The URL can be used to link to this page

2008 04 01 CCe4 4 4 adja City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, APRIL 1, 2008 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2008-015 Ordinance No. 455 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNER/NEGOTIATOR: TORRE NISSAN GEORGE VELARDE. q City Council Agenda 1 April 1, 2008 oq RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4-00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MARCH 18, 2008. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED APRIL 1, 2008. 2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE LA QUINTA HISTORICAL SOCIETY FOR THE MUSEUM. 3. DENIAL OF CLAIM FOR DAMAGES FILED BY JACQUELINE MATTHEWS — DATE OF LOSS: FEBRUARY 3, 2008. City Council Agenda 2 April 1, 2008 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE IMPROVEMENTS FOR TRACT MAP 32070, CODORNIZ, RJT HOMES, LLC. 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 32070, CODORNIZ, RJT HOMES, LLC. 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE AND ONSITE IMPROVEMENTS FOR TRACT MAP 32225, SANTERRA, G5 ENTERPRISES, INC. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 34968, MADISON CLUB VILLAS, EAST OF MADISON, LLC. S. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 34969, MADISON CLUB CLUBHOUSE, EAST OF MADISON, LLC. 9. DENIAL OF CLAIM FOR DAMAGES FILED BY LORI BOWERS - DATE OF LOSS: OCTOBER 5, 2007. 10. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PERSONNEL/RISK MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES EMPLOYEE RELATIONS INSTITUTE 2008 HELD IN SAN DIEGO, CALIFORNIA, APRIL 24- 25, 2008. BUSINESS SESSION 1. CONSIDERATION OF A FUNDING REQUEST FROM THE FIND FOOD BANK FOR CONSTRUCTION OF A WAREHOUSE FACILITY IN THE CITY OF INDIO. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A FIVE-YEAR AGREEMENT BETWEEN THE CITY OF LA QUINTA AND SUNLINE TRANSIT AGENCY CONCERNING ADVERTISING, INSTALLATION, AND MAINTENANCE RELATED TO BUS SHELTERS. A. MINUTE ORDER ACTION City Council Agenda 3 April 1, 2008 ;JI. 003 3. CONSIDERATION OF A CONTRACT AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KATZ OKITSU & ASSOCIATES (KOA) TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) TO WIDEN HIGHWAY 111 FROM FOUR TO SIX LANES BETWEEN WASHINGTON STREET AND THE WESTERN CITY LIMIT, PROJECT NO. 2006-04. A. MINUTE ORDER ACTION 4. CONSIDERATION OF A RESOLUTION APPROVING REVISED FACILITY USE POLICIES FOR FEES AND CHARGES AT PUBLIC FACILITIES INCLUDING THE MUSEUM, LIBRARY, AND SENIOR CENTER. A. RESOLUTION ACTION STUDY SESSION 1. DISCUSSION OF CITY OF LA QUINTA MARKETING STRATEGIES FOR FISCAL YEAR 2008/2009. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (TERRY HENDERSON) 8. C.V. MOUNTAINS CONSERVANCY (KIRK) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (KIRK) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY CHILD SAFETY COMMISSION (HENDERSON) 16. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) a` 6 0 ; City Council Agenda 4 April 1, 2008 17. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 18. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 19. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 20. COMMUNITY SERVICES COMMISSION MINUTES OF FEBRUARY 11 AND FEBRUARY 23, 2008 21. INVESTMENT ADVISORY BOARD MINUTES OF FEBRUARY 13, 2008 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. QUARTERLY MARKETING REPORT 2. CITY ATTORNEY A. REPORT ON HIGHWAY 1 1 1 /RIGHT-OF-WAY ACQUISITION OPTIONS 3. CITY CLERK - NONE 4. BUILDING & SAFETY DEPARTMENT REPORT — NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT — NONE 6. FINANCE DEPARTMENT REPORT — NONE 7. PLANNING DEPARTMENT REPORT — NONE 8. PUBLIC WORKS DEPARTMENT REPORT — NONE 9. POLICE DEPARTMENT REPORT — NONE 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS DISCUSSION REGARDING FRED WARING DRIVE IMPROVEMENTS (REQUESTED BY COUNCIL MEMBER OSBORNE). RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE *h DOJ City Council Agenda 5 April 1, 2008 PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT 2003-006 BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC. TO ALLOW THE DEVELOPER TO TRANSFER THE HOTEL PROPERTY TO A SINGLE -PURPOSE ENTITY FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MILES AVENUE AND WASHINGTON STREET. APPLICANT: CITY OF LA QUINTA AND CP DEVELOPMENT, LLC. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND ORDINANCES FOR: 1) CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT; 2) EDEN ROCK AT PGA WEST SPECIFIC PLAN 83-002, AMENDMENT NO. 6; 3) GENERAL PLAN AMENDMENT 2006-107; 4) ZONE CHANGE 2006-127; 5) TENTATIVE TRACT MAP 33226; 6) SITE DEVELOPMENT PERMIT 2006-852; AND 7) DEVELOPMENT AGREEMENT 2006-011, ASSOCIATED WITH DEVELOPMENT OF THE EDEN ROCK PROJECT INVOLVING PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT. A. RESOLUTION(S) ACTION B. TAKE UP ORDINANCE(S) BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE(S) NO. ON FIRST READING ADJOURNMENT The next regular meeting of the City Council will be held on April 15, 2008, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 6 April 1, 2008 DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of April 1, 2008, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on March 28, 2008. DATED: arch 28, 2008 VERONICA J. TECINO, City Clerk City of La Quinta, California Public Notices 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 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. 401: 007 City Council Agenda 7 April 1, 2008 04 �4��w ci 5 C QS OF Ttlti'9 COUNCIL/RDA MEETING DATE: April 1, 2008 ITEM TITLE: Demand Register Dated April 1, 2008 RECOMMENDATION: Approve Demand Register Dated April 1, 2008 BACKGROUND: Prepaid Warrants: 77241 - 77262) 77263 - 77263} 77264 - 772861 77287 - 772881 Voids} Wire Transfers} P/R 34288 - 34303) P/R Tax Transfers} Payable Warrants: 77289 - 77432) FISCAL IMPLICATIONS: Demand of Cash - City Demand of Cash -RDA John M. Falconer, Finance Director 52,093.40 1,495.00 1,478,636.96 1,587.03 0.00 444,401.21 212,885.94 58,780.29 1,968,607.33 $4,218,487.16 $2,298,041.58 $1,920,445.58 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING r 007 CITY OF LA QUINTA BANK TRANSACTIONS 03/12/08 - 03/25/08 03/14/08 WIRE TRANSFER - WATERCOLORS 03/19/08 WIRE TRANSFER - WATERCOLORS 03/21/08 WIRE TRANSFER - LANDMARK 03/24/08 WIRE TRANSFER - PERS 03/24/08 WIRE TRANSFER - ICMA $60,000 00 $103,000 00 $213,966.43 $56,887.51 $10,547.27 TOTAL WIRE TRANSFER OUT $444,401 21 009 91 W 1 o 1 O 1 uI YI Z 1 41 of Irl rizl Y Z I 0 1 M P 00 N N d M N m V 0 0 N N o 0 0 0 0 A P P P � O 00 00 NN V0O1 1 �4 . . A . . . .IA �4 . . . . . .IA 00 VV . .In . . . . VVO 00 00 AA W O 1 1 SSI<I OPT mmMNNmN Mmmmom 00 NN VPV NN OVVV 000 VV �4 �4 NN u<1 I mmP JAN NNM�4 � NMM NOV 00 NN m N VV MMNMN", 000 NN MM 1 Z I VN NN I VN�4 �4NNP NN NN M N NN M�� mMN I C I 1 � 1 1 I 1 I I 1 I 1 I I 1 I 1 I 1 I I 1 Q I IWI cow m m m m m m m m m m m m m m m m m m m m MIX) m 00 m I T 1 00 000000 000000 O O 00 O 000 00 O O O I\ 1 00 000000 000000 O O 00 0 000 no O O 0 IWI NN N N N N N N N N N N N N N N NN N N N N NM N N N IWI \\ \\\\\\ \\\\\\ \ \ \\ \ \\\ \\ \ \ \ I d l P P P P P P P P P P P P P P P P P P P P P P P P P P P I 1 00 000000 000000 0 O 00 O 000 00 0 0 0 1 I 1 I 1 I I 1 I I I I I R I 1 1 1 101 I 1 6 I 1 I 1 1 I 1 1 I 1 1 I 1 I 1 I N O m m m 0 1 M 000 O 1 O 'NN 1 I I m o0o r I I I A V P O O 11 1 m I IWI y M m V N M 1 v b 1 Jul MN m m m m mW m V P N N O 00 m m 1 1OV PmPPPP 000000 O P m0 P �TNN MM O O s- m 1 101 0 1 1 A m A N A P N N N m Q of 1> 1 Wm 000000 m m m m m m M V A N O N V V N N W 01 1 Z I 40 m m m m m m �� M A �1 �4 V A A A no M m N 0 } NI Iwl O O JJJ O O O \1 I 1 p N I I Z NJ I < N N \ I M 1 W W O I 0 I w w 1 1 W WW w 01 I I N W r r d' r 1 1 1 YJ rr Z Z W 1 1 I d'd rr W W W m 1 1 I < L Q< E i 01 1 1 y 6U mm } } T 01 I 1 w \Q 6 m NJ 1 I y06 y y m00 6 W \I 1 I J O l l Y W 00 6' d' he N I R I I Nd Now l 1 W �} m AU VJJ PO �0 Nww �4W mW M Y NJ I I d U Y. U U u P M N W P O O V p P pV> M> N U \I d' 1 Z 1 > >Q» w P NZ NN NQ< O O AW W I'll O I O I y y> NJJJJJJ �} '0 6 -1-1-1-1-1-1M6'd' S 01 p 1 w 1 \ o U m Q Q< Q< Q I 000 ow w 6 6 Q 11 J J J U I Z 1 r I J y } }}> W ...... fIl J J S w w w W W m I 6 L 1 W 1 d I QW rurryy d'00000 W Q6 y d'd'd' W W I I d 6 01 > 1 w I M -1 w u w w 000000 O O O O w W 000 w rl p p 1 d' 1 W'J d'w CmW W rrrrrr r J 00 W rrr JJ Z Z IA < LL I Jul W d > u u C C w .... w Z 6 O O m ... d d 7 O 1 IWI rd UO[UU« WZZZZZZ < W 00 ZE ZZZ .dd LL W U I IWI < O W W W W J J U< Q< Q Q Q O U J J OW Q Q Q U>> W W o I I p l Ly yyyyQQ 2111-!» 0 W y Zmm w£ N"' ZyN d' 6' W I 1 I < w r W w I r W W U > y Z r N O rc Z I 1 I N w < C N W O I I 1 U E CC Z < r W U w m i Q U J 1 I I > W V O 0 U w J O w > I 1 I W w Z y w LL Z p I 1 I y p O Z Z w W } W I I I J w W Z Z S y W \ I I 1 W } r u < S Y > I 1 I r p 6 O J O O O 1 W I I < m m w m m m m m m m m m m m m m w m m LL m m d m W m m m u m m W m W m Owl 1 i t I 0 0 d'0 0 0 0 0 0 000000 u 0 O 00 O p 0 0 0 00 no m 0 o m I N } N O N N < 1 I r I <\\ W\\\\\\ V\\\\\\ y\ \ V\\ U\ W\\\ y N N \\ S W m\ N w I W' 1 Q 1 SNP WWOMMOW <000000 Q�1 UP W'N wA mm. N W" "N rm P Z I O l p l e- N O � 0 0 0 0 4 0 0 0 0 0 0 � W N C A N m 0 rc M � N W e-�- w N 0, r N V d' I O I 1 W\\ r\\\\\\ >\\\\\\ y\ r\ W\\ W\ W\\\ p\\ p\ C\ y\ N LL I Wiwi 400 4000000 4000000 Q O < 0 Q O o Q O < 0 0 0 < 0 0 < 0 no 00 w l > I r l < I 1 of Y. I I PNM OOONNOO NO Mo � mm NM VNNN A0M mO PO 00 m I Y W I 1 NNl N I MIN MIM I N l I l l'� l PO Po PMM PO Pil] POO PO PO 00 O fowll I Nil N I 1 1 1 1 1 N I 1 1 1 1 1 NJ me Nil NJ N 1 1 1 Nil NJ NJ I'll 0 < I W L I 'I A V M A N N N N N N No Am NV V I'm A N N N A M M NO A O A N N r I SM I I ANM N� 41114 1 4 1` 44d. 44 Am AN AMM AN ANN NO AN Ad \J Z I V Z 1 NOw I NN I N I NHl=) I 1 1 MN NNNNNN 'NMNNN N NN NNN NN N N N \M O 1 I R I M L 1 1 1 11 1 1 1 1 1 1 little I I If I I I I I I I I I 00<1 1 I Wiwi, WNMIA mWJN WW�MNNd W, m, W�mN WNNN WVV m0 m0 mN J 1 1 r 1 000 O O o 0 0 0 N O O N O O O O 00 00 O N N 00 0000 O N N cc 00 ON M •. I YW I Z 1 000 0000000 0000000 00 00 000 00 0000 000 00 00 OA W E LL I u r l m l N A M N M M M N N N N, N N N, W Q O I W Q 1 0 1 \ 1 1 \I 11 1 1 1 \1 1 1 1 1 1 \1 \ I \I I \1 \I 1 1 \1 1 It \I 11 .Qd' 1 Sp 1 U I JAII N1r'1111 N11111Nr New JAII N< NrrI V 11 N1 d W} I u out N O O N O O O O O O N O O O O O O NO No N O O NO N O O O N O O NO NO NO W O r I I < 1 d W U I 1 1 0 0 0 O 0 0 0 0 0 0 o� 0 J N 1 IFI 1 F I Z I O 1 Y Z 1 o 1 00 0000000 W W 00 N O`O O N 000 `O O NA A 00 000 Pa O 1 u0 1 O 1 OOOOONN AA NN AOMOM 000 NN �1 �t ,ONPA 000 ON I W O I L 1 1SE1Q1 NN 'NOONOAN AA PP NO.00N ONN NN AA NrNNAN NON N.1 W 1 u41 I AA 1 •O AA OW PWrWr NAA NN N NA N�1�tONM PWr Pr 0 I 12 I NN ONIWJIANA PONM P`O rr MM r Pit .T �O �D A N•OrMMr MM MM MN, `ON 6 1 IH1 ONNMNrN rr NN �t rN rr M 1 I 1 N I I I I I I I 1 1 I 1 I I I W 1 I I I • 1 1 1 0 u 1 i 1 Y I 1 4 1 Z I 1 W 1 W W WWWW W W W W W W W Woo W W W W W W W W W W W 41 1} 1 O 000000 O O 0000 00 O O 00000 O 00 0 m 1 1\ 1 O 000000 O O 0000 00 O O 00000 O 00 0 1 1 4 1 N N N N N N N N N N N N N NN N N N N N N N N NN N I 1 W 1 1 I d l P P P P P P P P P P P P P P P P P P PPP P P P P P 1 I 1 0 000000 O O 0000 00 O O O O O O O O 00 0 1 1 1 1 1 1 1 ft I 1 I 1 1 O 1 1 1 d 1 I I 1 1 1 1 1 I I 1 I I 1 1 I I I 1 I I N 1 N 1 a O 1 I I J 0 M M1 I I W I N V N LL �1NN�OQ 1 1 M 1 Jul 0 IMIPOW M W O AN�ONN W AN V I 1-1 O A O r O ,0 0 H P N N A A N O M M M M `O 00 O 4 W 1 1 0 1 WNNNNN J A PPNN M� P } NAAAA A Woo P 4 01 1 > 1 4 M IMIMPP 00 0W of I Z I Q NN`O � PP O w WWWWWWW Z } NI I H I > P P P P P P d w O O O O �i d P U A AAA A M mm -+ \1 1 1 p N 1 1 I Z N I 1 I w Z p M I O 1 1 1 O 1 1 < w ti1 01 1 1 > 1- 4 1-1 1 I 4 6 O I Z 2 H W O } O I I 1 W W f 4 W W 4 m N I I 1 S Z Q W W W W W w N L L O \1 1 I Y W J JJJJ 4 00l7WW Z }Y 1- N N 1 a! 1 I dt W NH WJ PQ«Q N M W W0 4 4 A< A6Q Nw Y No 1 1 Ad A r< r< r1-HFF d NZ O 4<< <q M4 .16d NZ u \1 4 1 Z 1 N M M m A} Z Z Z Z W W r O Z r S S S S S N} P O W I'll O 1 0 1 MIX M Y Y Y Y Y Y M 6 M N W W W W .1 w V U U V Y I 4 4 L S 01 I w O U11.11.1UV Z 4444 p Z 00 I U 1 Z I F 11 1- W WWWW W l•J H 00 N I H f } O 1-1- N E 1 W 1 6 1 U S S S S S S Z 1 L L L L Z Z W W V U UuU w UU W 6 01 > 1 w 1 m U V U Y U U N 4 4 4 4 H H H O < Q Q<< N O W w \ 4 I 1 4 1 4 J p 0000 Z Z J p 4 4 4 4 4 4 4 4 J < "I 1 U I 2 I Z LLLLLLLL Qww d d 1 Owl w N �6 6 6 6 « t W H w H w H 4 6 6 d J Z E Z Z Z =Z=== U u ww N N 6 I IWI Z Q J J J J J J m > 3 J Z Z Z Z 4 4 6 00000 Z Z w 1 1 p I H U6d6666 Np m CSb�J' NHh N W UUU{JU W W Hw N 4 m Z 1 1 I W Z W 1 1 1 E H N Z I 3 14 J 4 W I U W W U 1 S Y U f I I 1 H u u w 0 p Z 1 I I 4 W Z > 6 2 6 U I 1 I O 4 w 4 Q 4 W Z 1 1 I Z to I 1 I N 0 I 1 I Z < W Z E 0 O O 1 I 1 p w N 4 O 4 L W L 1 W I 1 m 4 A W W W W O W W W W W < W W q W W W W W W W w W W W W Z W 1 L I 1 00 0 O O 000000 m 0 00 " 0000 w00 w0 WO 00000 JO WOO 40 1 4 1 I m O >> 0 0 0 0 0 0 O J O Z 0 0 0 0 Z O O Z O J O 00000 O Q O O W O I Z 1 W I N N N N N N N UN LL N O N N N N 4 N N 4 N -N N N N N N LL N u N N > N N 41 1 1 W\ M W \ \ \\\\ O O\ Z\ \\\\\ LL\ \\ O\ N w I < 41 4 1 FW 4\\4 4\ HP ud O.O MM m m LLo ZrMMMM wr QPP I:JN Z I O 1 p 1 < r W N r r r r r WN..... 4 N r W O O r r WOO, w 0 0 -00 .10 dL, d r O O r r r r p r 4 r r N 4 1 O I I Z\ =\MMMM\ 4\ O!\ p\\\\ J \ L\ Z MMMM\ 4\ O\\ N N O I Z I Z I Wm W N M M M M M W N N < M M M M Q MM < 4 M 4 N Q MMMM M Q M J M M MN N LL I Wiwi 4 0 m r 0 0 0 0 0 m 0 U O u 0 0 0 0 U 0 0 00 U O u 0 0 0 0 0 U O J O O U p r J I I I u I 4 I 1 rM N44�444 lel t dN NAAAA `Orr AM ON PPPPPP ON rMM Nr W 1 Y W 1 1 O J O MMMMM M 00 00 00000 000 O A 00 0,', r 0 d� r 0 0 1 u m l I I'll M 1 1 1 1 1 1 I'll M I Milli mil M I M I M 1 1 1 1 1 I'll Mil M I 0 < I WE I I AM AMMMMMM 1-4 A.rr AM ADO AMMMMM ADO IAMM !, 1 N F- I SO 1 1 AM AMMMMMM AM AA A�td d�1 ANN Ad AN A1 �1'd dot AN AMM AN \J Z I N O w 1 U Z I 1 I I r r r r r r r •r r r r N N N N N r r r r N N O I I I 4 MMMMM M N N r M M M M M M M 4 \M O 1 I a 1 . �1 �1 �.1 �1 4I V �•1 d I1 �1 �1 M O L I tD q 1 I I I 1 1 I ON 11 1 1 1 1 1 1 W NNNNN N I W d 1 1 coo 1i 1 1 m M M d 11 I W M M I W M 1 Wm 11 1 1 1 W N N N N N I Wm 1 1 m M M 1 ON J I 1} 1 00 0000000 00 cc 00000 000 00 co 000000 00 O O O 00 •• I Y W I Z I 00 0000000 00 00 00000 000 00 00 000000 00 000 00 w W L LL 1 u F- 1 0 1 N M N N N NO N AAA A N A A N A NM N �1 NM N N' 4 4 O 1 W Q I O 1 \1 \I 11 1 1 1 1 1 1 1 1I1 \ 1 \ I \ I 1 1 1 \ I I \ 1 \ I 1 11 1 11 \ 1 1 1 1 1 \ I \ I I 1 1 \ I Q 4 I S p 1 U 1 N r N r r r r r r A, N r N rrr r N r r N r N r N r r r r r O O N r NO N r r N O O N r` NO d O Y l u Jul NO N O O O O O O No NO N O O O O \ nN O O NO NO N O O O S 44w 1 1 I M M M m M M M M M M M�V 0 ddu I 1 I 0 0 0 0 0 0 0 0 0 0 O ^ M 1 I F 1 1 F I Z I 1 O I YZ 1 � I M0�1W 0 1 u o 1 O I O A P IWOIZI .••• 1 SL I Q I N�OO W 1u<I 1oO`n, m O I I Z I a-P 6 I 1CI . 1 1 1 F I N 1 I 1 I I 1 i I I 1 I � 1 1 I 1 O I 1 6 I 1 I I 1 I 00 00 .1d 00 00 00 00 00 00 Y In AOPW 000 AOVM 00 00 bd 00 00 00 00 00 00 000 WWAM ON MM Wd WID 00 00 00 00 MM M,, 0, In O •OP NN MM Wb 00 MM WW MM 00 MM M,N POP M.11A Nt- 00 00 NN AA APW MYIW �M�10 MN MMpa- � N N W W W W W W W W W W ow W W W W W W O O O O O O O O O O 00 00 000 0 O O O O O O O O O O 00 00 000 0 N N N N N N N N N N NN NN NNN N \ \ \ \ \ \ \ \ \ \ \\ \\ \\\ \ P P P P P P P P P P PP PP PPP P O O O O O O O O O O 00 00 000 O N A O N O O O O MO O �e-O p. A .1 •p w •Q .t � N N N W N M N Y1 M W N M N Q O YJ M NM 000 O NN AO 1 1 I 1 Y 1 1 � I I K O I I F 3 6 W F O X U I I Z W W Z W p W F P < UU WY• J Z I I Z < W w \ W W u F < F I I < 1 W x > F zz S w I 1 Z W 1' Z Y W W ZZ OE i! 1 I W U N Nw W �D< NWw WF Na- MOO Nu} FN> V r OQ 1 I Ww M Nm1 .t 01 NW NZ .f In IIIMIIY) 1 L 1 Z 1 Z W O O N M W N P M O N W O F- WWI 1 w 0 OwW .W N 1 0 1 1' w> .} M w d M NJ W O .t MQ< Nw1 .}wuw Nw p I w l <JZ J 3 O I w I wSVIF p rI F w O w L �0 SL Wr10 U 1 1 I J U W w Z J W F J 1- F LL W b Z Z W w W J N 0 IuILF p IL W FZ 1 0 Jw < F A ww W 6 O I N 1 6wUW w 6 1' OW 1 41 62 Q < N LL •NN 0=0 0 1 W 1 =30W W '� F OK �J Z LQ 6' um W pp U•Jz 000 O Z W L W N W £ W J I 1 O W Z Z O W > < 1 F w W 1 U J F W I i s z u u F < 1 I C W p Q W W Z N N S W J J C F F w Z W O W N U Z W 1 I 6 W > LL U n'I W F w w I W I 1 W W W W S W W W W W ow O W W J W Z W W w W W p W W W W W W F W I E 1 10000 u O O WO Q O u 0 0 40 Z O W O O Y O O W cc 0 0 0 w 0 I 41 10000 O O 1-0 J O O = 0 1-0 O O U O 0 U 0 0 W O O 111000 u 0 1 Z I W I N N N N Z N N W N -IN -IN W N w N N W N N w N N =M N N N N N N < 1 I F 1 \\\\ W\ \ \ W \ W\ F\ C\ N\ \ \ F \\ \\ F\\\ F\ N w 1 K 1 6 1 NdM.t Sr LL.} ZP 2V <�O 'JW <W FO wN N 00 W,W CMMO 6'N Z I O l p l NONt- 6� We- QN Ue- ZN 6�- WO Sr LO W, 41, WO 0 1 M 1 I \\\\ W\ w\ W\ <\ u\ E\ <in on Wm o\ w\ <\ F\\ >\\ W\\\ W\ N W I W I W 1 0 0 0 O .0 u O .0 u 0 ;0 UO x 0 u O U O u 0 p 0 0 p 0 0 Q O O O 00 w l > I F 1 u I C 1 I NM'-� MO V� NO W� AN WM 0P" OF` 1. N, MPP . O, Nrt-e" �00 W 1 Y w 1 1 N 1 0 0 1 0 I M 10 0 1. r NO No NO N 1 1 N W O N 0 0 0 N N O .1 u W l 1 1 1 1 1 M I I'll M I M I M I M I M I M 1 I'll I'll nil nil Mill 101 0 Q 1 W L I 1 `OMIIIN NO 1A10 AO NO AIO AM AO AN A.i A� AEI- AdN ANNN AM N F 1 SO 1 1 Ndd•Q NO AN A.i AW AN AM AM AM AM AM AMM AA.t 1` t AJ \J z 1 u Z l InOw 1 1 INN,, N e• '• v M NY1'> 1 I 1 "In YI N N M N N N N M N d NN YIN NNN t- V I O 1 ME 1 1 11 1 1 1 I I I 1 I I 1 1 I I I I I I 1 1 1 I 0041 11OONN WO OLO WM W0 WO WN WO WN WO WON YIN WO J I 1 F I O O N N 00 O N co 00 00 00 00 00 O 00 O 00 aco 000 ON N N 00 p •• I Y Iu 1 Z 1 0 0 A A 00 00 00 00 00 00 00 00 00 00 000 O O A O A A A 00 w L LL 1 u F I 1 0 0 11 All N N N A NM NO N M NO NN N NO NN N N O 1 N 1 � 1 NO KQO I IYQ 1 0 1 1 1 1 1 \1 \1 \I 11 \I \1 \1 \1 \ I \I \I I \I I \1 1 \I Q1' I Sp 1 U 1 NN11 In, N� Nr NW Nr NW Nr Ina NN Nrr YIO, Nt 11 N� 1 W r l u I u 1 0 0 0 0 N O N O N O N O N, N O N � N O N O N M N O O N A O N O O O N O W O F 1 1 < 1 YI N.Y d \e- \� \� \� \N \� \N \�- \� \N \� \N v \.t 14 \+n (� 'f Ii W W" 1 I 1 M M M M M M M M M M M M M M 012 11U I I 1 0 O 0 0 0 0 0 0 0 0 0 0 0 0 V U' < a I = I m M P P P N N O N A A W V W N O. 00 00 MM 000 00 00 00 00 00 00 O 1 W<A NN OWN WNNMOOVPV « 00 Inln NNO 00 AA 00 00 00 00 mi... . 41MMN VOM O.•O.pOWNO' NM WW 00 MM 00 NN MM NN 1 WW•O PP AVM • 00.OWNNNW NN 00 mW WNN VV 00 NN NN AA Z I NM V N« V M M< V« N M MM NN « V V 00 00 N N NN L' I 1- I N « { V i I rc 1 I < 1 1 W 1 m m W W W m W W W W W W m W W m W m m W W m W W m I y 0 0 0 0 00 00000000 O O O 00 O O O O O O I\I o O O O 00 00000000 O O O 00 O O O O O O I rc INN N N N N N N N N N N N N N N N N N N N N N N N 1 0 1 PPP P PP 0P P P PP P P P 0 P P I 1 000 O 00 000000000000 O O O 00 O O O O O O 1 I I I I 1 1 iG I I I lot 16 1 I 1 I 1 1 I 1 I I I I I I 1 V I 1 LL 1 I P P P P P P P P \ I I M M M M M M M M N < 1 1 M M M M M M M M N m P W owl «<«« 1 O NN M NN 00000000 P O ON W I P I Z 1< 00 00000000 .O O A 'M M Q M W O M I w I V m M m M O << 00000000 < J .p no O > O O < M I I I I I I I I I I I 1 I 1 W W W Z I Iuuu O } I 1 Z Z Z M Z I I4<Q 1 W I I Z Z Z Q HZ i h 1 1 W W W N N Y- W w Y Z I 1 00 N S < W 1 1 zzm 0 0 U Z Z 1 L w N w 1 1 ... O O w 4< w } �} W Y W ieI 1444 MSS < .0 OZ AW m44 AW P< PM Mr VS m�^1 1 1 iii .O L' A66 N V. <L NLL1N> Wd N �t6 VJ I Z I O N O A L < Q K M O M I O < < J W A LL I OI WWW IQ Zz .t NC KW M W�tMM6 z 00 Q 1 1 Oy -10 0 0 <m I I- 1 UUU W r1 r1 UI I N 1—Z m 1-J 4 N Uw 1 U F6 m w O W N £ J IW I 1- W W O O -1 6'W z 1- K w < Iu1OOO Z Wo LL a i-uWX W J y 1 W I OOO ."1 NN NNNNNNNN M w 6 WZ LL N 6 0 W Z I W I 0 0 0 < 2 Z C 4 4 4< 4< 4 Z W Z Q W Z W O K W C i Zii }£ IY h1 <4440004 O OC In we z w c M u 6' 1 J 1 I 6 O oD 1 I 1 U I 1 N IJ } f I 1 Z Z N U I 1 < S 6 W c I I U N S O 6 I I m M O N C N Z < J u W 1 O 1 I w J m p p Z I 1 4 Z J 1 1 F O a O H J S < 6 I 1 Z f Z O N J 4 H N I W, 1 W A A G W 000 Z W W W m m m m W W Q W LL W Q W W 40 S m Z W Z W W W W 1 i 1 1 0 0 0 Go Z O O "' O o 0 0 0 0 0 0 u 0 =a O 0 0 0 3 0 Z O 1- 0 W O O 0 1 < 1 1000 O O LL O G O O h 0 0 0 0 0 0 0 0 < O D O Z O m 0 0 O 0 0 Z 0 Z O O •O 1 Z I W 1 N N N N N N N N N N N N N N < N N UN O N N y N MN Z N Z N N u ry N WO tiN N 01 Z I Z I N O< W N W N N W M M M M M M M M W M W M W OM < M Q M Z M M < M •• LL 1 W 1 C I O<< c 0 c 0 0 D 0 0 0 0 0 0 0 0 no O O no 0 J 00 C O MO O WO WO O no .1 > I H I < J 1 1 41 I 1 u l Oe 1 1 000 A< WAA Pa-«««< ON <O N< MMN VO NM AN WO PM W 1Y1,11 I In N10 M O O N O O O O O O O O no no no M V O no M V nM o MN M< MM O <1 u m 1 Jill 1 1 M I Mil MIIIIIIII M I M I M I Mil M I M I M I M I M I M I O QIWZI I1M AM IANN ANNNNNNNN AV A< AM AM•O NO AM AO AN AN A< N } I S 1 I4V V NV A M M A N N N N N N N N A V No A N A M N No NM A< A N NM NN \J Z I U 2 1 I MM <M<MM<M `OI < « 1 1 W < M < NNa I I 1< N MM <N<.O .O<.O N N M NN N N N M N O I I it l In N uN V V V V V V V V V V V V M V V V M V N mm V V V I 1 Jill I 11 1 1 1 1 1 1 1 1 1 I I If 1 1 I 1 I 1 O l9 < 1 I 1000 min W«««« WV m 0 W N W N N m 0 W N WC, WV WV W M J I 11 0 0 0 O 0 0 0 0 0 0 0 000000000 00 00 00 O O O 00 00 00 00 00 00 o •• I Y W I= I o 0 0 00 000 000000000 co 00 00 O O O O O 00 00 00 00 00 WY01 uH 1 0 1 000 NN NAA II I I I .I .I I I NN NN NA "MM N< NM NO NA N< NM < Q O 1 W Q 1 O 1 1 I I If III \ 1 1 1 1 1 1 1 1 \1 If \1 \ 1 1 11 If It '1 11 \1 W} l u I u l 0 00 NO N O O N 0 0 0 0 0 0 0 0 NO NO NO N O O NO NO NO NO No No W O } I o.au 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 g o 013 N 1 I r l r I Z l O I Y Z I O I P W W N N O O P P O O 000 cc O O O MHO M N P N N A N 00 N P N P O O i uo I O 1 t-MW �. mot' 00 WW V`G 000 11 000 �OOA �•O VAN�tP PP W�tdN�Wt- I W O 1 L 1 . . . . .. .. .. . . . I SE 1 6I ONO 00 00 WW LOW 000 MW OWN N•O.O , •O.OW�t NN PNNNN,t)m W I uQ 1 I NNM AA •-� NN N�1� WW OWN MMM•O� NMPAd NN M�ONN�I EOM W I I Z I P P O N N A A M P M W P M M NN N N < I I C 1 d 1 I r l A N N 1 1 I vv N« 1 I I N N I 1 I 1 I 1 1 I 1 I 1 we I I 0 1 1 1 OI I I u I I 1 1 1 Y 1 141 Z 1 I W I coo W W W W W W W W W W W W W W W W W co W WWWW W 41 1 Y 1 00 O O O O 00 O 00 0000 O O O O O O O O O O O W I 111 00 O O O O 00 O 00 0000 0000 O 000000 I I K 1 NN N N N N NN N NN N N N N N N N N N N NNNN N 1 I W 1 \\ \ \ \ \ \\ \ \\ \\\\ \\\\ \ \\\\\\ 1 I d l 00 O O O O 00 O 00 0000 0000 O 000000 I 1 I 1 1 I I 1 1 1 1 A I 1 I 1 O I I 1 6 1 I 1 1 1 I 1 I I 1 I I 1 1 I P I 1 I 1 I 1 A PPt�NM I I U I Wd I W `O AST W 00 MAN W NNAN�N I I w 1 �DN P O A N SON O 00 �OVN OdMM O AAOMO� K W I 101 WM W O O �O 'N H' NN N'-�DNNe•A O �OONN < 01 I> 1 d N I P N 00 M M W 01 I Z I I M () O M NNNN M OON000 T NI 1-1 NN N 0 d 00 O 00 0000 NNNN O NNNL-Wb \1 I 1 0 N I I 1 Z NI 1 I < \I I I 0 O I I 1 01 1 1 r W r O! [Y r l 1 I Z U Z W J W L I I W w W r J J J J 6 W 1 O y w 01 I 1 W T E w w w A Z Y OI 1 1 >W 4 Y d O:< A W W NI 1 1 O N d N N N W Www \1 I I K I J O: W 1 UU rrrr W N W r h NI a1 I Pdd Pw MW w P W Md Iw "Q<QQ NO: NW N 4 Y NI I I N£X 14 N> MJ M N MX vwLnH ELLS M rrr NZ M L U \1 0 I Z I w W � E O d N M NW N �t U Z Z Z t o W M I O 1 0 1 d 6 M NZZ ZZZZ <<<< �fU Z0 Z 01 O 1 w 1 W J r J O J 00 0000 <<< I w 1 um N 0 W w P 4 = U U ow« C C K K Z w w w 4 W \ OLI Id'1 N Z Z W OL N4 WW WU'I:J I:J <www �"1 ydW2wU < LL 1 IVI CY d' d W iG iC Y d6 wwMw d'<Q6 1:J I 1 N 1 Er W LL r r NN Ww (O Www 0 ddrwd'Z I I W I yQw > W O r6 YY w ZZ KwCL wOL d' w»«KO I 1 O 1 Z J U O d' U Z L r r U w w w w w w J d' C K J N N N L d w U w W 1 1 I L 1 1 I N d y y W ^ w > 4 H O IY O W I I 1 U U N I I 1 N > W OC r r U r W w 1 1 I < W O W r0n J 0 I I 1 N 6 T U U W W I I 1 o}I 0 O 1 I 1 2 W OD O N N w U Z 1 W 1 1 Z W W W E W w W W WOW W W < W A W W W W A W W W Z W r W W W W W W I E 1 I Q O O O D O 00 = 00 N O 00 = 0 0 0 0 = 0 0 0 0 .0 0000000 I Q I 1 > 0 0 O J O = O 0 mo 0 N O O Y O OD O O u 0 0 0 0 < 0 0 0 0 O 6 0 0 0 0 0 0 I ZIWI W N N N W N UN r N - N N d'N N N W NNN N O NNN N Y N W N N N N N N N Q I I r l \\ \ LL\ \ \ W\\ O\ N\\ r\\\\ S\\\\ Q\ 0\\\\\\ N .1 = I Irl 6 I L yI O:1 I OAA NO MA �tN NOO N•- A00 WNNNN PNWW� O0 �,WNNNN W 1 YW 1 I d00 wit t VO �?N .1N d�f �l d0 Mil l Milli l l i Milli l WHO NO NOWNNNN O IVMII I mil M 1 N 1 I'll I'll M 1 1 I'll M 1 1 M I 1 1 1 M 1 1 1 1 M I M I I 1 1 1 1 O Q I WE I I ANN A, NO A"4 AN AMM AN NN4 Awimi,%O AMMMM AL- ADO M•0 �0 �0 .0 N r I =� I I AMM AN AN AN AN A�fd A�f A�1V ANN NN ....A�tAN ANVNNNN \J 2 1 U Z 1 1 N N 0 1 1 1 M N N N N N M M M M ... N N 4 M M M M \rvl0 I I ii I �iN V M �? d NN N NN dot s t �t tell �l �I `tddVvd M S I I 1 11 I I I I I I I I I 11 1 1 1 1 1 1 I I I I I I I OOQI 1 1 W.ON WN WO ON WV WOO WN WNN Wd4�t W�WWN W� Wa-WMM�iM J I 1 r l CON O O 00 0 0 00 000 ON O A A 00000 O o 0 0 N 00 0000000 0 •• I Y W I Z I O O A O O 00 00 00 000 ON O A A 00000 00000 cc 0000000 W L LL I u r 1 l N A B N V N1n N d NN N O O N, N 1 1 N AAA A N M N N N "N NN N A A A A 6'601 W<101 \1 1 \1 \1 \1 \I \1 1 11 \1 1 \1 1 1 1 \1 1 1 1 \I \I I I I 1 1 Nit- Ns NI Nr N, In, N, N11 Nl-t 11 d O Y l u I U I NCO O N O O O O N 0 0 0 0 N O N O O O O O O 014 N O O N O N o N O N O N O O N O W O r l I < I \e-.t \c• \� \� \� \ul N \.t \.t �f \� a- \e- M r M q dKw l I I M M M M M M M M M M O O d6u I I 1 O O 0 0 0 0 0 0 0 0 u 1 Irl O 1 Y Z 1 1 N N N N W•O N P d �f �? P A O A .t P P P P 0 0 0 0 N O N 0 0 0 0 0 0 0 0 0 0 0 0 M M . . . . tP<AW .SON<O.. .. NY. . . . . NMI O• 00 00 . . . . . . . . �D . W .. .. I Si I < 1 <AWNMAO «•OV<PNOP 00 00 00 AA ODOR 00 00 N400NV NN W I uQ I I WMIOP<AM N«Na-<MA MM MM �t �t NN MPV 00 00 mOV10 P AA lD 1 1 Z I MOON � 4 OW « MM VN NN 00 M<AO<N� � NN LL I I r l NN NN �tV N N< �DN 1 1 1 « < I I 1 I I 1 I I I 1 1 I 1 W I I 1 0 1 1 1 O 1 u 1 I I I 1 4 1 Z I 1 W 1 W W W W W W W W W W W W W W W W W W W W WW W W W W W W W W W W 41 1} 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O co O O 0000000 o W I 1\ 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O 00 O O 0000000 0 I I rc I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 1 1 d 1 P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P 1 1 10000000000000000 0 0 0 00 0 0 0000000 0 I 1 I I 1 I I 1 1 I I ft 1 1 1 1 101 I 161 I I 1 1 1 I 1 1 I I 1 I I I 1 I I 1 I I I 1 I I 1 1 I M I 1 I \ 1 I W I W W M O W< O W« A N P N W 11 N A A 1 I V I WNPPWOW • NNIIW<A O O WW I 1 �+ I NO<.p �TW W�DOOO�OM Mgt �t NO d 00 N ac it K W I 1 0 1 0«N«OMNNNMNNN< O N P A AA N N NNE w Q O I I> 1< N N< M N �t < N N N< N N N N N •D O O 0< 0 A N U V N N N N O w 01 I Z I V O O O O O O M O O O O O O O O O N N N M M O Y N I I w l MNP A•O«<WWW�tdMM�O V �} M M 00 W M <JJ«« < \1 I I p N I 1 1 Z N I 1 1 < \1 1 I M I 1 I r p of 1 1 Z Z K O 1 1 1 r w W .. 01 1 1 z a s r OC r l I 1 Jw iL r W 1 I I J J< < o r 6 W I 1 I 66w6 r r W IDW (Dw O 1 1 Iwrc Z Z p C ZZ T O I I I G W W W W J W ww Xp W NI I 1 wwwr= S i LL W i rr Z Z } \ 1 I 1 r r Q w N r r W } } w w 2 2 N w W 0 Z N NI >E1 I <QiYr ZZ AW W Aww OJ P< Nv1WWr<Vu NO Y NI 1 I SL d'OC Nww 0: 6' PQ SON Pb .p6 AOC OC �t0 Ar �OF-wwWrQ P£ V \1 0 1 Z 1 2<< W Q< W w w < w A W < A < O W W 0 J J J L J p M W W M 1 0 1 0 1 JJwL O. w££u <Q <w N. 0 M0 W W .} I O: O mow. O: S 01 z I w l 6« 1 \S J\\Z d d > J O G V u 1 w W w 0 O W w W U I Z I r l V VLL'NNUJ>YINQJJW W O L r r ZZ tD 0 J4O.0LLK U £1 W1d1 wwpWWrQM1WWZQ66'1' 6 U U WW Z Q <Q V 6 01 > 1 w 1 4'U VO: M1'WJ r \ OC 1 1 L' I rrr£JJC. OCN M6ZwwzzJW N OC 1' W W r J wNNww>Q N < LL 1 1 V 1 ZUV6'66 W w u r r LLLL Z w <0p460r w I I W I< J J r>>\6 O 0 0< 6 Q 6< ZO > O Z Z 00 6 6 W< Q W W W Z oe 1 Ip16WWNNNQ£WNN£LSLL Cu 1'W w w VV 6 6 KJJC KL[w 6 1 1 I w W I 1 I r N Z Z I I 1 D O O I I 1 J Z w I 1 I N w U < 1 1 I r < Z oc Z I I 1 W w to O 1 1 1 z z r z LL 1 1 I > > a o O £ W w w r I I 1 O W £ Z I 1 I V O < O W W < 1 we 1 W W W W W W 0 W W W W W W 0 W W W W W u W 1W N W 0 J W £ W W W W W W W W W 0 1 £ 1 10000000000000000 > O y O 40 o 000 Jo L O w 0 0 0 0 0 0 0 < O I 41 10000000000000000 .0 To -+O 400 W O 00 W O O O O O O O r 0 1 Z I W I N N N N N N N N N N N N N N N N r N N N N WW N N Z N N UN V N Y N N N N N N N Z N N w 1 C 1 < JO WP wP -+AA pA W W .AAAAAA 0 i t O I p 1 0 0<<<<< N N N N N N N N< 00 W< >< Z< O< .0 W< 0 <<<<<<< 00 OC I p I 1 \\\\\\\\\\\\\\\\ Z\ r \ W\ Z\ £\\ >\ Z \ N 0\\\\\\\ \ N O I Z I Z I N N N N N N N N N N N N N N N N Z M Z M r M w M w M M < M w M M M M M M M < M •• LL I W 1M 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 "0 .0 00 O r 0 0 no Y O w W O 0 0 0 0 0 0 0 Jo w l > I r l < J 1 1 u 1 = 1 M< dM NM �11 AM WIN PAAAAAM< ON W I Y W I I N N N A O N .f N O N W W N N W W N< No N 4 N O o N< "0 N O O O O O A O •O N 0 IUWI 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 M I M I M I M I Mil m 1 M I M 1 1 1 1 1 1 1 M I O <I Wi 1 AM AN AM AM A« AM AN ANNNNNMN AM N r 1 im I NK Apt AM AM ANN AM AN AMMMMM4AM \J Z I u Z 1 NOw I I I .......... «PP N < « 1M «««< < N N 0 I I I M N M M N M M M N N<< M M<< < N N N M M N < M M N N M M N N \MO I V M£ I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 I 1 I I I I I 1 1 1 W W Q 1 I 1 0 0 00M M M M N N W W M M W W o N O N W M W M W« W< W M O OO O O V M W W< J I I r 1 O O O O N O O O N O O O O O O O O O ON 00 00 000 00 00 O o O O o O o A 00 p •• I Yw 1 2 1 OOOOA OOOA p000000 00 ON 00 00 000 00 00 OOOO OOOA 00 C< O I W< 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 \ I \ I \ 1 \ 1 \1 I \1 \ 1 \ I 1 l 1 j 1 1 1 \ 1 < 0 1 S p I V 1 < < < < < < < < < < < < < < < N < N < N < N < N < < N < N < N < < < < < < < N < } I V 1 u 1 0 0 0 O O O O O O O O o O O O O N O N O N O N O N O O N O N O 040000000 No w W mw.t 1 1 M M M M M M M M M 6LU 1 I 1 0 0 0 0 0 0 0 0 0 015 A I 1 r 1 O 1 XZ I O 1 00 00 00 00 00 MM PNdO 00 00 NN 00 MM 00 PPf`e- 00 e-0 O I u= 1 O 1 00 00 00 00 00 AI, 10101+IIA NN N1n 00 00 MM 00 00101n%0 00 NO 1 W O 1 L I . . .. .. .. .. .. . . . . .. .. .. .. .. .. . . . . .. .. I SZ 1 Q I -OHO 00 00 PA 1n1n NN OPON I'n PP NN •OHO •OV 00 •O,W0 00 MN W 1 u< 1 I OO OO 0000 10.0 W—lin NN 1nln PP NN Vd NN IN. O 00 �I, 0 1 1 Z 1 00 00 N,W *4 0, < 1 two 6 1 I r l NN NN WN I I I I t I I 1 I I 1 I 1 1 W 1 1 I O 1 I I O 1 I I u 1 1 I 1 1 K I Z I owl CO 0 N W N W W W W W 00 W W 00 a0 W CO M W W < 1 I Y 1 O N O O O O 000 O O 0 O O O 000 0 0 W 1 1 \1 O O 0 O O O 000 O O O O O O 000 O O 1 1 K 1 N N N N N N NNN N N N N N N NNN N N 1 Iwo \ \ \ \ \ \ \\\ \ \ \ \ \ \ \\\ \ \ 1 1 d 1 P P P P P P PPP P P P P P P PPP P P I I 1 0 O O O O O 000 O O O O 0 0 000 O 0 1 A 1 O 1 6 1 I I I 1 I I 1 I I 1 I 1 1 I I L I I I \ A 1 1 1 A N 00 I I 1 O M \ I I W I I P `O N M N QD I I u 1 a0 00 00 d 00O N O > 0 N O I I- 1 O O O O NW,, 00 Hl I O 1 O NNN P 1 00 OD 1 1 O I O M I OD N m O I M 0 H PP00 00 00 P 00 r < 0 1 1> I N N O �O N N M N 00 1n C P O W O I I Z I M m M N N NNN P N 0 4 4 O 10 O Y N I I H I O O O r- M N MHO �O N N O > N \I I 1 p N I I 1 Z N I 1 1 a \I 1 1 M I I I 0 0 1 1 1 O 1 1 1 K H 01 1 1 1- 1- 1 1 1 Z U W W 1 I 1 W W d 001 1 1 Z r XV r r LL 01 1 1 Y r Z JH Z Z Y 01 I I Q Z W d> W W u m N I I I d 6 Z LH L L > \I I I r T UU Y Y N N N I A I I Ow M N s-J v4 N O I CD N N OQ N P6 M 00 OH Y N I 1 I N> M M N� ''•6 00 OD 41. NZ .rr �} N6 N �fd NNNN `00I1 NU u \I 01 Z 1 •00 INN N N rH NO e-2 ' u N NO w N NW W W Nr N> W MI 0101 r �1 �t NZ M0 N Oe< H .}H �?U 0 W 0 WWW S N S 01 p I H l J O O Od r 6 > O r O LLLLLL 00 U 1 Z l r l l0 u r N 6W 6 L N r Q r H r L 1 W 1 6 I I U W NtC H V J V Z_Z_Z J V ILO I > I H I p L H \ C[ W 1- d Q \ R I I u I 2 r r 'J d' J wzN V H r 1- 1- p4p p d' < LL I 1 0 1 2 OZ W r 6 U.] W 4 N r W r QQQ J r I I N 1 LL 6 fI14 N N 6 YH u [O 6 L N L N W Z 1 I W I W 00 Y0' Z w<O W O Z 4 Z ppp H O O rOC 1 I p l K NW i H N LJ N pOC U H Z -100 H 664 LL U I 1 J J W r 1 1 I C C[ H J U 1 H H U J 1 1 I t0 t0 O 00 J N Z • 1 J J H u O I 1 I O O J r K Z Z 1 I I O O Q C W H H I I 1 S S V W W r U 1 1 1 U U H N U N Z Y Z 1 1 1 } N N OC W Z W H W N I;J H 1 1 I K O p H L 19 d p H 1 1 I W S Z r Z H Z Q J 00 J J 00 1 1 I 6 M H H N J 1 1 1 m S Z S K 6 S N W p S < N U r r I W 1 I OD 00 00 00 400 6 N 00 O0 00 W W U b Z Ot) W 00 ow Z 00 00 00 00 J a0 I Z 1 1 <O <O <O QO J0 O 000 J=O ZO <O 0 JO W0O QOOO 00 WO 1-01-01-01-0I <I 1 0 0 0 0 O YO X000 WO 40 J4J O O O WO ZN d0 WO I Z 1 W 1 ZN ZN ZN ZN ZN 2N -NNN ON ZN N ZN wN ZN NNMNNN ON ZN ZN N 41 1 r 1 H\ H\ H\ H\ Q\ H\ O\\\ Z\ W\ Q\ \ O0 \ 1L\\\ \ O\ N H 1 1 < 1 OO 0�t Od OP Wool) P J� 40 rM ZP TOp WW OD NNN ON u 0 Z I I p I ON Or Or ON fir- OCr e•N, = 0 O ZO HN Jr 0 Zr• Hr-e•r• ur- N O1 I M I I \ \ \ \ K\ N\ W\\\ N\ H\ J\ \ Y\ Z\\\ N\ H\ N 1 Z I QM <M QM QN <M QM SNNM OM 4M 4N <N QM UM 4M OMMM ZN QM LL 1 Wiwi JO JO JO JO LO JO 1-000 JO LO LO 0+0 LO 30 11:000 LO ZO H1 >1r1 < I I u I Oe I 1 e,0 N0 M0 dN NM SON A� W,n WJ PW 1 a0 0-M No MM 1`000 NP N, a0 1 Xw 1 1 m l I00 m i be- M I �00 mill OON M I no PO A.t m o m l P000 1" 1 ha- 0 41 wm 1 1 M 1 I'll M I M 1 M I M I M 1 1 1 M 1 M I I'll 1,11 M I M I mill M I 1,11 O 41 WL 1 I NO ISO AO NN I`In rl-O 1`M PM ISM N,AM AM AM 1�000N, ISM INN N r 1 S= 1 I NO I�00 Aa0 f'M AM nN Av�tN f�N fed Ind ISM INN f�M �e-e-� Av ISM \JZ I uZ I 1 ' NOH 1 I 1 r- r• a-' Nin N o^PP ina- N0 1 N I 1 N N N N Ne-m N N N MMM N N \M N I N d N 4 �? �f NNN V N ML 1 1 1 1 1 1 I 1 I 1 1 I 1 I I 1 1 I 11 1 I I O041 I 1 000 00 000 00 �0 00N 00 a00000 00 000D cON 000 000 00N 00000 a00 OOM J 1 1 r I 00 00 00 00 00 00 0000 00 00 ON 00 00 00 0000 00 Olt •• I Xw 1 Z I 00 00 00 00 00 00 NOON NO 00 NOl�, 00 00 00 NNNN 00 OP wZLL I ur 1 = I N, NM NM NM NM NO NMNI� NN NNN, NM N•D NM N000 NM Nr- c<O 1 WQ 1 O I \I IA \I \1 WI \I \1 1 I \I \1 \I \I on \1 \1 I I \1 \1 Q00 1 u 1 U I NO No Nr NO NO NN NOOO No NO Nr No NO No NONO Nr No d OOY 1 u I U I NO NO NO NO NO NO N000 NO NO NO NO NO NO NMM�t NO NO W O r 1 1 Q 1 m m m \e- m \In m r- \a- m \.t \� m m \P A ti k�" , 1 h 01000H 1 I 1 M M M M M M M M M M M M M M 0 M V ddU 1 I 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 m I 1r1 1 r1z1 O I U Z I O I A O N O O N N N O N I S L I< I N O N O O N N N O N Ip I I Z 1 m��V101-A Na-M s I I¢1 I 1 1 I 1 I 1 1 I 1 1 00 00 00 00000000000 00 00 00000000000 NN 00 NPANYJ Pit N�OP �O YJ PP AmNm�ID M�fAmN m m m N, M V �M M A V V M m m IOAAPO.ON AOAAOMm �t �t A •OONNNN O.O AnMmN 00 PNa-O V�f •O NAOMmf� •Om '- W I m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m 1 0 0 0 0 0 0 0 0 0 0 O O O 0000000000 0 0 0 0 0 0 000000 O \ 1 0 0 0 0 0 0 0 0 0 0 O O O 0000000000 000000 000000 O ¢ I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N NN N N N N N L 1 P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P 0 P P P P P I 1 0 00 O O O O O O O O O O0000000000 000000 000000 O 1 I 1 1 a 1 O 1 > I 1 I 1 I 1 I 1 I I 1 ( m m m m m m m m m m W I m m m m m m m m m m u l 0 0 0 0 0 0 0 0 0 0 N I I 1 1 1 1 1 1 1 1 1 O 1 n A A n n A n n A A > 1 0 0 0 0 0 0 0 0 0 0 Z 1 0 0 0 0 0 0 0 0 0 0 w I N N N N N N N N N N 1 1 I I I I I I 1 I NNNNNNNf/lNN I u V U Y U U U U U U O 1 N N N N N N N N N N M 1 r l r r r r r r r r r r L I U V u u u u u u u u I+I <4Q6<Q«<Q u l r r r r r r r r r r N 1 Z Z Z Z Z Z Z Z Z£ W10000000000 cluuuuuuuuuu I 1 1 I 1 1 1 1 I 1 W I ( m m m m m m m m m m I L I 1 0 0 0 0 0 0 0 0 0 0 I sl l0000000000 I Z I w I N N N N N N N N N N N 6 1 I r l\\\\\\\\\\ N Z 1 ¢ I Q 1 0 0 00 0 0 0 0 0 0 Z 1 O ICI 0 0 0 0 0 0 0 0 0 0 ¢ 1 C 1 N 1\\\\\\\\\\ N 01 Z 1 Z 1 M M M M M M M M M M •• LL I W I¢ 1 0000000000 M I > I r l ui =I inAOAONNnCA m I YW 1 I00,0,000�0 O 1 U m 1 1 1 1 1 1 1 1 1 1 1 1 0 < 1 w£ 1 I N N N N N N N N N N N r I S� l I M M M M M M M M M M \J 2 1 U Z 1 1 NNE 1 I 1 VI YIN III YINNMMN m mO I I a 1 YIN YIN I(I �I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 OU' I U I u l 0 0 0 0 0 0 0 0 0 0 a aul I 1 "I'll 0 0 0 0 0 0 000000 11 1 I 1 I m o m m 0 0 M VMnNm �•O r �t NO�OMM mN mO mO 0ONN�N�OM�MNNom AnNM,WAN NowwoO OO-N AP P6 OM mN VYl�bO�bOV�O.O IO YJ •O .O N ,WwO ONN mmmwwwwoom 0,0Pe0... NN NNNNNN NP P ¢ O O •O.O.O .O .O.OdddYJ NNNNNN qd�l �t �t �} N Z O Z H O r .. < r O M M r < A P P N r a a a m N £ � m � N U• N N N N Z N J Op ow In 2 O I I 1 LL 1 I V NI -I SOH VJJJJJLLX ¢ 0 Z N VJ OJ OOOO O-J a�6 NM1 c•'1 ¢¢¢¢¢¢G 6 N 4u u£ n'1 1 4 = z z z z z£ S r U W J J L J U N NNNN N Iq N W O O O O O N Y Y¢ J J N J w N O W W W W W W 0 (:J ¢ I 0 U U U u u I N¢ ¢\ W m w m w ...... W m r r Q< r J J J J J J Z m £ O r r r r r Z¢ 6 0 Z Z N 2 Z Z 2Z 2 6 6 G L L 1 ¢ W W 'J WWWWW<60✓IQ JJJJJV 'J»»o > L ¢ < 6 1 1 1 6 L N J J L 6 1 1 6 6 N N NNNN N O N u u r z m w .+ a < r r m m r m W m m m m m m m m m m U• m m m m m m L m m m m m m m O 00 W O J 0 0 0 0 0 0 0 0 0 0 0000000 W O O O O O O o J O r 0 �o 00000000000 ¢ 0 0 0 0 0 0 c 0 0 0 0 0 0 0 Q N W N Z N Z NN N N N N N N N N LL N N N N N N N NNNN N u N Z \ \ \\\\\\\\\\ W\\\\\\ W\\\\\\ <\ Or ZO 2.O Tra-..a-a-.a-a-4 ¢P4P00-M uMMMM00 ¢, rIM Wa- Ja•�e•a-�a-t-a-a-O NONNNc• �•10000�� r0 r\ L\ m\\\\\\\\\\\ m\\\\\\ W \\\\\\ I \ zo < M O N K M M M M M M M M M M U N M N N N M LLMmmmmm Z M Z O 6 0 ¢ O r 0 0 p 0 0 0 0 0 0 0 0000000 0000000 O O AM m, PM OOo,Wm POm NO AO Ad WNN•O.O. WmI Nm m000000 WON0000 mM M I M I M I M 1 1 1 1 1 1 1 1 1 1 M 1 1 1 1 1 1 M 1 1 1 1 1 1 M I AM A� AM ANNMMMMMMNM ANNNNNN n•O.OVID `O �O n� nN AN AV A�?NdNddddd�f Apt �}dd�f �t ANNNNNN AN . . M P P N N N P P •O r �NNNe-ul ul vlr NIn uI YINN �r•Or�� r I I I 11 1 1 1 1 1 1 1 1 I I I 1 1 1 11 1 1 1 1 1 m0 mo 00 mV4mN OO co OO 000"NNO0oao O m Q000000 OO 00 OO Oo OOOOOOOOOOO OANNn 0000000 00 NO NNNNNNNMMMN "I'll, NIOVN« N� \ I \1 \1 \ 1 1 1 1 1 1 1 1 1 1 \ 1 1 1 1 1 1 \ 1 1 1 1 1 1 \ I NO No NO N 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 N O O O O O O NO 17 0 0 0 0 0 0 '`'0 P I I H I F I Z 1 O I Y Z 1 = I 00 00 00 M P S M M 00 �M M 000000 V vIN d 00 00 000 000 00 OIu=101 00 00 00 InPln tea- 00 mPP 000000 MNMP PP InM 000 vIV, 00 1 W O i C I 1 SL 1 Q I nN 00 00 MNO AA 00 minN 00 W 1 u6 I 1 AA MM . 00 '0� �0 �0 InM MNI MI00I� �t c-vI NN SOD y OP �D�vI 00 0 1 I Z 1 PP mm W.t WN,,NN PMMO NN WM4 AVIN 00 6 I 1 I- I PP PP a-�- P�iNO vd vV 1 I I Mc�� MM i I w I I 1 0 1 OI 1 I u I 1 I I I K I Y I < I Z I I W I m m m mm m m mm mmmmm mmm m m mm mm m Q I I Y 1 O O 0 00 O 0 00 00000 000 O O 00 00 O m l 1 \1 O O 0 00 O 0 00 00000 000 O 0 00 00 0 1 I C I N N N NN N N NN NNNNN NNN N N NN NN N I I L I P 0 P PP P P PP 0PPP P P PP PP P I I 1 O O O 00 O 'O 00 000000000 000O O 00 00 O I I 1 I 1 1 I 1 I I 1 I I 1 iG I N 1 1 O 1 1 0 1 N I 1 i I 1 1 I 1 I 1 I I 1 I I I I 1 I I 1 m I I 1 O I 1 I Mm L' 1 I I M m 1 < 1 I W I N N m I N P M I l u l M m M 00 00 M 00 VMNOM •mm O O 4 m 1 1 01 M V 00 P G IO �O `0 �0 �0 Mmm 0 MM 1 dN 000 OR 1> 1 �O A O MM m 0 PP vlN UI VI YI PPP O 1 vId 00 N W 01 I Z I N P M 00 O M PP MVI YIMM mmm 00 M Y No I C I O N O NN M m 00 6' mm O \1 I I p M 1 Z No 1 < \I Z O Z MR I O U < y 0 01 I I "I 1- O I I 1 1 L VI y rI OR I I I- < Lry Wy L' 1-I I I J <QCW p"'I W 1 1 1 Y W J 6 m 1 1 1 m 4 zwW o W H W w W 01 1 1 W Z f G J U J 1-1-1- Z p W Y 01 I I Z < I/1 LLJ J ZZW I- 1:J m No I 1 Z Z a a o a __Z m W Y W Q \1 I mzz Y U Uw W y Y11 ie 1 I mV A .O\ N P SOW N N I 1 1 1 6 MSBL m6 m> d AOm NO Y NI 1 I O< No My N e- mW 0 • WWWWS ML `D> N N6'� NO u \I WIZI C y �-I Mee- In IL' m InYV uu= N MI-O MLL w MI 0101 �I- Muuu s-Z MW YY yu 2 01 p 1" I 1 J m R ft Z »» I W W W 0 W U U < w U 1 Z 1 f 1 y U W y U UW CCwwwv "1 h W W woLL p L 1 WIRLI W 1 0 a. W Z Z W W W W> 000 U W 2 S LLJ M 6 01 > 1 •'I 1 p I W W til J FIM yyyyy maw J J UU 20 m \ K I owl J Z m LL J Q 1-1- LLL ix U MIA < LL I I U I L L W W L 1- Z Z wJJJJJ 1- 1 I W I 6 LL r•I Ww L Z "" <00000 L'ZZ ZN Y 1 1 W 1 W W 3 3 m W a= L 0 0 0 0 0 === Z W J J =a H I I m I y L• 6' ow y L' LL WLLLLL wow ti > LL yy u 1 i I of u 1 I I W 1 1 1 W U M I 1 1 > � • 1 I I < FI Z y O J IX ~ W -1 N L L W 1:J Z I 1 1 ILI 6' y J Z O M' 0 I 1 I L W tJ w W O W W S O I 1 I 6 W 2 F- l& W C O L J y Z H u 1 W I I W m 0 m M m m m L m 0 m Q m m 6 mmmmm 00 m m m m m O m m J m m vW 40 1 L I 1 m 0 0 0 •O WOO O O O O 4 0 0 00000 p 0 0 0 00 Z O woo W O O Q O 1 Q I I 00 O Y O y 0 0 Y O who 400 W O O O O O 000 Z O 40 J O O Z WOO O 1 Z I W I UN -IN < N co N N "N N NN Z N N N N N U N N N N < N W N N Z N N RAIN N Q 1 1 F 1 \ W\ m\ O\\ rl\ Y\ y\\ rI\\\\\ U\\\ m \ < \ Z\\ 0\\ > \ vI = I L• 1 < I ZN QO M ZNN LM WM L•00 000000 WPPP L•m ZP \AP VNN WN Z 1 O 1 p I ON S M CC Y N N O 1- W N N N 0 0 0 0 0 'IN N N 111, N Q O N NN W N N O 1 at I WN U\ J\ L•\\ 1-\ 1- m O N M w\\\\\ O \\\ m\ W\ < M N LL \\ y\ N O I Z I Z I ZN =0 QM <NN WM I-IM ONO wMMMMM ZNNN OM ZN QMN WINNwoo wM W I K 1 00 SO 60 LOO 60 6p 600 L00000 L000 L'O YO ZOO ZOO ZO tit >Irl u I RXI 1 v, In0 �I,l A00 mN PLO 011 v Pm M� P00 A� m 1 Yw I I m0 m0 m0 WdV m1n m, POO P00000 P000 Pit Pit PM 0 I U m I I MR MI MI Moo MI MI M 1 1 M I 1 1 1 1 Mill MI MI Moo MIR MR O Q 1 W£ I 1 Ae- AO AN AMM ADO AM AMM AUIVIIn AM AM IAMM AVIIII Al AA AM Alnvl AMMMMM AMMM AM AV IAMM AMM Am \J 2 I U Z 1 I MOH I 1 I N YI NN MMMMm MI'•I-� NN MM VItn uI a- MM MVI \M01 MNVI �f M d�f MUI d MS 1 1 1 I 1 I I I I I I I I I I I I 1 1 1 I I I I I I I OmQ l I 1 m�i m0 W, WOO and mN Wa , mNdd�1V mdlnM mN m0 CNN WIAMONN mN J I 1 I- I Cori 00 00 000 00 00 000 000000 O A AIA 00 O O O O O O A A O O p •• I Y W I Z I 00 00 00 000 00 00 000 O O O O O O O A A A 00 00 000 O A A 00 WSLL 1 uF- 1 m I NM NM NA NOO NA Nit NVIIn NAAAAA Nye-'- NM NO NAA N" NV C Q O I W< 1 0 1 \I \ 1 \ 1 \1 1 11 \1 III \ I I I I I \1 1 1 \1 11 \ 1 1 \ 1 1 \ I <W 1 Sp 1 U 1 Ma- In, Nt- Me's" 'Al 'Al In!•P In, N11 VIll o^r L m Y I u out NO NO No N C O NO NO "00 N O O O O O N O O O No NO N O O N O O NO W O 1- 1 1 < 1 V N \e- \e- \� \� e• e- \�? �} �} \a- \N \� e' {\yI�1I �1 �1 1+\�� ^]( L416u1 I 1 0 O 0 0 0 0 0 0 0 0 O O V.�JiV �i w m I 1 1 I 1 I I I 1 I 1 1 i 1 I 000 00000rr 000 00 00 00 00000000 NPnNaONONr.OrNOOO .ONMdODNNONN Nln 000 00 11 co . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. .. .. 000 Opt " Pit OONNNOMPOMrNPMOG OpnrrnPMN 00 rWO MN 00 NN MOM PNNNN PNMPODNrPO00rnMrNMOOW M.O .ONNr nr MMP NN dot .O .O N �0 .0 a00Nr.0 ODPMrnNrNnNdNAnrrO00N NN �iNr MM �fd . ... ............ . ..... .. r NNr MrMNrMNODrNMr N NNr00 •O .O •or rN NN N N rrr .O M mm MWO0 O0 Na0 e0 WO0 OON O0 OO OO aOW WOO a0 a0 WQ0 a0 OO OO OO OD w wo 0 w w 00 0000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 00 O O O 00 0000 O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 00 O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \\ \\\\ \\\\\\\\\\\\\\\\\\\\\\\ \ \\ \ \ \ P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P 00 0000 00000000 p00000000000000 O 00 O O O 11 M M M M M M M M M M M M M M M M M M M M M M M P O O .O.OV.00.OV V•O .O.O V.D .0 �0 .O .D •O .O •D V`O .O N 00 nrrrrnnrrnnrnrnnnrrnrnn N II ao ao Oo a0 c0 O0 WOoro roOO ao Oo O0rororoao a0 ao O0 ao O0 o v.r 00000000000000000000000 o ro N 00000000000000000000000 o MP z 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O M O O O .t �tNN 00000000000000000000000 O PP �T M W M r ref d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O N O O V V M M N N S S Z S S S S S S 2 2 S S S 2 2 S S 2 S S S S U O O •O i N rr Arrn yNNNNNNNNNNNNNNyNNNNN4IN Q �f �? N [O M r A n A A r n n A r A n n A A r n A r r n A A a a a a a a a a a a a a a a a a a a a a a 6 d d 6 6 d 6 6 d 6 d d d 6 d d d 6 6 d 6 d mmmmmm0]m Ol Olm 0]mm010]mmiL O]mm Z = Z Z Z Z Z Z Z ZZ Z Z= Z= Z= Z== Z z W Z Z 2 Z Z 2 2 2 Z 2 2 Z Z Z Z Z Z Z Z Z Z Z N L W W W W W W W W W W W W W W W W W W W W W W W Y N N r3333333333333333333333 COC �t P N Ad NYP N �tQ<Q<6<6<66QQ66«Q<6«< N r d O N U N J J J J J J J J J J J J J J J J J J J J J J N 6 N N 0 a fHHHF-F-F•f F-F-HrHFI-HHf l-M 1-L-z S o wf/1 f h d• u U V V V U U V U V U V V V V U V V V V V V< 06' W V w 6 0 0 0<< Q 6 Q<<< 6 6 6< Q « Q 4 Q K z < S N w 6'd'KCC 6•CC d'C 6'KKKOC 6'K 6'C6'OC d'U• W ZN N ww J K NNNNN Tf F-===ZZ==Z=Z=ZZ-Z=ZzF 1-= wY a 6 f < wm W W d d d d Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z V h E E o d N Q3 wm=zz Y-OOOOOOOOOOOOOOOOOOOOOOF ZW WO Y Z 3 N N L L L£ 6 V V V U u U V u u V V V U U V V U V U V U V 0 O L N 3 < W V W G w O N O C W nLLi !7 w U O Y 4 LL W < w O 1- Z O N Y K N y W J Z Y T Z > olt W W Z Z O Z t0 < O a V U U Z J OC O aom OO000 IOOp 0000O0O0W000 00000 00 0OOCOODODOOWOO r n0O0 =0 OO e0 W O O W O O O O W O O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 WO 1-00 3 0 Y O Z O 00 v0000 c00000000000000000000000 CO w00 00 F-YO v N N w N N N N = N N N N N N N N N N N N N N N N N N N N N N N w N C N N w N N w J N MOMOON M Vl\\\\ N\\\\\\\\\\\\\\\\\\\\\\\ N\ \\ \ V w O\ W.O .OMM COO COWWNa0W O0 OD 400)ODW OO OD E0 Op O0 O0W Na0 O0 .SVOO NV cP w N r WOO,, W0 W N N N N N N N N N N N N N N N N N N N N N N N Y r r - r WN Z r >\\\\ > \\\\\\\\\\\\\\\\\\\\\\\ >\ W\\ Z\ N\ W\ WNM W N = M M N N N N N N N N N N N N N N N N N N N N N N N N N w O M N Om ON 3 M C O O 0O0 0 0 0 W O O O O O QO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Or o 0 Z O O w O CC O 00 OON.O Prrrr OrMMdNMdPOMMMNAMMNNOrN.YO rM Nrr MO 4NM P V d P 0 0 0 0 O O O O O N O O r N O r O r O O O N N r n A M N 00 000 O d Om O d Mil Mille Y I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 41 Y 1 1 d l V 1 �I nMM nMMMli1 n.o.o.o,o.ow o• w.O.O .O.ON•O NM nrr AM r.0 NM A d d . .. . . . . . . . . . . . . . . . . . . . . . N.D N.O N N N N N NN N NNNN N N NN N N N N NN N r M N r N N NN d�iVV �t�t �t dot �i �t Vet �fN d.f �t Vet �t d�T V �fdV d �1 �t N v v I I i l l l I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I I I E000 WNNNN0000 OO .t .t �lVd�f �T lit dot K �1'dV�T �i �f .t �1'�t Nit 00 000 O00 O0 OOM 000 00000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 0 0 0 0 0 0 00 ON 0 0 000 00000 O O O O O O O O O O O O O O O O O O O O O O O O O O 000 00 00 O O NOO NY1.O N`O NYlN NY1N NNY11/I Y11nNNNNNNNNNUINN Nr NAM NO NN NM M 1 1 \ I 1 1 1 \ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 \ I \ 1 1 \ I \ 1 \ I Nrr Mrrrr Il OOOOOOOOOrrrrrrrrrrrrrr Nr Noo Nr No Nr N O O N 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NO N O O No N O NO \N N \r r r r \r r r r r r r r r .............. \r \r r Vll \r \r M M M M M M M M 0 0 0 0 0 0 0 qo 019 I I r 1 r I Z l O I YS 1 o I �,MMNOON 00 OD .OMAPOl` •IOOWNNOOON •OV mO 00 O I uo I O I O. �tNANNA 00 PP OO NIA DMDmNAVNNOOANdMMN 11 .OV 00 I w 1£ 1 . 1 2z 1 < 1 MMmOPONm 00 NN 00 NN 00 1u41 1 11 AA MM ml,0ON NdONP4,P-�� OD 00 0 I IZI owoomA M N�f ��- NN MM .D M,, N 00 Q 1 I K I 6 1 I r l ON...M 1 1 I O N M I I � 1 1 I 1 I I I I I I 1 1 W 1 1 I 0 1 1 1 u I I I I I m I Z I IWI m O m m O O m O O O m m m m m m O m O OO O O O m O O m O O O < 1 1 T 1 0000000 O O O O O 0000000000000000 O O 0 m 1 I\ 1 0000000 O O O O O 0000000000000000 O O O 1 I C I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N I I W 1 \\\\\\\ \ \ \ \ \ \\\\\\\\\\\\\\\\ \ \ \ I I d 1 P P P P P P P P P P P P P P P P P 0 P P P P P P P 0 P P P P P I 1 I 0 0 0 0 0 0 0 O O O O O 0000000000000000 O O O 1 1 I 1 I I I I 1 1 I 1 1 A 1 1 1 I 1 1 O I I 1 d I 1 1 I 1 I I 1 I 1 I I 1 I I 1 I 1 I I 1 I 1 I OmOOmOO Pm... I I I 0000000 1 I I NNmmNNOMN�Tdd�tPPN A I IWI 1 IVI 0: 0: 0: 0: 6'O: O: m m m M �1dMMd�i .OPVmmmmNNO N A O C WI 1 0 1 >>>>>>> N A M N N P P P P P P m P P P P P P P P 0 M V M < al 1> 1 Z Z Z 2 2 2 2 N N m q I w 01 1 Z 1 < Q Q 6 6 6 Q O N •O m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M O N T NI I H I�- \1 I I C N I I 1 Z NI I I < \I 1 1 S M I 1 1 u 0 1 1 1 0 Z 1 H 01 J K r 1 1 I W 1 h J 6 m 1 1 W < 01 1 1 N N N N N N Z H r } 01 I I u VN V V V U H Z m N I I I »»»W> r W \1 I 1 N N N N N N N N Z r W 2 m H N I it I I �f M W .p W M< Y N 1 I 1 �iJJJJJJJ rH �}J .DL �tU �} Om N NH u \I 1 Z 1 < Q< Q Q< Q P J Q V A> O A m Z W M I 0 1 0 1 Z Z Z Z Z Z Z Y N d > Z N > W W Z O I M1.1 IH1 0000000 u 6 1 O Z 1 W U I L 1 W 1 6 1 N N N N N N N 2 N W r W W W W W W W W W W W W W W W W W V 6 01 > 1 H 1 N N N N N U I H Q r .............. 1-. H N \ K I 1 I W W W W W W W W W IS J m J J J J J J J J J J J J J J H J J < W I 1u I W W d W Z Z L G H 6 d d d d d d 6 6 6 6 d d d d C d d J J 1 owl 0000000 H 6 H 6 6' £ d d 6 6 6 d 6 6 6 6 6 d 6 6 W 6 d W 6 1 I C 1 6 6 d 6 d d 6 1 I 1 U N W 1 1 1 1Zi W m 1 I 1 V < H } I 1 I 6 > O u Z O T I 1 1 0 K u z Z 1 1 I m O J N 4 r U• 1 I 1 m 2 d Y J < 1 I 1 Y Z < 6 C N W 1 I 1 W H L O O w > r 1 1 1 U K L v1 3 W O H 1 1 1 < W O J r Z Z m 1 I 1 > W U Q O7f W H S 1 1 I W Z Z Z N Z Q U 1 WI I WOOOOOOO HO wm HO Wm O JOOOOOOOOOOOOOOOm Hm 1,0 ZO 1 L 1 1 N 0 0 0 0 0 0 0 WO W 0 WO d 0 r 0 MOOOOOOOOOOOQ W O r 0 .0 1 < 1 I 0000000 Z O W O O H N O 0000000000000000 r 0 O 0 1 WIWI N N N N N N N w N Z N eD N d N N W N N N N N N N N N N N N N N N N N N ON w ry ON N 41 1 r 1 O\\\\\\\ \ O\ \ \ =\ W\\\\\\\\\\\\\\\\ \ S\ £\ N .1 1 < 1 ZNNNNNNNZIA 1A rM ZM ZA Yd HO QA Z I 0 I O 1 0, N O:r rO rN dOOOOOOO�OOOOO�-•�� Z� Jr• N 0 z 1 I I N\\\\\\\ < c\ Q\ H\ O\ Q\\\\\\\\\\\\\\\\ <\ Z\ N 0 1 I Z I O N N N NN N N < M M —N L N Wm ON r M M M M M M N M M M M M M M M M K M 0 M < M M 1V 1 Wiwi rc 0 0 0 0 0 0 0 N O H O H O N O N O m O O O O O O O O O O O O O O O O WO 00 r 0 H I > I r I J I I I u I d' 1 I •OAAAAOOO Am mN *IN ON �N mo,N....MM �4 NO W I Y W 1 1 00000... ON 00 00 N N I N O O N O O O O O O O O O O O O 'm M 11 O I U m l I V 1 1 1 1 1 1 1 41 � 1 V I � 1 41 d 1 I I I I I 1 I I 1 I 1 1 1 I I v 1 d 1 41 O <I WW I 1 ANNNNNNN AM A10 N• N• AM AM AN N r 1 S = 1 1 A M M M M M 4 M NM NIA A N NIA Am A N N N N N N N N N N N N N N N N A N A J A M \J Z I U Z I 1 ' NDH I 1 I NMNMine^M .t N ��MNMMMN�'-M��T t �1N M NNO 1 I I DDDDNN•O N N N M NM.0 �•O .0 .O �e-M �MNNN� N \MO I I ie 1 AAAANN� It It N M L 1 1 1 I I I 1 1 1 1 1 I 1 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I O m< 1 1 1 O O O O O M P o O N WO MIN O of WO O V C O N ...... M O O O O O MM 00 0 0 J I I r 1 O O O O O M1` 0 00 00 00 00 00 O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 O O w •• 1 Y W I Z 1 O O O O O A A O 00 00 00 00 00 00000000000000000 00 00 00 W£d 1 Ur I o 1 N 1 1 1 1 6 1 1 NN NO NM NA NO N 1 1 1 11 .0 •1 .OVNAIAN I I I NM NO Nl 4 Q 0 1 W< 1 0 1 \I 1 1 1 1 1 1 \ I IA \ I \ I \I \ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IA \ I \I Qd' 1 SG 1 U I N040O 000 NO Nm NO NO NN NOOOOOOOOOOCOO«O 1lNo NO NO d O T I u 1 u I N O �i O .t O O O N O N NO NO No N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O N O NO d•6H 1 I 1 M M M M M M M M M4 M 0 6 6 V I I 1 0 0 0 0 0 0 0 0 O O Ia1 I I 101 16 I 0 1 I 1 I 1 I I 1 1 1 1 1 1 1 1 1 1 1 I I I I NP 00 00 .pNmM��m 00 AA AA 00 00 00 POP �� •Om�OM MVNM roo 00 00 MM 00 00 00 •D ul� VV PM•DOO . . . . .. .. . . . . . . . .. .. .. .. .. .. . . . .. . . . . . V,OVro VV 00 VN•OPNO•P 00 NN MO MN NN 00 I^,V NVVOl . NAM mm MM WMWPM� VV Inln 00 00 Inln Inn VNN 00 V. ONM MN N In MNM,N V V NN 44 AA MIMInM N N m m N N A room m m mmmmmm m m m w w W wo m mmmm 000 O 0 000000 O O O O O O 00 0 0000 000 O O 000000 O O O O O 0 00 O 0000 NNN N N NNNNNN N N N N N N NN N NNNN \\\ \ \ \\\\\\ \ \ \ \ \ \ \\ \ \\\\ PPP P P PPPPPP P P P P P P PP P PPPP 000 0 0 000000 0 0 0 0- o 0 00 0 0000 u u m I on m O N N MM ONN K N DOW, W N M 0 O, O N N1 N N O >> 0 0NN 0 0 m� M O VOowwP N N N A 00 0000 NOV O POOmmm V I N O m .-IN PPP MMP O N POOP M m N N mK - N I I l I I NNM M M POOPPP O O W A M >> O wwww M M M M O N 0 ro W V N >> I N N N N N W 6 X X O W m N f m J p S M J J 2T= W W O < N J N £ 1 S Y Q W W w w Y m w m U LL J N u M< O A P NT PS O O MO N PNNw NW Pa M N PW M\ D Pu MJJ N M. Muu p V W W O V A N w A< V N N> P> J<< A V<< 2 M ww> C H u Mu a-K O N N HT NJJ 4 J J Z O w > I W I Z Z W W N> W W O MM U w 1'OLzu »h w W w K w J > Q w £U Mo. a OC I W'NNNNN H J U N C M WW ffQ N U W w H 1- w w J Z Z U J UUW N w FWU•wZ OW 2 W Z 00 W «f8W OOK 2 W <www. -I w u0 0= W < O < OO JJ(;!W W W U w K Z NNNN N U ow > W u N £ L W 6 W p W cD OC 6 N 0 } O 6 IW-I U Y J S W W S p w > N N U W W' w W Z N H U N "J' C W w W < 2 W N Z T O w p J H N w 6 O N U Z N < W U w N w w < N u W O H O O 6 W K J w w w N 1- N N U m m W L m S m C m m m m W m o > w S W }w ow Y w O w m < m N o w w w Z 0 0 0 00 1-0 < 0 0 0 0 0 0 W O O WO W O O N O W O O 00 40000 w 000 2 0 00 m 0 0 0 0 0 0 F O 1-0 40 J O W O O W o 0 O 0000 N N N f N MN N NNNN N < N ON W N J N am TN a N N W N W NNN N O\\\ \ m\ Z\\\\\\ F\ W\ 15<\ O \ Z\ \\ O\ O\\\\ UNVO <ro 0-OVVAAA NV ON A >P uV 0, ON, 6P <•DAPP 000, Z, JN N...000 1 to ZO N 0 WNM J, HOONN N\\\ W \ J\ W\\\\\\ w\ w\ w\ W\ < \ C \ p\\ J \ Z\\\\ W M M M O M O M O M M M M M M K M = M MM S N QM W M w N � "M w M M N N f O o o J O 1-0 1-000000 H O 1-0 1-0 f O > O > O > 0 0 > O > 0 0 0 0 AM m0 PN.O.O v OV NO MA Vm , . mm AV wmmmN ,000 V O N V V V V V No NO N V NO N N No N O O N M N O OIn Mf V 1 1 1 V I 41 V 1 1 1 1 1 1 V I V I V I V I V I 41 V 1 1 41 V 1 1 1 1 AIn InN AM N, A•D.Oa0� AV AN AM AN AM AV !,Oa AM A� AVVV AM AO ANN NNNN AM AV AV AM AM AN ANIn AV ANNNN N N N N N M M M M MM N N r N N N N M M N N N N N V M V V V V V V N N N V V V V V N V V V V 1 1 I I I 1 1 1 I 1 1 I I I I 1 1 1 1 1 1 1 1 1 m N N N m N m o m M M M M M M In m N MO WV ON m 0 m N N WO 04V N N O N N N 00 00 0000000 ON ON 00 co 00 00 000 00 00000 O A A A 00 00 0000000 ON ON 00 00 00 00 000 00 00000 N... NM N N N A A A A A A N, N, No N, NIA NM N M M NO N A A M M \11 1 11 \I \1 1 1 1 1 1 \I \1 \I \1 \1 \1 \1 1 \I \I I I 1 lord- IA,NO Ina- N�111111O00000 Ina- No NO NO NO No NOO No NOOOO N O O O N O N O N 0 0 0 0 0 0 N O N O NO NO NO No N O O No N O O O O \mot d .t \r- \� \r- � � � � a- \V \O vn \r \� \a- \� � �In \.-.• c- �- M M M M M M M M M M M M M O O O O O O O O O O O O O 021 M I I f 1 � O I YZ I O I OOOMOr• O O O O 00 M O I u 0 1 0 1 0 0 0 M OHO N N 0 0 M M 0 0 M I W O I L I 0,o t1M rr oo v•* �o �o 1 xL 1 a 1 11 n W I u Q l 1 N N N O n n 0 0 M M O O 1 1 2 I •OMA O�DN •tV �� NN V I I I P I 1 ` I 1 1 1 1 I W 1 1 I 0 1 O I I 1 u1 1 1 Ul O I Z I I W I WWWWW00 W 00 0D W < 1 1} 1 0 0 0 0 0 0 O O O O m 1 1\ 1 0 0 0 0 0 0 O O O O 1 I C I N N N N N N N N N N 1 1 W 1 \\\\\\ \ \ \ \K 1 I a I P P P P P P P P P P 1 I I O O O O O O O O O O J I I I Q 0 O I 1 1 I 1 I I W I I O I 1J I 1 6 1 Z I I 1 Q 1 1 1 w 1 I I } I I I I I 1 1 1 1 1 N N N W O I I Z I wNr0 .l rlw M �O N W } Ni 1 �"11 yyyyyy O O O N \1 1 I c N I Z NI < \I I I Y M 1 u O 01 O O 1 J 01 u } K F I Z W I Z IA W 1 a0 1 1 O Z L 01 I I M M K } Y 01 1 I W W W W FLr+ 6 y 00 NI I I W W 6< 6 o U \ I I 1 I:J u OC > y N 1 iG I I 1- }1- H MNW PW •}y O MN Y NI 1 I KCK M> M NW NW V \I I Z 11-FWKZ �-O NO ML AZ W M 1 MZ Mw O S 01 c I w I W W_ Q J O J �•1 W 2 1 O 1 \ C 1 1 = I« Q Q10 Z 2 W J Q W I IV I JJOJ R'M I l y l 11Z6mEC W Q 0] I 1 W 1 W W N W�• 1W Z CC O I I G 10C 6'90=J- I I 1 1 I 1 I I 1 I I I I 1 I 1 1 I 1 1 I I I y 1 1 I O I I I O I 1 1 G I 1 1 x 1 I I V 1 I I 1 N < I W 1 1 000D C00D0D0D 00 30D 1 L I 1000000 <0 o O o 1 < I 1000000 3 0 O W W O 0 I Z I W I N N N N N N N Z N £ N ON N 1 1- 1 J I 1 I u 1 C 1 I NNOd PO OA tee- NN 00 I Y W I 1 0 0 A O P P NO no no MN O ` IUMI 1 1 1 1 1 1 1 • I `t I `t l `t I O < 1 W£ 1 1 ,0. M• 00 n0 AN n� ne- N H 1 2 M 1 I N N d M m m NO n m A N n v \J Z i u Z I N N G I 1 1 N N N N N N N M M \m O I 1 0; I `t •t O `1 V d M `t `t d M£ 1 1 1 1 1 1 1 1 1 I I I I O 00< 1 1 I T 0D0 CON 00MIN J I I h 1 a0 o0 a0 o0 o 0 0 00 00 00 0 00 o •• I Y w I Z 1 0 0 0 0 0 0 00 00 00 00 WLW 1 u1- 1 01 M101101 MIMM N l Nn Nn N`f << O I W< 1 0 1 1 1 1 1116111 \ 1 \ I \1 \1 <0 1 x0 I u I rr•r 000 NO NO NO NO W o Y l u I u l 0 0 0 0 0 0 N O N O N O N O W O -I 6I I I IT, M m m M 1Mw I 1 I 0 0 0 0 A 022 N a 6 N .1 I I I I 1 1 Y I Z I W I �tP M �fA ADO s-O M N�W� O O O N N 00 O O O PPP A O N�- d '-uf �ONA�t A MANNOM O O 0 AD D Nn O O O wow �o 'G e-P O WMMNWN O dWPINO , O O M In PW W M NMM�t M W.00MMW 0 O N N NNN W 00 O ND N e" N NPNN�t �f �O In N N N N M N N a-�O- M MN W r w N W W FI tl it X 'la is is �I is it it W W is Y J r r J G'L J J J J J J J rr J Iyu o S u 0 O O 0 0 0 0 \\ O M r N(J1 r h r N r r N r r NN r J W 1 1 Y W 00 6 0 001 1 1 W 0 0 0 U 0 J J 0 � 0= 0 I"I ^'I 0 a O V d' V u U O O O W O 00 O c O O O p O z >Q» > z c c x z xx C z z a< c N NSNN > JJJJJJ Z Z V 00 Z 6 JJJ am Z \ W Y U6' W Q66000 W W 1 W UU W H W MM.. > =a=HN ' NJ > } Y}>W > wwa > > N > JJ > S > Wa rWrrNN 00 W Q< N 0WW 000 I+ u w M O0O O `I c 000 M N J0: O:w LL'LL'LL rrlrrrr r J pp W rrr JJ a w »M=,=w .wwww. Z e- 00 W ww.-I oo. 0.r uCUu« 2ZZZ2Z Q 6 OO £ ZZZ 66 n< W W W W J J 6 4 6< Q 6 a J J W < 6 Q >> NE NNNNaQ »'»» 0 N 10m £ MN OONNOO Nul hlnNN M Inlnln M 'M OO 1 1 1 1 1 1 1 1 I I 1 1 1 1 I 1 I I 1 1 1 1 1 1 NNNNNN O M `G `D M NNN MM MIA W In MM N Vd�t NN NM In In NInrN NNV1rNM In a� NN O Ih In In NN I �t �I �II II I 1 1 1 1 1 1 1 1 I I I I I I I I I M 0000Wul OOOOtAO IAd N NNN `O`O 00 0 0 0 0 0 0 O O O O O O O O IO W O 0 0 0 N 0 00 0 0 0 0 0 0 0 0 0 0 0 0 O O 00 O 000 00 MA MMMMNN MMMMUTA M d InM b MMM Nh It IIIIII 00 000000 000000 0 0 00 0 000 00 WOO WWWWWW OWWWWWW W W WW W WWW Mat 00 00 0 000 V O O O O O O O O 00 O 000 00 00 000000 000000 O O 00 O 000 00 N N N N N N N N W N N N N N N N N N N Z N N N N •N N \\ \\\\\\ u\\\\\\ \ \ u\\ O \ \\\ U\\ InW NIf11n In InN ZIn IAIn NIAN N In ZNN .'I 1n NIn In In ZVnW N N N N N N N N < N N N N N N N N w N N r N W N N N I -IN N \\ \\\\\\ Z \\\\\\ \ \ \\ I< -I M - M M M �M M M M M M M M M M W M M M M M M am M N M M 00 000000 1-000000 WO O WOO VC,>000 NOO N O a Z 00 W O O O 0 0 0 . 0 0 0 O 0 0 < O 0 w o o .0 W 0 0 0 000 00 Iu000000 <000000 wO O ZOO 40 0000 -00 W E s a u N 0 u N o u c z . z O > W z N M LL Z a y p O Z Z .'I J W J W Z Z N r as < £ =MN rOOWWOW mwwww w <M A OON JO WWW 000 O QdM Md�1 V1 Y1`OV min In NYllnN Ham? M WNV1N U`O W S A A m A A A A A A A A A A A A UN A A A A c A A A A A c p 0 0 M 0 0 0 0 0 0 p O O O O O O 00 O Z O O Z O "000 Z O O .+ w o o V O O O O O O W O O O O O O N o O 400 < O w o 0 0 000 > Q00 W000000 u000000 NO O VOO vO LLOOo �Oa O\ 2 N Z < W w K 0: W . I < N WN W p p W r > r W V p p J J £ E O L W W W Z < 6 < 6 < < < 6 M 6 0 0 0 4 < O MN W 000 A `OPO O I I I N y I ,Aww4In A `O P 1 dvN�o N �f ONE WMWWww P MW In P �0� Q- tnO POO �T 0N" OPWPPPP P000000 O NP OWN MP M,,Nn MIAIA ON" OOoOQOP NPPPPPP 0, A OWN ON QO,N MIAIA d OMK 0000000 OWWWWWW O� OM OHO ON ON�N OHOo O OOQ OWMWWWW 0...... OM ON OIAIA OHO OAAA 000 0 O��r•r•�� 00 Or ONIn 00 OJJJ O I 0 023 mO N I 1 I O 1 I W 1 I m 1 I Mz I 0 1 W 1 0 . I 1 O I O I L I QI Q I 6 1 HZ 1 ILL< I I W 2 1 I 1 I 1 1 I I I I 1 I I 1 1 1 O O O O N N O O 000000 O O O O N 00 0 N OOMM .• IA I Y 1 O O O O A A NNNNNN O A A N N OMA 00 O N N I of I 1 WZI 'N d d N N N N OONOAN N A A P P N NN O N N N 1 201 N N M M A mm�-� A dt-t-1l M A A P AA N N N I u01 N N ONM P�ON P M M Op W 10 N 1 L 1 1 6 1 NNMNa-N O 1 1 N I I I � I I O I I O I 1 N 1 1 \ 1 1 N 1 1 N 1 1 \ I 1 M 1 1 O I I I I I I W I 1 H I 1 < 1 1 O I 1 H it F- it M it i[ it K it it it 1 Z 2 y I 1 W J W J J J J J Z J J J J z < O Q 6 Q Q W I I T 0 T 0 0 Z 0 0 Z 0 1- M 0 0 0 2 I I < O Q O O W O O W O H O O O O N I 1 OC OC T W J JJJJ 0 W C 0 4 2 0 f 0 J 0 4444 2 0 0 J I Z I > O > O N 0 > O O Q O < O ZZZ= O O O W 1 of O O O o W O c o m z 0 c ZZZS O O O JO 1 HI Z Z `1 Z 0 Z ummuuv Z 6 Z N z WWWW Z Z S <O I 1-1 J W J W J W O W wwwwww W W Z W OC OL OC OC W W W >N I L61 I > I > 6 > u > WWWWW_W > z > M > __ > =Z > V1 > O\ I I-W W.1 1 1 6 U 1 W M'N 1 F-u 1 O z > > UUUUUU N 00000 MN 1 Hu 1 2 Z N 1- J o 0000 Zz J 1\ 1 N I > > H ZZZZZZ J Z LLLLLLLL 1-1M LL QM 1 W I LL u N 446666 O I D I W W O S JJJJJJ 3 J ZZZS OC C. W I 1 OC N. W w 611661 C m »�J 'J HF• N 00 •• I I 1-LL 1 M•O 1 1 O O M dddddd d N 000 0M r1 I 1 O O O d MMMMMM O O 0000 000 A GN 1 1 1 1 I I 1 1 1 I I I 1 1 IIII If 1 Z 6 1 1 O O N M M MMMM M d d d d d 11 M w 1 1 O N d M MMMMMM M A dddV NN d mM m W I 1 N N N N MMMMMM N � MMMM 1 I M M N d dddddd d N dddd dd d 1 1 1 I I I 1 1 1 1 I I 1 I 11 1 1 1 1 I I f 1 O O N N N NNNN N d O M M d d M M M 1 Z 1 O O N O 000000 O O 0000 00 0 1 Doi O O A O 000000 O O 0000 00 O I O Z I N M A A A A A A N O A A A A NN A I u I 1 I I I I I I I I I I 1 fill 11 1 1 y I I < I O O O O 000000 O O 0000 00 O 1 1 y W I W I O 00 00 a0 Z 00 00 00 00 00 00 00 a0 00 00 00 00 ucow 00 1 I O O O O M O O O O O O O 0 0000 ZOO 0 I owl O O O O 000000 0 O 0000 < 0 0 O I \f 1 N N N N NNNNNN W UN N NNNN OONN N 1 y < 1 \ \ \ \ 6\\\\\\ >\ \ \\\\ 7\\ \ 1 u L] I N N N N - N N N N N N N N N N N N N N N N N 1 W 1 N N N N - NNNNNN N N N N N N Z N N H N 1 2 I \ \ \ \ w\\\\\\ \ \ \\\\ M \\ Z\ 1 u 1 M M M M M M M M M M =M M M M M M M M W M 1 1 O O O O L000000 .0 O OOOO HOO LO -1W I Z 1 O O O O < 000000 y 0 O W 0 0 0 0 w W O O y 0 101 I O O O O 2000000 TO •O u0000 000 O V 6 1 I W -1 1- uU O z [] N �•1 I 1 U -1W Z > > d Z Q Z I I N -10 w O[ N W 1- -1Q C P 1 .01 > Z W < of 1 Z I OC T G eL N Z Q M . W 1 1 W 2 W W N lJ Z' N 1 6 1 W Z L O O to J 0 > I I > < F H M L' 'l 1 W Q I ZwZ 1 OHO O IA 000 WIA W- 10�� <N 0P ONANA NN N C u 1 LWZ 1 ON ON 1:JN WN o0d�0NNNN QN ON LLMNMN -NN<MM QN 00 1 <Z 1 GA ON A e:0 >000000 3A ON =0000 zoo wA W O 41 ZU 1 >0 O TO O >000000 O JO Z0000 ZOO ZO J O 41 O 1 >0 'O OO zO OOOOOO u0 LLO =0000 0000 000 r•I N H I O 1 \O Y O m 0 Z O 0 0 0 0 0 0 0 w 0 O 0000 000 00 Z \JZ Io> I O W W < H U H LL LL < mPw 1 O 1 w Y F• C W W NMO I Z 1 C wN 0 OC aL G J J L m II 0 w W WO 0 O M ON Q < Q < m1> 1 Q m t0 0 00 00 fO N U U u U u 0041 1 J I 1 A c w•• 1 W 1 0p d M WLLLIOu 1 d m N, N= N Nd 00 P •O MHO CO <W 1 Z0 1 dO M00 N, AO AMP000'AdN N 6 K I O O I O O A, No M W N N N N O N F- A P O N A N A 00 N O w ol- 1 G>Z I ON 0, ON OM.lz MOONNNNN MJ MA OPNPN OMd dP d ^ Ww" 1 Zz I ON om ON O< OI,WWW` W 01 OM OMPMP Odd OM O 024 MO vl Ww 1 OM OM 00 OQ OA0000000000 Od 01 0OIA�0000 OPP OO O aLLu I > 1 00 00 00 O> OPPPPPP Od 01•n 00000 Odd 0 .. i. 0 M I I p I I W I 1 I z I VwIZ 1 WOI 1OI I I Z 1 01 Q 1 1 Y Z z I I LL Q I I w Z I I 1 1 1 I 1 I I I I 1 1 I `O �O N�tAA�O •O O O 00 O it P O O O O �T �t O O O I I Y I �T �t rONPA V d 00 O NAPIo O O O O O �O �O O O O I u F I W21 A A rNNAN N ON N I N M M 1 I S0 I N N d.tONM N IG wr P NS IPON P N N m M O O O r r I u0 I A A •OrMMr M M M Nr M •Or rP 10 O I 1 i 0 Z H O a IL' W J J a H J J J W -1J J N 4 Q ¢ 6 H T Q W Q £ Q < < W O Z Z U Y Y H C 0 0 0 W W 0 Z O IL 0 0 O F- W W W W W 1-0 N H ££ F- 0 Q 1- 6 Y f Z Y V. O 0 w O Z Y Y F W Z IY W d' 1'C.www cm 6' 6< 6' M U W 6' W K w M 6 0 Z O QQ4QQ O O 66 O zw. 1-0 > O 0 0 Z a 25222 p H p p OWO 2 a O a a w M Z uuuUV Z I 2 ww Z LM> M Z Z Z W Z p W W z W 00 W 1 JZ 6 W J W W 3 W 1 > HF•F�YH > O > MY'• > N6MNL > m > N > N > W UVUUV �-I UU WL W 1 w Y a Q«QQ N » 1.1Wf FIZ J W p yp•, pl y, p[ p.• MIX JN wJU z H IL p 6 h J 1 W -1L =ZZ= U w N N 6 U W 6 M LL 6 0' 6 00000 X ZZ 00d'03 M QI uUUUu W �-I n'1 fI1WUNN d' NMM O O r O O O N r O M 1 I 1 O I I 1 1 1 MMMMM I �O I I MM IIIII `tN N`OM 1 O �O �t •r N N N N N r r r N N N N r M y1 Ih NN MNNrr N M `t `t �t d'�t .tdd d Ltd dNNNN I I M 1 1 1 1 1 N N N N N I M I I Kim I I 1 1 1 N N N O O I I O O 00000 O 00 O N N O O O O O 0 0 0 0 0 O O O O A A O O O a N A M M A r r 0 0 r 1 I I I 1 1 I I I I I I N N 1 1 r r r r r O 00 00000 O O O O r 0 0 0 0 0 rrrrr r rr r.tdNN r '• r 1 1 1 W I w 1 O I O I p W l O 1 YQ I \ 1 V p I N I W I N I Z 1 \ 1 V I M 1 I O I z 1 0 1 w 1 1-O O 41 Z Z I 1 K P I • O I O a r 1 OZ I < LL 1 I F w M I 1 I N J I 1 W a 1 WIr01 KP VIMILIZI N w I Q 2 1 W A O `1 ZV 1 JO O < 1 o I O N T I O> 1 =O \J Z I O> I Q N I C 6 N M= 1 Z 1 L \NI 0 1 W 1 Q M L 1 > 1 U 004 1 1 O J I I J w • • 1 W I W£ I O U I w 4 0 l Z w I NO < arc 1 00l o LL O T 1 p> Z 1 V Y W O H I Z Z I O H MICM ,L6 V I> I O u wwwww w ww wwwww w w w O w W O w O 0,0000 O 00 00000 O O O O 1-0 O 00000 O 00 00000 O N N W N N N N N N N N N N \\ N N N N N \\\\\ N \ \ \ 0 \\\\\ N N N N N \ N N N N N N N N N N N N N N N N N N N N N N N N \\ N N N N N \\\\\ N \ N \ \ \ \ \\\\\ M M M M M \ M M M M M M M M M M M C M M O 00000 O 00 00000 O O O WO 00000 O 00 00000 O 0 O O NO O O 0 O O O O O O 00 00000 O O £ u Q w z z W Y J L M W W N F 1 J 2 O O Q w W H < N PPP P MN O w w L N N N N O ON w �O W N WM > M w O MNNNN A AAA A r11, J A JNN J 0 ZM�O `O Mgt M `o A 6 A Q A A IY 00000 O 0 00 W O O 0 0 0 NO O wo NO JO JO =O p0 w 00000 LLO >00000 >OOOOO wO Ww O O O 0 0 W O ? 00000 » O 10O W 0 0000000 LL z = Z p N L W Q u M 6 O a K N 3 6 . w a LL L u u a u < u u y V y u u N VNN�O �t A M M A I 1 NMOPMP d N MA N N `* Mw w 0 O O AN•D SON Mw NCO �IANNit P 00 A O O ON O OW w Nw IQ N r MN IQ IQ N O M M M M O NAAAA OA Oww OF, MO ON O O OMO Or 000 OOOumO Or 0, 00 O, ON 00 00A O 025 01I OM OMM 0... . J I 1 I 0 i 1 W I I N Z 1 O I W I Z.O I O IOIEI 6 I O Q I d 1rz I ILL< 1 1 W S I 1 1 1 1 I I 1 I 1 I I 1 I I 1 1 O O O O O O O O N N POD A 00 O O�tM A <WMP < P P 1 Y 1 O O O O O O O O Pit mot' 00 O NAM W NW<N O . N WN I u r I I WZI < O O O O O O M M« M O<OdV N PMNA V < OM 1 x0I M M N N M M O 0 M M N M OP P V<A M NNV P P �tM 1 VOI N N<< P P f �f A A PW A NW M MHO .O V NNMV M « I Q I M M I I < < N N 1 I O 1 O I I N 1 1 \ I 1 N I I N I I \ I 1 O I I I I y I I to w 1 1 > r u r J 0 W W W W r r N N S 1 1 W O �+ O O O\ O NN O Ur O < O rrrr O O 00 ru I 1 L r > r r r r r r ZZ r x r ZZZZ r r rr cN- ZZ O£ h1'-I FEE .I OO r1 I I 6 K W C r ae EEC 0 0 EEC V Y w Y m Q<<< w x 2 J I Z I IL0 "'-1 O N O Z O O O .. O d O NrN O ££LS O I O 66 CO 1 01 In o 0 O N 0 1"• r o = 1 0 W M W G JO 1 "1 w Z J Z O z Z W Z« Z W1 z rIU M1 z WWWW Z< Z ZZ QO I r l O W < W V W r W W W rr W rX W J 1 J W JJJJ W LL w 00 > N 1 £ O. 1 r > > > Z > LL > ..I w > J W > LL W L > u V V V > W > O\ 1 W., U d' U £ VU W LW6 YY}Y DI }r =C 1 rw 1 O O w SE OnIO 1.1 U 1..1U \ W W LN I Hu 1 d' r LL W d ZZ N� NJN OC 1'K S' r W 6 0000 N 6d 6 M I W I N Z Q < N L L ow U S V r r r r N N 00 » O=o 0000 < .zw WO O 1 M r < 6 <6 mE WNW S S w •• I OLL I < rO 1 1 M N N d PP O< 0000 M I I I I I I O W O 0 0 0 N N N N •O 00 ON I I 1 I i I I 1 1 1 1 I I I I I I I 1 11 Z6 I I M O N MMMM M NN W I 1 M M M M M M M Apt dot N' � `t d `t d MM X I I < IN M N <<<< W I I N N M N MN `D N NN NNN N MM I I V 1 I I 1 I I 1I r2 II N 0 0 1 I I 0000 000 O O O 0 O 00 00 NNN 0000I Ni 0I 0I I 00 O 0 O O 0 00 OA AAA 0000 O 00 1 0z1 M o n N o NN o< « 0000 N AA 1 U I I I 1 I 1 1 1 IO` I I I I I I I I I I N Q 1 p O O M 00 No 000 0000 O 00 1 1 < N < < N « Nd I I < I I r I 1ww 1 W I W mw W N W WEED NN NNN WNNN W I = I O < O O O O 00 00 O O O 0000 O 00 1 n.1 O 00 0 0 O 00 00 000 O O O O O 00 I \r I N W N N N N N N •N N N N N N N N N N N N 1 V O I N S N N J N N N N N N N N N N N N N N } N N N I W I N N N JN N NN x 1 \ Wm \ I u I M M zM M M M =M 0 M M M M M M M d M M M 1 I O W O O z 0 O 00 Z O O o 0 0 0 0 0000 MO 00 I Z I 0 00 O W O O 00 "00 = 0 0 0 0000 N O 00 I m 1 O J O V O J O O O O u 0 0 1,1000 < 0000 N O 00 •D E V w w r O <I WWOI �O .0 �-IN WN N rPN OP 000 0000 ZP rMM U I LWZ I ON EECv JM Z`O M WN•O OdN 0444 r444v ON O�td W 1< 2 I A A Z A W A A Y A N w A N m A N N - NNN A ON S A A O EEC O On = O u O 0 U,00 w 0 0 m 0 0 0 0 0 0 0 0 ILL O u o 0 O 6 1 1 W O W O O 00 0 .n O O C O O 000 0000 O 00 N r I W 0 I r 0 J o N O O O r 0 o N 00 � 0 0 0 � O O o O I- O � 0 0 \J Z 1 0> I < r W W W W N m= > W NM I Z 1 E 0 O Ix < r > N N N w \M O I W 1 O O O ee > 6 6 W W W W 0 M E 1> I U u V u U O 0 0 0 0 O N Z1 OBI NOD OV 0, ON MIANOW,ONM N N OYI w NN•GdO P ONN w O r I Z Z 1 O m O N O o O< O< O N< O N< O P P W O W O N1 Om OQ(� N N 2//� 66V1>~ 1 O> ON OW ON 00 ONN ONO 0000 O�tVMM 00 6��' Q(�6 1 I W I 1 1 1 I I I H I Z 1 1 O O 1 1 O Z 1 I u 1 I 6 1 I 1 I 1 I I I I W I 1 1 I owl I \f 1 I Y Q I I u O i I w I 1 x 1 I u 1 1 1 I Y I I Z I W 1 10 41 i N N I I Z I 1 P Z I •O 1 � O I O Z I 1 1 W r•I I 6 I J I I 41 W W O I 00 u I L W Z l I Q x I O �1 Zu I O Q I O I N I W 0 I \Jz 1 O> 1 NI G I N M= I Z I O 1 W M= I > 0 0 Q 1 J 1 I •• 1 W I wLLLI OU 1 WQO I Z. 1 Q W 1 00 1 d U• } 1 0> Z I W O. I Z Z I W W M I W N 1 6 du 1> I N I,NtOWWM` N O O O O M M 00 O O O O O 0 0 O O O O 0 NNOPmo. i 00 a- O O N N NO l^ O O A A O O O O 0 O d �WNONOM P W W O O PN d M M M M O O N N M M A OOWN�W O N N O 0 W 00 lAN 00 O O N N N N O O O O N N N N N!• a- V d Z J J J F J J H J W J J J J J 0 0 0 W Z O 4 O W O H 1- F- U F- H L Z H d H £ 1•• i. f W } y } 0 0 0 Z 0 0 4 0 M 0 N 0 x 0 p O O 1-1 O 6 O d h O > O 6 O O O �+ O d O Z W O W > > N > I > N > F Z > W > > > 4 > J > £ 6 W 4J W I u LL F d W W 1••1 J W N L O p -1 OLW z N N N N N N N N M LL 6 N Z LL N d 1•'1 W p pppppCC Z W O ZQ W Z W O d Q QQQQQQ6 � d' N �-1C 6' M C N 6 00000000 O O O d 0 O I l 1 1 1 1 1 1 I I 1 I I 1 I 1 1 I N NNNN NIIIN �l M MHO O M O `D IN of In In Nln In Nln O O N MN O • �MMMM �D �'• a-� � � W M a-�O D •OV N N M NN N N N M I i l l l i l l 1 I I 1 1 1 I 1 1 I NN O N O 0000 000000 O O 0 00 O 0 O 00000000 O O O 00 O O O O O N NN NCO VD �O N N A MMa- I 00 O O O O O O 000O O O O O 00 O O � W W W W W W W W W W W ow W W W W W 00000000 O O O 00 O O O O O 00000000 O O O 00 O O O O O NNNNNNNN N N N NN N N N N N \\\\\\\\ \ \ \ \\ \ \ \ \ \ NNNNNNNN N N N NN 1(1 U1 N N NNNNNNNN N N N NN NI N N N N N \\\\\\\\ \ \ \ \\ \ \ \ \ \ O M M M M M M M M M M M M M M M M am M u 00000000 O O }O 00 O O O NO O 000000000 O 0 Z O 00 0 o 0 1-0 O Z O O o 0 0 0 0 0 O O 40 00 .0 O O U O 0 tr1 d G x LO M O N d W M W u W 6 Q J Z 0 Q N J S d M M M M M M M M P W P d P W•O P J O H d Y A F N N 0 6 6t QN um =NNNNNNNN uA A xA AA QA WZA S O LEOD O 000000000 WO '0 UO 00 MA 00000000 6 0 0 0 .0 000 } O 10 O Z O 0 1- 1-00000000 1-0 z o W O Q O O W o L O '0 00 O W W W O W J W 6 M W O w L F W 4 S > £ N N y Ov > •J' Z Z 6 W W W N W W G C C C G Cd C C W P P P P P P P P \ M M M M M M M M N P W M M M M M M M M N W M ��-.�'•i-� .p OP A W I A PN P MO A �.idd� N VN rN NNW NW W= NW 0 � l O N........ OV AO J 000 MO MO O �O WP O O M M M M M M M M �N NN Owl 0' 0 M M 0. .T N M M, O 000000000 OP 00 O, O O N 0, O W 0, 01 0, O 000000000 0, O-1 O.O O M o 00 O> 00 0 o O� u v A O o 027 1 I t I I I I 1 F I I Z I I OO1 1 ozl 1 u 1 I 6 I I 1 1 1 1 1 I 1 W I I � I 1 C W I 1 4 U1 1 I uGl I W I 1 S i 1 u I I I Y I 1 Z 1 1 W 1 N wI I Z I 1 P I • O I 0 < 0 1 OZI LL I • I W w l 6 I J 1 1 Q I W C O I Wu1Ewz1 Q S I O �I Zu 1 O Q 1 a I N F 1 NO I \J Z I O > I N P w l 0 1 N M 0 1 2 �r O I W 1 M £ 1 > 1 0041 1 J I 1 O •• I W 1 W S LL I O U I 4QO I Zw 1 Q d I 00: d } I G> Z Wo} I Z Z 1 wu I W w I 6dI > 1 O O W< P N N O O P P O O 00 O O O 00 O NNN O O MW < d d O O 0 W •O � 00 O 1 < 00 O N04 N N NO •O O O O O W W W W OO O N `D 00 O �w N • 00� h A NM WN O M<�< M MPh PO P N N < < h A PM M <M M W M<N NM h M 1!1 NN M d V « N M Ifl e�- y N ,K is H W i1 K H it K % it R it it Z V Z J Ww J J W J J J J l- J J JJJJ J 6 E> < 4 £ Q Q Q < 2 Q 6 6000 6 IY 0 W W. 1-• 0 Y 0 0 0 0 F E H wwww r w >W O Q O} O IY 6'K O: O Q N 1- ow 1• 1- 6 F- In 1• F W iX 0 d1 0 J 0 W 0 W 1 VV HF-ff W w d 0 d' J £X Q > -10 0 O X O Ny O £ELL c UZZ z d w W O £ O O 0 d G O O W C 0 6 Z Z Z d Z Z_ Z ZZZZ Z \ww W WJ W f W J W -J W W W J W 00 W NNNN W 6Q6 N > 6J > 2 > 6 > y > J > > J > ww > wwww > ££ 4 4 O I 6 Q N H F H H H }\\ J ux w C W w P< S UU 000 KIY eC Q w Z Z W C Nit WW 010Qww F p} 6' -J LL W RR } dd w.M. W.QQ 2 ZF W LL LL ~ww W Qw > W O 6 YY w ZZ d'd'd'd JKe: C JV O K u E ff u ww wwww M hh < O h N 00 < NNNN NWW M 00 M O N N O 00 NNNN NWW 1 1 1 1 1 1 I I I I I I I I 1 1 I I I < NN O N NN •O NCO �D MMM N MITI N N YI M • N N < < < « < < < < < P P N M N N M < N NIA M M M M N NN I I I dWWI I I I 1 I I I 1 1 1 11 1 1 I I M SON N O N 0 0 O O N N N Ltd O ON O O O 0 00 N hA 000 0000a0 O Or O O O O 00 r hh NOON 000 M r< N 4 r oo < « A r r h M N N I I I I I I I I I I I I I I I I I« O 00 O O O O 00 O 00 0000 000 W h M O P am I7C 4 } 0 O O N N JMM woo -00 w O O w O 0 M < P W M NW O M •Ohd MW O ON NN' NO 00 OI0 ON 0 Md 0, OP CIA 000 O< 00 O V O< O O O 00 O O O O O O M OO�1M O N N < e N� 02S N a 6 1 I 1 I 1 1 I 1 I I 1 1 I 1 I 1 1 I 1 1 I 1 1 1 I I I I 1 1 1 1 N O O 0 0 0 0 P b P P Mgt �.1�Y)PAN��aOPP�AN�00�W�t c0 M ut O O O O AOPC NI I to OIPYI Y)CO EMI P O O O O O O A M1 .t an Ml0�N�NMAN�f MaOPAM �a-�OdN� M M M M M .t �f N v # K a is k K it it J = ai O W O C W Cd' U O 0 0 W 0 W O H 1- O: 1- W F- W W Z H I- 1- L 1- £ I-• N W F' H F Q N FF• H W 1• %' 0 f O Z 0 £ w O: L< O: £SNK 0 6 0 0 m O d d 0 Z C O G 6 6WHH Z6 W¢ G EL G W G C C w Z U Z J £ £u46 wd ZJw£ Z W Z w Z Z C Z Q W W Q \ \Z6d 6\x O4J 1 W > W J W 0 W O W £> I > U N N N N Q W W J W OC N U J J J= U 6 N > O > 6 > H > 1- > \ U' wWWWWZd'd'Q icWF6Q¢ww6W d U U d' Z d'wwHwW\\H W w¢wHH4O:�H pG i > > d' H JJJJFI-F-CHd'F-£JdCK d'I;JHNJ W Y1 K d C W6d66wwHFw Z=OdUl�hf d'WU6 d U w N N W O J»»<664<O ¢f-O\¢<6KJ0O O O Z M NCO aOWmWaONNNNMNPNNNNN�d P M M b O NON(OWWWfO IlIN U1NAY1v NNYlNNOO O �? v 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I M �O ^OMMMMM`OVO �O M�0ddbd��Nv M � M M �? N NNYI �t �T �f �Td NYI YIN t Y1 Y1N 1lI Y1N Yl �tM J' �i M M N YIN N��MMMMMMMMMMMMYIM � N Y\ N I I I I I I I I I I I I I I I I I I i l l l l l I I I I v\ YI�NWroOO n)oDMMMMMMMMMMVdNN N N M M O O O O O O O O O O O O O O O O O O O O O N u O N O O 0 O O O O O O O O O O O O O O O O O O O O O O A A O A O O v N MNY1N v\Y•NIn AAAM1M1AM1M1AAM1 M1�� J � M M I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I 0 0 0000000000000000000000 0 0 0 0 'a0 CO WWO]W NaD COMMWfOM CO NCO COWWWUI a0 a0 Cp ww W w O O 0000000000000000000000 O W O O O O O O O O O O O O O O O O O O O O O o 0 0 0 0 0 O .0 O O N N N N N N N N N N N N N N N N N N N N N N N N ON w N N N 1!1 Y1 YIM NYI YIN NYI YIN YIN NYl Y1M YlN MNNN ON d'N Ill N N N N N N N N N N N N N N N N NN N N N N N N N N N w N W N N M M u M M M M M M M M M M M M M M M M M M M O M M M M O O w 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 Jo Z O O O O O > C O O O O O O O O O O O O O O O O o 0 0 0 0 0 p v1O O .0 O O O � W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H O O O r Z U U W t W w U Z IJ W N W O LL x 00 ZN u NNNNNNNMNNNNNNNNNNNNNN o N O UP > Wro w Zap H F- ��0 u = O A A A A A A A A A A A > A H W A w A Z O 0 O 0 0 0 0 0 0 0 0 0 d O O O O O O O 00 O O O O O O O O O O O O O 0 0 0 w 0 O O O 0 Z .0 O W O O O O O O O O O O O O O O O O O O O O O O O w wO O O O < Q O C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 6 0 wo W O N O 'O en C > O J W 0] O N W N Q w d' Q J W L Z f U L Z O O O Z Z ¢ ¢ O M M N N N MW,010 w A O d I M I A A M P b PO VO M1� 0 OM �O 'o OOY O OA 4< om,I Ioww mmoloO OOAOM1OmNl OONONI OMNNNIO� 'N M1d v O A d 0 O r r N N M N 0 0 N O N O M N N N N e- O N N O M A 00 O O OM OOOOOOQNNNOOa OHO ON 00 o ON ON O ON on O M OOOmOOONNM O O O O O O O O O N O Ol0 O O O M O 0 0 0 0 0 00 O O Opt OM OM �4 ON 00 OHO 029 1 O� O O O O 0000000 O M M O O O O O O O O O O M M1 Y 1 MP Al O O O O• 0000000 O O O O O O O O O O O A A U r 1 WZI OA m 0 0 0 0 ON♦t ♦10�0 �0 N N N V �D O O O o A A In In N N x0 1 P♦t M O O O O O�OOOM�P M A A O O O O m m 10 N •D �O u 0 1 O O O O O O M M L I Q I I I N N d ♦t � 10 v� N •O a - N N N N e- � m I I O I I O I I N I I \ 1 I M I I N I 1 \ I M I I O 1 I I 1 1 I W 1 I r I 1 a 1 I o I 1 I I Y I I u I 1 W 1 I S I I ru I 1 m I 1 w I J I Z 1 m 1 O 1 J O 1 "1 < O 1 r 1 > N 1 £ d 1 O\ 1 W.1 d M 1 r t u d N 1 w 1 d\ 1 m I Q M 1 W I O I C I W I 1 C •• I 1 r0 I I w I I o m 1 1 Z r Will O -10 w W o H X w c O O < O xx r m r z r r rzz r > r d r 241W Sw0 Z 0 0 w W W -1< m I,JrU m1;JQU O d' W Y. OC O 1-0 0 O wWQrwr x O> G O z rdt9 W JJJSJZG G W O W z 6' O WZ d off Z z Z U U W I W W W o W w W O H W w W W J W ZZ > (•l > > O > U > > W W Z 0 << \ -11 WW w UC.W d'U6'J 1-ww W W 1- -1z m w> w m w< m 2 Z w zd< O Q < r w 'J Z Z Wx dzd m w r 00 6 6 < W W W Q W Z C. W M n n1AMNNN, N O OO a- O 001,0000 O 01 1 1 1 1 1 1 1 1 1 1 1 11 M Yl NNMNNNV M O NN M N MM♦iMMMi M O MM M In InMMMMIn In N It 1 1 IIIIIII I 1 rr r M OO O O OOOO♦t♦J, O O 0 00 O O 0000001, O 0O 00O 01, n O O A n M M M n n n n r• M I I I I I I I I I c l 1 I co O O 0000000 O O 1 1 W 1 m m m 1 00 0 C W I 00 O \r 1 N N N Y < I \\ \ UQI M W I N N N N N x I \\ \ V 1 M M M 00 O Y I Z 1 00 O m 1 00 O N H I 1 Z 1 1 P 1 •O I o I O Z I LL I 1 m H I d I x J 1 I w U 1 L W Z I Y11l� m 1<x I An 0 1 Z u 1 Z o 0 O 1 m MM NI c I Q N I Z 1 Z \M 0 1 W 1 O M £ 1 > 1 0041 1 J 1 1 •• 1 W 1 W Z I O u 1 A <O I Z w I A m m <s 1 00 1 000 d U• Y 1 c> 2 1 O A A W O r I Z 2 I 00, p;Cw. I Ww 1 Omm 1000 d d u l> m m m m m m m m m m m O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N \ \\\\\\\ \ \ \ Y1 NNIl1NY1NN N Y1 ml/1 N WNNNNNNN N N JN \ u\\\\\\\ z \ c \ M = M M M M M M M Om m w M O d•0000000 O U•O m 1- O 0000000 40 O J O m0 ♦0000000 GO O 00 z Z z O O O S w w O u U �J m W S H N r Y Z r rc < w O N m P P P P P P N Q P m P x M L•O 2NIlIMMNN�p 1/� 1fl V x n O n n n n n A A 6 n Q n Q A 00 u0000 ro ro ro .0 0000000 Z O Z O Z o O 00000000 .0 .0 .0 W m O O O Y Y J J J M i1 ♦< II K J J J J a a r a a r r r z r r O Z O W O O r 6 r L r r r N J < K 0 � 0 d O 0 m O C C z Z Z Z d• Z Z W O W O W W > U > r > m > U W S � H W r d m N d � Z � £ H m Ih M N d O 1 I 1 N M O M M In � N N N ♦f d N 1 I N O 0 O O O O O M M O I 1 I a N O O O � � N m m m O O O O O O N N N wN N N UM M M 00 O O m J O O 1-0 6 � u w w N O W O mAft mAft Od PA MO O m m O N m O OO ON N O O NA;JO 030 P 1 1 1 I I 1 Nd0 P O O O O N N O O M M O O PAl A O O 00,000000 Y I OMr �D N N In N O O O O M M O 0 � W O 0 NOnONNOON I w WZ I NON O r r P N IL O O O O O NNMNIONON SO 1 t-�N O N N N N In P of P N N q .i N N Na o NIM N r O O �trMN�ONOP UO I M d P P �1' V NSW Imot' d N�LO'•��0 •DA L 1 Q 1 1 v v 1 K F- % it i1 ii it i[ ie i1 x y W J J J J J J J J W J IC U JH H Z Z 0 H d> 0 O 0 0 W 0 0 W 0 O U O LH f f f f i F f L f• f > F U y } } N 0 d' 0 NNNNNNNNN 0 0 0 0 wm Z O F- 0 6 0 0 6 0 W W W O In 0 >>>>uy>>> HH C O' C Z O N C z N C z W W W O = z »»»»> Y.< Z Z H Z > Z 0 Z W Z Y. Z W W W Z 2 2 NNNNNNNNN Od W H W Q W > W O W W O W LLLLLL W O W dW > d > i > N > 1-4 > 6 > f > > H > 1-f HH N N. H \ y J U Z Z Z -1U U U y Vuuuu \ K K K md O i i i 4< 4< Q 6 4 6< }HN y w IY K <4G O CCKCCC d'CK WZY N < z w W 0 Q6< J ZZ=Z -Z=Z= Y H 0 m d Z N i N W Z Z Z Z Z Z i Z Z mm0 W O Z Q Z GG 000000000 K L J N C U H Z H << 6 LL u U U U U y u U U MOON d 0 1 M M 000 P NONNNOAON �0 G1N O N O O V 000 N 0,000,0,0 11 1 I I I I 1 1 III 1 IIIIIIIII M MHO M M N M M M 0 0 0 M N N N N N N N N N MMMMMMMMM mm M N L-M N In `O N N MNN NInN NIn In �?vv v v In v v v NNN d dNIn Y1 Y1 NInNN 1 1 1 1 I I 1 1 I III 000 0 W N N N 000 •OM�}NNM�INN 000 O 0 N O O 0 000 OdN N•O `O �O ion 000 0 o n O o O 000 0 orrrnrrnr MNr N N M M 000 M 1 1 1 I I 1 I 1 I lot I 1 1 1 1 1 1 1 1 1 000 r mmn 00000000 O O O O O O O O O M M N O 0 0 0 0 0 0 0 0 0 .-�1 I I .r I I I rrr 1 �v.�.>•ov.r oar I W 1 m m m 1 = 1 O O O O W I 000 \f I NNN Y < I \\\ uC I NMN 1 w 1 N N N S 1 \\\ 1 y 1 M M M 1 1 000 Y 1 Z 1 000 I m I 000 N H I I W Z 1 1 S P d 1 •O I H � 01 OZI LL I • I u co H I d I U J I 1 2 I NPH I C I Y m mO I W 1 O 1> 1 J 0041 1 J 1 I •• 1 W I w L 1 O U 1 O C4 0 12H 1 000010 <C 1 001 ONEO, dl.O} 1 O>Z I O W O f I Z Z 1 O mN mN m K H I W H 1 O N N N Mdu I > 1 OM� `O 0 0 0 000 O O O 000 N N N NNN N M Y1 In N1f1 N N N NNN M M M MMM O O O 000 O O O 000 O O O 000 N } p J K J J Q < ON <N ZA u� J O J O MID Z O O O J O W O O -000 <O MO 'O I OOO x O H N C C H C W Z < W w z Inv N, ON ?N �O NO - M I NO 1M tf OH Ow O N Ow ON ON O< ON 00 O> No M 0 d N D N NO N N N N N P OH OPPP 000 OK OOD CO 00 OP 04 O> Opt �T �i Or wwwwwwwww 000000000 000000000 N N N N N N N N N In InN NIn NY1N In N N N N N N N N N M M M M M M M M M O O O O O O O O O 000000000 000000000 Z JVVVd�t �Y V �t �i �rrnnrrnrn In O O O O O O O O O Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u rowan aomr000 ao ao OONa0W Wa0N Oc0 N 0 0 0 0 0 0 0 0 0 N 1 1 1 1 1 1 1 1 1 O r r r n n r r r r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O NNNNNNNNN (1 V 031 I 00 0 0 0 0 0 0 0000000000 O• WWN,M W �mmMV M W Y I ON N O O 0 0 0000000009 O NnnP0'0 •O MOWOAA n �t WZ1 ON M N N O O ONa-PngPN�OP N �ONNN n WONMnA P O SO1 NV �O � �0 �D P P W�tAWNMNW�•O A VNs-O Ltd P dA'-a0M0 In `O LI � 6 1 e- W '• I t- I 1 r 1 1 Z I 1 O O I 1 O Z I 1 V I I U I I 6 I I I 1 I 1 1 1 1 W 1 I � 1 1 p W 1 I \r 1 1 Y < 1 1 U p I 1 W I 1 S I 1 u 1 I 1 I Y 1 I Z 1 1 W 1 N <1 1 Z i 1 P 1 •OI 01 OZI LL I I J I 1 > 1 NPI•. I p I N M a I Z 1 m O 1 W M 1 > O W Q I I J I 1 p • • I W 1 W£ LL I O U I 1 Z. 1 <waC I OO I d U• Y I > Z I W O r 1zZ I K C M 1 W H I d d u l> I Z O Z .0 Qr J J J J r Q O M M J J J Q < < 4 N r A P P < < < r r r r O O O O =0 O O r r r r N�rrr r p r r N 1:J NNNN N Z „ N N K W C 2 LL I 11 1 aL r W K VU 0 O O �-I O �-1 O x 0 O Z p O 0 O Q p p J p J J OO'. I•.00O 00=000 p W pN N p £ NN Z 6 Z d 2 �'. z 2 d 6'6'd'6d'd'd' Z L > > > > U J J > UU N N W Y YOOdOOO OJJNJN W W W W W W-d. 0 ww 1 p wow I pWW\W\ - w W <r< -1- 'ZN J1-1-1J, 1-1- G L 1- 2=ZM ddd dd ZZ 1- wo NN`MNNN ««« 666d6d wZ 00 W W M 6 0 W W<< W W W U J J J J J >>>>>> > V V L d' Q J N J d 6 L L 6 d d N d 1 L d d N N N N N N O OA M I .-O O 0 d MHO NNWWN•O.O 000000 OOOOON M I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 NN M M NMMNNMMMMM NNNNNN V•O �O .O .O .O MM N In d �i �iV V�f �1 �}ddd �i �iVVdd NIRN NInN N • M a-r-a-PPPPNNN '-'-a-�� a-MM�MN In NN �O r Nln In a�a'•s'•�NNN NVIN V1 Y11n br• r NN �t d l!1 �i �i �t f Ltd d�idd NVINY1 NIn V�td d�1N d 1 1 I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 PN O Al 00000 N AW O O O 000a0e0a0o0 lnl^PP MNNN�0 �O 000000 O nn o 0 0 0000000000 000000000o nnAnnr 000000 0 •D O MMMNNNNNNN ��r-�e-r- �e•a-N•GO .T I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I t•000000 rr r000 r N 0 0 O O O as 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O Will co W 0 W W W W W W W W W W W W W W W W W W W W W W 0 co O O O 0000000000 000000 000000 O 00 0 O O 0000000000 000000 000000 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N \\ \ \ \ \\\\\\\\\\ \\\\\\ \\\\\\ \ In In N In In NNNNNN NNNNN NNNNNN N N N N N N N NN NN NN NN N N N N NN N N N N N N N N N N N N \\ \ \ \ \\\\\\\\\\ \\\\\\ \\\\\\ \ M M M M M M M M M M M M MM M M M M M M M M MM M M M M 00 O O O 0000000000 000000 0 0 0 0 0 0 0 00 O O O 0000000000 O O O O O O 000000 0 00 O O O 0000000000 000000 000000 O U Z N w Y V J �•I W r O S Z N d d w J Z r Q r r �iV ae0 N WN zNMMMMM ODD N•ONNN N LM WA �•O �0 .O .O.O �O �O �OVV W•Odt �t .id d�OM�O N�iM M w o n A < A w V A A n n n n n A A A O n n A A A A W A A A n n A A N O O J O d 0 to o 0 Z0,000000000 a 0 0 0 O O O p o 0 0 0 0 0 O ZOO <O O O I•.00 OOOOOOOO 00 6000000 000000 VO 000 Z O O 'O 0000000000 1,1000000 1,1000000 < O u o 0 o z < a+ � M r W W J W LL000000 I < < O u Z Z Z Z z 21 Z O0000000 O W W O W O W W O \\ e-V Mgt W �1MnN M�MVON Ooo M O N OO,NOOONNNN dNt OW On ,,too d W NMI �0 N O 0 N 0 0 0 N N N N Nm,N e- n A N M � W ONOW W O M P N I I NN 0 00 Or•OO��r-a-�-� Non,We n ONNM�Ci t ooln o l OAn NO No NONOWNW OON O11 N ON O O O ol- O d O m 0, O awww�O.O�O� www O W W W W W W W W W W O N P O P P P ONION, O P 000 OP OM N ON O.O�V•O ONIN", ONNNNNN OP ONN OK 00 OO 10.O�O.O HO .O �O.O.O O�0 .O � ONNNlnNNN Opt .id � 0 O3t 1 r 1 I z I 1 00 1 1 ozl 1 u 1 1 u 1 1 Q 1 1 1 1 1 I I 1 I W I I � I I p W I I \r I I Ya1 1 up1 1 W 1 1 x 1 1 u 1 1 1 Y 1 I Z 1 0 1 d ti I 1 N I 1 Z I 1 P 0 I • O I � O I OZI w 1 I W 1 d I J 1 1 Q I W O I 00 U I L W Z I I <x I O .I Zu I o Q I 0 I u N r I< O I < \J Z I O> 1 C NI p I r N m=i 0 1 I I \M O 1w 1 Z M L 1> 1 O 0 0 6 1 1 J 1 I p • • 1 W 1 W L l O u 1 O < QO 1 Z w 1 M d W Y I n> Z 1 O w ol- I zZ 1 O K C w I W w I O ddUl> I O w O O O O O O M M M O O NIM 00000 O vNN 4 O 0 d O O O O O O PN N , , O O PP 00 00000 O PNM N P P O N YI O O O O NO M A A O O NN 0 N�N d M M •O A A M M O O 0, , b N N N, M '00" N 1^ 1, , N N P P 00 0 w 10 10 N,,NN M ONM P z O p p u Q r d r J QQ 6'W J Y J W J J J J J J J Q =2 o wJ J J 6 Q O Q < Q Q Q 6 W Q Q r < r O r Z r r r r r r r ,-1 r 1-1-1-1,Z r LL O Z O Q O N O O O O O IJ J O ZZZ O W O r w r x r Z r r r r r QQOQ r 000 1-S r Y u w N JUJUY 1:J U' N ) 0 U K 0 \ 0 0 0 W 0 0 ZSS 0 6 0 O 6 O N O N O O O W O O V u U1 L O O 6 O z d' O N O w z p z < z O UUUUO z ruu p O Z r Z < Z w Z dd Z Z < Z Z >>>> I Z yUU Z 0 Z W I W J W w W i!A W W x W W »» I W W W W W O W W I p W Z Z W W W W> O O O ww U w p I w J ww NNNNN www dtL J S IG L -14 rr d66 d' 6 L ww d r Z Z r 6 w W w WW 6 ww 0 00000000 0 KKK W N 3 3 0 w 0 0 0 0 0 O2 NN mm N 6' 6dddW6 NW w 0 N 00 N 1011 �NAd A nnn M O O 0 vl OO 00000 000 V 1 1 I 1 1 I 1 1 1 11 1 1 1 I I I I O N MM MM dNNNN MI MMmm"MM MMM M N N M MMM M N N N N �I I 1 I I I 1 I 1 1 I I 1 I 1 1 1 1 lit 1 I OO d N 11 00000 n Ml1N N O O OO O O OO OOonn O 0 0 o O 00 o O 00 0000o nnn o N M n oo n 4 Y11n nnnnr rev M I I 1 1 1 I I I I 1 1 1 1 1 oil 1 0 0 0 00 0 0 00 00000 000 0 r r � NU1 r t- ee� ree'•�r �1 �1d e'• 0 w W ww 00 0 ww wa0wwww WOW W O O O 00 O O 00 w O O O O O 000 0 O O O 00 O O 00 w 00000 000 O N N N N N N N N N < NNNN N N N N N \ \ \ \\ \ \ \\ d\\\\\ \\\ \ Ih N NN N NN N N YINN OCWNNN N N N N N N N N N N NNNNN MN \ \ \ \\ \ \ \\ \\\\\ \\\ \ M M M M M M M M M W M M M M M •M M M M aao O o 00 0 0 00 00000 u000 0 W „ 00 O O 00 O 0 00 u 0 0 0 0 0 0 0 0 0 Z O O O 00 O O 00 -00000 000 O w > � Y U w N W u w U W Z J Q N M N O 0 C O O rN J W N N Z r W M N J L L 6 U N p O W r <P xM ZN rmm ON Wn C[•O `O ONNNNA LNNN N`O xM uM wN MM dWl ON Q•O.0 dNNNNN =NNN WN f0 n w o •n W n n 0 n O A a n n A nnn n p A n n 0 A 00 L O Y o .00 Y O m O < 0 0 W O O O O O 000 O O u 0 O < O 0 0 0 .0 O 00 Z O O O O O r 0 0 0 OC O 'O m O 000 "0 Y O N O O .00000 U O O O 0 Z ILI S 6 W 1-W w O W L Y Z w N 0 0 W w 1-J K 1- 1-w -10' N Q Q W IL (O lL K Y O O 6 ILd d0 6 6 6 d N (O d' N N Q 00 n �0 N N N P wm N N M N 1 O M Ndo lA 00M Owl') lO �' Md 'Al MOO Oa M O00 N.fMNON Nmmm P00 O1 ON 00 OOO OP 00 O•D s-d�bV•O MMMM O.0 ON 00 OMM 0 0 00 OPP oNNYINN OPPP 00 ON OP OM 000 00 ON 0 00Oa-NNNYIOm aD 00 00 ON 00 ONN OM OO.... 0--- OM 033 1 1 1 I I I I O O 00 0 00 O O O 00 O 0000 O �O n.1nOdNOPN0�1 ./m MONmM Y 1 u. YI 00 O In O O 00 O 0000 O PAN . . . . . . . . . . .m10 . .�1m . w Z I N N ON N V A O O 00 O d d O f m N N N O M P O M N P M m m h A Mot 10 ID •OP N N, ID O O OM M NNNN P NMPmN�PmO rhM�NMmm MHO U0 1 N N Md m NYI n 0 0 V V N ONE OmPMAnNe-NAN�1NhA� L I Q1 d v v v c- Nr M�MNAMNm�NM� N N 1 M M h �N mN N N 1 M 1 Z 1 1 o I M i# ow K it K it AnAAAAAAnAn AAnAnAAh 1 Hp Rit it3 it it 3t iG it itSh3[RRit it it i! 1 J J N J J J J 1 6 6 L L 6 1 6 6 6 6 1 d 1 1 1 d 1 d 1 6 Q w w Q Q Q 6 m m m m m m m m m m m m m m m m m m m 1 r r pm 1- 1 O O 7 O w O O O 1 W r 1-Wr 1-Q 1- 1- 1-ZZ === Z= Z Z= == z = = Z==Z I U N U r W W W W W W W W W W W W W W W W W W W I M m m mW m N m m m Z 1 > O O Om O O O O O 3333933333333»3333 01 m p O r p L Y P p Q a a< s< Q a a a< Q a « a a Q s 1-11 W 2 Y Y z U N 2 z UN z Z J J J J J J J J J J J J J J J J J J J 1-1 N W U1.1 W < W W W =it W W Z 6 1 > W W > LL m > p > m > > r r r r r r r r r r r r r r r r r r r W.1 W S S J M r m U V U U U U U V V U U U V V U U U U U r m 1 -1U V Oz 3 W < Q Q< Q Q Q Q< Q Q Q 6<< Q Q Q Q w V 1 U W M m 1 m m m m m m m m m m m m m m m m m m m N I M Z Z Y W W N N N N r r r r r r r r r r r r r r r r r r W 1 S 44 m m 1- r W 6<6 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 01 W -1-1-1-1mm M 43 «<< 0000000000000000000 I I > 6 L N N V 9 N L L L L U U U U U U U U U U U U V V V U U U V I 1 O nA V�O 000� 1 mm M M �1 0000 OOONOO,NO-MYIAMMNNO O O O O N O O N O O O O O N N n I I 1 1 1 1 1 1 1 I 1 1 11 till 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I M MM NN I MM I N M M I 1 mm N t- I MM A1M YI,A N NN � � NNNNNNNNNNNNNNNNNNN I �1 �1 �1 11.i �J �1 �1 �1 I 1 I 11 I I 1 1 1 I I 1 1 1 1 1 1 till 11 1 1 1 1 11 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 O NN MN N 00 NNNN Z 1 O 00 AA O 00 0000 O 1 O co h A O 00 0000 0000000000000 0000 0000000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z OZ I O AA d 00 N YJ YIN NNMNUIN NNNNNNNNNNYI U 1 I I I 1 1 I it till 1 I I I I I I I I I I i l l l l l l l l U 1 0 < 1 O O O 0 0 O O O O O 0000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O 1 M r't- - NYI I'll 1 W I 1 � I 1 p W I 1 \r I 1 Y I YIP0 1 p I N M 0 1 Z 1 w O 1 W 1 m 1 > 1 0041 1 J I I p • • 1 W I W LLLIOu I m< O 1 Z N 1 < m 1 0 1 L m Y Z I W O r Iz> Z I mmMl I W-i I G L u l> 1 mm mm m 00 00 O 00 O O O N N N N N N M N N N N N N N N \\ \\ \ I'll', M M M 00 Oa O 00 00 O 00 00 O ITA m O m m m m m m m m m m m m m m m m m m m m m m m N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W N N N N N N N N N N N N N N N N N N N N N N N NMNNN 6YIN NMNMNYI YINMNYINMNNNYI < N N N N W N N N N N N N N N N N N N N NN N N N LL M M M M M M M M M M M M M M M M M M M M M M M 00000 00000000000000000000 LL 1,10000 LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U O O O O .0000000000000000000 m LL W 0 S O N Y Y r r u•OO �D •D u.O.O.O.ODD V10.O.00.O.O.00 V�O N10 •O� �O V•O .O `O 10 VID •O �O �D V•O �O �O ID �D V10 w h A A A W A A A A n A A A A n n A A A n A A A n p 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O WO N 0 0 0 0 00000000000000000000 m m W W M I-IM M M M M M M M M M M M M M M M M M M mN f nNP m N N IOP N NM, NM YI N AO N MNYI MO N N �1 Md OVN 000 O, O OdN.1N O 01 om. Orr ON O,M Ow 0" r 000 O M OIO O M N M N O Om Ode? Omm 00 Orr OhAhA O nnnnnhhnAhhhnAAhhAn m ao oo aommmmmmmmmmmmmmm 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SSSSSSSS SSSSS2222SS N N N N N N N N N N N N N N N NN N N O 3 1 1 i 1 OWON •O 00 O O O O O O O NMNOo'm O O �O •O Y 1 NONN N N N 00 O O O O O N�NAN WN P O O u r 1 • WZ 1 APMN P O O 0-M A N N O O N N WWPONMO M O O N N Z01 •D N P A A PM M N N 10 V ` A N P P A A UO I WON W -N m m MOWNWo O�- LI 41 N'00 'N �t I 1 I Z 1 u 1 Z 1 A A A it it K it 'k I ddd J J J J J J J J J N J I W W W < 4 < < Q r < < 6 < W r r r r r I W W W W Y N N N N N N N N Z 1 a d' 6 W W Z 1 aaa 0 O O 0 O O 0 O 0 d 0 O JJJJJJJ O 0 0 O w 0 O J O 0 01 Q< Q O C C C < Q Q< Q<< O J C Q C w l JJJ Z b Z Z Z z d• z ZZZSZZZ Z Y Z 6 Z > Z r l r W w W W W W O W 0000000 W U W 6 W 1 W Sd 1 rrrZ > S > bN > > N > > wwwwwww > W > > > N > W.1 U U U Q N Ow W u N N N N N N N N W r b' 1 S Q N w �J N N N N N N N w I w w U l w 6' w 6' w 6' m U• w N Z N J d' W W W W W W W W J N I r r r m Y w ft b Z S d W I ZZZN L b•L 6 w N 0 0 0 0 0 0 0000000 Q w b DI Oo W O W Y Z KKKb'b•b'C J W w 1 uuY L i N r N w d 6 d 6 6 6 6 d d' N 1 r I 1 Z 1 I 0 O I I O Z 1 I u 1 I u 1 I < 1 I 1 1 1 I I W 1 1 = I I C W 1 1 \r 1 1 Y 1 N P w 1 0 1 N M O 1 Z 1 [11 W mL 1 > O N 6 1 1 J I I C • • I W 1 W L I 0. I K< 0 0 1 z w 1 6 W I 0 0 1 d I:JY 1 C>Z 1 W O r I Z Z 1 b'b'w I Ww 1 66U I > 1 O M N J O O 11 O M O A A O O A A 0 N N 00 �i M �t 00��00 N O O 1 1 I 1 1 1 1 1 1 1 1 1 I I I t-t- M b M NNNNNNN M •O �O t- MMM�e-NN �t NM � N N �OOONNOO N N N I I 1 1 1 11 1 1 1 1 1 I I 1 0 0 O O o 0 0 M N 0 0 O O O O O O 0 O O O O A A 0 0 O O O MA O N M VPP O M i t 1 I I 1 1 1 1 1 1 1 3 1 1 1 1 1 I 1 O O O Od�t0000 O O 'O N NN�1 �tQV N N N NZ N I P N, A T T� 00 NO O d N M OW ON 00 00 010 .O 1 ON ON OW Om W W W W W W W 0000000 0000000 N N N N N N N N N N N N N N u N N N N N N N Z\\\\\\\ w M M M M M M M 0000000 6 00000000 00000000 C O Y W a d �t �lvvdO�T N A A A A A A A 0000000 a 0 0 0 0 0 0 0 00000000 Z N O Y W W W W W W W 0 0 0 0 0 0 0 .tYTYYYYT O Z Z Z Z Z Z Z O Q < < < < Q < � M •O M c PO OHO ON NA Om 0 ON ON O W O 00 ON 010 O OW o0 o�A o 035 J I I 1 W 1 1 O 1 I 1 . z0 I W 1 d 0 1 1 0 I O I L I aI a I d I1-Z I I LL Q I I W Z 1 I 1 I I I I 1 1 1 1 1 1 I I •0 d O O 10 10 •0 a0 W O O Pit •D A O O 1 Y I 00 N N u, AO`ONNdMMM00AdNOODN O •0 •O O O dNM M w w I u 1- I I WZI O O N N M n N O O •O .0 ld d �t �f I S= I A A M M NAM I Vol YI n M M N , N e- M M '- I L I I I I 1 I OD 1 1 O 1 I O 1 I N 1 I \ 1 1 N 1 I N 1 I \ I M I I O I I I 1 1 1 W I 1 f 1 1 1 I Y 1 I J J J J J J J J J U I 1 < Q < < Q a a < < W z I I w H F- f 1- S I 1 z 0 0 0 0 O O O W O H U I!- N I 1 H W S W W N J 1 21 L O U O w O W O O w O w p d O !h 1 O I O > O O O W G O Z C WWO c O JO 1 w 1 Z Z N Z > Z W Z 2 W Z ww> Z Z <O 1 1-1 p W W Z W 1 W W W W JJZ W 0 W > N 1 6 1 w > d' 7 N N N N N w N N N N N N > N > > d' > d d w > > W.1 O\ I w 1 w W Ww Ww W W W w W Ww W W W W W U 6 d U d'N I H d' I Q ........ w N >> H w d N I w U l W J J J J J J J w J J J J J J J J J N N w C d\ I N 1 w d d d d d d d d O d d d d d d d d d J J Q M I 1,11 w L d d d d d d d W d d d d d d d d d W d U U w w N 0 Clow W 1 1 w U NNNNVlN V1V VlNNNNNNN N LL W WWU w OC •• 1 1 1-LL 1 /-O 1 I N N OOOON -I-e-Ol-a-OOOOO M V O 000 M w I I N vt O O O O N O O O N O 0 0 0 0 0 0 M M O O O V p N I I 1 I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 z< 1 I b M •0.O.0.O d•O.O be-•0 b`O VIOVV � M N YI YI YI M W 1 I N M YIN NYINNNYIM YI YIN NNNY\ N d 1 1 • X I I N MrY1 YI N MNNNMMMMmmm •O .O b'OMMM M � vtNM r I 1 1 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I 1 1 1 1 I z 000000001^0000000 M O �t YIYIN N 1 Z 1 O O O O O O O O O O v10 O O O O O O O O O N N N O 1 o 0 1 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O A A A O I OZ I A O a-NdddYIN YINb b•O IOAAA M O 1 U I 1 I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I 1 I Q I O O O O O O O O O O O O O O O O O O O O O O O O O 1 1 I 1 I I I W I !b W WW(O(OfONWWCOCOM CO 00 0 a0 a0 eD CO 0 0 O0 o0 a0 O0 0 0 0 0 0 0 O0 0 0 0 O O O O O O O 1 c I O O 0000000000000000 O O O 000 O 1 U H I N N N N N N N N N N N N N N N N N N N N Al MINN N I V a 1 \ \ \\\\\\\\\\\\\\\\ \ \ \ \\\ \ 1 VCI N N NNYI Y1N Y11lI Y1 YI YIN YI YIN NN N Ill N NYI YI N 1 W 1 N N w N N N N N N N N N N N N N N N N N N N N N N N I V 1 M M a M M M M M M M M M M M M M M M M M M M M M M M 1 1 O O F-O O O O O O O O O O O O O O O O Y O O O 000 O I Y I O U Z Z Y 1 Z 1 u 0 Z O 40000000000000000 40 u 0 O 000 O I O] I O w O > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 K O Z O O 000 O O < 1 1 Y O LL W G YI .1 I J N Q w W Z I 1 d Y Q P d 1 •O 1 d d' to O a 01 I O w U H z < LL I . N 3 W w O Z pp w l d I ILI Z Y N d 0 J I I OD W w F- Z K -1 <IWWOI N ZO NAN00 AYIA AANN10 •D IONAA J.0 <•O VA OOON JV U 1 zwz I Wn �bN�t •0 �t •O .0 .0 M�1 d �t �t M'O .O W.0 002.0 ud d•O N 00 1 Q S 1 d 1, A A m A A A A A A A A A A A A A A A A > A F-N A w A Z A A A ZA O 41 2 u 1 .0 WO O 00000000000000,00 00 O O w 0 0 0 Z O O 41 O 1 MO WO 00000000000000000 Z O WO WO 000 00 N 1- 16 0 I O 3 0 w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Z O L O 0000 WO \JZ 1 O> I S S J Z w Q U d YIPw I G 1 F H d J N L NMO I Z 1 w 0 Q W Z 0 YI O p I W I 0 W f F• Q mw S MI> I N N O U'aI 1 VON�f�MMNP��NVM'OM u J I I AP YI a0�MM'O aOAAMA�� \ O•• I W I dNMYI o0 �1PPNOONNONd�1 A u WLLL 1 Ou I MM Pm 00NPdMNNOD OOPNPPAPNN M VO N M 1 00<01 Zw 1 d�f COdPOM00NNdM�t �1 .0 �tWW O N P0000N NM arc 1 001 dvII^ I,AN N OYIN AOYI YIW 00MNN NI-YINN AN OA 0000 mo.t , dM dol- I C>Z I OYI ON OPPPOPPPPPPPPOOPPP OM Opt OM lwlMNO00 W O H 1 2 2 I O O I O P P P O P P P P P P P P P P P O d 0, 00 O M M P 00 O: O[w I ww 1 0w 000 OOOOe-00000000O000 OM 00 ON ONNM O d d u 1> 1 O, 00 O M M M M M M M M M M M M M M M M 04 O d 0, O M M M Om 036 1 I O O I^Wm"m V O O A n n A O O O O O O OP P 010 O O 4�OAC-M W O O M M O O O O O 0 In - V V V 0100 O O InVPNPP V O O M In co W N N In In O O r 4 N V V MMO M M WMWPMV 1 V V M N O O O O N N N N N N V O O IAnN MNM,N In P P V V V V N N V V n A �,Aln I N N W 0 N N I d W N J J J J J J J J J J O W Q Q < J Q 6 6 Q Q Q Q 2 M r r J r r r r J r r r w[t O O O 0 Q O N O O O J O O O d w 1 r r r S r u r r r 6 r r r < 4 U U d 0 d' N d' d' ow it O O O 1-0 0 0 O d \ u U O JJ O O pd p N 6 p N > > Q Q p Z 1-z z z z z z Z U U Z O N N 1-1- z Z 4 2 w W W > W I W 0 W I W W W 22 W W JON S > J > N > N Y > N > r > N > W W > > w EL 6 W W U U Q d'd' ir6 W w J > Q p K4£ 6 d'NNNNNr J U N d' W W QI:JR I W __ 1- 1- N d w r LL r1;J I:i W {9 U' Z d S 6 Z r 00 W WCfd W <wwwww O W 6 O Q 00 wct0 d' £NNNNN U N > W U N L£ LL Jwp O NNNNNN V O A W NN V VVN O N V V V V V O O V O N O O O M P P N 1 11 1 1 1 I 1 I I 1 I I I I 1 1 1 1 V V V V V V V N M N M V V V M O O V O NNYINNYI M V V M M N NN V MMN N MMMMMM N N N N NN NNN M V V V V V V N N Y1 V V V V V N V V V I I I I I 1 1 I 1 I I 1 I I I I I I I O M M M M M M N M O V N N N O V V N O 0 0 0 0 0 0 N N O O O O 00 O 000 0 0 0 O 000000 A A O O O O 00 O 000 N A n n n A A O N M M M O M M M I 11 1 1 1 I 1 1 1 1 1 1 1 1 I 11 1 0 000000 O o 0 0 0 0 00 O Oo0 � I I Ia-I I V V In a- I 1 11 In w-r— O O N N N \ M O O O V 4 1 1 N w 1 I z I 1 u P N 1 •O 1 Z � 01 0 2 1 w W I 1 W w 1 d 1 N JI 1 C 6 1 W rc 0 1 W A V I LWZ 1 SRO 0 IS 1 rn O <1zU I oo O Q I 0 1 N r 1 d'O I 00 WO \J Z I O > I NPw l p I J N M O I Z 1 J \M O 1 W 1 O M S I> 1 r O W 6 I I J I I • • I W I WELL I Ou I < Q 0 1 2 w 1 P O Q W I 001 NO mo�I p>Z 1 00 woo- r I Z Z I am rc o:w 1 Ww I OM d 6 U 1> 1 00 WWWWWW JW NCO W W W W W W W WW W 000000 .0 r 0 O O O O 00 O 000 000000 > O u 0 O O O O 00 O 000 N N N N N N w N O N N N Al N N N N N N N NNN N N N N N NN NNNNNN fIDN WN N N N N N NN N N NNN N \\\\\\ \ 6\ \ \ \ \ \\ \ \\\ M M M M M M N M M M M M M M M M M M M 000000 O Y O O W O O O O O O 0 0 0 0 0000000 > O J O o 1-0 O O O O O O O O Z O O O O O O W O d O O O O O O O O O O O w > N . u K w It. Z N p J N N u 4 V SV wm U'V YV OVV <V NVVM Q A A A n A n W A A d o < N A d n n W A 6 A A A W 0 0 0 0 0 0 1-0 1-0 4 0 d 0 Wo O W O O O 000 000000 40 N O O O 00 1-0 p 0 0 W O W O O Z 0 0 0 0 0 0 1-0 W O w O Y O 00 Z O 00 00 W 0 0 D 0 N W W U O O 6 Q N Z J L W J r 6 w w w J Q K p J 2 r r r r > > > > > > W N40 A Om P NW P 00 M N ' wo W N N N N O O W O N M N V V P V M O V P M» W M n A A OVa-OAAP O WN AN VN N PI, VOO n V000 O P O O W W W O V M O O O O V ow 0"" ON NV V V O P O O P P P OP 01 OM Om ON ON O w w O N O I I I O P O O P P P co Ow 00 Ow al- Om O Q< 00 0... OPt- PPP ON 00 OW OIL OV ON O>> O, OwNN 037 W a a 1 1 MOOOMM, •O O O O O O OM 1 Y 1 OOOOMM•O P N N O O M M O OM I WZI WONOd� I SO 1 MO MNO.0 d O O M MMO I u01 M•OMAOIM M d d N NV I 1 r- 't• b I I P I I O I I O I I N I I \ I 1 N I 1 N I 1 \ I 1 M I 1 O I 1 I 1 I 1 Y W 1 N U H 1 1 W .O � C i i O Y I 1 m Z J W J J J JNk W I I WNN wF•H F Y H H f 2 I I NWW HZZ O 0=* Q O N O O Omit H U I I M W W < W W i^ 6 H U f F 1-• (-• N I I JLL'K NLL C > w{t I I QF•F- wWW W C N K 6• J I Z I C W'UU 0 w OZ* > O O m O =W* W 1 O 1 4zzo.« G O O O z L O Z =Wi J O 1 .1 Q Z ZI:J w J J Z Z Z Z w Z O QO I f•I >WWQ_ 61 W J W w W W W 2 WX* XK >N 1 L11 CWW > 0 > K > K > 1 >WO[ O\ G'N 1 MLC 1 UUUCU W J W Jit LLN I wu I «6 z «f Z W J 60t 6\ I N I J J J C J Z Z w > w 6 M 1 W I 6 LL M1 Z M1<< LL O Q m 0* O I CI WWWwWJJ W Z M1' O fit W I 1 6'1'1'31066 OC W H L K •• I I J LL I I < f 0 1 I A N N O N N O A N H w 1 1 O111 110 00 O O O N O N 1 I 1 1 1 1 1 1 1 I I 1 1 Z F 4 1 I dV� M4 � � O N a- W 1 I NNN�IM NN O M N �f z 6 1 I Z Q W I 1 N N N N N M M .1•1N M M I 1 •.•0 �t V �1 00 I 1 I 1 I I 1 1 1 1 �11 1 1 1 1 I I I I H 1 N N N N N d O N N N I 2 1 O O O O O0 O O O O O I 0 0 1 0000000 O O O O I O Z I M M M M M A A 1 u I 1 1 1 1 1 1 1 i 1 I 1 i a 1 0000000 0 0 0 0 1 I 1 I 1 W I 00000000 t000 t0 0 00 00 Q I 1 O O O O O O O O O I O W I 0000000 O O O O I \r I N N N N N N N N N N N I U C I N N N N N N N N N N N I W I N N N N N N N N N N N I S 1 \\\\\\\ \ \ \ \ I U 1 M M M M M M M M M M M 1 1 0000000 O O O O Y I I Z 1 0000000 O O O O 1 m 1 0000000 O O O O N 6 1 I N w l I N N Z1 1 W P 0 1 • O 1 0 F oz1 a c apLLI 1 w x w 1 a 1 u w u JI 1 O w f 1 < x C W J N P w I 1 w N J L W N M o IX 1 Z J J L K O 1 W 1 =Q w w M 1> 1 > 2 3 3 3 OOZ 1 NOD •O •D •1 �1 •G •1 ON M I MP OP W O f I Z Z 1 0 1 1 1 1 1 1 1 ON 0, ON ON stew 1 Ww I Owwwwwww OM ON 0 6 6 U 1> I O N N N N N N N 00 00 00 ON 038 O O 1 M O M M \ I YJ 1 O O O O m I u 6 I O 1 W r 1 N In A A O 1 SO I d N m m WNK 1 Ur I M N N Ili m W I 1 a £ 1 I O 2 1 I N I I 1'r I I w C I 1 L O I 1 6 1 I ow I rz l Z K I Z r-1 1 rl I o q 1 dt it r I O r 1 Z £ W I 0 1 Q K I 1 mm O O M M O I \1 00 00 O O U W U 1 u I UN I NN InN A A I Q c l M M N N N In Ir 1 I »O I I L 1 I w r I I K W 1 I Z 1 I I 1 1 1 I I O I I O O 1 I I I c O m I 1 N O W I 1 m 1 r l M M J J L 1 Z I m M 4 < 01 o r r z I 01 I i o 0 U I O r r Z 1 Q I O O Y n q V O u Y m 1 I W U 1 S W > 1 I O O u I 1 Y \ C I I Z N W 1 I < Y r I I m z N 1 1 I o O I a I •z I 6 I G 1 I 1 N I I r I z I m 1 In o 1 W 1 O D O I S O I A A u Iuz1 0 0 u 1 0 1 O O q 10 1 O O 1> 1 I I I I I 1 1 1 I I I I I 1 I I 1 I I I I I I 1 1 Q 1 I H O 1 I W M Z Io W I J 1 1 C £ 1 O Y I Z g l M LLZIwZI Z w Q 1> I O d J m 1 1 H 6 1 I U Z U e 1 N S we I u o W I I Q o < I O •• I W L LL O I 1 A m g O O I to < K I Y I N N W O r Z I W 0 1 w A A 1' 1SZI sLaQm I u I a... 039 I I M M O OM O O O 00 N N n W 10 �D N N M M N NY1 r r r Z 4c W {[ C {[ LL i[ Z J JN{ r W C WX i X* > Q >Wit W �t Z J J {1 M W Q {t w GL r it < r J o r O O O 1 I r � O N O O Z M M 6 �O M LG 1 I O O O O O 1 O 0 1 O O 1 O W 1 O O \r 1 N N 1 Y Q 1 \ \ 1 ucl � 1 W 1 N N I S 1 \ \ I U 1 M M I 1 O O I Y I I t0 I O O M H I 1 • Z 1 I M 1 •O I N o 0 1 O Z I LL I 1 d w I 1 1 Q 1 I N Wes} U I ZWZ 2 1 a0 1 4 2 1 A A O ZU 1 O Zo O I N r- P . I O I u Z \N1O I W I V O O O 4 I I J I I O • • I W 1 W Z LL 1 O u I o V rc Q01 Z0 1 0GO L N> I O> Z 1 J 01 N M N W O r I Z Z 1 ON ON 6'GG Ww 1 OM OM a 1 u]> I 00 00 040 SPA I OHO 1 1 0 O m O N O A O 'A \ I Y J N I O �O O m O P �f O m O m u < I O I W 0 1 P P N O r d P N O M O I SO 1 P P w N O O N P A N W ry z 1 u 1- I P e- •O d m .t � M m W I I Q m I I m N N d L I I M 0z t- I M I I K H I I W ¢ I I ao I I m W I H Z I 2 I Z W I 0 1 Qd' 1 000000 �� 00 mm 00 omt 000w ,0N•ON 00 Ar 00 �?V AAA O 1 \1 000000 �O .O 00 mm 00 PP ONI�Oo00N�O . .mot 00 mm 00 NN NN�t u I W U I u I uN 1 VNMM�-P PP NN ww 00 AA NNNNmOM�D �Inm�f PP NN 00 MM dN0 Q 1 ZM I NMN P �� PP mm NN 00 MmOmw-NNVOP� O NN PP rA NN •OMN 1 QO I P P �� •O .O �t �} �M�t M �A�1m dd �� MM AVP 1 H11 1 1-0 l 1 mm O N NN 1M01 MM I Z 1 M M I W I I CW I 1 Z 1 v 1 I I MN—O N A O w- M I IA a•�d I 1 01,1000 N 1 O O 0 ' O ......... O 1 O 000 1 1 11 1 1 1 I 1 I I 1 IIIIIIIIIII I I 1 I III 1 1 �,,• O N P 1 O NOO...... 00 N O W 1 1 m 1 m Z1I Mv-knln�� N O N N N N N m NNM I C NNN.f N ONNNNNNNMNN N NNM � I O I Z I OI II111 I I I I I I1111111111 I I I I 111 I U I MONO M O O O NNCINNN,^000 A N N O NNd z 1 u 1 O O O N O O O O O 1- O O O O N N N N 0 0 0 M 0 O O N N O Z I 41 O O O A O O O O O r 00000000000 A O O 0 000 6 I I A O O PMMMIN NNNAMM N N O NN CIS title I I I 1 title 1 1 1 I IIIIIIIIIII I I 1 1 III I I rr1m t- Nr0rrrr0 0rr m I I 00000 O O O O 00000000000 O O O 000 m I 1 ... .......... I 1 K i 1 W 1 1 H I I N 1 I M 1 1 W 1 1 m m m m m m m m m m m m m m m m m m m m m m m to m m m m N. I 1 00000 O O O O O 00000000000 O O O O 000 I 1 00000 O O O O O O O O O O O O O O O O O O O O 000 Y I I N N N N N N N N N N N N N N N N N N N N N N N N N N N N U I W I \\\\\ \ \ \ \ \ \\\\\\\\\\\ \ \ \ \ \\\ w 1 h 1 a- a- e- t- a- '- �-'• a- e- e- e- �-'-'• t• �- S 14 I N NNN N N N N N N N N N N N N N N N N N N N N N N N N U I O 1 \\\\\ \ \ \ \ \ \\\\\\\\\\\ \ \ \ \ \\\ I 1 M M M M M M M M M M M M M M M M M MGM M M M M M M M M M W I 1 00000 O O O O O 00000000000 O O O O 000 J 1 1 m 1 1 6 1 I > tool 6 1 •Z 1 d 16 1 1 I N 1 I f 1 1 N IA N N d NN NIN,A I, N V N NNYIN NN1l1 V1 Y1 Y1 Y1 d I, U I U Z I 00000 O O O 0 O 00000000000 O O O O 000 u 1 0 1 00000 O O w O 0 00000000000 O O O 0 000 < 10 1 00000 O 0 d O O 00000000000 O O O 0 000 > I I z 1 1- d m C I 2 Z Z N 1 W W W M C O C 1 1 Z J L d' U In W I 1 O < W Q Z I I M 1- 19 U W O 6 U 2 Z 0 O 1 I FI Z L W Z W W S < Q 1 I J O 1-0 -1 -1z I 1 < K W I U J J O �•I Q I 1 U• Q U Q > w F• IM d' i 1 K 1 O > N Z J > > ) K K d• N Z 1 O W 1 W Z Q O < K 1 CL 1 W 3 J z < < W Q m O Y I Z Q I d Z -11 W d -1 -1m Z I W Z I O U U -1 -1Z - w Q 1> 1 W W w ILI < W W O Q w d' O J m 1 I w w w W S S N U < W d' r < 1 1 IL N L 6 d 01 I O O Q L O O Q < Q £ Z m 4 1 I m m m U U U U U• S �-I rI 0 < Q 1 I NJZLL 1 I O A M A M m N N 0 m P \•D �-IN I d' I O M M M M �D V •O M d N •O \L W I Z Z I M O I •• I w0 1 I d N �O r m K<0 0 1 I •O A P A A A A QC I Y I N N N N N N N N N N N N N N N N N dU• }Y l u I A A A A A A A INA A A W OZ I W O I A r A A A A 1, A r A A r A d'd'. I SZ 1 d dUmlu I A 0�1 N P A I OV I 1 v O A N O M O m m N V O V V m I YJ I d O N d M O V M P V d P P m 1 u < I 0 1 w f 1 N m m M P O O 1 20 1 m N N N m P N A N O M M WNW l uI- I N N N V V Q m I I N � GO OO tV L 1 I A A cz 1 1 d 2 O Z I 1 •- I WT W K I 1 6 O I 1 I X 1 W m W I Z 1 2K I Z1 N I 0Q I IOHI z I L W 1 O 1< S 1 M l` d N .t CIO NN m M N 00 M M 00 Al A m m O m N N V V 00 V V O 1 \1 .0. 00 NN NV.t .. M. 00 NdV NAM PP Val �. P P U 1 W Y I . . . . . u 11 �NN dot �� •ONOP mm �� WOO NVm AVM PP 00 V V < 1 z.I O V NN N m m m •O M M N N N N N m m NAP m M N A A N N 00 0 0 M M 1 6o I mm 'N NN q�m NN V V 1 f 1 I w 0 1 A A 1L 1 d d I wfl I zl I �• I 1 A,- N O NVN O V O NN NN N N N I 1 0000 O O OWN O � O NN NN N N N I I 1 1 I I I 1 11 1 I I I I I I I I I I I 1 Jvd�t m N N�tN d d m Vd .td .f d �t I I 1 l P M NNM P N P NN N N = I I Mmmm O 1 N N M O N O NN � N 1 0 1 �� N • ��1 N �1' N V� N'�1' d d 1 01 1 I 1 I 1 I 1 I I 1 I 1 I 1 I I I I I I 1 I I I I 1 1 I 1 u l O V � O O 0 00 NN N N O 1 u 1 0000000 0 O O 0ONO0 O O O 00 00 O O O 1 41 OOoO O O 000 O O 0 00 00 O O O 1 1 AAAA O ONA O O O 00 �1'V . O I 1 I I I I I I oil I I I 11 11 1 I 1 1 I W00 I 1 0000 O 0 0 O 11 00 O O I 1 • 111 I I N" I N I NN rr 1 1 N W 1 1 mmmm m m wow m m m mm mm m m m C 1 1 Coco O 0 000 O O 0 00 00 O O 0 1 1 0000 O O 000 O O O 00 00 O O O Y I 1 NNNN N N NNN N N N NN NN N N N U I W 1 mmmm \ \ \\\ \ \ \ \\ \\ \ \ \ N N N N M NN N N Alm S I Q 1 NNNN N NNN N N NN N N u 1 C 1 mmmm m \ \mm m \ \ m\ \\ \ \ m 1 1 MMMM M M MMM M M M MM MM M M M W I I 0000 O O 000 O O O 00 00 O O O J I I m 1 1 < I 1 T 1 0 0 1 < 1 •Z 1 6 1 G 1 I 1 N I I z Z I 1 N N N N A N N N N NN P N N N N I m W I N N N N N �1 I IAA 111 N A N N 0 �t �f N I Z O I A AA A M A AM A A AI, A A A A u 1 UZ 1 0000 O O 000 O O 0 00 00 O O 0 u 1 0 1 0000 C O 000 G' O K 00 00 O O 0 < 10 I 0000 6 O 000 6 O d 00 00 O O O 1 > I 1 1 1 I F T 1 I M W 1 I G N 1 I W 1 1 Z O < 1 I o < u 1 1 W W I I f J 2 Z N N I I U• < 0 2 W W I I �•1 U 0 W r1 J J O -1-1 W W V 1 K I G' K J C K N Z low[ r1 W T < < Z M s I CL 1 1- 1- Z 1 N J s o O O O O O O J m 1 1 W C. < S Y W N N N N N Q 1 1 W 2 6 6' Y W F• 1-1 M UO 1 1 L '�i J < N £ 6' 1' 1' 1' d• 01 I £ M < 6 < M Z W W W W W m I I 1-1 J O: N H T > > > > > > o 441 I NJZLL 1 1 P O A O V V M V O A P N m•O w N 1 OL I �O M N N N •O N P N N N M N10J 1 0 1 N m N P N N N P N O J I O I M N N N N N \£ W 1Z Z I M W Q 3 1 w I O J I > 1 O •• 1 I 41 1 N V A m P O N N M �i =00 V 00I I A A A A A m m m m m m m QK IV 1 N N N N N N N N N N N N GU• TY l u 1 A A A A A A A A A A A A W O F Z I W O I r A A A A A A A A A A A R'I SZ I a,Ldumlu I 012 I 00000 O O O M W O O N44KIN1 00—PWN N O O A A Y I 00000 0 •O •O O O 00 00 O O P P omV,MooI —QO .t O O M 0 uF I WZ I MI- P P P N N IO IO O O A A NNNM Na00 MID c•ln d P P N N SO I NMM 'N N N P P L I Q I W CO O N N N I M M 1 M M 1 I � � z I O M I J J J J Q J J J R J J I 6 4 6 Q K t 3 6 < < 4 1 N z N Y N Q 1 0 c O O O O N 0 O[ 0 MMMO 0 z 0 0 1 CON N00 a0 f CC H .I H Y F- w H G f PPPn H E H F I O O O O O 4 H K O R R R R Y M Z I NNNNN O 1 1 0 W 0 E 0 fC 0 w N O O I O R O O 1 00000 J L C W NNNN www. N G •-I 1 1 1 1 1 1 z Z z Z Z z J Z z O Z W z Z z Z 11 1 1 z Z W Z x 1- Z I XXXXX W L W O W N W U W O W UUUUUUUUUU W Z W 1I1 W L 6 I < < < 4 < > N > U > > Z > W > > > > > > > > > > > O > O > I > WN 1 F-F-/-1-F L J W d' NNNNNNNNN Nt• C u H OC 1 W J fC L > MV 1 NNNNN W N O W d'd'R.d'd'OCd'C.ww Q N N I W W W W W 'J 6' IL z L W W W W W W W W W W f W I w N d Y Z M f1-l-f HHHF-f tiL' N N al <<<<< «<Q< < W < O W «Q«Q«QQrc Q 1 NNNNh 3 OL d U CC 3 29'J 33�N > > U 1 1 MNO,, N A O �t IO�N�t N•O.O .O .O PIn M I M0000 M 1 O O O -0...�-�� O I J i l l[ 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I �V O.ON ID N P O 0000 ----- N In � 1 0 NNa�N N 1 MN�MN M N O N V1N Y1 V1NNNNNMO N N 1 Vet Mgt In M .f N N h N �t 1 1 1 1 1 1 I I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I I 1- 1 n M O O O n N E 1 000O O O O O N O O O O V A OOIDOONvllnl Oo M M o 0 1 O p O 0 A O 0 O O A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n O OZ 1 MM�n� n O O d � MMMM Mtn an In lnnP e- N u l 11111 1 1 I 1 I IIII1111111 1 1 u 1 a0 h s 1 00000 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I a-r-.a-V — N I I d a-a-a-.a-..a-..d 1 1 W I wwwww w 00 1 = 1 00000 O O I MWl 00000 O O I \1- 1 NNNNN N N 1 Y Q 1 \\\\\ \ \ 1 u G 1 O O O O O O O 1 W 1 N N N N N N N I U I M M M M M M M z I I O O O O O O O Y 1 W I Z 1 Z O O O O O J O L O I m 1 000000 QO WO M 41 1 1- 1-0 O z i i a w z M C 1 •O 1 N Z Q N O I OZ 1 w Z L W 1 J 0 p M 1 6 1 6 C W �t Ne- V I LwZ 1 Wdd.t �iV Zln 4�1 00 I<S I WA �A O IZOU 1 d O0 O0 0 OO0 O 0 O O O Q I O 1 000000 U O u 0 N H 1 C[O 1 OOOOO WO WO \J Z 1 0> 1 O H OPw 1 w 1 w KIm N M a IZ Q 1 0 ML1 > 1 w CON wo 0041 1 N N J 1 1 NNNNN C .. wzd I Ou 1 0.0.0� 0 W<O 1 E.l I OPPP M MN <CC 1 001 IANNNNN V W W W W W M d J .l W O1- I ZZ 1 0 1 1 1 1 1 O I 01 K K�I l wl-I 1 Onnnnn Oln 00 d d u l> I O P 0 P P P O d O N L W f M N A M MM M00 Vt0 O O O O O0 0d 00 Om 00 O 00 Om Om ON 00 00 O ap a000W WtO O00 a0W o0 00 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O N N N N N N N N N N N •N N \0 u\ \ H o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z O o h NNNNNNNNNNN •-IN N O MM M M M M M M M M M zM M 00000000000 Z O O K O 1,100000000000 •-10 0 H 0 0 0 0 0 0 0 0 0 0 0 1-0 O Q u s � c } N W W N x J Z 1- 0 N NNY11nNNNNNIn Gd 2111 'J' Q A A n A A n A A n A A w < A m J 0 0 0 0 0 0 0 0 0 0 0 Wo 1260 J O O O O O O O O O O O C O E O w p 0 0 0 0 0 0 0 0 0 0 O 00 4 x N U L] u < < > > N E c x u 000, NM,, P m Wo00 N v v v W OONNNNN O ' O»PPP 1000 N MN �i N OOOe-.. �0 MOO wMo OCO N Ol-IN.IM rIAAn nl+d OIO O p CCrc ¢(GKOOOOOCp 0, Om Oln O OQ<Q4QNM MIp4n OM OV O N w Q 6 I 1 I 1 I 1 1 1 1 I 1 I 1 1 1 I 1 I 1 I I I 1 1 O O f �t Ar�rM�f v� V O O r r BMW N O O M M 0 O �A m O O N N NNr�tmPP �t O O In M .t f 1n V M M O O N.f V O O M M 0 NO-O P m m m m NCO m r r N N OMO OONN m m m � � MMO N Y� 1n M N m m Nr P W 2 d J J MM J J J f f as F W } F O O 0 O H O u rc K I I 4 rc w rc W O U O >>>>>>> "o S O FO 6' O > C »»»> N GS C_ Z O Z Z N N N N N N N _ � U W W W w W I W Y > U > UUUUUUY > > H > H H H H H H H H J W 1 K R. p'OC OC p'CL OL J H m F F-F1-1-Hf F- O J L u u u u u u u u K p H W W W W W W W W } 6 K W W W W W W W W p N N V r V r O O 1 0000000 O O I I 1 1 1 1 1 1 1 I I P M N N N N M M M M M O I I 11 1 1 1 1 1 I 1 N O 1 I omoo 0 d O O O O 0000000 0 O0 00 O O O O O O 00 O O In O In InArAAr O � 1 I I I 1 1 1 1 1 1 1 r m r O N 0000000 O o 1 W 1 m m m m m m m m m 1 1 O O 0 0 0 0 0 0 0 I C W 1 O O 0000000 I \F- 1 N N NNNNNNN I Y < 1 \ \ \\\\\\\ I u c l O O 0 0 0 0 0 0 0 I W 1 N N N N N N N N N 1 Y 1 M M M M M M M M M 1 1 O O W0000000 1 Y 1 H 1 Z 1 O 0 c 0 0 0 0 0 0 0 I m 1 O O 0000000 M < 1 I Z Z o H I 1 0 0 NNZ I I H m 1 •0 1 r 01 O Z I 6 4 LL I I O O O "1 p 1 H H J I 1 F K QIWCOI KN WN mNNNNUI YEN a0Y 1£ W Z 1 w N .am} H N N N N Y I Q S 1 m r r r A r A A A A 0 IZUu 1 O J O J O O O O O O O O < 1 O 1 40 40 0 0 0 0 0 0 0 0 N IO 140 MO H0000000 \JzIo> I w' O PHI O I < w W \M10 I W I Q S w M L 1> 1 x H O w<1 1 J 1 1 M W £LLI Ou I O mN P�Nwwwww m401 ZH I dm <= 1 001 NO Pr NYN,O0000 pm} 1 0>Z I Om Nd OV1 ..HHH W O H 1 Z Z 1 O, Om O� M m m m m m y y H I W H 1 Om OP O M P< 4 4 4< mmu 1 > 1 00 O� O,�»»> J J J J J 0 0 0 0 rc s rc 4 K K < C O L O O L 0 O O S C G L G C Z w Z Z w Z Z W N W 1.J W N W UU W > > > > > ww > J N J NN J J O W O WW W ww C J 6 Z Z 00 «< < < < xx �-js p IJ d 6p V N N O D O N N v 0 O O MN I I I V vl vl �t d m dot P P NMN O N O NN I � 00 Oa O O O O O O 00 000 000 O O O 00 O O O 00 I I I I I I 1 1 m I m I mm m O 11 " O I N e' NN m m mmm m m m mm O O 000 O O O 00 O O 000 O O O 00 N N NNN N N N NN \ \ \ \ \ \\ O 0 00 O O 00 N N NNN N N N NN \ \ \\\ \ \ \ \\ M M M M MM O O 0000 0 0 O O wo 00 W O O 00 O O NO 00 O O 000 0 O O WO 00 c 4 W W J S Z < o u LL LL o H a- A NNN N KN NN J ry �} w4I11 � N M r } A r r M Z A < M u A r u O O } 0 0 0 O O 3 0 00 m O W000 w 40 ZOO x 6 NO J000 p mO Om 000 O 4 x Y W N N Z H 6 d < 2 W W > } r m ON rm OANM SON n MN � O M M NM In VM � M AD M inNl` P m0 NO OV MO 0lnl, 00 PEONN N m ON OO ONN P M m O Ow Nil N 00 Opt Ommr 00 N Or 00 u o 00 00 ONNN 00 00 Q= n ON Or O�tdd ON 00 00 ON OM= 0 OLD, M O a 6 I 1 OO t0 M N �O •O O O V N '- M O• . . 1`10 M P P O O 4 N� WM N A A h N O OM e- N N•D 00 A v # # # Z # W J J J JN# W O 0 W O W O=# \ r N r Q r J rr# Z y U W M# r W to # O 0 u 0 u 0 H ox# S G U IL W# N Z Q z I z \ z d# U6 W W U W W WK# > r T > > Z >W# N I 0 1 W N O # Z Z S J# WQ W 6 Q# zM w Z r# 00 r O N O# SW 2 S d r# dx M 6 O J Q NN N n N r N N N O 1 I I 1 I 1 1 r vv v v v o • Z N N N 1l1 Q 1 1 1 00 O O 0 1 t t t O I I 1 1 1 ro 00 0 0 1 W I LD EO 1 o W I 00 1 \r I N N I Y Q 1 \\ I U o l 00 I W 1 NN I S 1 \\ U I M M 1 00 1 Y 1 z 1 00 m 1 00 M 6 I 1 O M I I Q Z I M M 1 •O 1 Z N O1 . 1 LLI 0 O H I d 1 LL J I 1 M Q I W O I J PM UIxw21 Q4N 00 I QS 1 u0 0 •1 ZU I 0 0 O 41 o 1 Z00 N r 1 0 I 000 \J Z 1 O> I N O P M I I M NMOIz 1 d' \O 1 W 1 W Mz I T 1 > o lea 1 I J 1 I C •• I W I N W x O I 0. 1 O NM 1 zM 1 PNN <W I O O I N i l d N Y 1 > Z I Nil wOrIZZ 1 ONN ee ¢ M I w H I O A A d 6 U I T 1 O A A O O O N N N O O O N N N M M M O O O O O O O O O Q u N W J W LA K N. A 3 A 0 O o zo 00 N MN N A N W W K M H N N H CL T P y NM O M O V 045 x O O O O N N P P d .t H 1 1 Z I OC 1 W O I S O I A u I U Z I o u t o I o a 1 0 1 O 1 > 1 1 I 1 I 1 I 1 I I 1 1 1 I I 1 I 1 I r 1 1 z I I N I 1 f H I 1 N N 1 C 1 W K I C L I M O Y I Z Q I N LL Z I W 2 1 Z ..a 1 > 1 0 m J m l 1 N 4 I 1 f1 u01 1 J O I 1 J m <m 1 1 Q O Q I C •• I 1 W L LL O I 1 M m aool 1 e QK I Y 1 N 0 WYY I U 1 A I-z 1 WO I r rcQISZI ,L n.nUm 1 u I 046 1 1 W 1 1 � I 1 C W I 1 \f I 1 Y 1 d P w I 1 ,MOIZ 1 O 1 W I mzI > I O W 6 I 1 JI 1 O •• I W 1 WLLL I Ou 1 < O 1 Z w 1 4K I 001 G N Y I Z I W O z> I Z 1 K6 I W. 1 n.au I > 1 O M t0 O O M Or O M 00 A r 047 LPN I O •O I I O O O a0 O m N N P O O \ I YJ I O O O A N O P N P O m m I U 6 1 O I S O I n N N A N •O N a0 •D N WNW 1 U!- I N M m O N •O O W 1 I 6 L I 1 O Z I I 1 I W o I I 6 O 1 I d 1 .•. 1 WW 11-2 I Y 1 O 1 Z 1 Lw 1 0 1 Q C I 00 00 00 O m O N N O.O P N V m m m 00 wo •O r V N N m N N N P P 00 an 0 00 O 1 \1 OO OO OO OVONIA00N•ONNVr NN NN PP OO mm O U 1W.1 U I U N 1 00 00 m N P Pt- M O V N V r N r NN N N N P P M N O V V V M M 00 NN N 6 I Zw 1 rr NN NN �N�V��nVVNNNnn NN m�Dm� O`O �O .O mm M •O •D NN N I QC 1 NN MM NN N 00 NN .-Pm mac• •O `O �� F 1 e-MM P MM 1 w O I I L I I W I 1 Cw 1 I 2 I 1 v I 1 I 1 I 1 I N M 0000000000 N M AI�N�ON 0 P 1 I O O V 000000000000 O ONTO �0 �0 �0 O O O N O 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 I I I 1 1 N } V ? ? N N N m 1 H I � N t-��e•��-� N N M L 1 Z 1 N r N N N N N N N N N N N N N N N N N N N N N N N z 1 o 1 V V �I I I I I I I I I I I I I �I �} N V V III I I I I �I �I Z I O I 1 I I 11 1 1 1 1 1 1 1 1 1 1 1 1 I i l l l l 1 1 I I 1 I YZ 1 Vu 1 N N n N N N N N N O O M00000 N I 61 O O O 1,00000 O O n 0 0 0 0 0 A A O O O Q I 1 M � N �� M M � M M M M M � !• V �f m I 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 I 1 I I 1 Y 1 1 O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O 1 1 C 1 I w I I H 1 I N 1 I w 1 I O W 1 1 0 0 0 000000000000 00 00 0000 0a00 0 0 0 00000wwww 0 a0 0 a0 0 C I 1 O O O O O O O O O O O O O O O O O O O O O O O O O O O O I 1 O O O 000000000000 O O 000000 O O O O O Y I 1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N W I H 1 V V V V V V V V V V V V V V V V V V V V V V V V V V V V U I C 1 \ \ \ \\\\\\\\\\\\ \ \ \\\\\\ \ \ \ \ \ I 1 M M M M M M M M M M M M M M M M M M M M M M M M M M M M W 1 1 O O O 000000000000 O O 000000 O O O O O J 1 I m 1 I a 1 1 Y 1001 a 1 •z 1 6 1 d I I I N I 1 z I C 1 O N V n r P V V V V V V V N N P P P V V V V V P P P P 0 I W I m M M N N N M M M M M M M M M N N N M M M M M N N N N M 0 1=01 n n n Annnrnrrnnnn n n nrrrrr n n n r n u Iuzl 0 0 0 000000000000 0 0 000000 0 0 0 0 0 u I= 1 0 0 0 000000000000 O O oo000o 0 0 o O o < 10 1 0 0 0 000000000000 0 0 000000 0 0 of 0 0 I > 1 I I u I I < O H H O N N W 1 I u rc O u 1 1 W 2 C o Z 1 I LL 1- 0 O Y w I 1 J m f w H LL 1 1 Q J W U S Q Q V C 1 S U -1f m O W 1 1 U J 6 1 1 N Q W m w I K 1 L J > w z 3 M z I O W 1 �- Z w w 2 K 1 O L 1 w d < w < w W OY I ZQ 1 O m z -1U d J J C 4 K LL Z I W Z I G O -1L Q 6 d w Q I> 1 d' OD V W H O w Vl 41 d O Jm I I 6 S rc u K z < Q 1 1 J N G V W W W W £ w C U O 1 1 w Y O! Q N N 6 d 3 J vi S 01 1 Q O O W O WI1 I m m V U G m w w J 6 6 d o «I I N J z LL I 1 \N w N I K 1 N M N `O P M •O `O P m M M V= J 1 0 1 N N N GO A V M N 'MOJ 1 00 1 V V N N N M \L W I z z 1 M U• < 3 1 W I O J 1 > 1 0.. 1 1 WLLLOI 1 N M �t N V A m P O N c Q00 1 1 V V V V V V V V V N N N « IV 1 N N N N N N N N N N N N d OYY I u 1 r A A n A r A A A A r r W O H Z I W O I A n A n n A A r r r r A a dUwluI �cz A f"` 04.E NOV 1 I O O O d P O O O O m I U < 1 WNW I uH I. m W I I a L I O z I I O Z I I I I < Ww I I I ILO I JL w I I O 1 Z Z 1 1.1 w 1 O < I it % it K it it �1 it it ♦< H 1 01- 1 Z I Z W I O I< W 1 O 00000 00 41 MP 00 00 cc r O, N O O 1 \1 O N�W)NCO 00 rr 00 PP MM 00 NPOON u I W u l . . . . . U 1 Uy I N O��ONM NN Q II N P A N P N mm NN 1m MM 00 ww MM NN wmm�P 1<m1 V m n NN f 1 1 H 1 v J ow M 1 M0 I e- �- 1 L I 1 W I I <w 1 I Z I I v I 1 I I I I I 1 NNNN O P N O N NNNNM�tPPPmNN N No,• I I 0000 O N O O N 1 1 1 1 1 1 1 1 1 1 1 1 1 1 lilt l t I I Jill I 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I I 1 1 I I 0000 O •O •O M •O «t-v-MO,,MO,, t-OM N W I 1 m 1 1" I �tm N P NNNNl^l^MMiAinNN N�� L 1 Z I N MNN M N N O M NN M M N N N �i N 1 �6•1 .1 �1 �1.1 1 .1 .l i e •l �l �I I l�l �T Z 1 O I 11 1 1 1 1 1 I 1 11 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 U I N N N N O N N O M Y I u 1 MO OOOO O O O O O 00000 000000"1 O 0000 Z I I 1 O O O O O O O O 000000000000 O O 0000 I m m m m m m m m m m m m m m m m m m m m m m m m m m m I 0000 O O O O O 000000000000 O O 0000 1 0000 O O O O O O O O O O O O O O O O O O O 0000 1 N N N N N N N N N N N N N N N N N N N N N N N N N N N W 1 mmmm \ \ \ \ \ \\\\\\\\\\\\ \ \ mmmm � 1 vvJv J J J J v JJV�t Vet Vet �t �tVd �t O �t �1 �t �t O 1 mmmm \ m m \ \ \\\\\\\\\\\\ \ \ mmmm 1 M M M M M M M M M M M M M M M M M M M M M M M M M M M I 0000 O O O O O 000000000000 O O 0000 Z 1 < 1 PP.id 0 1 W 1 N N M M O I x 0 1 A n n n u I U 2 1 0000 u 1 0 1 0000 < 10 I 0000 I > I 1 1 y $ I I O I 1 1- -1 1 1 O I 1 y I 1 1 O 1 1 2 < 1 I M m I< 1 m LL M 1 0 W 1 LL < 1 O L 1 < O OYI$ 0 I J I Q < 4 1 W U 0 1 x U' 0 I IL m �< 1 6 6 o aa1 1 o WW1 NJZ I I O n M• My 1 < 1 M N ' M O J I C O I M \Z W I Z Z I M m Q I W 1 O J 1 > 1 o •• 1 W L O I 1 N M m4 WO 1 1 N N UITYIu I n A w01-ZIWOI A r == + u J O I -I J J Q L O O z y z U < W J 2 C U f• y N Z J O H LL O 4 < W < w u r x Y U W 6 w 6 w W K J LL < J 6 6 < N N H N n A P O O N O N N N N N M d N O n m P N Jr, m N IA N N N N N N N A A n n r n A n n A n A O N N N N r A A n n n 049 M P1n I 1 O`O 1 1 O (O I u < 1 O I Wf I M O I S O I P W N< I V f l O U W I I 6 m I I N a L I I 1n O I I o O 2 I I N 1 1 < I I Ww I I 6 O I 1 a I z 1 (9W 1Z1 Z< IzM 1 ti I O < 1 F I O1 Z I LW I 1 < < I O O I �I t U I W U 1 U I U N 1 M < I Z w 1 P I < c I O 1 1 N 1I " n Iz0 I 1 W 1 1 <w 1 1 Z 1 1 V 1 1 1 1 I I I I I I I 1 1 I < I I W I 1 RI 1 H 1 J L 1 Z I 6 Z 1 0 1 O I u I f Y 1 u I Z 141 w < I 1 Y m I 1 U I I W Y I 1 S f0 I I u I � I O Jw l I 6 1 1 u O 1 1 ID I I O < I o •• 1 1 W Z O 1 1 < <0 O I I < < 1 Y I 6 W Y Y I V I I WO I ww.<I Z Z I 16UR1 I U I 9. (j 050 i i I 1 O O O O O O O00ONNO•OP N.t WeD w O 0 w w A�tN NODb N N N P Y 1 O O O O O O O�tONAOON�ON NAY A N N O O dM�t NCO �i P N N P u r I WZ I O O O O W M 20 1 A A N N N N N <N<.f«A�1dNNN A A N Naw.D Vw .0 wUO 1 N N M M NN N w O O N N P00 11 1 .0 `0 L I Q I < < N N < N < < M M < P M M I M P .-I 1 < M Cf I Z I m O 1 W 1 m I > 1 O 0 4 1 I J 1 I WZLLIOu I KQO 1 Z00 1 1 ,LoY I D>Z I W o r I Z Z 1 1 6 d u t> I r Z Y < J z x > Q Z J J W J VIM W W J Y J J J W J Z 6 Z M r O r Q r £ W W r w r r r W r 6 O w O W O I S az S E O OG O O O 6 O N r r r r J r aY 1 S N W C I:J r r r 6' u WV'J ZrWZG z Q 2 Z W � W OJ O d'. 6 d' W N r 0 0 4 0 0 u 0 woo Mw 0 WNN iW.y tO .I O 0 O O uuuUuu 0 O r O 0 a Z O G 6 O S �r I Sr r C r c G »»» W O W W Z � Z d Z ZLV6 QZIfJ < Z N Z Z NNNNNN z L Z> W Z W N W r0 I QNr U• OGU U• W I W W W W O Z > Q > > O.+VCLZO.+.-IJ> .•1 > N > > u.Uuuu > u > u O O: Q gLr>r.. c III M W O Z w 6QN d=4 ZOL > MWW=NM �W= 3 2 Z 1.0 d'r .n Wrd'6.-I J N rrrrrr r O U W W W.^I U•WVW C2W.+ d u Z O r s6'OSQd'r V.. l-cO 6 N w w w ww w W z Z O Z MO[JW K�-INWQ6WZ 6 JJJ J J N < LL.-. 01Nr W�-CL3EN N l0 WWw wWW W 3 M N < M N N<N•ON< O O d 000000000000 O ' �0 O I 1 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 III I I O O O O O N N N N N M d d �. N < N N N N N N N N N N N N N N N N N N N N N N N �1 �? �? NNNNNNNNNNNN �T �t d�1 t �1 �iN N N 1 I I 11 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 I I N N N N N N N n N N O O N O O O M M M M M M M M M O O O O O o O M A N 0 0 o AAnnAnnnnAAA o 0 ooOOon r A M < N < < < < < < < < « < < M M M M M M M < < < 1 I 1 11 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 I I 0 o O o 0 0 0 0 0 0 0 0 0 0 o O o 000000 0 0 < Y J M J >a0 W oON WCOWWt0 C000WWW 00 NMM00 Na0 w w O O O 000000000000 O O 000000 O 0 O 6 0 O 000000000000 0 O O o o O O O O O N J N N N N N N N N N N N N N N N N N N N N N N N N \ J \ \ \\\\\\\\\\\\ \ \ \\\\\\ \ \ M W M M r M M< M M M M M M M M M < M MM M M< < m M QM M C000000000000 M M 0000000mmmmmm M rM M O O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O N 0 0 0 0 0 0 N O O O u O O r w 0 0 0 0 0 0 0 0 0 0 0 0 c Z O O 0000000 no O •O LLp O 000000 O O J O Q C Z Z s w o J 0] r rO. rl Q J W U 2 Q Q 2 u J r N 1•J M N Q C d Eo J.0 d >AAP�f �f �}.t d �tV NN M P YP Kit .t �t �f DTP cP P M K M 00 O) 0 J O O O O O O O O O O O O u o 0 do J O O O O O O Jo O no 0 00 J O O O O O O O O O O O O O L O Q 0 0 0 0 0 0 Q O O K O wo u 0 W 0 0 0 0 0 0 0 0 0 0 0 0 1-0 am .0 N O W w.000000 W W W J ny N Y p pll u Q N N d d Q O LL 0000 0000 00 W Q E J m m U uO0000 00 O 010 .•1 M N Non <M O `0 •0 �0 .0 Nn nv N4NN O N N N N N N N N N N W O � A N aOV dam? ««N« �? EOM PNNNNNN M< NN M00 N PPPPOPP P Mn `00 ,a < O < P N O O O <<<< O<< NOOO 'N N0»»p N O O O O O O O NO A O dM OM d< o.o �o .o aOAnnnn.-IAA a m Oa0 ON Ow.... .. .-I �+ OR Oft NA 00 O< OP 0000«0000S00 01 00 a=o:= d'S Oa 00 OW OM O.O am OP OQ66Q Q< ON OM 00 00 0< O o 0 0 A A 0 0 0 0> 0 0 00 00 O>>>>>> Ow 00 �J� � 1 I O I I O I I N 1 I \ 1 I d I I I \ I I M I I O I 1 I 1 I 1 W I 1 r I 1 Q 1 1 O 1 I I I Y 1 I u I 1 W 1 I S I I ru I I N I 1 N I I J 1 Z 1 a0 I 01 Q O 1 r l >N 1 L61 O\ 1 W M I K V 1 r K l d\ I N 1 Q M I W 1 O I O 1 W I 1 OC •• 1 1 J 1 1 r0 1 1 M 1 I G N 1 1 Z 6 1 I W I I d X I 1 W 1 1 r Z J O OZ Q I Y 1 I 2 I I m 1 N Q 1 I M 1 I Z 1 P 1 •O1 N 01 O Z I LL I 1 O M I 6 1 J I 1 41 W 0 1 V 1 EW 2 I OD 1 6 x 1 O .1 ZU I O 41 J I N I-swo 1 H \J I O> Z > 1 M P M I O 1 W \M O I W 1 O M L 1> 1 J 0041 1 J 1 I O •• 1 W I WLLLIOU I •D K 4 0 1 Z M I P Q d 1 0 o I h l- I O>Z 1 N worizz I o OC L[M I WM I O 6 d U I> 1 O P O O O O O O 0000 O O 0 .t .Y P P O O MMOIAd OI P O O a0 00 O O NaO �iN �O O O h h O O P P M M MM•OM Oa-M M O O N N M N O`O�VI M N N CD OD W V P P ODOONOO 00 •G •O N h N N PNnP � M M O O N 0M M MMPMdInN m 6 0 iI % it i0 # iI i[ Y 01 K J J J J J J J U J J r r r r r r r r r O O O O O O O 1- r O O r r r r r 0 r r a r r Z W O r 6 0 0 O 1-NNNN K 0 to U K O W E O V U V u O0 O Q O 1-0 0 0 O S O O G »» G I C K N O Z U Z Z d z NNNN N z z r N W Z W W W W O W Z W I W Z W > J > > S > rrrr > > O > N > M > J N U U U U u W C Q Q Q Q W J O d' W OC OC 6' 6' OC OC J Q Z W m rrrr W d r L 1-E ZZZZ d r 6 Z N 6 W 0000 W Q J W U 9 E U U V U C 3 N G 0 P 0 0 00O P N O N O 0000 O N O I 1 I I I 1 1 1 I 1 I a- •O 0000 OD •O M Y1 N 1!1 N N V 00 N 1� P NNMM N In O N I 1 I 1 1 I I 1 1 1 1 N NNNN O N N O O O 0 0000 O O O O O O O 0000 O O O O 1 I 1 I I 1 1 1 1 I I O O O 0000 O O O O O W DD wO00w w 0 W a0 O O O 0000 O O O O O O 0 0000 O O O 0 N N N NNNN N N N N \ \ \ u \\\\ • \ \ \ \ Z,Ma-M uM M fir l�r Mr \ \\\\ \ u \ m z m M M M w M M M M M Z M M O M p w p O Z O O O O 'O .0 O .0 LL O Z O O -0000 Z O 00 O .0 00 QO O rOOOO MO ZO 0 >0 Z J J O J W M 0 r LL 0 > r M N W J J u t J J Q W U C O r r z z H z N 6 M Q W U' P 3 P O LL J O S O P D P Z N N M LL N N M N N M M r M N N .N w A A Q n h h A Z h -,N A MN O C O O 1-0000 00 40 O K O MID J O O H O O O O .0 W O O 40 hO dp O 0000 NO SO wO JO Q M S O w L M 6 U W d W J N x 0 ILA -1LL Q x M rc a a 6 6 d M P n O n M AIn AO Pr ON a0 W MM In NOD ON NN N� InA �10 MM InO e-•O .O ODD AO ADO ad N NO M, OnMAM N, OP OA r, OM Om O- 000 ON A Opt Opt Om ON OM 00 on OM C,An� ONNNAI am OM 000 00 ON 00 OIn 00 ONNNN 00 ODD Or Or- 0, Od O M �1 r Q J IJ Q J M r O= O OQ L r d M Y J d W K O mt0O= O LL:LJE Z 1 1 1 1 W U U U U u V V N VINNNNN W W W W W W W Z Z Z Z Z Z Z 0000000 S x x x x x x 6 6 d d d d d Mgt PWNNN O N, N N N I I I 1 III M �t �idV Vd �NNIl� N Y1NN�� 1 1 1 1 1 1 1 00Il 0000000 0000000 M MMMd.id 1 1 1 1 1 1 1 r r 0000000 M M M M M M M M LLAnnhhhn M O O O O O O O u o 0 0 0 0 0 0 a0000000 6 J r O O O O O O O 1 1 1 1 1 1 1 O CO 00 Na040 QO OD N NN1l�N NMN o hnhnhhr M M M M M M M M O P P P P P P P 00000000 o nnhhrhh 052 M 1 I I O I O I w I V I N Z I M N 0 1 0 W C 0 I O 1 7 I O I L I 6 1 C Q I N 6 11- Z I N I LL Q I I W S 1 1 i 1 I I I I I I I I I I 1 I 1 I OO O O O NAO Oct 1 Y I Ommmm O O 001nP vId 1 I wI zNO m m MImM I S J 1 V MN N MM N N N N N M � wm m P P 1 u01 PNc- m O 1 £ 1 Q I M N I I N I I I m I 1 O I 1 O 1 I N 1 1 \ I I d 1 I 1 \ 1 1 M 1 1 O I I I 1 W I I it H I 1 Z it *41% I I M ra {I Y I I J J J 1- W JN{1 U I I 6 Q Q S \ Q W At W 1 I H 0 0 m Z M 2 I I O w O O=*Oi1 N I N M N I I m 0 0 X Z OO* J 1 Z 1 O J �+ Z*it m 1 01 C C G d S C W K JO 1 1r1 Z w Z Z L N WX* QO 1 FI >uuu�w>>>> W< W W O UQ WXit > N 1 L d 1 > > > > > > Q > > U O\ I WN I NNNNN } d' IM it Kd I fu I I Q N6' Z Jdt d� 1 MU1 WWWWW W Z fQWQ Q�1 d\ I .1 Z J M 0* 6M 1 w 1 00000 m L 0 oG O 1 Cl Q W d O S W I-f K W 1 1 6 1 6 6 d tl N N J 6 Z C •• 1 I J 1-LL 1 1 Q Y-O I I NNNPP N �O PNo 0 1 1 till] l l] 1I I a1 1 1[ O z N I 1 I I I I I I I 1 1 I I F- Z6 i I W I I �t t V �Td vI 1n d.Tdd c d I I Z X I I YINMt-Vl e- Q W 1 1 ,NMM M YIN�M K 1 1 1 1 1 1 Ltd dot N I 1 I 1 I 1 I 1 I 1 I I till I = I NNddd M m000 I Z 1 00�00 O 0 0000 I O 0 1 O O O O O O O 0000 1 OZ 1 Vet 11,nn A N MMd 1 u 1 11 1 1 1 I I 11 1 l 1 1 U 1 0 0 0 0 0 0 ll I Q I 0 0 0 0 0 O O 0000 I I I I I I I W 1 0m a0 00 1 00 1 00000 00 O 0 0 0 0 0 I c w l 0 0 0 0 0 O O 0000 I \F• I NNNNN N N NNNN 1 1 UC I MMMMM M M MMe-M 1 W 1 Nt-..�r �e-�!• I U 1 O MMMM M M M M M M M I 1 1-100000 O O NOON I Y I H 1 Z 1 Q o 0 0 0 0 0 O 0 0 0 0 I m 1 u00000 0 0 NOON N Q 1 1 ua w l 1 Z Q Z I 1 W r P 1 •O 1 -1L 0 Z N I . 0 Z 1 £ m LL I 1 O Q o r11 d I u u LL a J 1 1 F Q I WOLO I uMe wm O <Mm Pit u I L w Z l w MMmmMM M W M M 6 M M N M m I Q S 1 LL A n n n A Z n Q n u Ann n 0 <1 ZU I -00000 0 LO 0000 O Q I o I u o o o o o <O ¢ 0 Z 0 0 0 0 N HICo 1 a00000 so ao 00000 \J Z 1 0> I d I N MP.ICI 1 W W U M e D IZ I J £ W m m 0 1 W 1 W w M M 1> 1 H F 7 > O N J 1 1 00000 CI•• 1 W 1 I I 1 1 1 O,mP W£LLIOu I om0pmmm �w .t coVwo W. O 1 ZM I NYIVINY UN 'm < = 1 0 0 1 O A A A A n ow d 0 N M N P N d m} I G> Z I M MMMM M OHO M r N 1 1 1 1 WOH 1 ZZ I OPPPP P" Oo Or O�vI �tA ww. I w. 1 000000 Opt OM ol` t d d U 1> 1 O n A n A A 00 00 O n Min n A ij„ 053 COUNCIL/RDA MEETING DATE: April 1, 2008 ITEM TITLE: Adoption of a Resolution Accepting a Donation from the La Quinta Historical Society for the Museum RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I - STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a donation from the La Quinta Historical Society (LQHS) for the Museum. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: LQHS would like to donate $1,500 to La Quinta Museum for the purchase of equipment, which will include a lectern and quality digital scanner to be used for the archival materials. These funds represent funds raised for the Museum through recent LQHS events. The equipment will be used to further educational community programming. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council accepting a donation from the La Quinta Historical Society for the Museum; or 2. Do not adopt a Resolution of the City Council accepting a donation from the La Quinta Historical Society for the Museum; or 3. Provide staff with alternative direction Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager A.� 055 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM THE LA QUINTA HISTORICAL SOCIETY FOR THE MUSEUM WHEREAS, on April 1, 2008, the La Quinta Historical Society generously offered a cash donation of fifteen -hundred dollars to be given to the La Quinta Museum for the purchase of a digital scanner and lectern; and WHEREAS, the donation was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the cash donation to purchase equipment for the La Quinta Museum; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of April 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California s.U!1 056 Resolution No. 2008- _ La Quinta Historical Society Donation Adopted: April 1, 2008 Page 2 ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California s_Ol: 057 o� o� F`N OF COUNCIURDA MEETING DATE: April 1, 2008 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed by: CONSENT CALENDAR: 3 Jacqueline Matthews; Date of Loss — February 3, 2008 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Jacqueline Matthews, with a reported date of loss of February 3, 2008. FISCAL IMPLICATIONS: The total amount of the claim is $5,907.25. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Jacqueline Matthews with a reported date of loss of February 3, 2008 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: s: 053 1. Deny the Claim for Damages filed by Jacqueline Matthews, with a reported date of loss of February 3, 2008; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Jacqueline Matthews, Claim for Damages 059 02/25/2008 09:29 7607733091 PAINASSOCIATES 02/08/2008 FR1 14:00 Na 760 777 71U1 Clty tanager, L8 t IDU ATTACHMENT 1 FUWM CLAIM FOR DAMAGU oucu acso *of taQ" TO PERSON OR PROPERTY P.0 0=15m • laQuinH.CA97d53 - -- ' L cm�clae�m�,►�ur+vt�eabyeoomlpiopahoustneceeaottomrihm �eum�s� eiea�um+oc. gar.0olo S911T.) : C�ion&da�pnbrodpepoly�sl69 geaoot6Ee[ben 11ua'.ABeeM000mfanW. gGay. -: S. MESMvt; FOR MW 6TMP TECEIVED UAW N . � 2008 FEB ?5 PM 11 53 CITY OF LiA?UINTA C;-F1 oA6tu3EalwuRYomn3D2salba IommonQ�remae�e�deef ''s o jo X4�WS enanraan6omkagmerla �S►M9 a �cu�f,QefJ . 3t ,CDk�DObe'� J e+23Y Anti Slt 11� p � P.i �ccs;s Df W,.11p CC9RRt�/NSR�+JL.,D�ir(,% eNdddlww%eDAMG� IOWRYoa+med itl0 Ob✓/D uS .. Mo G rJ oZ00'7 onJ l ��k[7 r<�:r7� beak. 5600 rru(i,05 cv,fh Q D>C. � DOS - D I5 ini pAmALS th?7'q t-- �2 R' _S V ,l� NDFbe � X �Tft e c v�eeJs Q1JsA .Z.4.Q A)D /Y040&A-Oke /vO Wq-•r-L- TkTk (C'r) . ,� y1i~ , x� ,i�cJr,J��+fl�►-�, �k'wJ�—P�s 6 e,Q tP, P/iS� QzQ�iA)DOOS �tr2anie, Side Y1 lkkp2S,6,de ouniv2AFofi t:�w k-vO t O eopk�-; A-u i o naA oT r•Y, i N u S i`T Ltk)K " 4RW44 teP. ,� —�—�^~ ixstxnea eEsaiaEvets�sud 06o 02/25/2008 09:29 7607733091 PAINASSOCIATES 02/08/2008 FRI 11:10 FAX 760 777 7101 City tanager, La Mta PAGE 04/08 gumm TAawad deii4aeof Oe dab cipnmenhfian dfttf■fitA 6 WMWW as MmdaM3gesas far asRwar ti�InOdbdak(exxQ: �� Mump b . a Jr J Fve,.re ixln .h ala2 � r .�- Fdurebssofea■6ags andAa��...... a — .. a— s ardanmo,sb. ..................... a 4 T a red e.;............A n Cbnaddes ....................... ; . f T■Fald�Ag■sinamedbdak ..... a ,msaamo�taea■saa�bR'''m�' tl skbaab,Ono, aoh+oandeddlessdfdodadyoUfldalrFal. - xa�ne Adko phoin DDIMANWD Oocbr Adita oDd« "moo Ph= ' Pon1aris,AtnPa■k0o■iqumaa�emv;d fa>�d1�gMah■Ybl''aoaba4andaf�'��odlisevifad Eaetgoa9iattdkAkylnoedeRlltlt�7CrdLfAvAq h�'mdOepoYitdln{dPx• %babadCgbl e■ 1�r lm="�by 1 tsapwalek■daeatRnie fwem■pWP�4W� orprbidAe�l■u��M''arlbcaEondCglrodOedfSoeof' NW+�d01 LZ61DEWAUG OURS �S �F—� CORB •-'z. - BIDFWAJ.K ,oeo(t ...................... TymN21ne: ME f�IDNRiH CffYClt�lf (C,ar. CodC §815oj Paa afa falsed� b ataFsrY G'■a• �? • o �L S� See 091 02/25/2008 09:29 7607733091 PAINASSOCIATES PAGE 05/08 02/19/2008 at 02:39 PM 98597 Job Number: 2265 COACH==,& VAL'LET COUaSION SPSCIALXST IN License #: 24922501308 Federal ID #:208322167 42900 Madio Street Indio, CA 92201 (760)775-9800 Fax: (760)23B-5494 SUPPLSMEW OF R16MRD I WXTH aumxb= Written By: Ian Jameson 424922501308 02/12/2008 02:09 PM Adjuster: HH 290813005LD02042 Xnsurad; JACQUELINE MATTHEW$ 'MATTEM Claim #6935289857-01 rolic3r #ALLSTATE I24DEMNITY CO. Oawnemz JACQi7ELINE Leductiblee $500.00 Addresss 61-250 FIRE BARREL LA QUINTA, CA 92253-7946 pate of Loss: 02/0:3/2008 pays (760)771-5775 Type of Loss, Point of MgPacts Comp>.'ehengivs 16_ Non -Collision oupinesss (760)773-3075 %,aspect COACHELLA VALLEY COLLISION SPECI snsinesse (760!775-9600 Locati.ops 42900 MadiO Street Indio, CA 92201 Sasurance ALLSTATE CompwWt P.O. BOX 1800 Corona, CA 92879 20 Days to Repair 2007 HOND ACCORD EX 6-3.0L-FI 4D SED Charcoal Intl 6AUU020 Pxod Date: Osposatere 6085 VZAss 3.HGCM66557A102746 Lice _CA Tilt Wheel Air Conditioning Rear Defogger Telescopic Wheel Intermittent Wipers Cruise Control Theft Deterrent/Alarm Steering Wheel Controls Keyless Entry Console/Storage Electric Glase Sunroof Dual Mirrors Control Clear Coat Paint Power Steering Traction Power Brakes Power Windows Seat Power LOCkS Power Mirrors power Driver Seat D power Passenger Radio FM Radio power Truck/Tailgate sAm h/Seek earch/seek CD Changer/Stacker Stereo Anti -Lock Brakes 14) Driver Air.Bag Passenger Air Bag Leathei Seats Front Side Impact Air Bag 4 Wheel' Disc Brakes 5 Speei!. Transmission Bucket Seats Heated Seats Aluminum/Alloy Wheels Overdrive ------------------------------- __---- OP.------ DESCRIPTION QTY EXT. PRI('E LABOR' PAINT NO -------- -FRONT ---- -^------------- BUMPER blt _0 3.0 3 2% Rpr Bumper cover US & Japan 1.2 3 Add for Clear Coat 1 25.00 4# Repl Chrome License frame 5 GRILLE 1 66.85 0.5 6 Repl Grille 1 49.72 7 ROPI Grille surround 1 6.17 Incl- 8 Repl Emblem chrome 9 FRONT LAMPS 062 1 _ - A Wua i7rNvmwi dH NdZb=E BOOZ By qad 02/25/2008 09:29 7607733091 PAINASSOCIATES PAGE 06/08 02/19/2008 at 02:39 PM 98597 Qob limber: 2265 SUPPLEMENT of RECORD 1 WX Ovum&= 2007 BOND ACCORD Ex 6-3.0I.-FI 4D SED Charcoal. In':: ----------------------------------------`--------------------- NO. OP. DESCRIPTION QTX EXT. PRICE --- LABOR - PAINT ----- -- -------------- 10 �- -`------------------------------------------•----- RT HeadlampaS$y 1 229.90 0.4 11 'Repl Aim headlamps 0.6 12 Repl LT Headlamp assy 1 226.28 o.4 13 AIR CONDITIONER & HEATER 14**S01 Repl A/H Condenser 1 233.00 m 1.0 15R Subl A/C Evac & recharge Closed 1 8D.00 A 16 H00D 17* Rpr Hood 33.0 2.6 18 FENDER 19* Rpr RT Fender 215 210 20 Overlap Major Adj. Panel -0.4 21" Rpr LT Fender 1_5 2.0 22 Overlap Major Adj. Panel -0.4 23 R&I Mud guard 0.2 24 WHEELS 25** Repl RECORD RT/Front wheel, alloy 1 179.00 m .0.3 9 spoke 17" Enkei 26** Repl RECORD RT/Rear Wheel, alloy 9 1 179.00 m 0.3 spoke 17" Hitachi 27 WINDSHIELD 28* Repl windshield NAGS (direct bill) 1. 0.00 0.0 29 Repl We eal molding 1 9.07 Incl. 30 Repl Upper seal 1 1.17 Incl. 31 Repl RT Wiper arm 1 53.45 Inel- 32 Repl LT Wiper arm 1 54.75 Incl. 33 Repl RT wiper blade 1 11.32 0.1 34 Repl LT Wiper blade 1 19.58 0.1 35 ROOF 36* Rpr Roof panel w/sunroof 2.00 3.2 31 Overlap Major Adj. Panel -0.4 38 Repl RT Roof molding 1 44.25 Incl. 39 Repl LT Roof molding 1 44.25 Incl. 40* Repl Sunroof511ass USA built 1 D,00 0.00 (Direct bill) 41# Sol Rpr Precision mask back glass 0.5 424 Rpr Rt "A" pillar 0.5 1.2 434 Sol Rpr Lt "A" pillar 0.5 1.2 44 PILLARS, ROCKER & FLOOR 45 R&I RT Rooker molding SE,EX 0.8 graphite prl 46" Rpr RT Rocker molding SE,EX 0.0 1.6 graphite prl 47 R&I LT Rocker molding SP,EX 0.8 graphite prl 48 FRONT DOOR 49* Rpr RT Door shell USA built 1.55 2.0 5o Overlap Major Adj. Panel -0.4 51 Blnd LT Door shell USA built 1.0 063 2 Z XHd 1.'ar N"4 W'1 .141 - W.P4,:C tannv ei ear 02/25/2008 09:29 7607733091 PAINASSOCIATES PAGE 07/08 D2/19/2008 at 02:39 PM 98597 supmMIEN'A" OF RECO&D 1 wTTR S0tO RY 2007 HOND ACCORD EX 6-3.OL-FS 4D SED Charcoal Int: aob Number: 2265 -------` NO. --------------------` OP. ----------`----Q------- DESCRIPTION TY EXT. PRICE -` LABOR PAINT --- --- -•-----`------------------------------`-------------- 52 R&I RT Body side mldg graphite prl ----------- 0.3 53 R&I LT Body side mldg graphite prl 0.3 54* Rpr RT Body side mldg graphite pri 0.3 0.4 55 Overlap Minor Panel --0.2 56 Repl RT Upper molding LX, EX, SE 1 47.27 0.4 57 Repl RT Belt w'strip LX, EX, SE 1 41.73 0.3 58 R&I LT Belt w1strip LX, EX, SB 0.3 59 Repl RT Mirror assy USA & Mexico 1 195.88 0.3 0.3 built w/o heat graphite prl 60 Repl LT Mirror assy USA & Mexico 1 195.88 D.3 0.3 built w/o heat graphite prl 61* Repl RT Door glass Honda, USA 1 0_00 0.0 built LX 3.0L, EX 3.OL 9Direct bill 62* Repl LT Door glass Honda, USA 1 0.00 0_0 built LX 3.OL, EX 3.OL (Direct bill 63* Rnr RT Handle, outside EX & LX, 0_5 0.7 USA& Mexico built graphite prl 64 R&I RT Handle, outside EX & LX, D.4 USA &Mexico built graphite ptI 65 R&I LT Handle, outside EX & LX, 0.4 USA & Mexico built graphite prl 66 R&I RT R&I trim panel 0.6 67 R&I LT R&I trim.panel 0.6 66 REAR DOOR 69* Rpr RT Door shell USA & Mex blt 115 2.0 70 Overlap Major Adj. Panel -0.4 71 Repl RT Belt w1strip EX, I.X 1 40.30 0.3 72 RAI RT Body side x)ldg graphite prl 0.3 73* Rpr RT Body Side mldg graphite prl 00^3 0.4 74 Overlap Minor Panel -0.2 75 R&I RT Handle, outside LX, EX 0.9 graphite prl 76* Rpr RT Handle, outside LX, RX 0_4 0.7 graphite prl 77 Overlap Minor Panel -0.2 78 Repl RT Upper molding LX. EX 1 38.85 0.4 79* Repl RT Moveable 51lass Honda 1 0100 Incl. (Direct bill) 80* Repl RT Fixed glass Honda USA &_ 1 Dy_00 0.00 xexica built (Direct bill) 81 R&I RT R&I trim panel D.5 82 QUARTER PANEL 83* Rpr RT Quarter panel USA & Max blt 1_5 2.8 3 A..Vi �6t E'd xNd 13rm3sui dH Hd2t,:6 6002 6I qB3 02/25/2008 09:29 7607733091 PAINASSOCIATES PAGE 08/08 02/19/2008 at 02:39 PM 98597 Job Number: 2265 suppLaum OF RECORD 1 WITH SD.4A78RY 2007 BOND ACCORD EX 6-3.OL-FI 4D SED Charcoal IDt: - - - - - - - - - NO. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - OP. DESCRIPTION - - - - - - - - - - - - - - - - QTY EXT. PRICF - - LABOR -- PAINT ----------------------------------------------------------------------------- 84 Overlap Major Adj. Panel _4 85 Clear Coat 2.5 86 REAR LAMPS 87 R&I RT Turn & stop lamp 0-4 Be REAR BUMPER 89 R&I R&I bumper cover 1.0 90# Cover Car 1 12.00 914 Hazardous Waste 1 4.00 ------------ ------------------------------------------------------------------ Subtotals ==> 2088.67 33.8 28.1 Estimate -Notes - Customer requested to save sensor on w/shield. Parts Parts Discount S 1376.67 -5.0$ Body Labor 33.8 hrs 0 $ 38.00/br Paint Labor 26.1 hrs 9 $ 38.00/hr Paint Supplies Sublet/Mist. ----------------------------------- SUBTOTAL Sales Tax $ 2389.84 @ re)tiI)IO&C ADJUSTMENTS: Deductible ------------------------ CUSTOMER PAY INSURANCE PAY 2008.67 -66.83 1.284.40 1067.80 450-00 80.00 ------------- $ A822.04 7.7500% 185.21 ----------------- $ 5007.25 500.00 ---------------------- $ 4507.25 4 T'df 44a" COUNCIL/RDA MEETING DATE: April 1, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of Off -Site Improvements for Tract Map No. 32070, Codorniz, RJT Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 4 STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to May 30, 2008 for Tract Map No. 32070, Codorniz, RJT Homes, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Codorniz (Tract Map No. 32070) is located on the southeast corner of Avenue 52 and Jefferson Street (Attachment 1). On November 3, 2005, the City and RJT Homes, LLC entered into a SIA for Codorniz. Section 6 of the SIA requires: "that the subdivision improvements shall be completed within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " On April 17, 2007, the City Council adopted a Resolution granting a time extension for the completion of the off -site improvements as specified in the approved SIA to December 31, 2007. In a letter dated January 2, 2008 (Attachment 2), the developer stated that approximately 80% of the sewer and perimeter wall improvements are complete. The remaining off -site improvements include 50% of the meandering sidewalk, landscaping, and all the street improvements. The developer is requesting a time extension for the off -site improvements to May 30, 2008. Staff has prepared the attached resolution which provides for approval of a second time extension of the SIA for the off -site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to May 30, 2008 for Tract Map No. 32070, Codorniz; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to May 30, 2008 for Tract Map No. 32070, Codorniz; or 3. Provide staff with alternative direction. Respectfully submitted, 6z aioo�� TA othy R. J nas , P.E. Public Works Dir or/City Engineer Approved for submission by: Z�Y4_�� "04�� Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from RJT Homes, LLC, dated January 2, 2008 m_0"1 0�7 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO MAY 30, 2008 FOR TRACT MAP NO. 32070, CODORNIZ. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32070, Codorniz, on November 3, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by December 31, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1 . The time for the completion of off -site improvements as required by the approved SIA is extended to May 30, 2008. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on May 30, 2008. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. 9_� 0 6 3 Resolution No. 2008- Tract Map No. 32070, Codorniz Adopted: April 1, 2008 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1' day of April 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California s_0' 069 ATTACHMENT 1 TM 32070 CODORNIZ SITE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: April 1, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time of Completion of Off -site Improvements for Tract Map No. 32070, Codorniz, RJT Homes, LLC APPLICANT: Mr. Chad Meyer, RJT Homes, LLC ATTACHMENT 2 RJT Homes-Codorniz, LLC o M z s January 2, 2008 RECEIVED Timothy R. Jonasson P.E. JAN Public Works Director/City Engineer 78-495 Calle Tampico PUBLIC WORKS La Quinta, CA 92253 RECEIVED Re: Tract Map No. 32070, Codorniz Subdivision Improvement Agreement (SIA), On -site & Off -site JAN 3 12Q�8 Improvements r1r� Mr. Jonasson, 0evefoRn"t Se On-Site Status: Grading 70% Street 60% Sanitary Sewer 80% Domestic Water 80% Storm Drain 80% Private Drives, Ped Wall, & Yard Drainage 80% Dry Utilities 80% Monumentation 0% RJT is requesting an extension of the On -site (SIA) to be December 31, 2008. Off -Site Status Sanitary Sewer 80% Street and Storm Drain 0% Meandering Sidewalk and Ramps 50% Walls 80% Landscaping 50% Signing and Striping 40% The Off -site improvements (specifically 52nd Ave.) will start in April of 2008 and for that we are asking for an extension of time to be May 31' 2008. Thank you fo onsideration, Chad Meyer RJT Homes-Codomiz, LLC Project Manager (760) 559-4031 P.O. Box 610, La Quinta, CA 92247 (760) 564-6555 FAX (760) 564-6505 A, 071 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 1, 2008 ITEM TITLE: Adoption of a Resolution to Extend the BUSINESS SESSION:-!! Time for Completion of On -Site Improvements for Tract CONSENT CALENDAR: 1 Map No. 32070, Codorniz, RJT Homes, LLC STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to December 31, 2008 for Tract Map No. 32070, Codorniz, RJT Homes, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Codorniz (Tract Map No. 32070) is located on the southeast corner of Avenue 52 and Jefferson Street (Attachment 1). On November 3, 2005, the City and RJT Homes, LLC entered into a SIA for Codorniz. Section 6 of the SIA requires: "that the subdivision improvements shall be completed within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " 072 On April 17, 2007, the City Council adopted a Resolution granting a time extension for the completion of the on -site improvements as specified in the approved SIA to December 31, 2007. In a letter dated January 2, 2008 (Attachment 2), the developer stated that approximately 80% of all the on -site improvements are complete. The developer requests a time extension to December 31, 2008 for the remainder of the on -site improvements and setting the monuments. Staff has prepared the attached resolution which provides for approval of a second time extension of the SIA for the on -site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to December 31, 2008 for Tract Map No. 32070, Codorniz; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to December 31, 2008 for Tract Map No. 32070, Codorniz; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. nas o , P.E. Public Works Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from RJT Homes, LLC, dated January 2, 2008 a 073 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO DECEMBER 31, 2008 FOR TRACT MAP NO. 32070, CODORNIZ. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32070, Codorniz, on November 3, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by December 31, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of on -site improvements as required by the approved SIA is extended to December 31, 2008. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 31, 2008. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. A 07i Resolution No. 2008- Tract Map No. 32070, Codorniz Adopted: April 1, 2008 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1s` day of April 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California �. 071 ATTACHMENT 1 TM 32070 CODORNIZ SITE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: April 1, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time of Completion of On -site Improvements for Tract Map No. 32070, Codomiz, RJT Homes, LLC APPLICANT: Mr. Chad Meyer, RJT Homes, LLC s_,_ 076 ATTACHMENT 2 RJT Homes-Codorniz, LLC yi O M 95 January 2, 2008 RECEIVED Timothy R. Jonasson P.E. JAN 0 9 Public Works Director/City Engineer 78-495 Calle Tampico PUBLIC WORKS La Quinta, CA 92253 Re: Tract Map No, 32070, Codorniz RECEIVED Subdivision Improvement Agreement (SIA), On -site & Off -site JAN 31 2Q0g Improvements DBvelopm"tS@ryk Mr. Jonasson, On -Site Status: Grading 70% Street 60% Sanitary Sewer 80% Domestic Water 80% Storm Drain 80% Private Drives, Ped Wail, & Yard Drainage 80% Dry Utilities 80% Monumentation 0% RJT is requesting an extension of the On -site (SIA) to be December 31, 2008. Off -Site Status Sanitary Sewer 80% Street and Storm Drain 0% Meandering Sidewalk and Ramps 50% Walls 80% Landscaping 50% Signing and Striping 40% The Off -site improvements (specifically 52"" Ave.) will start in April of 2008 and for that we are asking for an extension of time to be May 31St 2008. Thank you fo nsideration, Chad Meyer RJT Homes-Codorniz, LLC Project Manager (760) 559-4031 P.O. Box 810, La Quinta, CA 92247 (760) 564.6555 FAX (760) 564.6505 07�7 �fl 7 TuN'oF4galnfa COUNCIL/RDA MEETING DATE: April 1, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site and On -Site Improvements for Tract Map No. 32225, Santerra, G5 Enterprises, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site and on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to May 14, 2008 for Tract Map No. 32225, Santerra, G5 Enterprises, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Santerra (Tract Map No. 32225) is located on the northwest corner of Avenue 58 and Madison Street (Attachment 1)• On February 14, 2007, the City and G5 Enterprises, Inc. entered into a SIA for Santerra. Section 6 of the SIA requires: 'that the subdivision improvements shall be completed within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " It 073 In a letter dated February 22, 2008 (Attachment 2), the developer stated that all improvements are complete. The developer requests a time extension to May 14, 2008 for preparing as -built plans, setting the monuments, and approval of a lot line adjustment. Staff has prepared the attached resolution which provides for approval of an extension of the SIA for the off -site and on -site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council to extend the time for completion of the off -site and on -site improvements as specified in the approved Subdivision Improvement Agreement to May 14, 2008 for Tract Map No. 32225, Santerra; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site and on -site improvements as specified in the approved Subdivision Improvement Agreement to May 14, 2008 for Tract Map No. 32225, Santerra; or 3. Provide staff with alternative direction. Respectfully submitted, 0Ti othy R. J nas n, P.E. ublic Wor Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Villa Sienna, LLC, dated February 22, 2008 073 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE AND ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO MAY 14, 2008 FOR TRACT MAP NO. 32225, SANTERRA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32225, Santerra, on February 14, 2007; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by February 14, 2008, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and ' WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of off -site and on -site improvements as required by the approved SIA is extended to May 14, 2008. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on May 14, 2008. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. Resolution No. 2008- Tract Map No. 32225, Santerra Adopted: April 1, 2008 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15L day of April 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California A' 081 ATTACHMENT 1 TM 32225 SANTERRA PROJECT S/ TE 54TH A VENUE W W AIRPORT BLVD. 58TH I AVENUE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: April 1, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time of Completion of Off -site and On -site Improvements for Tract Map No. 32225, Santerra, G5 Enterprises, Inc. APPLICANT: Mr. Greg LaMarca, Villa Sienna, LLC e.' 082 ATTACHMENT 2 S a n t e//r" ra&loom ®� February 22, 2008 Tim Jonasson, PE City of La Quints P.O. Box 1504 La Quinta, CA 92247 134 . . Villa Sienna LLC 9434 Tea Tree Lane San Diego, California 92129 Phone (858) 832-1120 Fax (858)832-1130 `E4r"�.' 6��F, I am writing this letter in response to your letter dated February 1, 2008 requesting the status of completion of our Site Improvements as they relate to our SIA's with the City. We are hereby requesting a 90-day extension of the agreements. At the current time, we have completed all of the physical work needed for release of our bonds with the exception of the monumentation bond. As I am sure you know, we have been granted 80% reductions on the majority of our bonds. We have submitted all the necessary release letters from the utility providers. I am enclosing a letter from the HOA taking responsibility for the landscape maintenance of the common areas. The 90-day extension will be needed to complete the following items: 1) Project monumentation 2) Change to the Rough Grading plan to accommodate the engineering department's request for an as -built at PL for work completed on the wall next adjacent to the tennis court at Puerta Azul. 3) Submission of a lot line adjustment reflecting the solution you proposed at our meeting in Nov. 2007 to pull the entry pavers out of the public Right of Way and into HOA maintained jurisdiction. 4) Provide proof of one year warranty security for defective labor or material on public and private street improvements etc... Sincere Greg La ca Project Manager Desert Living at it's Best! ................... A_(i 083 T,vf ot 4 a" COUNCIL/RDA MEETING DATE: April 1, 2008 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 34968, Madison Club Villas, East of Madison, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 34968, Madison Club Villas, East of Madison, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: 0wrom BACKGROUND AND OVERVIEW: Tract Map No. 34968 is located within the Madison Club Subdivision which is located north of Avenue 54 and east of Madison Street (Attachment 1). This residential development will consist of 19 numbered lots on approximately 13.782 acres (Attachment 2). On September 18, 2007, the City Council approved Tentative Tract Map No. 34968. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow thirty (30) days for completion of its processing. To date, the Subdivision Improvement Agreement (Attachment 3) has been executed by the developer but the associated securities have not yet been received. Also required is the Declaration of Covenants and Reciprocal Easement Agreement (DCREA)• The Final Map is technically correct and is being routed for signatures. The developer expects that the DCREA and associated securities and all signatures will be in a Q8/ place within the time allowed for its conditional approval. The Quimby fees have been paid. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within thirty (30) days (May 1, 2008), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk), associated securities, Certificate of Authority for the bonds, and the Declaration of Covenants and Reciprocal Easement. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 34968, Madison Club Villas, East of Madison, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 34968, Madison Club Villas, East of Madison, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, 4m��it/1 f� Ti othy . J nas n, P.E. ublic Wo Dire tor/ City Engineer O8g Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT APPROVAL OF TRACT MAP NO. 34968, EAST OF MADISON, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. A 087 Resolution No. 2008- Tract Map No. 34968, Madison Club Villas Adopted: April 1, 2008 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 34968 is conditionally approved provided the subdivider submits all required items on or before May 1, 2008. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. C. Provide a Certified Copy of the Certificate of Authority for the bonds. D. Declaration of Covenants and Reciprocal Easement Agreement to be recorded with TM 34698 (The Villas). Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on May 1, 2008. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval a_� 088 Resolution No. 2008- Tract Map No. 34968, Madison Club Villas Adopted: April 1, 2008 Page 3of 4 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of April, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California A_. 089 ATTACHMENT 1 m �J LAI 091 w-r-rAt%uRmr—KIT 9 _ .6 $£ a= k�k�a=� Ofa a�Yk ik 5 PV W Mu Iz a �h s� a €€; k"k ZZ s e7� p Ix $ €s`sCB19 alo ,� .^ un Wk I goo o < I dl g IMB 6I -.ads 1 � gk s zz 00 ieS iw € I k 9 k (O a € l$ s J `of� a /�/�" €N W n �kr]�agFg6 Y�8 "gym vt b N@%a I $ .�a 1 O I Z o W_€ I I ao .o Z 8 oV L z U R to 3 �� Q a <z a k 3 " ;IaaN o ! kz€r €m g €�g. - �a R to k�$Si 9 � lug z aU451 < �a�a n 1.: €€Ymd 3ia Imo`Eo gg s £q§agt iigg Jt"=q5 R € pk § ik 9 Ana a yY'�a6 I tl sSi e g g<aIa tl€�R_ ! a € esza Eve` 'R: z €£�<€ g I C 6 5s k-.. '6� ask$ z ., h .-( 091 ra»ate§ rr)§$# §«§494 k§)§(§ a(§§E§ !\\§\\ Rg \§§§$ I •±• 092 IN THE OTT OF LA WINTA COUNTY OF MVVERRSIDE, STATE OF CALFORNIA TRACT NO. 3A,968 BEND A MIDI`ASIOI OF TAT B a TRACT N0. 34969, FILM IN BOON _ PAGES _ MROUGH _ OF MAPS, IN THE OFFICE OF THE COUNTY ME DER W N IVUtSTDE COUNTY, MFO A. IN SECRON 1% TOYMSHP 6 SOUTH, RANFE 7 EAST, SAN FAFN Wo MMMM DEAN J. BOULDIN P.L.S. 7842 CRAPMC SCALE DATE OF SURVEY.' OCTOBER, 2007 BOUNDARY AND INDEX SHEET SEE zwEr:T S RM IME AHo GRT£ TA S IwTm) `LOT LOT 19 \� R � LOT LOT 36 34 LOT 35 LOT 'H' 111 LOT 18\ M.B. 393/I:; l V LOT 17 I i e, j 1l LOT 37 I i 1'�1 li LOT 1 II 1i LOT 38 LOT 14 LOT 'O' PER TR. 33076-1 1 M.B. 388/57-79 I I S E SHEET 4 ; LOT 39 LOT 13 i ; 1 I l; LOT 'A' LOT 12 LOT 40 i fi I� I LOT 41 I LOT 10 LOT 11�11 I it L07 42 LOT 9 LOi 43 �Or� J 1Ir LOT 8 i LOT 7 _LOT 7 LOT 8 LOT 6 LOT 5 LOT 5 � mac+ 1; LOT 'H' ;� LOT 2 8 I' LOT 4 + !I LOT 'A' LOT 4 I LOT SEE T 5 ; 7R. 34969 1, I M.B. XX/XX—XX LOT 2 LOT 3$, LOT 1-- M • ''4 _ :•ot.� o LOT 53 _ p 74LOT LOT 54 LOT 52 LOT 1 �-q3TR. 3 076-2 M.9 393/61— L9 �-- LOT 51 LOT 50 7 � — SHEET 3 OF 5 SHEETS A0 093 IN THE CITY OF LA OUINTA, CWNTY OF RIVERSOE. STATE OF CAUFORNA TRACT NO. 34968 BEING A SUBDIVISON OF LOT B OF TRACT NO. 346B, FILED IN BOOK _ PAGES _ THRWGH OF MAPS. IN THE OFFICE OF THE CWNTY RECORDER OF RIVERSIDE COUNTY, CMIFORNIA, IN $CTION 10, TONNWP S SOUTH. RANGE 7 EAST. SAN BERNMOINO MERIDIAN DEAN J. BOULDIN P.LS. 7842 DATE OF SURVEY: OCTOBER, 2007 SFE SHETI x " F INT WM RE 9 T 5 FM t AM Q M TOLES TR. 33076-2 LOT 'H' LOT 41 I LOT 42 /'LOT 2� `1 •I I GRAPHIC SCALE 6. 1 pF0) rws-w rt S93/67-80 i i i 1r / Tim Ii ll;i' l; I I LOT 'H• SHEET 4 OF 5 SIEETS A_;: 09 4 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE. STATE OF CALIFORMA TRACT NO. 34968 BEING A SUBDIMSTON OF LOT 6 OF TRACT NO. 34969. FILED IN 8001( _, PAGES _ THROUGH _ OF MAPS, IN THE OFFICE OF THE CWNn RECORDER OF RVERSIDE COUNTY, CALIFORNIA, IN SECTON 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN DEAN J. BOULDIN P.LS. 7842 DATE OF SURVEY: OCTOBER, 2007 LOT 42''-- ��, SEE SHEET 4 I LOT 8 LOT 'L' LOT 43 / 1 \ �'b"• S ��• a nq�y. LOT 6 LOT 7 / / I 6w/OE YNmM1 A was yam. l a II � a x •'oax A$N/ ^ �rl,e LOT 2 LOT ,Tj. IJ I p ,e ,e ' ( 9 V121Nm9CIPE ND II Im flaplmM1 1 LOT 4 m TR. 34969 i i / M.B. XX/XX-XX r ,m v sa LOT 1 LOT 49 v I / LOT 50 ` LOT 2 cmmrt owuo LOT 51 LOT LOT'N' LOT 52 GRAPHIC SCALE ' I TR. 33076-2 M.B. 393/61-80 (vFml r m.s.w w SEE 91EE7 2 FOR EA I&NT "US SHEET 5 OF 5 SHEETS CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 34968 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made andenteredinto this day of by and between East of Madison, LLC, (a Delaware Limited Liability Company) hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 34968 (the "Tract") pursuant to the provisions of Section 66410, at sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by'the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including AT), 096 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or unfil sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specked in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security; Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 207 A., .. 097 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.51Yn) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 3a7 a (; 093 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdividers obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required constriction quality documentation not previously submitted. 407 C93 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed;' or "Record Drawing;" the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 1Z Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials fumished, and shall repair or replace such defective work or materials. 13. Release of aMLnly. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Riaht to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval, In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 5017 109 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party- F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Celle Tampico La Quinta, CA 92263 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Developer Address East of Mad' n, 375 No rant St, a 200 Columb , OH 432 By: Title: By: Title: Reviewed and Approved City Engineer Date Approved as to Form: City Attorney Date Date Date Date ea7 A..ui 101 3.,,a>, �? At• A. 1 A A .. • A D A ..%� .3 „3 AGA<..A• ..@ ,:y. A. A R e A State of California County of Rive;,ta-, On 1 i (Lrch a4, 200$ before me, l�c 4+i . l n L. 44tAV* 8461i c,, pad �j Here Insert Name antl Iee W the Oft personally appeared rJrt4 n �• E��1S Nam(s) W Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar@ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized t capacity(ies), and that by hisAw/thbir signature(s) on the C111VI # Ibtr/604 instrument the person(s), or the entity upon behalf of CCMM which the person(s) acted, executed the instrument. mambo MlirconlMbtpgt MM 1.!6f I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS 'my//hand and official seal. Signature dL Place Notary Seal I Signature W NMq Pub ..6r� OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: J�'�.dllJtlStow rtvr�My�yyy i�it�r . 1017V+R 34St4$ Document Date: Y�lfif_'tdn a•4,aoo2 Number of Pages: 71 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Individual ❑ Corporate Officer —Title(s): — ❑ Partner-0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator f7 Other: Signer Is Representing: Signer's Name: U Individual ❑ Corporate Officer — Title(s): _ rl Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Ll Guardian or Conservator Signer Is Representing: RIGHT THUMBPRINT L A_ 102 Exhibit A SECURITY — TRACT MAP NO.34968 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Rough Grading (Bonded Separately) $ - $ Storm Drain $ 70,110 $ - Domestic Water $ 9,088 $ - Sewer $ 30,874 $ - Landscape Improvements $ 2,323,920 $ - EVA Culvert $ 100,000 $ - Monumentation $ 12,000 $ - Totals $ 2,545,992 $ - Standard 10% Contingency $ 254,599 $ - Total Construction Cost $ 2,800,591 $ - Professional Fees, Design 10% $ 280,059 $ - Professional Fees, Const 10% $ 280,059 $ - Bond Amount $ 3,360,709 $ - rd7 103 C&ty� 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 1, 2008 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Granting CONSENT CALENDAR: Conditional Approval of a Final Map and Subdivision STUDY SESSION: Improvement Agreement for Tract Map No. 34969, Madison Club Clubhouse, East of Madison, LLC PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 34969, Madison Club Clubhouse, East of Madison, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 34969 is located within the Madison Club which is located north of Avenue 54 and east of Madison Street (Attachment 1). This residential development will consist of 8 lots on approximately 24.551 acres (Attachment 2). On July 3, 2007, the City Council approved Tentative Tract Map No. 34969. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow thirty (30) days for completion of its processing. To date, the Subdivision Improvement Agreement (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically correct and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. The Quimby fees have been paid. The last item is the Declaration of Covenants and Reciprocal Easement Agreement (DCREA) which is to be recorded with Tract Map 34968 (The Villas) prior or concurrently recorded with this map TM 34969. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within thirty (30) days (May 1, 2008), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk), associated securities, Certificate of Authority for bonds, and the DCREA (to be recorded with TM 34968) which should record prior or concurrently with this Tract Map No. 34969. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 34969, Madison Club Clubhouse, East of Madison, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 34969, Madison Club Clubhouse, East of Madison, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. Jjnass r, P.E. Public Works Direc or/ City Engineer r, 105 Approved for submission by: 'I Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 106 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP SUBDIVISION IMPROVEMENT AGREEMENT APPROVAL OF TRACT MAP NO. 34969, EAST OF MADISON, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. 107 Resolution No. 2008- Tract Map No. 34969, Madison Club Clubhouse Adopted: April 1, 2008 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 34969 is conditionally approved provided the subdivider submits all required items on or before May 1, 2008. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. C. Provide a Certified Copy of the Certificate of Authority for the bonds. D. Declaration of Covenants and Reciprocal Easement Agreement to be recorded with TM 34698 (The Villas). Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on May 1, 2008. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. A 103 Resolution No. 2008- Tract Map No. 34969, Madison Club Clubhouse Adopted. April 1, 2008 Page 3 of 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this VL day of April, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Sea]) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 1 o J ATTACHMENT 1 Al ATTACHMENT 2 (Ifkofia kjOw lY,� �kSs��€ g ;� 9�" eea� F Io um15 �w g sA 23 a a,€05 ga oSbb3�� Fok48 goo n0 3 3�fC w� n ai =ok im¢ eQQ m l 0 - �kuiy kAaW Q Q pal 4' dm PER. 48a t3t3? gg ^fig 31 Y g w yy � F � it 3 €K i gejS Nk P. so g /y� s kF g� k gk ki k� AT, £ 7 � z�� 4 RN o g =o= � a > �` n' 112 •�^ a s ss nuw d � k ss� i Nm ¢ O _ I .I- A ad do onS OM ~O YA.Fa 19 s s � R E•�� s 3" o is ?3 i`�ti ti. 3 55 F mmm is o Gry 'si i tEt6 Ety� E b < n� mn 0)/� 2 Mais i S 5 a a �€ Nwt og E ay R s a rt k;s ab kk e� g � 5" O. a Pt D IN 0 3 Q Sao] w g�y� qqtt qq� q s a ape a C C: 10ss� pij CC44 FE Q r q5pqCCCC <S O+agg gg m M I e\ Ea n1. g � _ •p kpG ✓-+ r � 6 dR_R `\ ,� , 55YY.. � o ig� �Bko I 6tt aaa F 1�. G S�G gg pp i+�¢1p5 gg n 7 0 wk �'aB� 32�kgg i YN Yg»C _ gi ssFkX knit �i w6 '!� �o <` Epp° w �o jib86 �r N\`�•'1 \\`\ 113 -- W THE CITY OF LA OUINTA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Aarog TRACT NO. 3&N7 PAGES 81 THRWCH B0, OF MAPS. BOTH IN THE OFFICE OF THE I BEING A SUBDINSICN OF LOT 80 AND PORTNNIS 6 LOTS 'A' MJ0 'O' OF TRACT N0. , PAGES1, FILED IN 80I kAST. PAGES BERHARDNO MERIDIAN MAPS, ANC LOTS 44. 45, 16, 4], �. AND 'M' OF TRACT NO. 33M8-2. FLED IN BOON 393, COUNTY ! RECORDER ER OF RIVERSIDE COUNTY, CALIFORNIA, IN SECTION 10, TOWSHIP 8 SOUTH. RANGE DEAN J. BOULOIN P.L.S. 7842 SEE SHEET 5 DATE OF SURVEY. JULY, 2006 ` O / 393/61 p1 L� II s TR. 33076-2 M.B' \ LOT '0' PER TR. 33076-1 M.B. 388/57-79 N.A.P. tl LOT 7 uv wo 0�11 6�EEf� LOTH am um LOT 5 �^ la pm v l m LOT 4 s�iu sm IJLgq ma.•, I LOT 3 Ilypy �.m LOT 1 mas n n FOR OONOOMINIUM PURPOSES LOT L LOT 43 `11 i 1 � i yy I LOT' I S LOT LOT 49 LOT 50 TR. 33076-2 M.B. 393/61-80 LOT 'P' PER TR. 35076-1 M.B. 388/57-79 a° N.A.P. 4 CAAPFIIC SCALE T 4 s r r (pMl SQR�£�l HooI sE " ISGODiT V RE s ,, I " T Fop FASeJ[NT OEINLS SHEET 4 OF ] SH IN THE CITY DP LA OUINTA. COUNTY OF RI\EBMDE, STATE OF CAUFORNIA TRACT NO. 34969 BEING A S NAS)H OF 7OA8. AND PTIONSCOFNL 33078�FILED 81�BOOK 393, PAGES KCT No. 7611 W W 80. OF MAPS. BOTH IN ME OMOUGH MID OF THE CS ", . 46, 7. OF AND ' OE F TRACT 40.CAL3 76 IN FU ON 10, TORNSHIP 6 SCUM RANGE 7 EAST, So BERNARDNO MERIDIAN DEAN J. BOULDIN P.L.S. 7842 DATE OF SURYEY: JULY, 2006 ORAPFOC SCALE T T M TR. 33076-2 LOT 'H' /i S (5` LOT LOT 36 1l \\, LOT 35 LOT 'K' �, II, L i + MB. 393/61-80 I !, I 1 LOT 37 a i I LOT 38 LOT '0' PER TR, 33076-1 I M.B. 388/57-79 1 LOT 39LO40 >LO�T41 � I 1 LOT 42 / SOT ii LOT 43 / i LOT 7 LOT 6 1 LOT 5 LOT z LOT 4 a OT B LOT13 '1 . En¢D m `oawrt LOT 'A' LOT 1 LOT 49 / LOT 50 SEE LRT ] FOR EAS04NT NOTES. gJ0.KYJR'S NO1E5. " 1E4 5(£ g¢E15 8 MV 7 EEM EASENENT LETAES `✓/.: ' LOT 52 TR. 33076-2 T � LOT 51 ; 1 I 1! LOT 'H' a I LOT 53 LOT 54 5 OF 7 SHEETS A 115 IN WE CITY OF LA WIN IN COUNTY OF WVERSIDE. STATE OF GAMFORWA TRACT NO. 34969 BEING A S1IBDIMSION OF LOT 80 AND PORTIONS OF LOTS 'A' AND 'C OF TRACT NO. 33075-1. RLED IN BOON 3BB. PAGES 5] 7HRWCH 79, OF MAPS IA. Bi SECTOM TO, TOVM WP 6 SWW, RANGE 7 EAST, SAM BERNARDINO MERIDIAN AND LOTS D 45, 46, ♦7, TB, AMC'M' OF TRACT NO. 33076-2, FU, W BOON 393, PAGES 61 THROUGH B0. OF MAPS BOW IN 111E OFFICE OF W COMNTY RECORDER OF RIVERSIDE COUNTY. GALFORN DEAN J. BOULDIN P.L.S. 7842 DATE OF SURVEY: DULY. 20% SEE SHEET 5 TR. 33076-2 / M.B. LOT 'L'x < L07 LOT 43 LOT '0' PER TR. 33076-1 M.B. 388/57-79 N.A.P. LOT 7 / iF / w LOT 6 LOT 5 Y LOT 4 7 � 1 1 I 1 I I i LOT 'B I I pawa sa LOT 3 L 1 wv'uii x7T as LOT 1 i FOR OONOOMINIUM PURPOSES r ■`:`TasrirTsa I � ��Tr�a-.ice LOT 2 LV I n .x xYNS NxP.q / x / Y A\. aY as°°i / ♦ ♦♦♦.\ A LOT 8 LOT 49 LOT 50 TR. 33076-2 M.B. 393/61-80 / ; LLIM-- , ill CITY OPLA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 34969 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made andenteredinto this day of by and between East of Madison, LLC, (a Delaware Limited Liability Company) hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 34969 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act'). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter Into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act, NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original Improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including �1617 118 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 670 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of W or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, inducting proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty ercri security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10°/u) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full g0 days after final acceptance and/or approval by the City Council, of the Improvements. if City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 3ar g` 120 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (ISO%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall fumish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Oar A (t 121 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be dearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. in cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable aftomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 5&7 0I 122 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing parry. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk East of M96ison, LC. 375 N Front Ste Colum s. OH 4 215 Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Date emr U. 123 State of California County of R1 y, .e l df.2 On efore me, k0kiN.. L fltw_r %e.MT aura Here Ir9er1 a9tB aTllla of the Olra;er . personally appeared brigkn U. C-i1is__ Nama(s) of Signer(a) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar@ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisifftitheir authorized Elmcln�IMNt.1NNlfER capacity(ies), and that by his/ftrftieir signature(s) on the Coo '-inet0169W instrument the person(s), or the entity upon behalf of im — — — —which the person(s) acted, executed the instrument. MQrCarwt.a= I Sol I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m►J%yy hand and official seal. Signature "xc" � �'""�"`� Piave Worry Seal Above Si9oature of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ^r^ Title or Type of Document: &bjtytStew. ..LYt�O'rb s. n �bs� 9�9 Document Date: _mfltfl .-2.14, Inost Number of Pages: Signer(s) Other Than Named Above: Capacity(tes) Claimed by Signor(s) Signer's Name: — U Individual l_i Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Net ❑ Individual ❑ Corporate Officer—Titie(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee tJ Guardian or Conservator frf 0*= Signer Is Representing: 02007 Naeonal Notary Assmalan•9360 De Soto Ave, PO aox 2402•Che6i a86 CA 913192402•nww.NatiorielNolaryorp Hem R59D] Reoreer; Call Toe -Free 1-800-8766M a_(! 12 x Exhibit A SECURITY — TRACT MAP NO.34969 ON -SITE IMPROVEMENTS Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Rough Grading (Bonded Separately) $ - $ Street $ 109,847 $ - Storm Drain $ 87,877 $ - Domestic Water $ 83,730 $ - Sewer $ 19,860 $ - Landscaping Improvements $ 1,344,095 $ - Monumentation $ 5,200 $ - Totals $ 1,650,609 $ - Standard 10%Contingency $ 165,061 $ - Total Construction Cost $ 1,815,670 $ - Professional Fees, Design 10% $ 181,567 $ - Professional Fees, Const 10% $ 181,667 $ - Bond Amount $ 2,178,804 $ - 7a7 p_0; 125 LO) F cFMOFTO COUNCIURDA MEETING DATE: April 1, 2008 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed by: Lori CONSENT CALENDAR: Bowers; Date of Loss — October 5, 2007 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Lori Bowers, with a reported date of loss of October 5, 2007. FISCAL IMPLICATIONS: The total amount of the claim is $1,036.95. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Lori Bowers with a reported date of loss of October 5, 2007 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: A 12G 1. Deny the Claim for Damages filed by Lori Bowers, with a reported date of loss of October 5, 2007; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, AE In aM Bret M. lumlee, Assistant City Manager - Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Lori Bowers, Claim for Damages 4. 1.27 ATTACHMENT 1 FILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP CITY CLERICS OFFICE City of La Quetta TO PERSON OR PROPERTY CLAIM NO. P.O. Box 1504 La Quinta, CA 92253 o INSTRUCTIONS . 1. Claims for death, Injury to person or to personal property must be filed not later than sic months ails the occurrence. (Gov. Code $ 9112.) r o r, M 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. � -TiM Code § 9112.) x rn 3. Read entire claim form before filing. rn 4. See page 2 for diagram upon which to locate place of accident. o . 5. This claim form must be signed on page 2 at bottom �1 6. Attach separate sheets, I necessary, to give fug details. SIGN EACH SHEET. ry 0/ i No.: 1,...I Via^11 G�'s' dahrent served with the Dale: Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet Where appropriate, give street names and address and measurements from landmarks: Gv/ —— e� r�le,.�F�c Why do you daim the city is responsible? c DesWbe In detail each INJURY or DAMAGE lab SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ..................... $ Future expenses for medical and hospital pre .S Expenses for medical and hospital pre ..... $ Future loss of earnings ....................$ Loss of earnings ............ �,,A $ Other prospective special damages ..........$ Special damages for c4 W $ pave general damages ..............S Total estimated prospective damages .......$ General damages ....................... $ Total damages incurred to date .......... $ Total amount claimed as of date of presentation of th $ Was damage l Were paramedics or ambulance called? AT If so, name * or ambulance If inJured, $;taie date, lime, name and addrewNg of your initial visit WINESSES oDAMAGE _ "tif ,1�iilllw'l►l� .. ,. � �dili:�ItI.�1►+��: - . _ � ra •• . IN BEAD CAREFULLY Ford aaiderddamsplaceonbpowkgdiagramnam of*eets,induftNorth, aoddedbyA.t•andbcatumofyoarsdofyourwllideatCreOmeofthe accident East South, And West Indicate place of accident by'1C and by ahowi g house bySio and the point of knead by W ambers or distances to street conkers. IfCity Vehicle was Involved, designate by Ider W locallon of Cily Vehicle when you first saw 0, and by 08* location of yourself NOTE; idagrambelowdOnOtAtUshtafion.aWhmbapWdiaom or your vehicle when you first saw Cily Vehkte; location of Cty vehicle at time of signed by daknant. CURB to Claimant SIDEWALK CURB CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. .a.!,, 129 AMMO"s AUTO ESTIMATE OF AUTO BODY & COLLISION 83680 Indio Blvd., Suite 1 Indio, CA 92201 (760) 902-0963 Office a (760) 863-1678 Fax A1� NAME �y ADDRESS �' Ol.S" /i1/tda/ S�5 � �` DATE r PREPARED BY '�(/T ^q-��,./^/ YEAR, MAKE, MODEL �I `' _� LICENSE NO. dell CITY, �' �9l/t!7'A SSSTTATTEHOME SUS,/.iC/..L�.L��L.21�P PHONE PNONE/vO U.i/�/.i �.%cvT" INS. GO PHONE ASTER _ CLAIM ND, R I R e Dr.SCRIPTIOR 1 � Q/!� /MILEAGE V.I N. aJ i V ``A+�,,// PROD. DATE G C7 BODY TYPE PAINT CODE DEDUCTIBLE/ DATE OF LOSS BETTERMENT parls BodV Frame Palm Clear Coal Mecn. $ublot/"i5c. I 2S'- 3 (it�i�+�.y�.( - 4 6 7 1 B � � � I 110 .{� 12 13 14 15 16 171 I iB 9 I 2I 21 22 I 23 1 24 2.5 1 Old parts discarded unless otherwise insimmied. Rol of rust damage not guaranteed. TOTAL LABOR RRS RATE BODY < < I AMOUNT , O TOTAL PARTS (Prices Subject to Invoice) TOTAL LABOR 1 I FRAME 1 TOTAL SUBLET/ MISC © V PAINT OI O PAINT A MATERIALS l CLEAR COAT I I MECHANICAL IA TOTAL LABOR di 8 TOWING/STORAGE I This Drmlalion is based on our Inspection and does not cover any addahwul pads or labor which may be required alter the work has been started. C=Sionally, worn or damaged pads are discovered which may not he nvident on the first Inspection. Ouolation on parts am Current and subject to change EPA / WASTE DISPOSAL SUB -TOTAL I AUTHORIZATION REPAIR. You are her authorized tomake the above repairs. A is understood that lull payment I upon release of ve ,Including supplemental charges. c v SIGNAT E aL6tDATE TAX — TOTAL ©®g 1� 13� • 1t+�'= w x >a J.. c� t4 .�� .. �'„ '' � i +�� s.� f '' d -. -- � , =�� 3 -�.l �•� _ .". .��' i�: L °F i y<' r" i �, Enterpri OWNER OF VEHICLE: BRANCH ADDRESS N1 RENTAL 1.'SqURPE # TYPE I START CHARGES IF DIFFERENT L RENTAL AGREEMENT NO. W ii4x 7 N" GRANTED TO OPERA WNEHICILL ONLY IN THE ATE OFRERTt AN F O�" E Ire IM are In 7m/f- ITHE FOLLOWING STATE(S)z_, U No Gasoline Refun§w E L E' IM 1/4 " In = M TM DAMAGE WAIVER NOTAP IWIER.0IIlONAI. RENTER X RENTER ACMOWLEDGES 6. RECEIPT OF ORAL DIS- I�fl�es6vv Accepts DW CLOSURE THAT DAMAGE WAIVER MAY BE DUPLICA- RwrokiI;Rq PsbG RENTER'X TIVE OF COVERAGE MAIN- AO�•LWM "JIATFIM TAINED UNDER HIS OR _ e�4 PAk 3� U1, , Accepts PAI HER OWN POLICY OF MOTOR VEHICLE INSUR- SE MAppJIYPAOIECIpNI•IIANCE. REN7ER; X THE PURCHASE OF db4s 'SLP SM'�',�17. Accepts SLP DAMAGE WAIVER IS OPTIONAL AND MAY B 11193mu Real U431110099111 DECLINED. RENTER'. ]DATE REPLACEMENT VEHICLE AGE I O� I ADDITIONAL INFORMATION EMKOYEE 9 7.7 F OUT 1M14�affi1J2 !WEI X4 7M F U No Gasoline Refunds L IN E IM '114'M In VS W4 718 F I OWNER IS AN AFFILLAIIE4 ENTERPRISE RENT -A -CAR COMPANY WHICH OWNS ALL RIGHTS TO ENTERPRISE NAMESAND MARKS. F 7.'7� TOTAL CHARGES DEPOSITS REFUNDS BY i ` I COUNCIL/RDA MEETING DATE: April 1, 2008 ITEM TITLE: Authorization for Overnight Travel for the Personnel/Risk Manager to Attend the League of California Cities Employee Relations Institute 2008 Held in San Diego on April 24 & 25, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: L STUDY SESSION: PUBLIC HEARING: Approve overnight travel for the Personnel/Risk Manager to attend the League of California Cities Employee Relations Institute 2008 held in San Diego on April 24 & 25, 2008. FISCAL IMPLICATIONS: The Fiscal Year 2007/2008 Budget (Account No. 101-1004-413.51-01) has allocated funds for Travel, Training and Meetings. The breakdown of estimated expenditures for this conference is as follows: Registration $275 Hotel (2 nights x $213) $426 Meals (Maximum) (2 days x $75) $150 Travel ( 260 miles x $.505) $131 Total $982 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities sponsors an annual Personnel and Employee Relations Institute that offers a variety of speakers and educational materials on various personnel and employee relations topics. The conference will provide the City with the opportunity to obtain the latest information concerning employee relations strategies and issues. An overview of the conference is attached (Attachment 1). 4_ 133 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve overnight travel for the Personnel/Risk Manager to attend the League of California Cities Employee Relations Institute 2008 held in San Diego on April 24 & 25, 2008; or 2. Do not approve overnight travel for the Personnel/Risk Manager to attend the League of California Cities Employee Relations Institute 2008 held in San Diego on April 24 & 25, 2008; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager - Management Services Approved for submission by: � j' Thomas P. Genovese, City Manager Attachment: 1. Conference overview 2 A__ . 1 3 A C i ATTACHMENT 1 - OF CAI IFORMLA C I T I F5 Personnel and Employee Relations Institute Catamaran Resort Hotel, San Diego Charge Toward Change Thursday, April 24, 2008 Kegistra [ion 8:30 a.m. - 5:00 p.m. General Session 9:30 - 10:30 a.m Conquering the "When" and "clew" of Strategic Change What is essential to carry out a successful strategic change initiative? A baseline understanding of strategic -driven change using real world examples of culture change case studies will be presented. Bob Nelson is a practicing manager, a best- selling author, and an internationally recognized expert in the areas of employee recognition, rewards, motivation, morale, retention, productivity, and management. He is author of the best-selling books 1001 Ways to Reward Employees; 1001 Ways to Energize Employees and 1001 Ways to Take Initiative at Work. A book sale and signing will follow this session. Speaker Bob Nelson, Resident, Nelson Motivation, Inc., San Diego Concurrent Sessions 10. 45 a.m. - 12:00 p.m. Made 11tlntan llesourceF Principles and Practice!; Identify basic legal requirements in this case study discussion. Learn how to avoid common mistakes, get out of trouble, and better yet, stay out of trouble. Speaker: Scott Tiedemann, Partner, Liebert Cassidy Whitmore, Los Angeles Develop a lluntau Resources Strategic Plan The City of San Rafael presents their recently released five year strategic HR plan. An overview of their plan includes: • Identify key stakeholders and customers • Enumerate strategies • Measurement and evaluation .Speakers: Leslie Loomis, Human Resources Director, City of San Rafael Jim Schutz, Assistant City Manager, City of San Rafael a_., 133 Thursday, April 24, 2008 (continued) General Luncheon and Nethvorking 12.15 - 1.30 p.m. Enjoy the view of Mission Bay while networking and sharing lunch with your colleagues. Concurrent Sessions 2:00 - 3:30 p.m. Legal Considerations in the Pre -Employment and Iliring Process Review practical hiring process guidelines, including a review of EEOC models, and avoiding legal sand traps in recruiting and hiring. Speakers: Jesse Lad, Assistant City Attorney, City of San Leandro Marc Fox, Human Resources Director, City of Pittsburg Change Your Employee Benefils Culture anti Sane Your City- Money The City of Merced's recent experience provides an illustrative case study for examining a multi -pronged approach to changing a traditional employee culture of "entitlement" to benefits, and subsequently achieving significant financial savings. You'll explore the following ways to completely restructure benefits into a cafeteria plan: • Benefit market (health, dental, vision) and other coverage • Relationship of broker and city • Role of employee participation • Integration into collective bargaining agreements • Consumer education Speakers. Bill Cahill, Assistant City Manager, City of Merced Christine Kerns, Vice President, Alliant Insurance Services, Inc., San Francisco Deneen Proctor, Personnel Director, City of Merced Concurrent Sessions 3:45-5:00 p.m. Principles of Risk INIanagement Know the principles of risk management, and improve the labor and employer relationship. Speaker: Gordon Youngs, Personnel Director, City of Brea Build Organizational AsseN with Internal Couching and ICnov� ledge Transfer Leading edge, best -practice, examples of how cities are using internal coaching programs to boost career growth and transfer knowledge will be highlighted. Speaker. Tim O'Donnell, City Manager, City of Brea Reception 5:30 - 6'30 p.m. You've had a busy day. It's time to relax, visit and make dinner plans with your colleagues. 6.30 p.m. -Evening Dinner on your own A_ 136 Friday, April 25, 2008 Full Breakfast Bui'fet 7:30-8:30 a.m. Networking breakfast. Concurrent Sessions 8:45 - 10:00 am FMLA/CFRA/Pl)L: Integration and Coordination Untangle conflicting provisions of the three most intricate and interwoven leave laws: • Federal Family and Medical Leave Act • California Family Rights Act • California Pregnancy Discrimination Act Speaker: Cynthia ONeill, Partner, Liebert Cassidy Whitmore, San Francisco Legal Update Hear about the latest legal decisions and trends which affect your daily work. Avoid the dangers of not being up to date on the legal obligations imposed on your agency. Speaker: Carol Stevens, Attorney, Kay & Stevens, Palo Alto Concurrent Sessions 10 30 - 11:45 am Collective Bargaining Overvie" Get an insider's view of the basics of collective bargaining. Speaker: William Avery, President, William Avery & Associates, Inc., Los Gatos GASB 45 Negotiations OPEB Commission recommendations and an update on resulting legislation will be discussed. Speaker: Tom Branan, Policy Director, OPEB Commission, Sacramento General Luncheon and A%vard Presentations 12:00 - 1.15 p.m. The Professional Excellence Award will be presented. Closing General 5tsiou 1:30 - 3:00 p.m. Iturnan Resources Zingo Test your HR knowledge in this popular, fun and surprise -filled session! Facilitators: Terri Cassidy, Human Resources Manager, City of Costa Mesa Marc Fox, Human Resources Director, City of Pittsburg Adjourn aj) 137 The full registration fee includes program materials, lunch and reception on Thursday and breakfast and lunch on Friday. Registrations must be completed online at www.cacities.orvJevents before Tuesday, March 25, 2008. One day registration is not available City Officials/Staff $275.00 All Others $325.00 NOTE: All cancellations must be submitted in writing to klofte(iDcacities.org or faxed to (916) 658-8220, and are subject to a $50 processing fee. No refunds will be given for cancellation requests received after Tuesday, April 8, 2008. Substitutions can be made onsite. The guest badge is required to allow attendance at all sessions and meal functions. Guest/Spouse $100.00 Note: It is inadvisable to use city funds to pay for spouse registration. See 75 Ops. Cal. Atty. Gen. 20 (1992). Consult with your city attorney for more information. From I-8 heading West Take 8 West to West Mission Bay Drive/Sports Arena Boulevard Exit. Tom right at the exit. Follow the signs on the right for West Mission Bay Drive. This is a loop. The last road before the ocean is Mission Boulevard. Make a right and the hotel is one mile down on the right side, at the corner of Mission Boulevard, and Pacific Beach Drive. From I-5 heading South Take 1-5 South into San Diego. Exit at Balboa Avenue/Garnet Avenue exit. At the third light, turn right. This is Garnet Avenue. Follow Garnet Avenue to Mission Boulevard and make a left. The hotel is 6 blocks down on the left side at the comer of Mission Boulevard and Pacific Beach Drive. / We invite you to visit www.cacities.or¢/travel for the new Enhanced Local Government Airfare Program. Catamaran Resort Hotel 3999 Mission Boulevard, San Diego 92109 $179.00 single/double (plus 10.05% hotel tax) Valet parking $16/day, self -parking $12/day STEP 1: Register for the Conference All attendees must register for the conference directly with the League of California Cities, online at www.cacities.ore%vents prior to reserving the hotel room. Once your event registration is complete, you will be led to the housing registration page. If you need to send a check or money order, please print a registration form from our website at www.cacities.org/events. STEP 2: Secure Your Hotel OPTION A (credit card): The online conference registration link will take you directly to the online housing reservation for the Catamaran Resort Hotel. For immediate hotel reservations and confirmation, please book your required rooming needs online after registering for the conference. OPTION B (check or money order): After the League of California Cities receives and processes your registration for the conference, you will be sent an e-mail with an online link (URL) for hotel reservations and/or a housing request form. If you elect to mail the housing form with hotel deposit, please completely fill out the hotel reservations form and mail it with your check or money orderto Catamaran Resort Hotel, 3999 Mission Boulevard, San Diego, 92109. STEP 3: Hotel Changes or Hotel Cancellations Hotel reservation changes, date modifications, early check-outs, or cancellations must be communicated directly with the Catamaran Resort Hotel by each individual, on or before Tuesday, April 22, 2008. Cancellation after April 22 will incur a minimum one night room charge. NEWT Speed Coaching Looking for someone to talk with privately about career development? We have provided that opportunity for you! On Friday, April 25 from 7:30 a.m. to 1:30 p.m., attendees can benefit from one-on-one coaching from a list of respected and qualified HR professionals. A sign up list will be available at the League's registration table for 15 minute coaching blocks. p_! - 138 COUNCIL/RDA MEETING DATE: April 1, 2008 ITEM TITLE: Consideration of a Funding Request from the FIND Food Bank for Construction of a Warehouse Facility in the City of Indio RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Food in Need of Distribution (FIND) Food Bank.has requested $250,000 for support toward the construction of a warehouse facility in Indio. There are no funds budgeted for this project. Should the.City Council choose to support this project, funding would need to come from the Undesignated General Reserve Fund Account No. 101-0000-290.00-00. FIND Food Bank has indicated that the requested pledge could be paid out over a four-year period. However, according to the City Attorney, there are legal issues arising from the constitutional debt limit for multi- year funding obligations. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 7, 2007, the Grant Request Ad -Hoc Committee reviewed an application from the FIND Food Bank requesting $250,000 for construction of a warehouse facility in Indio. The City Council requested that this item be considered during the Mid -Year budget. During Mid -Year budget discussions on February 19, 2008, the City Council requested that this item be brought back at a future meeting with more information regarding the building plan, cost estimates, and information about operating costs of the new building. In response to the City Council request, correspondence from the FIND Food Bank, Inc. is provided as Attachment 1 . p..f 139 As identified in the correspondence, the Find Food Bank, Inc. was incorporated in 1983 as a 501(c)3 non profit organization. The organization provides food assistance to those in need in the Coachella Valley. This assistance is provided through a network of agencies: soup kitchens, food pantries, homeless shelters, children's programs, and senior centers located in twenty-one communities throughout the Valley. Find Food Bank, Inc. is located in a 14,000 square foot facility for both its operations and food distribution center. The proposed new facility is to be located at 83-765 Citrus Avenue in Indio. This new facility is 36,190 square feet which includes 5,000 square feet of office space. The FIND Food Bank is open five days a week from 6:30 a.m. to 2:30 p.m. year- round and serves 89,248 individuals monthly at their current location. FIND Food Bank, Inc. also indicates the following public agencies have pledged support for this project: Desert Healthcare District has pledged $1,700,000 to the project; the County of Riverside and the City of Palm Desert have each pledged $850,000; the Cities of Indian Wells and Ranch Mirage have each pledged $250,000. In addition, FIND has received individual pledges totaling $100,000 and a land donation of $615,000. The total cost for land and construction for the warehouse facility is $5,000,000. The total of all pledges to date is $4,615,000. Support pledges of $250,000 from La Quinta and Palm Springs are being requested for consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Appropriate $250,000 from the Undesignated General Reserve Fund Account No. 101-0000-290.00-00 for the FIND Food Bank to construct a warehouse facility in the City of Indio; or 2. Do not appropriate $250,000 from the Undesignated General Reserve Fund Account No. 101-0000-290.00-00 for the FIND Food Bank to construct a warehouse facility in the City of Indio; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director Approved for submission b Thomas P. Genovese, City Manager Attachment: 1 . Capital Fund Request 141 ATTACHMENT 1 TO: Edie Hylton Community Service Director City of La Quinta, Ca. FROM: David A. Paradine President & CEO FIND Food Bank, Inc. RE: Capital Fund Request Date: February 22, 2008 Edie, this is a follow up to our conversation regarding FIND'S request to the City of La Quinta for a capital contribution of $250,000 for the acquisition of a new warehouse facility. History Incorporated in 1983, for the past 25 years FIND Food Bank, Inc. has provided food assistance and basic essentials to those requiring such assistance here in the Coachella Valley. This assistance is provided through a network of ninety plus member agencies; soup kitchens, food pantry's, homeless shelters, children's programs, senior centers and other not for profit organizations located in twenty three communities throughout our Valley. FIND is the ONLY locally certified affiliate of America's Second Harvest, here in the Coachella Valley. America's Second Harvest is the largest domestic hunger relief agency in the United States. FIND is the federal/state designated distributor of United States Department of Agriculture (USDA) commodities. There are no alternatives to FIND in terms of providing food to charities that directly feed the hungry here in the Coachella Valley. Thus FIND fulfills a unique and critical need — providing USDA and Second Harvest food products to those agencies who directly feed the hungry. Without FIND the ability to serve such food would be very nearly eliminated. FIND also works very closely with other anti poverty agencies within Riverside County assisting them in fulfilling their specific mission. Some of these agencies are the Department of Social Services, WIC, Riverside Housing Authority. Through an agreement with the Department of Social Services of Riverside County FIND is the provider of emergency food assistance to their referrals. FIND Food Bank, Inc. is a 501 C(3) not for profit organization, incorporated in the State of California in 1983. An eight (8) member volunteer Board of Directors govern the organization. The Board of Directors meets monthly and establish all organizational policy for FIND. 142 Problem Currently there are well over 41,000 low and below low income households here in the Coachella Valley. Thirty two percent or 13,000 of these households lack sufficient resources to put food on their table on a regular basis and an additional 13,000 households live precariously close to hunger on a month to month basis. And low income Latinos, who represent over 500/o of the population within the Valley, have a much higher proportion of food insecurity, 37% to the White population 28%. (UCLA Center for Health Policy Research, Coachella Valley Economic Partnership ) EXISTING DATE, (2003), THE CITY OF LA QUINTA HAS APPROXIMATELY 4000 HOUSEHOLD THAT FALL INTO THE LOW OR BELOW LOW INCOME CATEGORY. APPROXIMATELY 1300 OF THESE HOUSEHOLDS LACK SUFFICIENT RESOURCES TO PUT FOOD ON THEIR TABLE ON A REGULAR BASIS AND AN ADDITIONAL 1300 HOUSEHOLD ARE LIVING ON THE EDGE . These low and below low income households are the population served by FIND and its network of food/meal distribution Sites. Clients Served During this past year, 2007, FIND'S ninety plus food/meal distribution Sites served on average 89,248 individuals EACH MONTH. 8836 Seniors, 3338 Homeless, 2539 Homebound, 29,618 Children, 9532 Children under school age and 20,086 Children ages 6 to 18, (This distinction is made because a significant number of school age children participate in the school meals program and during summer vacation when school is not is session these children do not benefit from these programs.) and 44,917 Adults. As most of these individuals receive food assistance or a regular basis this number of 89,248 EACH MONTH is best viewed as a "unit of service." Warehouse Needs FIND has operated out of the same 12,000 sq/ft warehouse facility since its second year of operation. At that time FIND was receiving and distributing less than one million pounds of food. During the past few years food storage space has become an increasing problem for FIND. This past year FIND received and distributed approximately eight (8) million pounds of food products. Two years ago FIND had to turn away an estimated 500,000 pounds of food due to limited space. And in the spring of 2007, when the Valley was hit with a freeze that so seriously impacted the migrant farm workers, the emergency food assistance provided by the State of California could not be accommodated by FIND without acquiring considerable additional storage space. FIND has simply run completely out of storage space and in order to continue to meet the rapidly growing demand for more food here in the Coachella Valley considerably more warehouse space will be required. The new warehouse location is at 83 765 Citrus Avenue in Indio, Ca. Proiect Warehouse Costs Land Purchase $ 615,000, Site Development $ 675,000. Architect & Engineering $ 360,000. Building Construction $2,600,000. Equipment $ 550,000. Contingencies $ 200,00. TOTAL $5,000,000 Construction schedule is attached. Fund Raisin¢ TO DATE (2-22-08) Riverside County Pledged $ 850,000. City of Palm Desert Pledged $ 850,000. Desert Healthcare District Pledged $1,700,000. City of Rancho Mirage Pledged $ 250,000. City of Indian Wells Pledged $ 250,000. Individual Pledged $ 100,000 Land Donation $ 615,000 TOTAL $4,615,000 City of La Quinta (PENDING) $ 250,000. City of Palm Springs (Just submitted) $ 250,000. 144 FIND'S operatine costs FIND'S Audited Operating cost for 2006 and 2007 are $574,053 and $868,178 respectively. Included in these cost are a rental payment of $120,000 in 2006 and 126,000 in 2007 FIND'S current operating budget (7/07 to 6/08) is $804,700. and included in this budget is a rental payment of $126,600. This rental payment will be eliminated from FIND'S operating budget in the new warehouse facility. Therefore, projected increased operating costs, in the new facility, are projected not to exceed normal cost of doing business increases. While energy cost will certainly increase in the much larger facility, new more efficient refrigeration equipment coupled with the fact that the location of the facility is within the Imperial Irrigation District indicate that the increased energy costs will be more than off set by the rental savings. FIND'S PROJECTED operating budget, (7/08 to 6/09) which includes six months of operating cost in the new facility is $800,400. No new administrative or warehouse staff are planned in the first two years of occupancy. Audit is available upon request. City of LaOuinta The request to the City of La Quinta is for a contribution of $250,000. to assist FIND in the acquisition of a new warehouse facility. If approved by City Council this contribution can be paid over a one, two, three, four year time period. FYI. The Desert Healthcare District, City of Rancho Mirage, City of Indian Wells will release their funds to FIND once a certificate of occupancy is issued by the City of Indio. TF� 113 Pi 1 A_U_ 146 ---------L-------I-------L------�-----L-------J- -- y ______-__-L______J_______ L------ J------- L------- ---------- L _l _L _J _L _J J_____ _L______J______-L______J____ E J_-__ $ a a L _____________________li._-- E E r-',-------r------,—'----1----'--------- "c r______ I____ w w S _______._______1_______-______------- r______a____ _J _L _J _L _J - • sp ______ i_______I ___ -__ - E Y -------r--------------r------,___----f------'-i---- n o N n u _____________ r------ y____.__r______ y ______--r______-__-____r-_____r____ ___._____;-______y_______r_____..7___-___r__--__y__-P d C _L _J 4------ J--------- IF p � _J _ _L_N___ LL16 tJ L ` g _______L______JI ______—LI______J______-IL I � II 3 (, i _( _ry____ ___r____--_I___- r______y____.Y�__r______r___- _r_ 1 1 _ __ _____r______y____ $�_1$ _____ ___ _r-F -I- -mIN - _`_ �F tl y N1� _ml___ U l _ i _L _J 19 I ____JO UNV _ J _ N� F _ m I$ 18 _ J O - — -- - g - 'm----J�---- l 2 m tj fl C O -- a1-- _ I a E r9i°92 C� _ ny_ - -- --- w ______J____ ________J__-_ ------------ _-._____ _ _I__ _______I____ ID DDHDDH � VVV I 1 ---------------------------- ------'---- U MIN 5$ co h A A A A M m N N O m A A N 117114 N N N N � A N A N m N A N N << Q N N w_ N A w Is A_V b 10 -____'__-____ g __________ ___________=-r-=__=_ __:------ --- ----------- —-____----___-- _ - -- =-_ --_----=------ m Nr R 46 p ur QQQ3 -_-C_qq - fa fa r-EL pp Q. n' IY l 7$i--N gr E'iU N N Siyy o ro N 1_ r ______________ g g b l - ___ _____ ___________________o W W W F F m i 44 D D.-------------- m N _ _________________ _____}___-______ _______ - _----- __ ------ t---- .-------- - S �VVF _ 1�8 'a — -�---------=----L--==------- = - ------- -- -------r_= _ V ---`--------------------- ------------- ----- ------ ---------------------- ------------- ------ ---- f4 -------------- --------- -------------' ------------- - ---99-qq -ppQQ----------g9-¢Q----9y4g------------N --- ---' -------- COMM QVI T� h O 4 ry N N ry � 4 1� O N N F 0 N O ry 4 ry ry w O O1 m 4 N ry' N Q N N N E h w w w N L N E Ny y w ppp C ¢ p LL- m N S n n a n LL E C O b «v 9 -age 6 s� S 9ga8vg$m m jftN�EE E}�'c w� gL ��pm �UUu. E SQ YQ bb 88888888 @ 4 5 �` 8 888888'o 888aA8888 8 888'0'08888 ,9_i; . 14 8 11 Is _ t _ J j - f e G I gg _b ______1__ __ _'y _ - -_' T ______ _ _ _ __ _ __ __ _ _ 666666 sso C�.mq S- A g E 1 w w LL _pff 9Y 0 - ----_-_-_--___-_--_-_-- -__--_-_---_-_-- -__-_--'J'- ------------- --_-__-_-J---- ---- --- m- __ _- -------- ------ ----------------__--- ---- --- wn m=r„ $ a'L aS J-------- --:__ --_ _---- -------- _=_____-_-_____ _=_ ==_ ____________________ ________________ _ __'______ia D m i ------------ p y _______ -------------------------_------- -------------- C&io_ C d d _ _ . _ _ - _ _ - _ _ _ _'- - _ _ _ - _ ' _ _ - _ _ _ _ _ _ _ _ _ _ � U 0 ____________________________________ _________ H --__--__--_-_-_-_--__--_-_ -_--__--__--_-_-_-_-__--_--_-_-_-__-_---_-_-_-_-_-_-1-__--_-_-_-_- m 0 _ A nI ___________ __ __ _ _ _ v _J__ _ _ J _ _J Lo- �.i Q �oo��0000000o a 0000000 1 1'1 N A A A A m N w Y Y Y Y Q A N A Y d t'l A A N I W N' A A A A w N w O O V Y Q N N A V m O! A A N 1� O P m N 10 w N N QVI . A119 _________ - ________ _,o ry __ �• N - C Y UI(mffij N _ O Op ' N y a. p mR Q E--4- �' , J I� irw-1� m E E 88 Vy U335� S' FUC N�IN 1NI'O 2_O LL 3 8101,3 �I ,1 LL n _ O I OI �1 3 3 3 r Z Z Z 3 3' �i C F_ 12.2 li,li li D O O g�N O-1 OUoI.0 1 iz 99 z r ___________ =--- __===T7 _r_______,___________ =====_________ 6 U N 6 U d _ �___-t ____--i____ _________________________________________ %' 5 __________________ ______ _ __________________ w w w ___T ___ ______ ,___ ___ ___ __-__ N _________ -._______ _______ ------------ ________________________ __ ______ ___________ _________________________________ m U __________________------------------ _ U ' a -- -- ---- -- -�-- --------------- --- ----,---- m a --------------------------_ ---_-_---'-------'---- ---------`---------------------'------- ---- C ----- ---- ----------- -- --------- — --- ---- — a 'a as ............. s uS aaa Sex,,, ssssssssos0000N „cc 0 � Q v N N N N N N !- N l'! < 1� t� N N •' N fl Vf C N N CI 1•! N N N i' � L /�\ Q\V 7 Oa ry w a n N N am a € e z C o 9nE m WE p 2 �N 1y � Sf � �q � �q � � E N � g g � � � $ •' S � � � S uNi O O O O O O O O ❑ O O O g {J Ono O O O O Do O O Ono L N LL li IL IL LL 4L IL LL LL 4. 4 LL LL Y. LL IL Y. IL li IL lL li IL li li Y. 1i E Q a. •aCilr Q O .ayp{ � N e B • p no ggS' p S p pl p O. f] O $�O�{ fwB] Q} ryO �a99 {gO!� ��qOO S'N$ FJ Z3FJ 9 OO�CO =BLL �au a_0 159 c&t!t 4 4 Q" CITY COUNCIL MEETING DATE: April 1, 2008 ITEM TITLE: Consideration of Approval of a Five -Year Agreement Between the City of La Quinta and SunLine Transit Agency Concerning Advertising, Installation and Maintenance Related to Bus Shelters RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Consider approval of a five-year Agreement (Attachment 1) with SunLine Transit Agency (SunLine) concerning advertising, installation, and maintenance related to bus shelters. FISCAL IMPLICATIONS: Under the new agreement, the City will receive $25 per advertising shelter on a monthly basis. The City currently has 13 advertising shelters owned and maintained by SunLine, which will amount to $3,900 in annual revenue. In addition to receiving advertising revenue, the City will also not have to pay for maintaining these bus shelters. If the City enters into an advertising agreement with Gateway Outdoor Advertising (Gateway) directly to advertise in the shelters owned by SunLine, the estimated advertising cost would be $300 to $600 per shelter per month plus an estimated $95 per poster for installation and production of each advertising poster. Attachment 2 is a Price Proposal from Gateway to SunLine, which shows an annual fixed guarantee in advertising revenue SunLine will receive from Gateway ranging from $200,000 in year 1 to $250,000 in year 5. The annual guarantee can be modified quarterly either up or down by Gateway depending on the total number of advertising shelters. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The SunLine Transit Agency is a governmental agency composed of the nine cities of the Coachella Valley and Riverside County that provides public transportation. The City of La Quinta previously had an agreement with SunLine, which authorized SunLine's representatives to construct and erect bus shelters, with advertising thereon, in the boundary limits of the City provided several conditions were satisfied in advance. The conditions included that the shelter designs meet and comply with all applicable building codes, zoning ordinances and regulations and all other applicable City Resolutions, Ordinances and Codes; all City design criteria and approvals thereof are obtained; and adequate easements, encroachment permits, licenses and/or rights -of -way have been obtained. The revenue from the advertising on panels at the bus shelters enables SunLine to install additional shelters as a transit amenity at no cost to cities or the general public. In July, 1988 the City approved an agreement with SunLine for the installation, maintenance and advertising at bus shelters. That agreement expired June 30, 2007. The proposed new agreement contains the following relatively minor changes: 1. The new agreement stipulates that the City of La Quinta will receive $25 per advertising shelter per month, to be paid quarterly. 2. SunLine shall endeavor to secure a prompt resolution of any problems or questions the City may have related to advertising placed on the bus shelters within its jurisdiction. This provision was not in the previous agreement. At the January 15, 2008 City Council meeting, City Council directed staff to bring back additional information regarding the program. Advertising revenue is used by SunLine to pay for the installation and maintenance of the various shelters which have been installed by SunLine throughout the Coachella Valley. SunLine agrees to pay for the installation and ongoing maintenance of shelters in those cities that have entered into an agreement with SunLine. The City of La Quinta currently has 13 bus shelters which are owned and maintained by SunLine. The City Council has several options: 1. Approve proposed five-year advertising agreement with SunLine as attached. 2. Do not approve the proposed five-year advertising agreement with SunLine and enter into a separate agreement with SunLine to continue to maintain the shelters. 152 3. Do not approve the proposed five-year advertising agreement with SunLine, and the City will maintain the shelters on its own. 4. Approve the five-year advertising agreement with SunLine and consider entering into an advertising agreement with Gateway to advertise City events in the shelters in which space is available. Staff has spoken with Gateway directly and the estimated cost to advertise in the panels would range from $300 to $600 per advertising shelter per month. Gateway is willing to negotiate this price based on the number of faces and shelters the City would want to advertise in. If the City wanted to purchase posters produced by Gateway, the estimated cost including installation would be $95 per poster. The City would have the option to print its own posters and deliver to the local Gateway office for installation by Gateway's contracted installer. The cost would then only be $30 per poster for installation/removal. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve a five-year Agreement with SunLine Transit Agency concerning advertising, installation, and maintenance related to bus shelters; or 2. Do not approve a five-year Agreement with SunLine Transit Agency concerning advertising, installation, and maintenance related to bus shelters; or 3. Provide staff with alternate direction. Respectfully submitted, z�_&& Bret M. Plumlee Assistant City Manager — Management Services a 153 Approved for submission by: A/ Thomas P. Genovese, City Manager Attachments: 1. Agreement 2. Price Proposal (SunLine Guarantee) 01; 154 Attachment 1 AGREEMENT BETWEEN CITY OF LA QUINTA AND SUNLINE TRANSIT AGENCY CONCERNING ADVERTISING INSTALLATION AND MAINTENANCE RELATED TO BUS SHELTERS This Agreement is made and entered into this day of , 2007, by and between SunLine Transit Agency ("SunLine"), a California joint powers authority and the City of La Quinta (`City"), a California municipal corporation. SunLine is a government entity composed of and represented by the County of Riverside and the cities of Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio, and Coachella. The Board of Directors of SunLine is composed of one elected official from each of its member entities. SunLine is the public transit provider for the City which enables both its citizens and visitors to enjoy a safe, reliable, nonpolluting mode of public transportation. SunLine's installation and maintenance of bus shelters in the City provides great benefit to citizens and visitors alike by providing dean sheltered places for travelers to wait for public transportation services. The placement of shelters within the City also provides an amenity of great benefit to the elderly and to senior citizens within the City. SunLine owns certain advertising bus shelters within the City and wishes to provide for continued advertising in such shelters. Revenue from advertising enables SunLine to install new additional shelters as a transit amenity at no cost to the public. Advertising revenue also pays for maintenance of shelters and for additional transit services at no cost to the public. SunLine and City are now desirous of entering into an agreement with regard to the placement of present and future shelters and to provide for continued advertising in such shelters. NOW, THEREFORE, the parties hereto agree as follows: GENERALTERMS 1.01 City hereby grants SunLine the exclusive right to place advertising associated with bus shelters placed by SunLine within the public right of way within the City's jurisdiction. In exercising the exclusive right granted it under this Agreement, SunLine shall ensure that the following standards and requirements are met: (a) Shelter designs meet and comply with all applicable SunLine design requirements and City building codes, zoning ordinances, vehicular code ordinances and regulations, and all other applicable City resolutions, ordinances, and codes; a 155 AdverfisingContracfLQ.doc 1 (b) All City design criteria and approvals have been obtained; and, (c) Adequate easements, encroachment permits, licenses, and/or rights -of - way have been obtained. 1.02 The City shall waive all permit and/or license fees imposed by or on behalf of the City that may pertain to Sunline's installation and operation of the bus shelters within its jurisdiction. 1.03 In consideration for the grant of the exclusive rights referred to in paragraph 1.01 above, SunLine shall continue to clean and maintain all bus shelters as well as the area within a 25 foot radius of each shelter. In addition, SunLine will remove or cause the removal of all graffiti appearing on any shelter within the City in an expeditious manner. 1.04 In the event that the City has any problems or questions related to advertising placed on the bus shelters within its jurisdiction, it shall contact SunLine. In any such case, SunLine shall endeavor to secure a prompt resolution of any issue within its legal power to resolve. City acknowledges and recognizes that certain limits may arise in connection with Sunt-ine's ability to regulate the content of advertising, particularly those limits arising under the First Amendment to the United States Constitution and the California Constitution. Within such limits, SunLine will endeavor to correct or address any problem that the City might have with advertising placed in bus shelters within its jurisdiction in an expeditious manner. COMPENSATION 2.01 For each shelter that displays paid advertising, SunLine shall pay to City the sum of $25 per month from advertising revenue for use of the public right of way. Payments are due quarterly, with payments due within 45 days of the close of the preceding quarter. DURATION 3.01 The initial term of this Agreement shall be for a period of five (5) years, plus five (5) year option, and shall be automatically extended upon any extension of any agreement for advertising between SunLine and a third party without further action on the part of the City. IV INSURANCE 4.01 SunLine shall ensure the full repair or replacement of all shelters in the City as well as required appurtenances thereto during the entire term of this Agreement and any extensions thereof. °15$ AdvertisingContractMdoc 2 V SPECIAL PROVISIONS 5.01 It is SunLine's intent to illuminate all shelters during hours of darkness whenever possible and SunLine agrees to utilize its best efforts to accomplish illumination. However, the City acknowledges that illumination is not always feasible and agrees that SunLine is excused from providing illumination in such cases. If shelters are equipped with pay telephones, such phones shall be capable of access to emergency lines (911) without first depositing a coin or coins. If in the City's opinion, any particular telephone creates a problem in any respect, the City shall have the right to order restricted use or removal of the telephone from a particular shelter. The City recognizes that GTE or other telephone vendor has the right to remove phones for business reasons, or to decline to install service at certain locations. SunLine and the City shall jointly approve the placement of any vending machines in any shelter in the City. 5.02 SunLine shall, upon at least 30 days' written notice, provide for the relocation or removal of any shelter at any time the City requires use of the right of way upon which any shelter is situated, whether for street or sidewalk realignment, street, highway, or utility line repairs, or for any other lawful purpose, and whether such removal or relocation is temporary or permanent. Upon a determination by the City that urgency dictates removal in a shorter period of time, SunLine shall act within ten (10) days to cause removal of the shelter if reasonably feasible. 5.03 City shall ensure that the cost of removal or relocation of shelters within the right of way is included in the budget of projects where such removal or relocation is required. In any case where the cost is included, SunLine shall be reimbursed for relocation or removal costs referenced in paragraph 5.02. In any case where the cost has not been budgeted, SunLine and the City shall negotiate and endeavor to agree upon an arrangement to share in the cost of removal or replacement of any shelter as provided under paragraph 5.02. 5.04 The City reserves the right to require conformity with design review standards, including site plan review showing actual physical locations with setbacks, sidewalk space remaining, adequate distances from comers and from driveways. All such features must be satisfactory to the City and to SunLine and shall be in compliance with the Americans with Disabilities Act ("ADA") and with Federal Transit Administration ("FTA") requirements. SunLine shall provide an adequate cement pad under shelters. Within the limits imposed by the FTA and the ADA, the City shall have the right to approve or deny approval to any particular design as to its speck site plan and location, including the right to specify a particular design for a specific location. 5.05 The parties acknowledge and agree that ADA and FTA requirements as to the configuration and approach to newly installed bus shelters may be extremely costly, depending upon the existing condition of the planned location and the adjoining or existing access features. In the event that the City requests placement of a bus shelter in an area that requires substantial expenditures in order to comply with the ADA and with FTA requirements, the City will be requested by SunLine to bear all or a major portion of the costs of installation. The parties shall cooperate in placement of shelters and in the negotiation of costs required to accommodate ADA and FTA requirements. AdveriisingConVactLQ.doc 3 157 w MISCELLANEOUS PROVISIONS 6.01 Attomevs' Fees In any dispute between the parties resulting in litigation, the prevailing party shall be entitled to recover from the other party all reasonable costs, including, without limitation, reasonable attorneys' fees. "Prevailing party" shall include, without limitation, a party which dismisses an action for recovery in exchange for sums allegedly due, or in exchange for performance for covenants allegedly breached, or in exchange for considerations substantially equal to the relief sought in the action, or which receives, in connection with any dispute, performance from the other party substantially equivalent to any of these. 6.02 Entire Agreement This Agreement contains the entire agreement of the parties relating to the rights granted and the obligations assumed herein. Any oral representations or modifications concerning this instrument shall have no force or effect unless contained in a subsequent written modification signed by the parties. 6.03 Indemni SunLine shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, agents, and representatives, against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, expert witness fees, costs, and expenses) incurred by the City, known or unknown, contingent or other wise, directly or indirectly arising from or related to any suit, action or claim that may arise from SunLine's performance under this Agreement The City shall indemnify, defend, and hold harmless SunLine, and its board of directors, officers, employees, agents, and representatives, against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, expert witness fees, costs, and expenses) incurred by SunLine, known or unknown, contingent or other wise, directly or indirectly arising from or related to any suit, action or claim that may arise from City's performance under this Agreement 6.04 Counterparts This Agreement may be executed in counterparts, which shall be treated as originals in all respects. 6.05 This Agreement is entered into at Indio, Riverside County, California. 6.06 This Agreement shall not be construed in anyway to create a partnership or joint venture in any respect between SunLine and the City, or between City and any contractor of SunLine or any of SunLine's remaining member entities. SunLine is acting purely as an independent contractor and not as an officer, agent, partner, joint venturer and/or employee of City. AdvertisingContracti-Q.doc 4 6.07 Notices Any notices given under this Agreement shall be in writing and shall be served either personally or delivered by U.S. Mail, postage prepaid, registered or certified mail, return receipt requested. Notices shall be deemed received at the earlier of actual receipt or three days following deposit in U.S. Mail, postage prepaid. Unless otherwise specified, time limits based upon notice shall be computed from the date of mailing. Notices shall be directed to the following addresses: C. Mikel Oglesby General Manager SunLine Transit Agency 32-505 Harry Oliver Trail Thousand Palms, CA 92276 Tom Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Either party may change its address for notice purposes by giving notice to the other in accordance with Section 6.03, provided that the address change will not be effective until 10 days after notice of the change. 6.08 Non -Assignment Neither SunLine nor City shall assign or otherwise transfer their rights and obligations under this Agreement without prior written consent of the other. Any such assignment without consent shall be void. 6.09 Headings The title and headings of the various sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify, or alter the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first written above. DATED: APPROVED AS TO FORM: By Lisa Garvin Copeland General Counsel for SunLine Transit Agency SUNLINE TRANSIT AGENCY C. Mikel Oglesby General Manager, SunLine Transit Agency A '. 15) AdverdsingContractMdoc 5 DATED: ATTEST: By City Clerk CITY OF LA QUINTA By Don Adolph Mayor of the City of La Quinta s_ 160 AdverfisingContraclLQ.doc 6 Attachment 2 Per the RFP we have presented our proposal for guarantees by inventory type. Our assumptions and deduction, as you requested, are defined below. BASED UPON SITNLINE CONTINUING NIAINTENACE ON SHELTERS AS IS CURRENTLY BEING DONE. i n, Total Percent �t 1"'� % 77 YEAR ib s , Ott " ` .�Over Ulla tlA3C�1 Guarantee u Gotewit yt Guarantee�treYenitte ordectloI $2609000 55% 2 3fi $2961000 55% $3x0a .ifbh1 3 s �, _ , $332,000 55% $400,000 4 r $374,000 55% $450,1100 5. x 5 f $405,000 55% $50,01000 Total 1 67�.Q ME ti§ sanwY E 3 B ti n4L i'' tY, .TF Nm mal industry deductions allowed before °o sharing, -Standard authorized Ad agency commission of 15% -Production printing and/or installation costs billed to client. Footnote: (I )-Assumes all exterior signage as presented in our proposal. -Gateway maintains all bus signage. (2)-Assumes SunLine continues maintenance pprogram expense and guarantee would increase prorated �Fith new ad shelters installed. -Assumes Gateway personnel will insLall/remove advertising displays. Gr A 161 Tay/ 4 4 QuAINrcu F`y OF,�,KEO COUNCIL/RDA MEETING DATE: April 1, 2008 ITEM TITLE: Consideration of a Contract Amendment to the Professional Services Agreement with Katz Okitsu & Associates (KOA) to Prepare the Plans, Specifications and Engineer's Estimate (PS&E) to Widen Highway 111, from 4 to 6 Lanes, Between Washington Street and the Western City Limit, Project No. 2006-04 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Contract Amendment, in the amount of $66,740, to the Professional Services Agreement with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) to widen Highway 111, from 4 to 6 lanes, between Washington Street and the Western City Limit, Project No. 2006-04 and authorize the City Manager to execute the Amendment. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: General Fund RCTC Total Funding Currently Available: The following is the approved project budget: Professional: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $ 210, 000 $321,255 $531,255 $10,620 $53,225 $41,153 $ 346,477 $26,550 $ 53,230 $531,255 162 The approved funding, funding sources, and budget presented above for this project illustrate the amount currently assigned to the original 4 lane improvement. It is now intended that the project be expanded to widen Highway 111 to six lanes between Washington Street and the Western City Limit. On December 7, 2007, the Riverside County Transportation Commission (RCTC) approved the City of La Quinta's request for an additional $1,833,745 for the 6 lane alternative. Staff is working with RCTC to revise the City's reimbursement agreement. The revised reimbursement agreement will be presented for the City Council's consideration in the near future. The following is the Measure "A" Fund estimated project budget presented in the revised reimbursement agreement: Design: Inspection/Testing/Survey: Construction: Total Measure A funds previously allocated Additional Measure A funds approved $180,000 $175,000 $1, 800,000 $ 2,155,000 $321,255 $1,833,745 As with the previous agreement, the City will be responsible to fund its Administrative costs. CHARTER CITY IMPLICATIONS: The project is partially funded with Measure A funds from the Riverside County Transportation Commission (RCTC). As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP). The Phase III Highway 111 Improvement is included within the adopted CIP and scheduled for funding during Fiscal Years 2006/2007. On October 3, 2006, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for A_.: 163 the Phase III Highway 111 Improvements, Project No. 2006-04; and appointed a Consultant Selection Committee. On January 16, 2006, the City Council approved a Memorandum of Understanding (MOU), between the Riverside County Transportation Commission and the City of La Quinta for funding and joint development of State Route 111 Street Improvements, from Point Happy Entrance to West City Limits; and approved a Professional Services Agreement (PSA), in the amount of $53,225, with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Highway 111 Corridor Improvements, from the Point Happy Entrance to the West City Limits, Project Number 2006-04 The scope of work approved on January 16, 2006 provides for KOA to prepare the necessary engineering documents to reconstruct Highway 111 in a four lane configuration, with a raised curb landscaped median, from the entrance at Point Happy to the Westerly City Limits. The scope of the original project did not anticipate widening the facility to a six lane configuration due to the proximity of Point Happy Rock Face. During the course of the project development process, the question was raised regarding the need to widen the facility to a six lane configuration in order to be consistent with the City's Highway III street section. Staff believes widening Highway 111 to six lanes within the project limits would better address the potential traffic congestion, or bottle neck, anticipated within the project limits. However, issues such as construction cost, pedestrian/bike circulation and impact to the Point Happy Rock Face will have to be addressed as well during design of the expanded project. On August 7, 2007, the City Council directed staff to bring back an amendment to KOA's Professional Services Agreement (PSA) and funding recommendations which would allow for the installation of a six lane facility with minimal shoulders. In addition, the City Council directed that KOA's scope of work for landscaping be expanded to include design alternatives for an enhanced "City Gateway" entrance to the City. Presented as Attachment 1 for the City Council's consideration is the proposed contract amendment with KOA to perform the necessary services directed by the City Council. The revised scope of work will allow KOA to design Highway 111 to be a six lane facility with minimal shoulders. The design budget includes an expanded landscape scope of work to develop enhanced gateway landscaping alternatives. The scope n, 16f of work does not include final landscape design. Final landscape design will be included once an alternative is selected for the enhanced gateway theme. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Amendment, in the amount of $66,740, to the Professional Services Agreement with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) to widen Highway 1 1 1, from 4 to 6 lanes, between Washington Street and the Western City Limit, Project No. 2006-04 and authorize the City Manager to execute the Amendment; or 2. Do not approve a Contract Amendment, in the amount of $66,740, to the Professional Services Agreement with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) to widen Highway 1 1 1, from 4 to 6 lanes, between Washington Street and the Western City Limit, Project No. 2006-04 ; or 3. Provide staff with alternative direction. Respectfully submitted, Jmothy R ona n, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. KOA Corporation Contract Amendment No. 2 A.- 163 ATTACHMENT 1 4 Qakrry PROJECT NO. 2006-04 PROFESSIONAL SERVICES AGREEMENT PHASE III HIGHWAY 111 STREET IMPROVEMENTS CONSULTANT: KATZ, OKITSU & ASSOCIATES (KOA) Attention: Mujib Ahmed, P.E., Vice President 3190 C Shelby Street Ontario, CA 91764 CONTRACT AMENDMENT NO. 2 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. DESCRIPTION OF CHANGE This contract amendment authorizes additional scope and fee to prepare the plans, specifications and estimate (PS&E) to widen Highway 111, from 4 to 6 lanes, between Washington Street and the western City Limits. KOA's request for additional services, dated March 5, 2008, is attached and made part of this contract amendment. tttNiwN#%NN%tt#twN#N#i NNNNNNNfi##fifi%%##%iN%i%t iwwwwNNNN%NN Previous Contract Amount Thru Contract Amendment No. -1- $59,225.00 Add this Amendment $66,740.00 Revised Contract Total $125,965.00 The contract completion date has been extended thru September 30, 2008. Submitted /},� Date: O By: � Approved By: Date: 111. 166 We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform a# labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted Title: By: t {�i<E j��FJY77F/YT Consultant: KOA CORPO AT-leN Date: d 3190 Shelby St., Suite C Ontario, CA 91764 A.., 167 Supplement #2 3/5/2008 SR111 between Washington Street and the City of La Quinta Western limits Introduction: The SR 111 Project was originally scoped to complete the missing link of curb, gutter and sidewalk on the north side of SR 111 between Point Happy and the City's Western Limits. In subsequent meetings with the City staff, it was decided that it would be advantageous to design a six lane arterial corridor to match the existing street cross section for Highway 111 in La Quinta as well as the proposed six lane widening undertaken by the City of Indian Wells west of the project limit. It was also agreed that the eastern project limits will be extended east through Point Happy and matched to the existing lane configuration. Since SR 111 is now within the City of La Quinta, jurisdiction opportunities for shifting the south curb could also be considered in this design. It is anticipated that some median and curb alterations near the Point Happy intersection may be required to achieve the proposed improvement. The City Council had also requested that a gateway design approach be considered along with the roadway improvements in this corridor. Landscaping scope for this project has been modified accordingly and included with this supplement. A summary of the new scope of work outlined below will follow the details included in the original scope of work. SCOPE OF WORK DESIGN PHASE Task 1 Project Management and Administration This will be a continuation of the task in the original scope of work. For this new supplement, it is anticipated that three project meetings will be held in the City of La Quinta's office during the project development and final completion phase. No presentation to the City Council is assumed during the development of this project. Coordination will be required with the City of Indian Wells and it is anticipated that it would be limited to one meeting regarding project coordination to match the six lane configuration. Task 2 Data Review, Field Surveying and Base Mapping Surveying and base maps for this project were prepared during the original scope of the project, and it is anticipated that adequate distance east of Point Happy was surveyed which would not entail any further detail 168 surveying. If minor field data is required KOA will use its own staff and make measurements in the field. Task 3 Rockfall Mitigation Design Detail work relating to rockfall hazard and mitigation concept was studied during the original scope of the project. It is anticipated that one of the alternatives pertaining to the six lane design option that also shows the mitigation for rockfall will be considered for the final PS&E. A s noted above, since SR1 11 will be in city jurisdiction, opportunities for shifting the roadway to the south side will be considered to minimize impacts to the rock slope to be studied under task 4 below. KOA will prepare design details for sloping the rockface at 1:1 slope and detail the debris fence and netting for mitigating the rockfall. Additionally, further research will be conducted for writing the special provisions regarding flattening of the rockslope. In other words determination will be made that tools that would be allowed to the contractor for removing the loose rocks, debris control and time of construction. A determination will also be made as to where the rocks will be hauled to and estimated costs to determine engineers estimate for such work. Task 4 Preliminary Design Plans A six lane design alternative was prepared for this project. This new supplement is being prepared to develop the final PS&E package that conforms to the six lane plan that has been reviewed by the City. The only effort needed under this task will be to extend the six lane section east through the Point Happy intersection. This six lane preliminary plans which is being considered the basis of this supplement is included as Exhibit "A" of this scope of work. The plan also shows the cross-section and the mitigation ideas for the rockfall as noted in Task 3 above. KOA is confident that six lane configuration as developed and shown in Exhibit A could be extended to match the existing SR111 within the limits of the base map that was prepared for this project. As noted above, the SR111 is now in the City's jurisdiction so options for shifting the roadway slightly south will be studied and preliminary costs prepared accordingly. It is anticipated that a couple alterations of design will be prepared to obtain approval and acceptance of design from the City. The approved plans will become the basis of final PS&E. Detail hydraulic report will not be prepared for this project. However, provisions for maintaining the existing drainage will be considered. S_.. . 169 Task 5 Traffic Signal Modifications No traffic signal modifications are anticipated on this project. No changes to the pedestrian traffic crossings are being proposed on this project. Only modifications to the existing traffic islands and median sections will be impacted and require some minor intersection design considerations. If any changes to the signal system as a result gateway design or other design changes becomes necessary then it would be considered extra work. Task 6 Landscaping and Irrigation This project originally had included an item for designing landscaping in a short median island west of the Point Happy intersection. However, during the presentation of the project to the City Council, it was decided that a landscaping objectives should be expanded to include a gateway design approach for this corridor. KOA's sub -consultant prepared a scope and fee for this effort and scope, and fee for their effort is included as an attachment to this supplement. KOA staff will also participate in maximum of two meetings arranged for review of Gateway design concepts. Task 7 Traffic Control Plans Traffic Control Plans for this project will be prepared for the six lane section instead of the four lane section as originally scoped for this project. Additionally rockfall mitigation including flattening of the rock facing may requires closure of some lanes. Traffic control plans will be prepared so that at least one lane of traffic is maintained in each direction during construction. Task 8 Prepare Interim and Final Plans, Specifications and Estimate KOA will prepare and assemble a set of drawings for the new total length of the project and prepare in 60%, 95%, 100% and Final Stages. The plan will be assembled after individual tasks are completed as defined above. These plans include, Vicinity Map, Roadway Sections showing pavement thickness, and median modifications etc. Additionally, Special Provisions for this project will include more complex construction items such as grading the slope of the rockhill at 1 : 1 grade, highlighting methods of controlled rock excavation including construction of the debris wall. This detail was never included in the geotechnical report provided by the City and KOA will be preparing this special provision for the project. All aspects of the design are included in the PS&E preparation as noted in the tasks above except for the landscaping and gateway design, the details of which are unknown at this time and will be developed during the preparation of the roadway PS&E. p 170 Once a determination is made as to what type of Gateway design the City would like to construct at the project site, KOA will prepare a supplement scope and fee for preparing the PS&E in association with DVD to be included in the bid package for this project. CONSTRUCTION PHASE Task 9 Engineering Support during Bidding, Award & Construction Phase This activity will be for the revised length of the project. It is assumed that the City will be responsible for preparation of the bid package, advertising and awarding the contract and for distributing the contract documents to interested contractors. KOA will only have a marginal role in assisting the City during the bid phase. This includes answering questions from prospective bidders and during the bidding and construction phase. 4 : 171 ■,■■■:■,■ © 2 $ : ! ;... ..., a ` m a .. . a d \i k z ||■ .,.�,.,. -,} k . � §$! .... ,,.■f \!/a! " # ■ ,a, _ ! m u O IN r LU §|�{ !� i$! �\ ) )� / k � | ■ ! $ f � - _! - �Z ^ |■|2��! 4:: 172 December 12, 2007 NOLTE BEYOND ENGINEERING Ming Guan KOA Corporation 3190 C Shelby St. Ontario, Ca, 91764 FAX: (909) 890-9694 RE: Extension of Highway 111 City of La Quinta - Phase III Street Improvements to C/L of Washington Street, FIN 2006-04. Dear Ms. Guan: Based on your most recent request, we are pleased to present our proposal for providing surveying services for the above -referenced project. ➢ Provide topographic survey, based upon existing aerial photogrammetric done on February 24, 2007 for the initial survey done by Warner Engineering, showing surface contours and prominent photographable surface features, to U.S. mapping standards based upon Caltrans surveying requirements; conduct supplemental location and cross-section surveys. Horizontal vertical control to meet Caltrans requirements (Metric or English scale, ACAD v2007). We propose to provide the foregoing services for the following fee: ➢ Total fixed fee of $6,400.00 (Six Thousand Four Hundred Dollars). Please indicate your authorization of this work by signing in the space provided below. Kindly return the original copy to our Palm Desert office when you are ready to have us begin the work. This opportunity to be of service to you is appreciated: If you have any questions, please contact me. Y rs very truly, 19 y: Jay Fahrion Professional Land Surveyor Survey Manager PROPOSAL ACCEPTED BY: BY: Signature /Date All fees and other charges due Nolte will be billed every four weeks and shall be due at the time of billing. If Client fails to -pay -Nolte -within -thirty (30) days -Client agreas-to.-pay a monthlyJate payment charge, which will be the lesser of one and one-half percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate which will be applied to any unpaid balance commencing thirty (30) days after the date of the billing. Client agrees to limit the liability of Consultant, its principals, employees and subconsultants, to Client and to all contractors and subcontractors on the project, for any claim or action arising in tort, contract, or strict liability, to Consultants fee. Client and Consultant acknowledge that this provision was expressly negotiated and agreed upon. NOLTE ASSOCIATES, INC. 73-185 HIGHWAY I 1 I, SUITE A , PALM DESERT, CA 92260-3929 768.341 3101 TEL 760:3A175999 TAX - — -- — WWW.NDLTE.COM �m.m.,em•,ene wm,awso�w.,,,..pM- ... - i . 173 �VJrD ODaom�a Vo2v, LIDeoBC5c-. a. I'dI'a I'�. . October 4, 2007 I,"rpuraty Ulnrr louthorn 1 alilurnia Katz, Okitsu & Associates 1055 Corporate Center Drive, Suite 300 Monterey Park, CA 91754 Attention: Mr. Mujib Ahmed 0ua, hella Nallcs ()11i,, -vnnl I .dh 1 1" RE: Point Happy Gateway Improvements „ Proposal to Provide Landscape Architectural Services Dear Mr. Ahmed, Thank you for inviting DVD to be a part of your team on this project. I enjoyed meeting with you last week to discuss the possibilities for the Point Happy Gateway. We are excited about the possibilities of creating a new gateway for the City of La Quinta. At a minimum this would entail enhancement of the existing entrance sign and addressing the proposed changes to the rock face along the east side of Highway 11 I related to the proposed road widening. We see a wide range of opportunities for creating a unique and stunning gateway to La Quinta. We would like to explore these in two workshops with city council and staff. The process we would like to go through involves presenting a photo montage of the existing Point Happy passage way and identification of opportunities for gateways, art, and dramatic lighting improvements to develop this gateway landmark for the north end of town. Some of the ideas we have include using natural features, the city's historic architecture and incorporating art through the Art in Public Places Initiative. Depending on the direction provided by Council at the workshop meeting, DVD will develop concepts the City design team wishes to address. At a second Council workshop we would present the possible concepts (up to two) for further review and comment. Upon receiving direction we will proceed with developing two prepare artist's rendering of the preferred conceptual plan elements, a budget estimate, and design report. At the time requested, DVD will make a formal presentation to Council for further action. SCOPE OF WORK For this project, David Volz Design (DVD) proposes the following scope of work: 1. Initialize Project Phase III, Highway I I I Street Improvements Page I of 1.01 Initial Kick -Off meeting a. review project criteria and program objectives b. review procedures and design schedule C. assign calendar dates to each milestone 1.02 Data Collection/Field Investigation a. document site and structures b. collect Utility Information 1.03 Perform field investigations a. prepare photo survey of site b. annotate maps with ideas from the site review. 1.04 Prepare Exhibits a. prepare photo montage of the Happy Point and Highway I I I area b. prepare exhibits depicting an array of design opportunities (including artwork, dramatic lighting, natural features and public art) 1. Council Workshops 1.01 Initial Council Workshop to present a variety of design opportunities for creating the gateway entrance 1.02 Develop concepts (up to two) for the La Quinta Gateway 1.03 Second Council Workshop to review concepts 1.04 Prepare artist's rendering of the preferred conceptual plan elements 1.05 Prepare budget estimate 1.06 Prepare design report t , l a n,P, 14 LFormal Presentation to City Council 1.01 DVD will make a formal presentation to City Council for further action. PROFESSIONAL FEES For this work we have allotted approximately 200 hours for a fee of $22,000. This includes two council workshops and a formal council presentation. Artist's renderings/work will require an additional $4200 for a birds -eye final concept. David Volz Design proposes the following fees for the design work on the various project areas: Task 1 Project Start -Up $ 7,500 Task 2 Council Workshops $ 18,700 Task 3 Presentation to Council $ 1,200 TOTAL DESIGN FEES $ 27,400 Printing and reprographics cost will be billed at cost plus 15%. When prepared in-house, these services will be billed at market rates with no mark-up. Additional services, if requested, will be provided at our standard hourly rates. , Phase III, Highway I I 1 Street Improvements Page 2 of 3 Assumptions DVD will use base maps prepared by Katz, Okitsu and Associates. I am looking forward to working with you on this project. Should you have any questions or need additional information, please do not hesitate to call. Very truly yours, DAVID VOLZ DESIGN David J. Volz Principal/Landscape Architect #2375 Phase III, Highway I I I Street Improvements Page 3 of 3 ljlll 176 V Qum& OF`y OF TKF'O COUNCIL/RDA MEETING DATE: April 1, 2008 ITEM TITLE: Consideration of a Resolution Approving Revised Facility Use Policies for Fees and Charges at Public Facilities including the Museum, Library, and Senior Center RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving revised Facility Use Policies for fees and charges (Attachment 1) at public facilities including the Museum, Library, and Senior Center. FISCAL IMPLICATIONS: The Facility Use Policies revision will include fees associated with the use of the Museum, the Library Community Room, and the Senior Center, facility security deposits, and mandatory cleaning fees. The admission fees and rental fees to be established for the Museum will generate additional revenue to offset costs of traveling exhibits. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 21, 2005, the City Council approved the current Facility Use Policies (Attachment 2) for City facilities. Upon City Council approval, these Facility Use Policies will also include Museum rental fees and applicable admission fees. Facility fees being proposed for the Museum include fees for the use of meeting rooms, kitchen, courtyard, upstairs patio, and audio/visual equipment. Fee changes include a change in the Library Community Room fees, an increase in fees for usage of the Senior Center Multi -Purpose Room, an increase in security deposits for the Senior Center, and the establishment of a mandatory cleaning fee for all facility rentals. 177 A range of Museum fees for traveling exhibits from other institutions are recommended to offset the costs of these traveling exhibits. Facility Use Policies & Rates The current classification of groups for all facility and park rentals are as listed in the current Facility Use Policies: CLASSIFICATION OF GROUPS CLASS I: La Quinta youth (18 and under), 501(c)3 recreation organizations CLASS II: La Quinta non-profit organizations, community -based organizations, competitive youth sports leagues, Desert Sands Unified School District (Sports Complex use only) CLASS III: La Quinta residents and DSUSD (for all other facilities) CLASS IV: La Quinta business and profit organizations, non -city residents, organizations and businesses, and all youth sports leagues tournaments Museum Rooms and Library Community Room (Fee Establishment): The Library Community Room is 962 square feet and has a maximum occupancy of 65. The first floor Museum Meeting Room is 956 square feet and has a maximum occupancy of 64. The upstairs Exhibit Hall 3 (future Expansion Areal is 887 square feet and has a maximum occupancy of 59. These three meeting rooms are similar in size and occupancy and staff recommends fees be the same as those charged for the Library Community Room. The Library Community Room, Museum Meeting Room, and Exhibit Hall 3 will only be rented out to organizations that fall within the Class II classification, which are non-profit organizations. The rental fees would be established at the Class II rate of $50 per hour which is based upon operational costs. Museum Meeting Room and Courtyard Package: The total maximum capacity of the Museum Meeting Room and Courtyard package is 246 occupants. The Museum Meeting Room and Courtyard package would only be made available to Class II organizations at the rate of $75 per hour. Museum Upstairs Patio and Courtyard Package: The total maximum capacity of the Museum Upstairs Patio and Courtyard package is 205. The Museum Upstairs Patio and Courtyard package would only be made available to Class II organizations at the rate of $70 per hour. This rental package would cater to outdoor only receptions. 173 Museum Kitchen: The Museum will have a kitchen made available for rentals. The kitchen is accessible through the downstairs Meeting Room or directly from the outside, which is convenient for both indoor and outdoor rental usage, The Senior Center also has a kitchen made available at an hourly rate for rental usage; the same rental fees should therefore be applied to the usage of the Museum kitchen. Museum Audio/ Visual Equipment: The Museum will have a projector and sound system available for rentals in the downstairs Meeting Room. The Senior Center Multi -Purpose Room also has a sound system available for usage by rentals at an hourly rate; the same rental fees should therefore be applied to the usage of the Museum projector and sound system. Senior Center Multi -Purpose Room (Fee Establishment): The Senior Center Multi -Purpose Room has a maximum capacity of 225 occupants. Staff recommends that the rental rates for the Senior Center Multi -Purpose Room be increased for groups in the Class III and Class IV classifications. These fee increases consider the increase in staff time, janitorial costs, and maintenance costs to restore the Senior Center after a large rental. Class III rental fees would increase from $90 to $100 per hour; Class IV rental fees would increase from $100 to $125 per hour. Facility Deposits and Mandatory Cleaning Fees The current facility deposit required for rentals is $400. This refundable security deposit covers additional cleaning or damages if needed after the event, as well as staff and utility costs if a rental goes past the contracted end time. The rental group receives the deposit back after the event if the facility is left clean, undamaged, and they left the facility at the time contracted. Staff is now proposing that two facility deposits be established: 1. A $100 deposit for meetings of 65 people or less in the Library Community Room, downstairs Museum Meeting Room, and upstairs Museum Exhibit Hall 3 (future Expansion Area); and 2. A $500 deposit for all other facility rentals including the Senior Center Multi - Purpose Room, Museum Meeting Room and Courtyard Rental package, and the Museum Upstairs Patio and Courtyard package. Meetings with 65 people or less rarely require cleaning or repairs after the rental, so $100 is a sufficient deposit. 179 Staff recommends that the facility deposit for the Senior Center be raised from the current $400 to $500. This is needed to help cover extra staff, facility costs, janitorial costs, and maintenance costs. Many large events leave facilities in poor condition. A $500 mandatory security deposit is recommended to encourage proper clean up and care of facility. Currently, only events with alcohol must pay a mandatory cleaning fee of $185. Due to the intense facility usage demonstrated by larger rental groups, staff is recommending the established $185 cleaning fee become a mandatory fee for all large facility rentals (more than 65 people)• Museum Admission Fees Staff is recommending the establishment of fees for traveling exhibits to be collected at the Museum. The rates will range from $3 to $12 based on the costs of traveling exhibits that will be displayed at the Museum. Staff is planning two to three exhibits annually from potential sources such as the Smithsonian Institute Traveling Exhibit Services, the American Museum of Natural History, and National Geographic. The Museum staff will use ticket sales and attendance to gauge public interest and guide budgeting and scheduling. A survey of museum admission fees is included as Attachment 3. Staff recommends the proposed traveling exhibit fees be waived under the following conditions: • La Quinta Historical Society members not be charged in the interest of promoting La Quinta Historical Society membership and volunteer involvement. • Museum professionals and scholars conducting research will not be charged. • Staff will offer free special events at the Museum to encourage attendance to targeted markets (i•e., La Quinta High School Day, College of the Desert Day). FINDINGS AND ALTERNATIVES: 1 . Adopt a Resolution of the City Council approving revised Facility Use Policies for fees and charges at public facilities including the Museum, Library, and Senior Center; or 2. Do not adopt a Resolution of the City Council approving revised Facility Use Policies for fees and charges at public facilities including the Museum, Library, and Senior Center; or 3. Provide staff with alternative direction. ISO Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Fees Comparison 2. Current Facility Use Policies 3. Coachella Valley Museums spreadsheet isi RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING FEES AND CHARGES FOR PUBLIC FACILITIES INCLUDING THE MUSEUM, LIBRARY, AND SENIOR CENTER WHEREAS, the City Council of the City of La Quinta recognizes the benefit to the community that is provided by the availability of facilities to be used for private rental needs; and WHEREAS, the City Council desires to regulate facility use fees and policies governing facilities and to provide guidelines to City staff to monitor scheduling and use of facilities, ensuring maintenance and use policies are enforced; and WHEREAS, the City Council has approved Facility Use Policies for the Senior Center, Library, and Civic Center and will approve Facility Use Policies and Admission Fees for the Museum. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: MUSEUM ITEM PROPOSED FLEE CLASS I CLASS II CLASS III CLASS IV Meeting Room Not Applicable $50/hour Not Applicable Not Applicable Exhibit Hall 3 $50/hour Meeting Room and Courtyard Package $75/hour Upstairs Patio with Courtyard Package $70/hour Kitchen $20/hour Audio/Visual Equipment $25 Mandatory Cleaning Fee (More than 65 people) $185 Insurance Coverage $75 - $180 Security $18 - $36 hour Facility Deposit (65 people or less) $100 Facility Deposit (More than 65 people) $500 4 182 Resolution No. 2008- Facility Fees and Charges Adopted: April 1, 2008 Page 2 General Admission Wit AO EXHIBIT FATES Range of $3 to $12 Ages 11 and Under; La Quinta Historical Society members; Museum professionals and Free scholars conducting research; and special events. _ LIBRARY ITEM PROPOSED FEES CLASS I CLASS II CLASS III CLASS IV Community Room Not Applicable $50/hour Not Applicable Not Applicable Facility Deposit (65 people or less) $100 SENIOR CENTER ITEM PROPOSVI) PEES CLASS I CLASS II CLASS III CLASS IV Multi -Purpose Room $55/hour $75/hour $100/hour $125/hour Facility Deposit (65 people or less) $100 $100 $100 $100 Facility Deposit (More than 65 people) $500 $500 $500 $500 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 s` day of April 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 193 Resolution No. 2008- Facility Fees and Charges Adopted: April 1, 2008 Page 3 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California A 18� ATTACHMENT 1 Q ca m J N a m Q 0 z > g N 0 O O O J � U o N j L 00 O W J N N 4. U 2 R N L O U G o a a U +n N L O a Q O U m c 0 o m a y 0 O O N 0 0 .>a° m a� c O E y « a0 E" O — 0 W ~ O U N LL O m O LL (O m D W N 7 > - a m N> U 0 z d = W t uja U o W z � d 00 o LL y L L L L L N O7 O O Oto LL' O O vs OO L yy J tD r N — a m N Vl m > J Q U 0 z N Q J U N tt} Q Id! J Z Z�! N J U y Q J U d o O « c o c N m LL N p U E c 0 a.m O 0 O 'O Q E E U U W N >Nm z m A° m U o 0 0 o E m ¢ �u a j > y > N 0 "O C J _ O_ C W uj N N X J N O a O U O N N t00 In O .- O C10 185 CC W H z W U cc 0 z W N) N L O O Q J N N y+ U .n N L fA N 0 W 40 O a to N W U ° CL N � rn c K — y w O U O O d a ° ° u a U g z a d c N m L U O O O O J U °LO Z N N O co O fA L 0 N O O O Q C) N O W N L_ L W N] O O Q O O) 0 O7 In N N N W L V? N W W J N z w O10 L L N L E N OJ Q O O H N OO L yai. J r r N H O ° (n 00 0 0 0 0 00 uMi O O V1 a0 L L L 0 N OJ 0 L a a W +n u+ N N C � U n O Y N LL N O. O ° O N W C N U U. (O O rG M X y@ A N C y N N n> U m O N o N ° m 7 U U O L U >. 0 p d� N C J N C r c lO O y 0 b O U r Q Y Q C U) lL O lL (O • o, ATTACHMENT 2 FACILITY USE POLICIES (Senior Center, Library Facility, Civic Center, Amphitheater, Gazebo & Cove Oasis Trailhead) 1. APPLICATION FOR FACILITY USE A. The Facility Use Application shall be submitted at least thirty (30) calendar days prior to use. B. Applications will not be accepted more than twelve (12) months in advance of use, except for contiguous multi -day rentals. C. Reservation time modifications will not be accepted less than ten (10) working days prior to scheduled use. D. All Facility Use Applications are subject to approval by the Community Services Director. E. Reservations will be confirmed upon payment of all fees and copy of signed Facility Use Application. F. Approved use is non -transferable. The person signing the Facility Use Permit is responsible for the conduct of all participants and is fully responsible for any damage caused by use. G. The person signing the Facility Use Permit must be 21 or older. H. Reserved times must include set up and clean up time. All applicable fees will be charged for all facility usage time. All laws and City ordinances must be followed. J. The City of La Quinta reserves the right to full access to all activities at any time in order to ensure that all rules, regulations, and laws are being observed, and if necessary may terminate an activity for the safety and welfare of City property. K. Renters refusing to adhere to policies will be forced to leave the premise after one (1) verbal warning issued by staff to the signer of the Facility Use Permit. The signer of the Facility Use Permit must be on the premises during the hours of the event. S \Community Services\Facddy Rental Info\Policies\SeniorCenter-Library Final Version 06-21-05 doc .v 187 L. The City of La Quinta assumes no liability for any injury, damage, theft or loss of property belonging to others, before, during or after usage. M. No animals except those used for disability assistance allowed in any City facility. N. The maximum capacity of the Senior Center is 200 people, maximum capacity of Library multi -purpose room is 300 and the capacity of the Library community room is 60. Total attendance must be provided on the Facility Use Permit. Exceeding maximum capacity of any facility will result in a warning by City staff. Failure to adhere to the maximum capacity of the facility will result in closing down the event and loss of all deposits and fees. 0. Fees will be doubled for reservations scheduled on holidays and holiday weekends. P. In order to receive deposit fee refund, the Community Services Department must have a current mailing address. 2. USE OF THE SENIOR CENTER AND LIBRARY: A. Chairs and tables for up to the maximum capacity; trash cans and liners; and paper supplies for the restrooms will be provided. Renter is responsible for all other supplies and equipment. B. Pre-existing condition of the facility is as presented. Requests such as window washing or power washing of exterior may be made available at the expense of the rental party. C. Pianos, podium and overhead projector are not available for public use. A public address system is available for a minimal fee at the Senior Center. D. All teenage groups must be accompanied by responsible adult chaperones including the signer of the Facility Use Permit, on a ratio of two (2) adults for the first twenty (20) juveniles and one (1) adult for each group of twenty (20) juveniles or part thereof. Chaperones must stay with group at all times. 3. USE OF THE CIVIC CENTER AMPHITHEATER AND/OR GAZEBO: A. Sound system and electricity will not be provided. B. Chairs and tables must be provided by the rental party; equipment may not be removed from the Senior Center or Library. S \Community Services\Facility Rental Info\Policies\SeniorCenter-Library Final Version 06-21-05.doc t 1 J 3 4. REASONS FOR DENYING APPLICATION The Community Services Director may deny an application for the following reasons: A. Applicant's violation of the conditions of Facility Use permits (current or prior permit). B. Applicant's violation of the City's rules and regulations relating to the use of facilities. C. Failure to cooperate with City staff. D. Previous incidents where Facility Use resulted in damage to City property. E. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been approved. 5. RENTAL RATE CLASSIFICATIONS Rental rates of the City Parks and Recreation facilities are classified as Class I -IV along with the Fee Schedule for each classification. The City of La Quinta has first priority for all uses. La Quinta residents have second priority. All others are to follow in the priority of use. 6. SECURITY / CLEAN-UP DEPOSIT The Security / Clean -Up Deposit is due with the Facility Use Application. The deposit will be refunded within 3-4 weeks after the event, except under the following conditions: A. Upon arrival, renter will complete a walk through with staff. Any damage or uncleanliness must be brought to staff's attention at this time. At the conclusion of the event, staff will walk through facility with renter and document any damage or uncleanliness; time of departure will also be noted and deducted from the deposit if it exceeds permitted time along with staff costs. Security deposits will be released upon written report by staff to City administration. B. Damage to the facility while premises are under responsibility of user: Cost of repairs as determined by the Community Services Director will be retained by the City and deducted from the deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. 5 1Commumty Services\Facddy Rental Info\Policies\SenrorCenter-Library Final Version 06-21-05.doc 189 C. If the facility is not left in a clean and orderly manner, the cost to clean the facility appropriately will be deducted from the Deposit. If cost of cleaning exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. If cost of cleaning exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. D. Vehicles are not allowed to be driven on areas that are not specifically designated for vehicular traffic. Cost of repair to surfaces will be deducted from deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. 7. LIABILITY All persons receiving a Facility Use Permit must agree in writing to hold the City of La Quinta harmless and indemnify City of La Quinta from any and all liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and said person shall be liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by City which result from the activity of the permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his/her own risk without liability on the part of the City of La Quinta for any injury to persons or property resulting therefrom. All activities involving an inflatable amenity must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is $1,O00,O0O minimum of combined single limits. All groups and private parties using a City facility must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is not less than $5OO,OOO general liability insurance coverage per occurrence. Insured's name must be the same as the renting party on Facility Use Policy. 8. PAYMENT OF FEES AND DEPOSITS All fees and deposits are considered due at the time the application is submitted. Cancellation of reservations will result in loss of 50% of deposit fee if the City is notified less between 15-30 calendar days of reservation. Cancellation of reservations less than 15 calendar days of reservation will result in lost of 100% of deposit fee. (�r� S \Community ServicesTactlity Rental Info\Policies\SeniorCenter-Library Final Version 06-21-05 doc c J'J 9. USER CLEAN-UP RESPONSIBILITY The rental user of the facility shall be responsible for the following clean up upon completion of rental use: A. Deposit all trash, including bottles, cans, cups, cigarettes and paper in proper receptacles and deposit trash in nearby dumpster area. B. Mop up any liquid spilled on floor. C. Leave kitchen or concession stand and all equipment in a clean, sanitary condition and in proper working order. D. All groups are responsible for setting -up and taking -down chairs and tables, and for clean up of facility and the immediate area unless optional set-up and cleaning fee is paid. E. Equipment from City facilities may not be taken outdoors. 10. FOOD AND BEVERAGE No food or beverage may be sold or served at any event unless specified on the Facility Use permit. Barbecuing is allowed in City provided barbecues only, except in the case of a City sponsored event and approved by the City Council. 11. ENDING TIME OF ALL EVENTS Use of the Senior Center and Library facility is limited to 12:00 a.m. 12. CLEARANCES, LICENSES AND CERTIFICATES Users may be required to secure any or all of the following clearances, licenses and/or certificates before the Facility Use Permit Application is approved. A. Dance permit or business license (granted by the City of La Quinta Business License Division). B. Police clearance (granted by the Riverside County Sheriff's Department) C. Special daily beer or liquor license (issued by the Alcoholic Beverage Control Office in San Bernardino, California). S \Community Services\Facility Rental Info\Poliaes\SeniorCenter-Library Final Version 06-21-05 doc A. 1 191 D. Certificate or proof of insurance naming the City of La Quinta as additionally insured. 13. DECORATIONS A. Decorations may not be fastened to light fixtures, tables, chairs, stage or other City property. B. Health and Safety codes pertaining to the flame proofing of all decorations must be followed. C. Glitter, birdseed, rice or other like items are not allowed. D. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. All decorations must be removed at the end of the event. E. No open flame, barbecue or other cooking devices will be permitted in the facilities unless otherwise provided by the City. 14. PUBLICITY Publicity for any event held at any Parks and Recreation facility may not be released until final approval of the Facility Use Application. Signage will be in accordance with Chapter 9.60.170 of the La Quinta Municipal Code. 15. SMOKING Smoking is not permitted in any City building. 16. ALCOHOL AND/OR LIVE ENTERTAINMENT Security guard service is required for events where live entertainment and/or alcohol are served. For groups of 100 or less, one (1) guard is required. For groups of 101 to 200, two guards are required. For groups of 201 to 300, three guards are required (Library use only). Teen parties are required to have two (2) guards for 100 people or less, and (4) guards for 101 people or more. Guard service will be arranged for by the Community Services Department once the fees have been paid by the renting party. All permits must be presented to the Community Services Department two weeks prior to the event, or deposit may be forfeited. Only events that have been granted a permit from the Alcoholic Beverage Control will be allowed to serve alcohol. S \Community Services\Facility Rental Info\policies\SenrorCenter-Library Final Version 06-21-05 doc Al 192 Alcohol is limited to beer, wine and champagne only. Parties refusing to adhere to the alcohol polices will be shut down after one (1) verbal warning. Parties serving alcohol must pay to have the City's custodial service clean the facility after the event. S \Community ServicesTacdRy Rental Info\Policies\SeniorCenter-Library Final Version 06-21-05 doc FACILITY USE FEE SCHEDULE CLASSIFICATION OF GROUPS Class I: La Quinta youth 08 and under), 501(c) 3 recreation organizations Class It: La Quinta non-profit organizations, community -based organizations, competitive youth sports leagues, Desert Sands Unified School District - (Sports Complex Use Only) Class III: La Quinta residents and DSUSD (for all other facilities) Class IV: La Quinta business and profit organizations, non -city residents, organizations and businesses, and all youth sports leagues tournaments CLASS I CLASS II CLASS III CLASS IV ITEM Civic Center Campus, Amphitheater, Gazebo, S5O per hour $75 per hour $1OO per hour $150 per hour Cove Oasis Trailhead Senior Center / Library Multipurpose Room $55 per hour $75 per hour $90 per hour $1OO per hour Senior Center Kitchen $1O per hour $2O per hour $25 per hour $3O per hour �Library Community Room $5O per hour $7O per hour $85 per hour $95 per hour Senior Center/ Library Mandatory Cleaning $150 $15O $15O $15O ((parties serving alcohol) Senior Center/Library Security $18 - $72 per $18 - $72 $18 - $72 per $18 - $72 per (rental events vary) hour per hour hour hour ISenior Center/Library Optional Cleaning Fee $15O $15O $15O $150 Senior Center/Library Staff Set Up (Optional) $90 $9O $9O $9O $75 - $180 per $75 - $18O $75 - $18O per $75 - $18O per Insurance Coverage (rental events vary) event per event I event event Announcing System - Senior Center Only $20 flat $25 flat $3O flat $35 flat Deposits (refundable upon post conditions of use) Deposit Item CLASS I CLASS II CLASS III CLASS IV Civic Center Campus, Amphit-leater,Gazebo, $1O0 $1O0 $1O0 $1O0 Cove Oasis Tradhead Senior Center/Library $400 $400 $4O0 $4OO A_li i 91 S \Community Services\Factlrty Rental Info\Policies\SemorCenter-Library Final version 06-21-05 doc ATTACHMENT 3 co W W W Z) Q 111 Q O Z O co Ir Q a 0 O U T � i j LL L LL U O ~Lo n N O N O O p vi E o N n } N N N J 7 O Y7 n L T Ji u E » w en d a L � O cn E fl 0 C E O L N a W �O O i0 N Vi fA di to N N � LL T O N� LL N o � E L U M 7 cn N C ` O N N N T 7R O N r E D N N r C lA (j CZ D l0 m E > d 4 0 0 5 U _ o Y m m m w rn E rn E m >> a"i N N d. N t0 N m d N O O N B Vl N C O L E U N N J .- m E f0 n V�1 (Q J (n J U J C > c� oa E2 m p m o0 E� E E y a � o a 0 a 193 / Tn. F. - Ix�van OF 1 COUNCIL/RDA MEETING DATE: April 1, 2008 ITEM TITLE: Discussion of City of La Quinta Marketing Strategies for Fiscal Year 2008/2009 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: None associated with this study session item. The City's Marketing Plan is intended to be conceptual and comprehensive in nature, and serve as a guide for City marketing efforts. During the ensuing months, several elements of the City of La Quinta's comprehensive marketing plan will be considered by the City Council; namely, SilverRock golf operations, business development via the Economic Development Plan, and Lowe Enterprises' proposal for SilverRock Resort. Corresponding budgets will be identified and proposed as part of the City's regular budget process and contract for services process. Supporting budget accounts include: development services, redevelopment, community services, and the annual budget for SilverRock Resort. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support, and promote economic development." Various marketing strategies being recommended for Fiscal Year 2008/2009 are intended to accomplish this goal. 19S BACKGROUND AND OVERVIEW: Every year, prior to consideration of a new City Marketing Plan, Council holds a study session to evaluate and discuss marketing strategies for the upcoming fiscal year, and to provide input and direction to staff. In addition to the tourism, advertising, and public communications strategies being presented today, Council will have the opportunity to consider additional marketing elements that will, ultimately, become part of a comprehensive City Marketing Plan for Fiscal Year 2008/2009. The following timeline is anticipated: • On April 15, 2008, the Annual Plan for SilverRock Resort will be considered by Council. The marketing efforts connected with the Arnold Palmer Classic Course will be incorporated into the City's Marketing Plan for Fiscal Year 2008/2009. • On April 15, 2008, staff will bring forward the 2008/2009 Economic Development Plan (EDP) for adoption. The EDP will be presented as an action -oriented document with a new "Business Development" component that will outline how the City proposes to assist local businesses. • On May 6, 2008, Lowe Enterprises will present a proposed City/Lowe cooperative marketing plan that involves a main website for SilverRock Resort, interior and perimeter signage, cooperative advertising, public relations, and informational displays. • On May 20, 2008, a City of La Quinta Marketing Plan for Fiscal Year 2008/2009 will be presented to Council for consideration, adoption, and a general review of budget implications. All marketing elements will be included under this umbrella document, and Council's direction during the review process will be incorporated. Marketing efforts from the Community Services Department will also be included (e.g., recreational brochure, promotion via the City's website, museum and library program publicity). As a precursor to preparation of an updated City Marketing Plan, Kiner Communications is presenting recommended marketing strategies for the upcoming fiscal year as part of its contractual responsibility to update the City's Marketing Plan on an annual basis. These marketing strategies focus on tourism, shop/dine advertising, and public communications. In order to facilitate City Council discussion and direction, a summary of Kiner Communications' "Marketing Strategies for Fiscal Year 2008/2009" is provided below (with the full document containing more detail provided as Attachment 1): ..2 197 Continued Strategies: It is recommended that the following strategies be continued, changed, and/or enhanced from Fiscal Year 2007/2008: • La Quinta City Report - Quarterly newsletters. • City Calendar - 2009 City Calendar. • Palm Springs Life Advertorial - Annual "Coachella Valley Cities" progress issue (October 2008). • Public Relations - Press releases and media relations. • Regional Television lout -of -market► - Television in Southern California's drive in markets. • Shop/Dine & "Come to La Quinta" Spring Campaign - Ads promoting spring events in La Quinta - using overall shopping and dining theme. • Bob Hope Chrysler Classic Advertising - Ad in the "Pairings Sheet" in 2008- 2009 rather than the souvenir program guide. • Cooperative Program with La Quinta Hotels - Journey TV with La Quinta hotels; expand program to include print advertising. New Strategies: It is recommended that the following strategies be considered as new items in Fiscal Year 2008/2009: • Travel/Tourism Website - Create a "PlayLaQuinta.com" website geared toward tourists and visitors. Providing this website on print ads and television spots would result in a better "call to action" given visitors would know where to stay, where to dine, where to shop, and all there is to do in La Quinta. Community Calendar/Things To Do in La Quinta Brochure - Produce a creative brochure that lists key La Quinta community events and amenities offered throughout the year. Make the brochure available at places such as La Quinta hotels, the Visitor's Center, and SilverRock Resort in an effort to encourage visitors to stay in La Quinta and enjoy all the exciting opportunities it has to offer. 3 193 • Airport Baggage Claim Ad — The airport would be a good place to showcase La Quinta — invite visitors to nearby La Quinta — promoting shopping, dining, and a variety of things to do (via beautiful photography). This would entail an over -sized, back fit wall display near the baggage claim area. • Cooperative Advertising with Village Businesses — Develop a cooperative advertising campaign centered on major events in the Valley, e.g., Pacific Life Open, the Skins Game, and the HITS event series at the Empire Polo Grounds. These major events occur near La Quinta and attract visitors who may not be familiar with the desert and are not likely to find the La Quinta Village. Village shops and restaurants would be approached and their interest gauged in participating (financially) in cooperative advertising to reach these visitors at strategic times of the year. • Local Television — A local broadcast schedule is proposed for 2008-2009 in order to capture visitors already in the Valley. The television spots would air during high "tourist" periods via local commercials on national networks like the Golf Channel, A&E and CNN. A local channel schedule would also be considered (e.g., KMIR, KESQ, CBS2). The City may also wish to consider running the City's Journey TV 30-second spot which is "tagged" and refers viewers to Journey TV for more information on La Quinta. • Bus Wrap Ad — SunLine is now allowing its buses to be wrapped with advertisements (it is a new program). The idea is to wrap a bus, on a route in another part of the Valley, with a dramatic SilverRock shot on one side, Village shopping on the other, and a message such as: "Follow me to La Quinta — the Gem of the Desert." The recommended route rides along Highway 111. The marketing strategies and opportunities presented above are being provided for Council discussion and direction. Representatives from Kiner Communications have indicated they will be in attendance to provide more detail and answer any questions Council may have. The marketing items selected for implementation during this study session will become part of the City's Marketing Plan for Fiscal Year 2008/2009. On a final note, Council may wish to discuss the La Quinta Marketing Committee. Current membership consists of representatives from: City of La Quinta, Kiner Communications, La Quinta Chamber of Commerce, La Quinta Arts Foundation, La Quinta Resort & Club, and Landmark Golf Management. The committee has been meeting on a quarterly basis since 2000 and operates strictly on an informational basis. Council has previously expressed a desire to allow outside presentations before this group in an effort to assess various marketing sponsorship requests. Council may wish to: discuss the committee's membership, clearly define its purpose, and provide direction on establishing guidelines for sponsorship requests. + r 4 199 Members of the La Quinta Marketing Committee have been advised that this item may be discussed at today's meeting. Respectfully submitted, 0� �� "(,/ W e, Douglas R. Evans Assistant City Manager - Development Services Approved for submission by: L Thomas P. Genovese, City Manager Attachment: 1. Marketing Strategies for Fiscal Year 2008-2009 4 5 200 ATTACHMENT Marketing Strategies for Fiscal Year 2008-2009 City of La Quinta Continue, change, and/or enhance from 2007-2008: • La Quinta City Report — Issue quarterly newsletters to La Quinta residents with information on City projects, programs, and events. (Recommend continuing) • City Calendar — Produce 2009 City Calendar which serves as a gift to residents, a communications instrument, and a marketing collateral piece. (Recommend continuing) • Palm Springs Life Advertorial — Participate in annual "Coachella Valley Cities" progress issue (October 2008), which highlights La Quinta projects, programs, and demographics via editorial content and photography. (Recommend continuing) • Sbop/Dine & "Come to La Quinta" Spring Campaign — Produce ads for The Desert Sun and Desert Entertainer promoting spring events in La Quinta — using an overall shopping and dining theme. (Recommend continuing) • Public Relations — Issue press releases on new projects/programs, special events, and important news; and work with the media on securing positive coverage for La Quinta. (Recommend continuing) • Cooperative Program with La Quinta Hotels — Participate in Journey TV (Time Warner Cable's travel on demand channel) with La Quinta hotels. Expand cooperative program to include print advertising (explore publications such as LA Confidential and regional distribution of national publications such as Business Week, Fortune, Forbes, Travel + Leisure, and Food & Wine). • Bob Hope Chrysler Classic Advertising — Explore an ad in the "Pairings Sheet" in 2008-2009 rather than the souvenir program guide. (Recommend change in publication) Regional Television (out -of -market) — Broadcast 30-second La Quinta spots in Southern California's drive in markets (e.g., Los Angeles, Orange County, San Diego). Explore a Canadian market such as Vancouver or Calgary. (Recommend continuing) 9 ii 201 New items for consideration in 2008-2009: • Travel/Tourism Website — Create a "PlayLaQuinta.com" website geared toward tourists and visitors. Indian Wells' visitor site quadrupled in traffic last year and has produced tangible results in terms of hotel reservations. Television and print advertising would have a better "call to action" given visitors would know where to stay, where to dine, where to shop, and all there is to do in La Quinta. The City could purchase targeted lists and do e-blasts, as well, to drive traffic to the website. The City could also increase the pay -per -click advertising budget to drive visitor traffic to the site. (New recommendation; continue pay -per -click online marketing) Community Calendar/Things To Do in La Quinta Brochure — Working with the La Quinta Marketing Committee, produce a fun and creative brochure that lists key La Quinta community events and amenities offered throughout the year. Make the brochure available at La Quinta hotels, the Visitor's Center, and SilverRock Resort in an effort to keep visitors in La Quinta by informing them of all the exciting events and recreational opportunities La Quinta has to offer. (New recommendation) Airport Baggage Claim Ad — When people arrive at the Palm Springs International Airport, signage and ads located throughout the airport provide them with information on what there is to do in the Coachella Valley. The airport would be a good place to showcase La Quinta — invite visitors to nearby La Quinta — via beautiful photography and promoting shopping, dining, and a variety of things to do. This would be an over -sized, back lit display ad located on a wall near the baggage claim area. It is a relatively affordable form of advertising. (New recommendation) • Cooperative Advertising with Village Businesses — Develop a cooperative advertising campaign centered on major events in the Valley, i.e., Pacific Life Open, the Skins Game, and the HITS event series at the Empire Polo Grounds. These major events occur near La Quinta and attract visitors who may not be familiar with the desert and are not likely to find the La Quinta Village — which is just minutes away! Advertising efforts would target this "untapped" group. Village shops and restaurants would be approached and their interest gauged in participating in a cooperative advertising campaign to reach these visitors at strategic times of the year. If feasible, the City would develop a way for Village businesses to pay to participate in the program — not with their own ad, but their logo and a sentence about what makes them unique, along with their phone number and website. Ideally, this would be open to shops and restaurants only since this is a tourism -geared ad campaign. Advertising efforts would include event program guides, on -site signage/advertising and print ads in event supplements produced by The Desert Sun and Desert Entertainer. (New recommendation) + 202 Local Television — In the past, the City has primarily broadcast its television spots out -of -market (i.e., in Southern California) in an effort to reach viewers and entice them to visit La Quinta. A local broadcast schedule is proposed for 2008- 2009 in order to capture visitors already in the Valley. The television spots would air during the high "tourist" season(s) via networks like the Golf Channel, CNN, MSNBC and A&E — which are well followed by snowbirds, visitors, and upper - income locals.. This would be accomplished via local insertions on the aforementioned national networks, as people tend to watch their favorite networks whether they are at home or on vacation. A local channel schedule would also be explored (e.g., KMIR, KESQ, CBS2). The City may also wish to consider, as part of this local schedule, running the City's Journey TV 30-second spot which is "tagged" and refers viewers to Journey TV for more information on La Quinta (this makes sense since all the La Quinta information currently on Journey TV will be available until April 2009). (New recommendation) Bus Wrap Ad — SunLine Transit Agency is now allowing its buses to be wrapped with advertisements (it is a new program SunLine is initiating). It would be powerful to wrap a bus on a route in another part of the Valley with a beautiful, dramatic SilverRock shot on one side, Village shopping on the other, and a message such as: "Follow me to La Quinta — the Gem of the Desert." A route can be selected, and the Highway I I I route that runs throughout the Valley is the route that is recommended. (New recommendation) A.1 203 REPORTS & INFORMATIONAL ITEMS:y COMMUNITY SERVICES COMMISSION MINUTES February 11, 2008 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:30 p.m. by Chairperson Weber. Commissioner Sylk led the audience in the Pledge of Allegiance. COMMISSIONERS PRESENT 5�P►IIu16�9N]0L: ft� &V_13.9: I►11 Commissioner Sheldon Brodsky Vice -Chairperson Bob Leidner Commissioner E. Howard Long Commissioner Dori Quill Commissioner Robert F. Sylk Chairperson Mark Weber Commissioner Andrea Gassman STAFF PRESENT: Edie Hylton, Community Services Director Steve Howlett, Golf & Parks Manager Angela Guereque, Senior Secretary PUBLIC COMMENT Stan Ford, Coachella Valley Recreation and Park District (CVRPD), spoke about upcoming events including "Live roQ" starting Saturday, February 15, 2008 at La Quinta Community Park; Soap Box Derby on Saturday, March 29, 2008; and Pets on Parade on Saturday, April 5, 2008. Mr. Ford stated that he will come back to the Commission for an update on the First Tee Youth Golf Program and the Phoenix Suns game at the Indian Wells Tennis Garden. Commissioner Quill asked how activities are promoted for CVRPD. Mr. Ford stated that activities are promoted via radio, television, and catalog. Commissioner Quill asked about the status of Coral Mountain. Mr. Ford stated that there are some conditions that are currently holding up the project and he will be meeting with the Planning Department staff next week regarding those conditions. Chairperson Weber thanked Mr. Ford for coming and stated that he would like to see the level of communication between the City and CVRPD enhanced. 20f 1.w'lnimuty Snnvux;s Comrmissunn PJ nutas 11. 2008 J- CONFIRMATION OF AGENDA Motion - It was moved by Commissioner Sylk and seconded by Commissioner Long to confirm the agenda. Motion carried unanimously. PRESENTATIONS: None. APPROVAL OF MINUTES 1. Approval of January 14, 2008 Minutes Motion - It was moved by Commissioner Long and seconded by Vice -Chairperson Leidner to approve the minutes as submitted. Motion carried unanimously. CONSENT CALENDAR None. PUBLIC HEARING None. BUSINESS ITEMS 1. Consideration of Two Commissioners to Serve on the Civic Center Art Purchase Committee. Two City Council Members in conjunction with two Community Services Commission Members will view the artwork at the La Quinta Arts Festival for consideration of an art purchase to be displayed at a City facility. The Festival will be held from March 13 through March 16, 2008 at the Civic Center Campus. The Art Purchase Committee will meet on March 13, 2008 at approximately 9:00 a.m. to select an art piece. Commissioner Long asked how much the Committee had last year to spend. Director Hylton stated it was $7,500. Motion - It was moved by Commissioner Long and seconded by Commissioner Sylk to appoint Commissioner Gassman and Commissioner Brodsky to serve on the Civic Center Art Purchase Committee with Chairperson Weber as an alternate to select Civic Center Art during the La Quinta Arts Festival. Motion carried unanimously. 205 ._ ,ui�,t, F;.•r.::e,;>, Gixnrassio= �Vlunno;; (Mmn= ry 11. 2008 2. Consideration of Participation for the Annual Egg Hunt and Picnic. Staff is requesting the assistance of two Commissioners to assist in upcoming spring events by way of a Community Services booth. The events will be held on March 22, 2008 from 9:00 am - 11 :00 am and April 26, 2008 from 10:00 am - 12:00 pm. Commissioner Long asked if the File of Life could be ready for handout at the Picnic. Director Hylton stated that this is not going to be started until Fiscal Year 2008/2009. Vice -Chairperson Leidner suggested having cupcakes instead of cake at the Picnic. Commissioner Quill suggested advertising big events like these with banners at the corner of Highway 111 and Washington Street. Director Hylton stated that postcards will be going out and staff is currently checking on the sign ordinance with the Planning Department, Vice -Chairperson Leidner asked if any thought has ever been given to having the Picnic in North La Quinta. Director Hylton stated that staff is open to looking at that suggestion. Motion - It was moved by Vice -Chairperson Leidner and seconded by Commissioner Sylk to assign Commissioner Long and Commissioner Quill to assist in the Annual Egg Hunt with Commissioner Sylk as an alternate; and Commissioner Brodsky, Commissioner Gassman, Vice -Chairperson Leidner, and Commissioner Long to assist in the Picnic with Commissioner Sylk as an alternate. Motion carried unanimously. CORRESPONDENCE AND WRITTEN MATERIALS 1 . Monthly Department Report for December 2007 Vice -Chairperson Leidner asked where the "Wicked" revenue is shown in the report. Director Hylton stated it is not listed separately; it is included in the excursion revenues. Commissioner Long asked what the City's fiscal year is. Director Hylton stated it is from July 1 to June 30. Chairperson Weber asked what the status of the Interactive Water Feature is. Director Hylton stated that funds for the feature upgrades were not budgeted in the current budget and that staff is requesting funding in the mid year budget. The project will consist of pulling up and replacing the rubber flooring with a better 4_0, 206 .,.�'unorw" Sf-vwes Co'nmission mwuins Febrcury 1 t, 2008 4 product. The spray guns that were originally selected were not right for this type of facility and will be replaced with non moving spray features. This project should be completed by late Spring 2008. Commissioner Sylk asked why there is not a City Community Center with all of the events and activities we provide. Director Hylton stated that CVRPD is a regional provider and has a Community Center. Commissioner Quill stated that CVRPD used to run all the activities for La Quinta before the Community Services Department was started. Chairperson Weber suggested some type of formal mechanism for communication and monthly meetings with CVRPD. Commissioner Quill asked where the dog bowls are at the dog parks. Mr. Howlett stated that there are human/animal drinking fountains outside the gate at Fritz Burns Park. Commissioner Quill suggested a water truck water the dirt that was moved at the Fred Wolff Nature Preserve to help grow native plants naturally. Commissioner Quill asked why there were not banners promoting the Bob Hope Chrysler Classic. Director Hylton stated that Desert Classic Charities promoted that event. Commissioner Long asked if staff has thought about selling memberships for SilverRock Resort. Mr. Howlett stated that the City Council determines the fee structure. Director Hylton stated that staff can suggest membership ideas to Landmark since they handle the operations. 2. Calendar of Monthly Events COMMISSIONER ITEMS 1 . Reports from Commissioners Regarding Meetings Attended. Commissioner Gassman; Commissioner Long; Commissioner Quill, and Chairperson Weber attended the Pillars of the Community. OPEN DISCUSSION Commissioner Quill asked about the Air Motion art piece in the Village Roundabout. Mr. Howlett stated that the recent wind event destroyed it and staff is currently looking for other options for that area. n,.0l 207 C.nr::;...nrgv ti,:•e'na'S Cri�rr-t.p.si�r��i it3lim�tes 5 February 1 L. 2008 Vice -Chairperson Leidner stated that the Tour de Palm Springs was a successful event and he received good comments about the La Quinta bike paths. ADJOURNMENT It was moved by Commissioner Sylk and seconded by Commissioner Long to adjourn the Community Services Commission meeting at 6:45 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Special Meeting of the Community Services Commission to be held on February 23, 2008 commencing at 9:00 a.m. at the north entrance to City Hall, 78-495 Calle Tampico, La Quinta, CA 92253. Submitted by: ary Angela Guereque Community Services Senior Secretary a.0: 203 COMMUNITY SERVICES COMMISSION SPECIAL MEETING MINUTES February 23, 2008 CALL TO ORDER A special meeting of the Community Services Commission was called to order at 9:05 a.m. by Vice -Chairperson Leidner. COMMISSIONERS PRESENT: Commissioner Sheldon Brodsky Commissioner Andrea Gassman Vice -Chairperson Bob Leidner Commissioner E. Howard Long Commissioner Dori Quill Commissioner Robert F. Sylk Chairperson Mark Weber STAFF PRESENT: Edie Hylton, Community Services Director Steve Howlett, Golf & Parks Manager Angela Guereque, Senior Secretary PUBLIC COMMENT None. CONFIRMATION OF AGENDA Motion - It was moved by Vice -Chairperson Leidner and seconded by Commissioner Long to confirm the agenda. Motion carried unanimously. STUDY SESSION: ART & PARKS TOUR FOR THE COMMUNITY SERVICES COMMISSION The Art & Parks Tour began at the entrance to City Hall then proceeded to the following locations: Civic Center Campus Commissioner Quill suggested a picnic table be placed near the Library and a dog bag dispenser by the Senior Center. Director Hylton suggested putting one on the concrete area on the east site of the Library. A_i1 f 2011 .;arrr.,�an„y Sf�; v�te:a taanrrii5sio l%lai�utcs Fobs ary 23. 2008 2 Chairperson Weber asked about the tiles around the emergency generator room. Director Hylton stated that the La Quinta Arts Foundation approached the City for placement of these contributor tiles in this location. There were no comments on the following art pieces: Spirit of La Quinta; Bronze Relief Map; Animal Tracks; and the Sun and Moonbeam. Acknowledgement Areas. Commissioner Long noted that there was a missing piece on the Art Acknowledgment Area. Director Hylton stated that there was a quail there that was taken down due to vandalism and the bronze setter is looking for that piece. Commissioner Gassman suggested opening up a new project to get suggestions for a new piece. Native American Theme Mosaics. Commissioner Sylk suggested diverting the walkways around these mosaics to protect them. Staff suggested looking into a polymer sealant for these mosaics. Dedication Courage and Honor. Graffiti noted and called into Public Works for removal. Horses Running Free (Desert Club & Calle Tampico) Bear Creek Trail Fred Wolff Nature Preserve Chairperson Weber asked how the new fencing was holding up with graffiti. Mr. Howlett stated that there has not been any graffiti so far and that the fence can be power sanded, if necessary, to remove any graffiti. The gray color blends into the area well. Cove Oasis Mr. Howlett stated that there is minimal lighting on 3 or 4 trees at night. Chairperson Weber asked if the City allows vehicle access in this area. Mr. Howlett stated that vehicle access is only allowed for rentals to load and unload. Commissioner Quill suggested another dog bag dispenser be placed in this area. Fish Trap. Director Hylton stated that this piece is a priority for improvements. Velasco Park n0_ ;1� ., ., .. E ,...:.rr,�•ias;�� P,9n;utr;�; (� k.r .,.,�= 2:',, 20W2 3 Mr. Howlett stated that this pocket park is considered water efficient by the Coachella Valley Water District. Eisenhower Park Mr. Howlett noted that there are 2 picnic tables at this park. Mr. Howlett stated that this park will be part of a future improvement project with CVWD to promote water efficiency. Fritz Burns Park Chairperson Weber suggested signage on the outside of the restrooms and pressure washing the insides of the restrooms. Commissioner Quill asked if there would be any pool improvements. Director Hylton stated that staff would like to aqua fitness classes being held there. Graffiti on pool canopy noted. Chairperson Weber stated that the grass looks really good. Mr. Howlett noted that the wood walkway cover is rotting and this is a maintenance issue in progress. Chairperson Weber stated that the light fixture cover needs to be replaced as soon as possible due to exposed wires. The City's contracted electrician was contacted at that time to fix the light as soon as possible. Dances with Landscape Mosaics. Pieces worn and faded. Staff will look into a polymer sealant for these mosaics. In -Between Earth and Sky Spray Towers. Commissioner Quill suggested a similar spray tower be placed at La Quinta Park. There were no comments on the following art pieces: Gateway to the Desert and the Arch Sculpture. Sports Complex Director Hylton stated that 1,500 to 1,600 kids use this park and it needs major renovation. This is the next big project coming up. The Desert Sands Unified School District Measure K funding is planned for use on this project. Chairperson Weber suggested scaling the project to fit funding issues if needed. Mr. Howlett stated that the City maintains the grass and the Desert Sands Unified School District manages the irrigation. There will be a presentation to the Commission by Community Works for this rehabilitation project in the near future. qjj 211 ('n� ),nII m,,y s€;r" it r, C,wni 11ssion NI aitcs Fd)fuary 23, 200£? 4 Saguaro Park Mr. Howlett noted that this is also a water efficient neighborhood park. "Don" at Rancho La Quinta Desert Dolmen La Quinta Court Fountains Noted that one of the fountains is not operating. Bus Stop Shelters Bus Stop Shelter and Desert Scene Mural at La Quinta Car Wash Noted that the bus stop shelter panel was removed and placed at the maintenance yard due to vandalism. Staff will follow up on this item. La Quinta High School Mascot Mural La Quinta Park Chairperson Weber suggested a public safety parking spot. Director Hylton stated that the Public Works Department is supposed to be taking care of that. Commissioner Quill stated that there is no lighting near the shade structures. Director Hylton suggested putting 2 or 3 down lights at various locations. Chairperson Weber suggested a solar structure. Commissioner Quill noted that there is not enough shade areas or benches near the skate park. Mr. Howlett stated that the benches were pulled out due to vandalism. Commissioner Quill noted there was no drinking fountain at the restrooms. Commissioner Quill suggested a comfort spray station similar to the one at Fritz Burns Park. Desert Pride Park Mr. Howlett noted that this park serves local residents and is a easily maintained park. Chairperson Weber suggested a dog drinking fountain. Centre Point Park Q_� 2112 Crn ��i�,nr•, `.i•::�vic,:�, Ctnrr�„siu:, N6ruu;s Fcbrt,ary 23, 2008 Director Hylton stated that staff is currently sending out park naming forms to residents within 500 feet for this park. Director Hylton stated that parking is a problem at this location. Commissioner Long suggested posting signs on the outside of the dog parks for small and large animals. Adams Park Mr. Howlett stated that curbing and DG have been added here with more coming next year. Chairperson Weber suggested relocating the utility box or moving the trail around it. Director Hylton stated that the rubber flooring under the water feature will be torn out and replaced. Chairperson Weber suggested Frisbee golf for this location. Monticello Park Chairperson Weber suggested Frisbee golf for this location. Commissioner Gassman suggested a shade structure be placed over the playground. Commissioner Quill suggested a picnic table be added. Jefferson Street Entrance Monument ADJOURNMENT It was moved by Commissioner Gassman and seconded by Vice -Chairperson Leidner to adjourn the Community Services Commission meeting at 11:53 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on March 10, 2008 commencing at 5:30 p.m. in the Study Session Room, 78-495 Calle Tampico, La Quinta, CA 92253. 9_L 213 htii ;try 23. 2008 S mitte by Ange Guereque Community Servi"Se Secretary a_U : 214 REPORT/INFORMATIONAL ITEM: a 1 INVESTMENT ADVISORY BOARD Meeting February 13, 2008 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:30 P.M. by Chairperson Daniel, followed by the Pledge of Allegiance. PRESENT: Board Members Ross, Moulin (4:35), Daniel, Rassi, and Park ABSENT: None. OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary 11 PUBLIC COMMENTS — None. III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) Mr. Falconer advised that Board Member Moulin requested that his handout regarding changes to the 2008/09 investment policy be added for discussion under Business Session "Item B." IV CONSENT CALENDAR Approval of Minutes of Meeting on January 9, 2008 for the Investment Advisory Board. MOTION - It was moved by Board Members Rassi/Park to approve the minutes of January 9, 2008. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for December 2007 Mr. Falconer presented the staff report advising that the City had a few capital projects for the month of December, the city hall expansion and Avenue 48 apartment project. Mr. Falconer also advised on the declining yields due to the current market and the reinvestment of Treasury bills in the fiscal agent, with the earnings also declining to 3.4%. The overall rate stands at 4.4%, with the city's benchmark T-Bill rate at 3.39%. Mr. Falconer further advised that the average maturity has remained the same, at 123 days and a rollover of $44 million in treasuries, with the old yields at 4.9% and the current yields at 3.3%. n (i 215 Investment Advisory Board Minutes February 13, 2008 In response to Board Member Ross, Mr. Falconer advised that in the current declining market, the most noticeable impact is the ability to obtain quality commercial paper. In response to Board Member Moulin, Mr. Falconer advised that in the current declining market the city does take advantage of the current housing market to purchase homes and parcels. MOTION - It was moved by Board Members Ross/Moulin to approve, receive and file the Treasury Report for December 2007. Motion carried unanimously. B. Continued Consideration of Fiscal Year 2008/09 Investment Policies & Work Plan Items Chairperson Deniel asked the Board how they would like to proceed with the review of the suggested changes to the policy. Board Member Ross suggested that the "Task Force" recap what has been done thus far and advised that Board Member Moulin and he (IAB Investment Policy Task Force) meet with Mr. Falconer to streamline the policy and focus on the objectives. Board Member Ross also advised that the main objective is not to rewrite the policy but to begin to make any necessary recommended changes for the Board's review. Board Member Moulin advised that upon his review of the Government Code section of "Delegated Authority" he realized that this item is required to be approved annually. In addition, the Government Code mandates the objectives of safety, liquidity and yield, the Government Code does not specifically use these terms, but these objectives within the city's investment policy have been derived from the Treasurer's Association. Board Member Moulin suggested that the titles now read "Safeguard of Principal" in lieu of Safety, "Provide Liquidity" in lieu of Liquidity and "Earn of Market Rate of Return" in lieu of Yield. Board Member Moulin advised that during their meeting with Mr. Falconer, they discussed the possibility of deleting the "Executive Summary" from the investment policy. Board Member Ross stated that he is in favor of the "Executive Summary" but reducing it to a one page summary. 2 o-0 216 Investment Advisory Board Minutes February 13, 2008 Board Member Moulin advised that the "Task Force" along with Mr. Falconer discussed structuring the "Executive Summary" as a bullet format throughout the document. Board Member Ross suggested placing a one page summary at the end of the policy. Chairperson Daniel concurred. Chairperson Daniel stated that she is in favor of the use of bullets points throughout the policy and suggested placing the Executive Summary either at the beginning or at the end of the policy. Board Member Moulin advised that based on the Board's discussion throughout the year, Board Member Ross made several changes to the policy. Board Member Moulin also advised of the discussion regarding "Appendix A" and the possibility of eliminating the appendix and incorporating the appendix within the body of the policy. Board Member Moulin further advised that it was discussed that Board Member Ross incorporate "Appendix A" within the policy and by incorporating the appendix within the policy it would address procurement, purchasing and unpermitted investments. Board Member Ross advised the Board of the suggested changes he made to the current policy for their consideration: Page 4 - IV Objectives, Item 4 Diversified Portfolio: Omitted Item 4 - Diversified Portfolio and merged the language to become part of Item I - Safety. Page 5 — IV Objectives, Item 3 Yield: Omitted Section XV — Benchmark and merged the language to become part of Section IV Objectives, Item 3 — Yield. Board Member Ross advised that he also included suggested language submitted by Board Member Moulin in a previous meeting, into Section IV. Objectives, Item 3 — Yield for the Board's consideration. Page 6 — VI Prudence: added Section VI — Prudence to Appendix K for discussion purposes. Page 6 — VII Delegation of Authority: Omitted Section XIX — Contracting 3 0-_ 217 Investment Advisory Board Minutes February 13, 2008 a Professional Management Firm and incorporated into Section VII - Delegation of Authority. Chairperson Daniel stated she needed clarification for the merging of Section XIX into Section VII, due to the fact that the City Council delegates authority to the Treasurer to manage the investments of the City. The City Treasurer can or cannot hire a professional management firm discharging that authority given, therefore, discrediting the merging of the two sections. General discussion ensued among the Board regarding the merging of the two sections and it was suggested by Mr. Falconer that they consider listing Section XIX either under authorized investments or possibly listed under permissible investments. In response to Board Member Ross, Chairperson Deniel stated that she does not feel that Section XIX needs its own section and could possibly be placed similarly to the way LAW is within the policy. Page 19 - Appendix A: Omitted "Appendix A" and incorporated it as a table into Section X - Authorized Investments and Limitations. Chairperson Daniel advised that Board Member Moulin refers to, in his handout of suggested changes, deposits and investments, and she would like to have them segregated because the City deals with investments and not deposits. Chairperson Deniel suggested creating a section for "Administration" and placing deposits within this section. In addition, Chairperson Deniel also suggested tiering out the risks. Board Member Moulin advised that the statutes only mention investments and do not mention deposits. Board Member Moulin further advised that he included deposits due to the fact that the Treasurer does make deposits on behalf of the City and it does need to be covered by the policy. Chairperson Daniel suggested creating a separate section for administration and internal controls covering deposits within this section. Mr. Falconer advised that due to the statement and auditing standards and the emphasis of the auditors, "deposits" needs to be mentioned within the body of the policy. 4 Investment Advisory Board Minutes February 13, 2008 Chairperson Denial commented on the progress of the draft policy and advised that some of the sentences would need further clarification. In response to Chairperson Daniel, Mr. Falconer advised that the Board normally meets in June with the City Attorney and City Manager to review the proposed changes to the policy prior to submittal for Council's approval, therefore the Board would need to agree on any changes or additions to the policy in May. General discussion ensued among the Board and Staff regarding how the Board would like to proceed with any additional changes to the policy. Mr. Falconer reiterated the Brown Act to the Board and emphasized to them that they need to abide by this act during their continued redrafting of the policy outside of the scheduled meetings. Board Member Moulin and Mr. Falconer advised that the Board will eventually have to review the policy page by page. Board Member Moulin suggested assigning a portion of the policy to each. Board member to help speed up the draft process. Chairperson Daniel assigned the following sections for review and/or changes to: Board Member Rassi: To review Section Vill — Conflict of Interest, Section IX — Authorized Financial Dealers and Institutions, XII — Payment and Custody. Board Member Park: To review Section XIV — Internal Controls and Independent Auditor, Section XVI — Reporting Standards, XIII — Interest Earning Distribution Policy and XVIII — Investment of Bond Proceeds. Mr. Falconer clarified for the Board Section XIII and how this section sets forth the methodology used to allocate interest earnings. Board Member Ross and Moulin: To continue to review Section X, Section XI and XIX. Chairperson Denial: To review and edit any changes and/or deletions. 5 219 Investment Advisory Board Minutes February 13, 2008 Chairperson Daniel advised that the draft changes would than be forwarded to Staff so they may be included for discussion at the next scheduled meeting. Board Member Moulin read (referencing his handout, third page) from the Board Government Code Section 53607 and stated he feels that this should be a separate resolution by the City Council. Mr. Falconer suggested at the next scheduled meeting, the review of the current resolution adopted by City Council. Chairperson Daniel stated that she feels that it is not the place of the Board to "police" whether or not the City Council is compliant with this section of the Code and if this is not delegated by the Council on a yearly basis, it should be up to the City Attorney to remind them. In response to Chairperson Daniel, Mr. Falconer advised that the ordinance, on a yearly basis, delegates this authority to the Treasurer and should satisfy this particular code section. Mr. Falconer suggested that this section be reviewed in June, along with the adoption of the policy. Board Member Moulin asked the Board to refer to page 21 of the current investment policy Section 3.08.010; this section does reference the Government Code Section 53607, and does mention the yearly approval. Chairperson Daniel stated that she feels by approving the policy on a yearly basis, by default, this ratifies the delegation on a yearly basis. Board Member Moulin stated he feels that this wording seems deficient and further stated that this is something he does not like to see. Board Member Moulin advised that the third page of his handout, Section 53608 of the Government Code deals with deposit of securities for safe keeping and not deposit of banks. Chairperson Daniel suggested that on the first page of the suggested changes by Board Member Moulin, under Section I — Investment Policy, that the sentence read "The City of La Quinta's policy is to invest and deposit securities of public funds that:" Mr. Falconer suggested that the Board place on next year's work plan, a review of the ordinance by the City Council. 6 229 Investment Advisory Board Minutes February 13, 2008 Board Member Moulin suggested that the Board possibly discuss with the City Manager what he thinks should be done. Mr. Falconer advised that he does not feel this needs to be part of the municipal code. In response to Board Member Park, Mr. Falconer advised that the only department within the City that takes securities is the City Clerk's office, (i.e. bonds for construction) and further advised that these bonds are not negotiable. Chairperson Daniel advised that she will review page 3 of Board Member Moulin's handout, item 3. — Earn a Market Rate of Return and make any necessary changes and/or add bullet points if necessary. Board Member Moulin advised that current basis of comparison is LAW and the six-month Treasury bill, in previous conversations; it was suggested possibly using one, two, and three, or even five year notes. Board Member Moulin asked if the Treasurer could suggest an additional basis of comparison to incorporate and complete item 3. Chairperson Daniel advised that in her notes she quoted reference rates and will incorporate in her review of the draft policy. Chairperson Daniel suggested that on page 6 of the draft policy, Item A — Credit Risk should be part of the administrative portion of the policy. Board Member Moulin advised of the various risks listed and suggested that Staff research GASB 40 to see if it could be incorporated along with the listed risks into a separate section within the policy. Mr. Falconer advised that Staff will research if GASB 40 could be incorporated into the policy legally. In response to Board Member Moulin, Chairperson Deniel suggested that a notation be placed within the policy possibly stating "due to the significance of this area, risk has been listed in a separate section within the policy" and the section should not include foreign currency, settlement risks or operation risks. Chairperson Deniel recapped for the Board their assigned portion of the policy to review. a- l! 221 Investment Advisory Board Minutes February 13, 2008 In response to Board Member Park, Chairperson Deniel suggested that all revisions be completed by February 29. Chairperson Deniel also suggested that Board Members Rassi and Park possibly schedule a meeting with Staff to review any of their additions and/or changes to the policy. Mr. Falconer advised the Board that he will be out of the office the first week in March. Mr. Falconer advised that included in the agenda packet was information regarding CDARS and Cal -Trust for the Board's review and possible consideration of incorporation into the investment policy. Chairperson Deniel advised not incorporating either into the policy because they address individual investments. General discussion ensued by the Board and Staff regarding Cal -Trust and CDARS. MOTION - It was moved by Board Members Moulin/Deniel to continue the discussion of the Fiscal Year 2008/09 Work Plan Investment Policy to the February meeting. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A . Month End Cash Report Mr. Falconer advised that included on page 3 is an update by Citigroup on bond issuers and their current standings within the market. Noted and Filed B. Pooled Money Investment Board Report Noted and Filed VII BOARD MEMBER ITEMS In response to Chairperson Deniel, Mr. Falconer summarized for the Board the Redevelopment Agency's terms "green money" and "red money" and how they are used. 0_U U 2 Investment Advisory Board February 13, 2008 Minutes Vill Adjournment MOTION - It was moved by Board Members Ross/Deniel to adjourn the meeting at 5:45 p.m. Motion carried unanimously. Su itte Vianka Orrantia, Senior Secretary 0 u 223 Department Report: /-A TO: The Honorable Mayor and Members of the City Council FROM: Bret Plumlee, Assistant City Manager Ar DATE: April 1, 2008 SUBJECT: Department Report — Response to Public Comment The following public comment was made at the March 18, 2008 City Council meeting: 1. Lucia Moran, had two items to comment on a) she gave a report on the upcoming Soap Box Derby event, of the thirty children entered, twelve are from La Quinta. She thanked staff for their support. b) She also spoke regarding the Dark Sky Ordinance. She was on the Planning Commission from 1984 through 1990. She felt her biggest contribution was the adoption of the Dark Sky Ordinance in 1998. She has read the discussions regarding the possible installation of street lights as well as undergrounding utilities. She felt homeowners would be better served if they were to install motion sensors on their homes. She urged the Council to continue to keep the Dark Sky Ordinance as part of the City's Municipal Code. Council Member Henderson stated as a community grows people do not have the same history, and we find that many subjects deserve discussion. Those in favor or opposed should be able to voice their opinions. Council Member Sniff complemented her on the work she did on the Planning Commission and particularly on the Dark Sky Ordinance which was and continues to be important. I' B ,o L' J T4'yl 4 4 49"v MEMORANDUM TO: Honorable Mayor and Members of the City Council -p FROM: Douglas R. Evans V Assistant City Manager - Development Services DATE: April 1, 2008 SUBJECT: Quarterly Marketing Report Per the City's contract with Kiner Communications, the third Quarterly Marketing Report for Fiscal Year 2007/2008 is attached. A' 220 taQa�Kkv — — GEMaflhe DESERT — - Quarterly Marketing Report Third Quarter of Fiscal Year 2007-08 City of La Quinta Marketing Plan Implemented by Kiner Communications COMPLETED: City Newsletter/"Green Report" — Completed the second City Report of the fiscal year, which reported the City's current green efforts and featured four of the City's conservation partners. Television Spots — Updated the City's most recent tourism 30-second spots to incorporate the new promotional logo, which was animated in a manner similar to the way the 25a' anniversary logo came onto the screen. Tourism Television (out -of -market) — Created and implemented a television media plan in the Southern California drive-in markets, such as San Diego and upper -income areas of Los Angeles such as Malibu and other coastal cities. Spots have been broadcast since February, and will continue to run through the end of April. Target networks include CNBC, CNN, the Golf Channel, Food Network, the Travel Channel, History, HGTV and Fox News. La Quinta Arts Festival Program Ad — Designed an ad for Southwest Arts magazine and the La Quinta Arts Festival program guide focusing on the City's commitment to arts and culture, as well as it being a charming and historic City. (See attached) Public Relations — Distributed press releases on Terry Henderson's WTS award, library grand re -opening, and the Easter egg hunt/activities. (See attached) 226 A..:i Cooperative Marketing Program with La Quinta Hotels — Worked extensively with hotel partners and Time Warner to film new footage for production of the 2-minute segments on Time Warner. The hotel partners have worked very well together as part of the program, and are very enthusiastic to finalize their 2-minute segments. The Journey TV program provides a direct call to action. When the viewer sees something intriguing, she/he can flip to a dedicated channel that will offer more information. The hotel partners, along with representation from the City and Kiner Communications, will be meeting in mid -April to discuss the exact media buy (it will begin some time in May) for the commercials that will drive viewers to Journey TV to see the 2-minute segments. Online Marketing Program: Continued to monitor and report web "hits" to the City's site through this program. Since January 1, 2008, this pay -per -click internet advertising program has generated 1,416 visits to the City of La Quinta's website, with 575 of those visitors spending time viewing multiple pages of the City's site. Commonly visited "pages" on the City's website include SilverRock, Gallery of Photos, and Weather (which indicates we clearly have people/potential visitors outside the market who are finding La Quinta through this program). 2008/2009 Marketing Strategies — Held agency -wide brainstorming session and conducted research to develop new marketing strategies/ideas for the 2008/2009 Fiscal Year. Time Warner "Green" Campaign — Secured free television coverage by negotiating a sponsorship of Time Warner's "Dream a Little Green" campaign at no cost to the City. Each spot in this campaign features "kids teaching adults" about how to be more "green." The spot runs in its entirety, then at the end, the City's new logo appears and the spot is tagged with a voiceover that says, "brought to you by the City of La Quinta — proudly supporting and implementing green efforts in its community." The City of La Quinta is receiving 50 spots per month this spring in the Coachella Valley market, airing on networks like Discovery, Animal Planet, History and TLC free -of -charge. A 227 INPROGRESS: Cooperative Marketing Program with La Quinta Hotels — Finalizing the filming and production of the 2-minute segments for the City and the La Quinta hotels, which should be edited and begin broadcast on Journey TV by mid -April. Working on spot TV schedule (the 30-second spots that will drive viewers to the La Quinta Journey TV segments) with the hotel partners — which will begin running sometime in May to help support the "shoulder season" (the time period immediately following "season" when more aggressive marketing is needed to pull in visitors). Familiarization Tour/Public Relations — Embarking on an event that will bring out eight travel writers the weekend of April 12a . The event will give the writers an opportunity to do things like stay at one of the La Quinta hotels, visit the La Quinta Village, enjoy an Art Under the Umbrellas event in Old Town, have breakfast (and golf for those who play) at SilverRock, and enjoy the amenities along Highway 11 L. While they are not allowed to guarantee coverage, each writer has a letter from their editor with an "intent to cover" La Quinta. Shop/Dine Advertising Campaign Promoting City Events — Negotiated special package of ads with The Desert Sun to promote upcoming events in La Quinta (such as Concerts on the Lawn, the La Quinta Museum opening, Movies in the Park, among others) happening in April, May in June. The intent of this campaign is two -fold: 1) To create a true call -to -action by promoting the events, and 2) plug the fabulous shopping and dining options in La Quinta. The campaign will give people several reasons to come shop, dine and spend time in La Quinta and support local businesses. City Report — Designing the City's third installment of the City Report which will feature the La Quinta Museum, spring events, the La Quinta Police Department (new technology), a SilverRock update, a public works update, and the grand opening of Vista Dunes. q,Ii 223 LQArtsFest.w w», a._ Page , t w« 2 w « xy<© For Immediate Release Contact: Andrea Carter Kiner Communications 773-0290 LA QUINTA COUNCILWOMAN TERRY HENDERSON NAMED WOMAN OF THE YEAR BY WOMEN'S TRANSPORTATION SEMINAR (WTS) Inland Empire Chapter of WTS to honor Councilwoman Henderson Wednesday evening, January 30'", at the Mission Inn in Riverside La Quinta, CA (January 28) — Councilwoman Terry Henderson will be named Woman of the Year by the Inland Empire chapter of Women's Transportation Seminar (WTS) at the organization's 3rd Annual Scholarships and Awards Benefit in Riverside this Wednesday, January 30t° at 5:30 p.m. Nominated by the Riverside County Transportation Commission (RCTC), Councilwoman Henderson has served transportation issues in the Inland Empire and the Coachella Valley since first seated on the La Quinta City Council in 1995, and has provided a strong voice for one of California's fastest -growing regions, Riverside County. "We're very privileged to have someone like Councilwoman Henderson on our Board," said Anne Mayer, Executive Director of RCTC. "Her vision, leadership and hard work in this intricate field of transportation have taken RCTC to new heights — and for that, we applaud her." Councilwoman Henderson has mobilized community groups for transportation issues impacting the Inland Empire. In 2006, Councilwoman Henderson led the region's fight against Proposition 90, an initiative that would have increased the costs of delivering transportation projects. While serving as RCTC Chair, Councilwoman Henderson provided leadership before the California Transportation Commission in RCTC's successful pursuit of funding for the Corridor Mobility Improvement Account. These efforts resulted in $195 million for key transportation projects. 4o 230 WTS is an international organization based in Washington DC, with more than 4,000 transportation professionals - both women and men - and 42 chapters representing cities and states in the United States, Canada and Great Britain. Its mission is "Transforming the transportation industry through the advancement of women." The Inland Empire chapter of WTS incorporated in February 2005. Councilwoman Henderson is the third recipient of the WTS Woman of the Year award, with previous recipients including Congresswoman Mary Bono and Robin Lowe, Councilwoman for the City of Hemet. "I'm honored — I feel fortunate to have had the opportunity to work with such dedicated individuals with a deep commitment to transportation," said Councilwoman Henderson. "To see the number of women that have excelled in this field brings me a great sense of pride. I am truly humbled to have my name associated with these amazing women." Contact: Andrea Carter Kiner Communications 73101 Hwy 1I1 Palm Desert, CA 92260 P:760-773-0290 C:760-285-6828 p_�� 231 a a� Or TN@ For Immediate Release Contact: Andrea Carter Kiner Communications 773-0290 LA QUINTA LIBRARY TO HOST GRAND RE -OPENING THURSDAY, FEBRUARY14TH La Quinta Library Debuts Enhanced Sections and Selections After a One -Month Expansion Project La Quinta, CA (February 12, 2008) — The La Quints Library invites the public to its grand re -opening this Thursday, February 10, beginning at 3:00 p.m. The library is opening its doors following a month -long expansion that has added a children's area, more than 15 computers and new study rooms. The expansion placed shelving, books, resource materials and comfortable seating in the section formally used for community events and rentals. The children Is area is now filled with colorful, size -appropriate seating and numerous areas for students to study and do homework. A tutoring room with a table and four seats, and a study room with a table and eight seats, are now available to reserve at no charge. Expanded audio/video selections round out the library's additions. Thursday's event will include guided library tours, refreshments, comments from local dignitaries and membership information for the Friends of the La Quinta Library. Contact: Andrea Carter Kiner Communications 73101 Hwy III Palm Desert, CA 92260 P:760-773-0290 i 232 -- CF.M ,!fUm DESERT -- FOR IMMEDIATE RELEASE CONTACT: MARIA CASILLAS, CITY MANAGER'S OFFICE (760)777-7035 Jt I f-UK SATURDAY. MARCH 22 Free for kids 0-14 years of age LA QUINTA, CA ....The City of La Quinta Community Services Department is holding its Annual Egg Hunt & Chalk Drawing Contest on Saturday, March 22 at 9:00am at La Quinta Park, located on the corner of Adams and Westward Ho. Children 0-14 years of age are welcome to participate in this FREE egg-cellent event. There will be candy to fill the baskets as well as goodies, toys, and surprises scattered all over the grass for children to collect. A special visit from the Easter Bunny is planned too. At the hunt, please look for the corresponding colored balloon for the appropriate age group: • 0-2 years purple balloons • 3-5 years red balloons • 6-9 years green balloons • 10-14 years white balloons Parents are encouraged to bring their cameras to the event, but are asked not to help their kids during the hunt. A chalk drawing contest will immediately follow the egg hunt. DETAILS: Saturday, March 22 9am — Egg Hunt Chalk Drawing Contest Immediately Following FREE! 0-14 years of age La Quinta Park Call 777-7090 for more information or visit: www.la-quinta.org. ' 233 Department Report: r �K �'`cFOF ow5 TO: The Honorable Mayor and Members of the City Council FROM: M. Katherine Jenson, City Attorney DATE: April 1, 2008 ' 6 SUBJECT: Department Report — City Attorney Report on Highway 1 1 1 /Right -of - Way Acquisition Options Introduction and Summ At the March 18, 2008 City Council meeting, in conjunction with the discussion of the Highway 111 roadway improvements between Adams Street and the City's easterly boundary, questions were asked by Council Members regarding the status of the improvements and whether the roadway widening would be occurring at all locations along both sides of the roadway. As Mr. Nickerson explained, the project budget was not sufficient to fund both land acquisition and construction of improvements. For this reason, staff approached all property owners and requested voluntary dedications. Mr. Nick Nickerson stated, if the adjoining property owners voluntarily dedicated the necessary right-of-way, the City would provide for the roadway improvements adjoining their property. This way, the property owners avoided the cost of having to install the improvements at a later date. Only one group of property owners, located on the north side of the road, refused to dedicate their property. As a result, the City will not be installing the roadway improvements adjoining that property. When that property develops, it is anticipated that the owner will be required to dedicate the property and develop the roadway improvements for that final segment, at the owner's expense. The City Council inquired as to what options the City had to address this situation so that the roadway construction could occur at one time. III. Options A. Condemnation. The City Council could agendize the matter and direct staff and the City Attorney to take the steps necessary to acquire the property by eminent domain. Various steps are necessary before the City Council can consider a resolution of necessity, including a notice of intent to appraise, an appraisal, an offer to purchase, and a negotiation period. The City might be able to argue that fl_U t. 231 the land has little or no value because of the City's standard condition that, as a condition of development, the owner would be required to dedicate that property. I have not researched that issue as of this point in time. Given the time associated with this option, and the fact that the other owners were not compensated for the land they dedicated, we do not recommend this option. B. Voluntary Purchase. The staff could contact the property owners and find out if they are willing to sell the necessary right-of-way. A voluntary purchase and sale would reduce the timing issues associated with eminent domain. However, it is contrary to the position that the staff has taken with the other property owners, and would be unfair. C. Further contact with Owners. City staff and the City Attorney could attempt to reinitiate the effort to acquire the voluntary dedication. Mr. Nickerson devoted significant effort to this particular acquisition to no avail. The City Council might consider having other City officials contact the owners to see if there has been any change of desire. D. Land Use Considerations. The question was raised that given the bottleneck that the unimproved segment of the roadway could cause, would the City be justified in reducing the likely number of vehicle trips that would be associated with that property. Currently, the property generates no trips, as it is undeveloped. When and if it develops, it will be conditioned to dedicate the right- of-way needed for the improvements, and the owner will be required to fund the improvements adjoining the property. The City would likely require that these improvements be completed before occupancy. Given that the improvement would be in place before vehicle trips would be generated by development on the site, changing the land use intensity on the site would not appear to be warranted. E. Wait until the Site Develops. Given current market conditions, this is not an attractive option. Options C and/or E are the avenues that we would recommend at this juncture. I will be available to answer any questions during the Council meeting. 235 COUNCIL/RDA MEETING DATE: April 1, 2008 AGENDA CATEGORY: ITEM TITLE: PUbIIC Hearing to Consider Adoption of an BUSINESS SESSION: Ordinance Approving an Amendment to Development CONSENT CALENDAR: Agreement 2003-006 By and Between the City of La Quinta and CP Development La Quinta, LLC to Allow the STUDY SESSION: Developer to Transfer the Hotel Property to a Single- PUBLIC HEARING: Purpose Entity, for the Property Located at the Southeast Corner of Miles Avenue and Washington Street. Applicant: City of La Quinta and CP Development, LLC RECOMMENDATION: Motion to take up Ordinance No. by title and number only and waive further reading; and Motion to introduce Ordinance No. on first reading, approving Development Agreement 2003-006, Amendment No. 3, subject to findings. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Site Background The 50-acre site is situated at the southeast corner of Miles Avenue and Washington Street, a major entry point to the City. On March 11, 2003, the Planning Commission reviewed and recommended approval of the following on the subject site: A. A mid -priced 134 unit suites type hotel; B. 132 Condominium Casitas type units; C. Two restaurants; D. A medical office/clinic facility; A.:. 2 3 3 E. A development containing 30 privately -owned Villas development ("Boutique Hotel"), and F. 13 courtyard cluster villas; G. 54 residential units containing 29 courtyard cluster and 25 perimeter homes of which 40 units will be moderate -income affordable units H. A 2.68 acre park The City's Redevelopment Agency and CP Development La Quinta, LLC (the "Developer") entered into a Disposition and Development Agreement for the development of this project (the "DDA"). Concurrently with the execution of the DDA, the City and the Developer entered into a Development Agreement concerning the development of the project, as provided by the La Quinta Zoning Code and State statutes. A Development Agreement is a binding agreement between both parties for the purpose of establishing certainty in the development. Transfer of Land and Improvement Interests Prior to Project Completion The developer, CP Development La Quinta, LLC, has completed construction of the mid -priced suites -type hotel. In order to secure permanent financing for the hotel, the lender required the underlying real property (the "Hotel Property") to be transferred to a single -purpose entity. Therefore, the developer created the single -purpose entity, "L. Q. Hospitality, LLC." On February 28, 2008, the Redevelopment Agency consented to the developer's execution of an Assignment and Assumption Agreement, which transferred the Hotel Property and all rights and obligations under the DA from CP Development to L. Q. Hospitality. The lender is also requiring certain DA modifications as they relate specifically to the Hotel Property. The draft Amendment ("Amendment No. 3"), Attachment 1, modifies DA Section 6.3 to allow the hotel to continue operation in the event of a foreclosure action; and modifies DA Section 7.2 to allow transfers to an encumbrancer, or to a purchaser at a trustee's sale, in the event of a foreclosure. Planning Commission Action The Planning Commission, at its meeting of March 11, 2008, adopted Resolution 2008-009, unanimously recommending approval of Development Agreement 2003- 006, Amendment No. 3 (Attachment 2). Public Noticing Amendment No. 3 was advertised in The Desert Sun on March 19, 2008 in a 1 /8 display ad. Notices were also sent to property owners within a 500' radius. As of this writing, no correspondence has been received regarding this project. A_L, 237 Statement of Mandatory Findings The findings necessary to recommend approval of Amendment #3 to the Development Agreement can be made, as noted in the attached Resolution. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Motion to take up Ordinance No. by title and number only and waive further reading; and Motion to introduce Ordinance No. on first reading, approving Development Agreement 2003-006, Amendment No. 3, subject to findings; or 2. Do not adopt an Ordinance approved Development Agreement 2003-006, Amendment No. 3; or 3. Provide staff with alternative direction. Respectfully submitted, - Douglas 14. Ev s, Assistant City Manager - Developmen Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Development Agreement Amendment 2. Planning Commission Minutes 4-1, 233 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC DEVELOPMENT AGREEMENT 2003-006, AMENDMENT NO. 3 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, on or about December 18, 2003, the City Council of the City of La Quinta ("City" or "City Council," as applicable) entered into Development Agreement No. 2003-006 with CP Development La Quinta, LLC (the "Developer") pursuant to California Government Code Section 65864 et seq. and Section 9.25.030 of the City's Municipal Code (the "Original Development Agreement") which Original Development Agreement was modified on or about October 28, 2004 and on or about November 17, 2005 (with all modifications, the "Development Agreement"); and WHEREAS, City staff and the Developer have negotiated an Amendment to the Development Agreement (the "Development Agreement Amendment"); and WHEREAS, the Planning Commission of the City did on the 11`h day of March, 2008, hold a duly noticed Public Hearing to consider the Development Agreement Amendment and the recommendation of the Planning Commission has been received by the City Council; and, WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 1st day of April, 2008, hold a duly noticed public hearing to consider the Development Agreement Amendment; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving the Development Agreement Amendment: 1. The proposed Development Agreement Amendment is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 2001-055. (� 231 Ordinance No. Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: April 1, 2008 1. The property is within the Tourist Commercial, Medium Density Residential, and Park Districts of the 1992 General Plan Update which permits the proposed use and the proposed use is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 2. The land uses authorized and regulations prescribed for the Development Agreement Amendment are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Tourist Commercial, Medium Density Residential and Park which permits the proposed uses provided conditions are met. 3. The proposed Development Agreement Amendment conforms with public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by requiring the development of a commercial development. 4. Approval of this Development Agreement Amendment will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. 5. Approval of this Development Agreement Amendment will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area -wide property values, but rather will enhance them by encouraging planned, phased growth. 6. Consideration of the Development Agreement Amendment has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement Amendment in the form presented to the City Council 4_U 240 Ordinance No. Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: April 1, 2008 concurrent with the approval and adoption of this Ordinance, and authorizes and directs the Mayor to sign the Development Agreement Amendment on behalf of the City, and the City Clerk to record the Development Agreement Amendment in the Official Records of Riverside County in accordance with applicable law. SECTION 2 ENVIRONMENTAL. Environmental Assessment 2001-436 and subsequent addendum were certified by the City Council on February 5, 2002, under Resolution 2002-07 and Resolution 2003-034 on June 3, 2003. The Development Agreement Amendment does not involve changes to the project itself. There have been no changes in circumstances or new information regarding the project or its setting that would require the preparation of a subsequent environmental review. Therefore, pursuant to Section 15162 of the Guidelines for Implementation of the California Environmental Quality Act, no further environmental review is necessary in connection with the review of the Development Agreement Amendment. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 1 st day of April, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ,.0 241 Ordinance No. Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: April 1, 2008 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4..0 2��2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk ATTACHMENT1 Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) AMENDMENT NO.3 TO DEVELOPMENT AGREEMENT THIS AMENDMENT NO. 3 TO DEVELOPMENT AGREEMENT ("Amendment No. 3") is made and entered into as of , 2008 by and between THE CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the laws of the State of California ("City"), and L.Q. HOSPITALITY, LLC, a California limited liability company ("Owner"). RECITALS: A. On or about December 18, 2003, the La Quinta Redevelopment Agency ("Agency") and CP Development, LLC, a California limited liability company ("CP") entered into that certain Disposition and Development Agreement (the "Original DDA"), pursuant to which the Agency sold to CP that certain real property located southeast of the Miles Avenue and Washington Street intersection in the City of La Quinta, California 92253 (the "Property") and CP agreed to construct, complete, and operate thereon a mixed use project containing a medical office/surgical facility, a development containing sanctuary villas, a mid -price suites hotel, a resort -style condominium/casitas development, two (2) sit-down restaurants, and two (2) single-family residential developments, with forty (40) of the single-family homes restricted for sale to Eligible Buyers at an Affordable Housing Cost (collectively, the "Original Project"). B. Concurrently with the execution of the Original DDA, CP and the City entered into that certain Development Agreement which was recorded in the Official Records of the County Recorder for the County of Riverside on January 5, 2004 as Instrument No. 2004- 0005256, and amended by that certain Amendment No. 1 to Development Agreement executed on or about October 28, 2004 and recorded in the Official Records of the County Recorder for the County of Riverside on November 8, 2004 as Instrument No. 2004-0885063, and by that certain Amendment No. 2 to Development Agreement executed on or about November 17, 2005 and recorded in the Official Records of the County Recorder for the County of Riverside on December 19, 2005, as Instrument No. 2005-1045418 (hereinafter collectively referred to as the "DA" C. On or about August 15, 2007, Agency and CP entered into that certain Partial Termination of Right of Reverter, Power of Termination, and Amended and Restated Option 982/015610-0085 AwU 2 0 882678 02 a03/25/08 - t - Agreement ("Partial Termination"), pursuant to which Agency terminated, with respect to the Hotel Property, (i) Agency's right of reverter and power of termination pursuant to the Original DDA and the Grant Deed, which was recorded in the Official Records as Instrument No. 2004- 0979137, and (ii) the Amended and Restated Option Agreement, which was recorded against the Hotel Property on October 24, 2006 in the Official Records as Instrument No. 2006-0780202. The Partial Termination was recorded in the Official Records on August 20, 2007 as Instrument No. 2007-0535552. D. On or about January 29, 2008, CP completed construction of the mid -price suites hotel portion of the Project ("Hotel") on that portion of the Property described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "Hotel Property".) E. After completing construction of the Hotel on the Hotel Property, CP conveyed the Hotel Property to Owner. F. Owner has identified permanent financing for the Hotel, however, as a condition to making the loan for such permanent financing, the lender thereunder has required certain modifications to the DA as it relates to the Hotel Property. G. In order to facilitate permanent financing for the Hotel, Owner and the City now wish to modify certain terms set forth in the DA as provided herein. Unless defined herein to the contrary, all capitalized terms in this Amendment No. 3 shall have the meanings ascribed in the DA. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: The DA is hereby amended as follows: 1. Section 6.3 of the DA is hereby modified, as it relates to the Hotel Property to provide that if any mortgagee acquires title to the Hotel Property, whether via foreclosure or deed in lieu of foreclosure, said mortgagee shall have the right to continue to operate the Hotel on the Hotel Property. Any subsequent purchaser of the Hotel Property, whether such purchase be before, at or after a foreclosure shall similarly have the right to continue to operate the Hotel on the Hotel Property. Such operation of the Hotel by a mortgagee or a subsequent purchaser shall be in conformity with all provisions of the DA, and all applicable laws of the City and any other jurisdiction having authority over the Hotel and/or the Hotel Property, and the mortgagee or subsequent purchaser shall be deemed to have assumed all of Owner's obligations under the DA. 2. The transfer restrictions set forth in section 7.2 of the DA shall not be applicable to any of the following transfers: (a) a transfer of the Hotel Property to the encumbrancer under the deed of trust securing the permanent financing for the Hotel, whether the transfer occurs as the result of a foreclosure or a deed in lieu of foreclosure, (b) a transfer of the Hotel Property to any purchaser at the trustee's sale in the event of foreclosure, or (c) a transfer of the Hotel Property to 882/015610-0085 9 .V 2 � 4 882678 02 a03/25108 -2- any successors in interest who acquire title to the Hotel Property from any party identified in subparagraphs (a) and (b) above. 3. Owner shall reimburse City for all of the costs City incurs or has incurred to negotiate, prepare and process this Amendment No. 3. 4. Except as otherwise expressly provided in this Amendment No. 3, all of the terms and conditions of the DA shall remain in full force and effect. 5. In the event of any action between or amongst the parties hereto seeking enforcement of any of the terms and conditions to this Amendment No. 3, the prevailing party in such action shall be awarded its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 6. This Amendment No. 3 shall be construed according to its fair meaning and as if prepared by all of the parties hereto. 7. This Amendment No. 3 shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 3. Service of process on City shall be made in accordance with California law. Service of process on Owner shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 8. Time is of the essence of this Amendment No. 3 and of each and every term and provision hereof. 9. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by City and Owner. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 10. This Amendment No. 3 may be executed in counterparts, each of which, when this Amendment No. 3 has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. 11. The person(s) executing this Amendment No. 3 on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3 such party is formally bound to the provisions of this Amendment No. 3, and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which such party is bound. 12. Except as modified herein, the DA remains in full force and effect as written. In the event of a conflict between the terms of the DA and the terms of the Amendment No. 3, this Amendment No. 3 shall control. 882/015610-0085 3 AI i 2 882678 02 a03/25/08 -U IN WITNESS WHEREOF, City and Owner each hereby represents that it has read this Amendment No. 3, understands it, and hereby executes this Amendment No. 3 to be effective as of the day and year first written above. Date: 2008 Date: 12008 ATTEST: Veronica J. Montecino, Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP In M. Katherine Jenson, City Attorney "Owner" L.Q. HOSPITALITY, LLC, a California limited liability company By: Equity Directions, Inc. Its: Manager By: Dennis French Its: President By: Oliphant Enterprises, Inc. Its: Manager Its Richard Oliphant President "City" CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the laws of the State of California Mayor 882/015610A085 _4_ p tf 2 i 882678 02 a03/25108 EXHIBIT "A" LEGAL DESCRIPTION OF HOTEL PROPERTY PARCEL 4 OF PARCEL MAP NO. 31116 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 212 AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS AS INSTRUMENT NO.2005-0262238 882/0156104085 _]- �.`I 4 �i 882678.02 a03/25/09 ATTACHMENT MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 11, 2008 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning CommissionI, �wa§,called to order at 7:03 p.m. by Chairman Alderson who asked PI!a►lning iirector Les Johnson to lead the flag salute. r"��., �� I, B. Present: Commissioners Katie Barrows, Jim Engle, PauI(;Quill, Robert Wilkinson, and Chairman Ed Alde'rson. Absent: None. � C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant Planner Yvonne Franco, Executive Secretary Carolyn Walker. +a� IL PUBLIC COMMENT: None. III. PRESENTATION: None. I i, IV. CONFIRMATION'OF THE'AGENDA: &nfirmed. V. CONSENT'ITEMS: '6 4.f Chairman Alderson 1aske'd if there were any changes to the Minutes of February 12,;2008. 'There being none, it was moved and seconded by jCommissioners Barrows/Wilkinson to approve the minutes as submitted. B. Chairman Alderson asked if there were any changes to the Minutes of February„A, 2008. There being none, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. VI. PUBLIC HEARINGS: A. CP Development Agreement; a request of the City of La Quinta for consideration of development agreement for a multi -use commercial and residential project consisting of the following: (i) a medical office/surgical facility; (ii) a development containing sanctuary villas; (iii) two sit-down P:\Reports- PC\2008\3-25-08\PC Minutes 3-11-08.doc �_l, . 20 Planning Commission Minutes March 11, 2008 restaurants; (iv) a mid -price suites hotel; (v) resort -style condominium/casitas development; and (vi) two single-family residential developments with forty (40) homes restricted for sale to eligible buyers at an affordable housing cost. Chairman Alderson opened the public hearing and asked for the staff report. Planning Director Les Johnson presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there wererany questions of staff. There being no questions of the staff, Chairman Alderson;, asked if there was any public comment. There being no public comment;the public hearing was closed and the item was opened for Commission discussion. There being no further discussioh,1,l it wos"moved and seconded by Commissioners Barrows/Quill to adojtt,fi solution 2008-009 approving It CP Development Agreement, as recommended and amended: �. ROLL CALL: AYES: Cornmissigri rs Barrows pigib, Quill, Wilkinson, and Chairman Alderson. 1,;NO, S: None. ABSENT: None. ABSTAIN: Norte., B. Sign Program 2008-1227; a re�luest of Imperial Sign Company, Inc. for consideration of ° a Proposed Sign Program for permanent business identificatioh sighdge,for Plaza„Estado located at 78-115 Calle Estado. I iCo�mmissioner'Eingle stated he had a potential conflict of interest and excused' himself. Chairman Alderson ''opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco presented the information contained in the staff report, a copy of which is on file in the Planning Department: Chairman Alderson asked if the applicant was going to remove the tiles to accommodate the signs. Staff explained the revision in the sign program was to allow staff to work with the applicant to accommodate the signs. 249 OF`y OF T�'O COUNCIL/RDA MEETING DATE: April 1, 2008 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions and Ordinances for: 1) Certification of an Environmental Impact Report; 2) Eden Rock at PGA West - Specific Plan 83-002, Amendment #6, for Design Guidelines and Development Standards for a 290-unit Residential Condominium Project; 3) General Plan Amendment 2006-107, to Amend the La Quinta General Plan Land Use Element from Tourist Commercial to Resort Mixed Use on ±42 Acres; 4) Zone Change 2006-127, to Amend the Official Zoning Map from Tourist Commercial to Tourist Commercial/Residential Specific Plan on ±42 Acres; 5) Tentative Tract Map 33226, to Subdivide ±42 Acres into 97 Residential Parcels and Certain Common Area Lots; 6) Site Development Permit 2006-852, to Construct 264 One and Two -Story Residential Condominiums/Townhomes, of up to 29.5 Feet in Height, with Two Common Area Pools; and, 7) Development Agreement 2006-011, To Implement a Funding Mechanism Ensuring Payment to the City of Certain Fees, Associated With Development of The Eden Rock Project, Involving Property Located Within the PGA West Development, Generally Bounded on the North and East by the PGA West Stadium Course, and on the South and West by PGA Boulevard AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: 1. Adopt a Resolution of the City Council certifying the Environmental Impact Report (SCH #2007061056) for the Eden Rock at PGA West Project. 2. Adopt a Resolution of the City Council granting approval for General Plan Amendment 2006-107. 3. Move to take up Ordinance No. , by title and number only and waive further reading. Motion to introduce Ordinance No._ on first reading, approving Zone Change 2006-127. 4. Adopt Resolutions of the City Council granting approval for Specific Plan 83- 002, Amendment No. 6, Tentative Tract Map 33226, and Site Development Permit 2006-852, subject to the Conditions of Approval. 5. Move to take up Ordinance No. _, by title and number only and waive further reading. Motion to introduce Ordinance No._ on first reading, approving Development Agreement 2006-01 1. FISCAL IMPLICATIONS: None at this time. The Development Agreement requires the payment of certain sums associated with the loss of Tourist Commercial land use due to an approval of the project. These payments would be collected with project development, and annually thereafter if and when such development occurs. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The PGA West project was originally approved on May 15, 1984, for a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,000 s.f. (120 KSF) of resort commercial uses, and a 20-acre commercial center, all on approximately 1,665 acres. Four amendments to the PGA West Specific Plan have been approved over the years: • September 20, 1988 - approved a revision to the hotel, from 650 rooms at four stories, to 1,000 rooms at six stories, and decreased retail/resort commercial from 120 KSF to 100 KSF; • June 6, 1989 - added 21.5 acres to the northwest portion of the Specific Plan area; August 6, 1996 - update to document; no land use changes; • October 3, 2000 - changed 20 acres from Community Commercial to Medium Density Residential, for the Residence Club project. Amendment No. 5 was never reviewed or acted upon by City Council, as it had been previously determined as unnecessary to the applications it was filed with. That Amendment involved the Shaffer proposal, to divide a 2.5 acre parcel on the A 251 south side of PGA Boulevard, between Jack Nicklaus and Weiskopf private roadways, into three single-family lots. The tentative map proposal was denied by City Council on April 18, 2006, due to access and open space issues with respect to the property's intended single-family use. Regarding the subject property (Attachment 1), Plot Plan approval was granted on June 27, 1989 for the development of a 1,000-room hotel site (Plot Plan 89-413). The hotel was submitted as a six -story, 1,000 room facility, with approximately 100 KSF of resort retail and commercial uses, including a 40 KSF conference center. The approval expired as of June 27, 1994, with no development action taken. Currently, the PGA West Specific Plan area is almost completely developed, with the exception of a limited number of vacant single-family residential lots and the subject 42-acre site. Properties adjacent to the site are developed with golf course and high -end residential uses, with the Palmer private clubhouse to the west, across PGA Boulevard, and the Stadium clubhouse immediately to the east of the subject property. Approximately 2,500 residential units currently exist within PGA West. Proposal The applicant originally proposed several development applications necessary to subdivide and develop ±42 acres into a condominium subdivision of 292 duplex, triplex and multi -family residential units referred to as Eden Rock at PGA West (Attachment 2). The project included a 1.35 acre recreation amenity lot, with a 7,122 square foot Garden House (i.e. clubhouse), with a common area pool and a 43 foot 6 inch high clock tower. To accomplish this, a General Plan Amendment (GPA), Zone Change (ZC) and Specific Plan (SP) were filed, requesting a re - designation of the site from Tourist Commercial to Resort Mixed Use land use, and adding a Residential Specific Plan Overlay to the existing Tourist Commercial zoning designation. The Specific Plan Amendment includes various development standards that will take precedence over standards in the underlying zoning. A Site Development Permit request has been filed, which constitutes the site -specific elements of the proposal, such as architecture, site design, landscaping, circulation, etc. A Development Agreement has also been prepared, to address the fiscal impacts upon the City caused by the proposed transition of the previously approved hotel and resort commercial uses, to a resort residential use. During review of the original applications, the total unit count was revised from 292 to 290, based upon recommendation to the applicant the remove the second floor Manor units from two buildings, at the northwest corner of the site. The applicant has provided a revised one-story Manor plan that will replace the second - floor units at this location. The applicant has revised their exhibits to reflect this -9 J 2 5 change. Prior to this revision being made, it was determined the DEIR would be prepared based on the original proposal of 292 units, and the analysis was conducted accordingly. Planning Commission Summation and Subsequent Project Revisions The Planning Commission reviewed this project at its January 8, 2008 regular meeting, and recommended City Council approval of the Eden Rock proposal, subject to conditions, by a 3-1 vote. There were numerous residents who presented opposing testimony on the project, many of whom were speaking on behalf of other residents. Overall there were approximately 150 persons in attendance. Due chiefly to the concerns of the residents, and in consideration of the Planning Commission's discussion points, the applicant has revised the project to address the majority of issues that have been raised. The revisions focus on the Village units at the center of the project, and consist of the following: • Reduction in the total unit count, from 290 to 264, by a reduction in the Village unit count, from 128 to 102; • Reduction in Village unit height from 3-story (33.5 feet), to 2-story (29.5 feet); • Revision in unit size range, previously 1,090 to 2,464 s.f.; now 1,476 to 2.100 s.f.; • Elimination of the Garden House recreation facility, and the associated 43.5- foot high clock tower; In lieu of the Garden House, two common pools are provided, at the west and east ends of the Village area, each with an 880 s.f. pool house and accessory shade structures. No changes are proposed to the site plan or architecture relative to the Courtyard and Manor units, as originally presented to the Planning Commission. This report is structured to identify the changes made to the project, and incorporate them into the overall project review. Staff has determined the proposed changes to the project do not require review by the Planning Commission, as they are based on discussion and recommendations made by the Planning Commission at its January 8, 2008 meeting. In addition, the proposed changes include components of the alternatives as discussed in the Draft SEIR prepared for the project, such as reductions in the number of units and building height. A 253 General Plan Amendment 2006-107 The proposed GPA involves ±42 acres within the PGA West Specific Plan, located in what is generally referred to as the resort core of the project. The request is to change the site from the existing Tourist Commercial (TC) land use designation (Attachment 3), to Resort Mixed Use (RMU) land use designation (Attachment 4), as set forth in the General Plan. This designation is intended to allow single and multi -family residential and condominium uses, as well as land uses permitted in the Tourist Commercial land use category. Zone Change 2006-127 This application was initiated to change the underlying Tourist Commercial (CT) zoning district for the ±42 acre project area, to Tourist Commercial/Residential Specific Plan (CT/RSP). The RSP overlay designation is intended to allow the use of flexible land use regulations in the Specific Plan areas, to accommodate modern land planning and design techniques (Attachment 5). Specific Plan Amendment 83-002, Amendment No. 6 The proposed Specific Plan Amendment establishes design guidelines, land use and development standards for the Eden Rock project, which lies within Planning Area III as designated in the PGA West Specific Plan (Attachment 6). This Amendment is focused on Planning Area III provisions, and the development standards for Eden Rock are incorporated based on the plans as proposed. Therefore, this Amendment specifically addresses the Eden Rock site alone. Minimal references to the overall Specific Plan occur to provide a brief overview of the PGA West project, and to incorporate the Specific Plan document's current provisions (PGA West Amendment No. 4) by reference. This is necessary to maintain the zoning standards of the Specific Plan as they remain applicable to the existing built -out areas. It also serves to generally acknowledge build -out status of PGA West and eliminate outdated and unnecessary references. The Specific Plan Amendment document will be revised in its final form, to reflect the project changes made subsequent to the Planning Commission recommendation. Tentative Tract Map 33226 The tentative tract map has been revised to reflect the project changes made subsequent to the Planning Commission recommendation. The tract map application is proposed to subdivide the ±42 acre site into 97 single-family attached residential condominium and townhome lots, two recreation lots, and several common open space and street lots (Attachment 7). The tract map boundaries are the same as the project site, and have not been revised. A 254 Each residential lot is designed for one of three housing types: Courtyard, Manor and Village Home designs, which are discussed in detail under the Site Development Permit section. The Courtyard lots are intended for individual fee ownership duplex structures, while the Manor lots represent a condominium design and the Village lots represent townhomes. The Courtyard units may potentially have minor lot line and Building Code conflicts. Staff has been working with the applicant to address this such that any conflicts found during plan check review can be addressed in accordance with the approved conditions (refer to "Analysis" section under Tentative Tract 33226)• The site slope falls generally from north to south, with an elevation differential ranging from 10-15 feet between the north and south project boundaries. The lot pads are proposed to be terraced as the site elevation drops from north to south. One main access point is proposed at PGA Boulevard, located on the west side of the project, which will be a 24-hour manned gated access. A secondary emergency access gate is provided at the easterly portion of the project, connecting with the turnaround at Spanish Bay and the Stadium Course Public Clubhouse. As part of the project, the existing golf cart path connection between the Palmer Private and the Stadium golf course clubhouses, from PGA Boulevard east, will be realigned. PGA Boulevard is a private street that has essentially been designed to Primary Arterial standards, varying between 110 and 120 feet of right-of-way (ROW). As a private street, it is not a designated roadway on the City's General Plan, and no bike paths, trails, landscaped setbacks or similar improvements are specifically designated. All improvements for PGA Boulevard are completed along its entire length, and consist of curb/gutter, median island and landscaping. The roadway is striped for golf cart use on both sides of the street, and a six-foot sidewalk exists along its east side, running south from the Avenue 54/Jefferson Street intersection to its terminus at the Eden Rock site. The speed limit on PGA Boulevard is 35 MPH along its entire length. Site Development Permit 2006-852 As previously stated, the applicant has proposed building plans for three unit types; Courtyard, Manor and Village units. In addition, two recreation lots, with two pools and related pool structures, will be incorporated. These recreation lots replace the previously proposed Garden House clubhouse, pool and clock tower feature. A main entry gate with gatehouse will also be part of the project. The plotting of the residential units is intended to place higher densities and intensity of design toward the central portion of the project. The Courtyard Homes are one and two-story designs and are sited around the south and west project 255 perimeter (i.e. PGA Boulevard), the Manor Homes are one and two-story units arranged along the northern Stadium Course boundary of the site, while the central Village units are two-story unit designs, clustered in the center of the site with the recreational amenities, all of which are further described below: Courtyard Homes - 83 units designed as one and two-story, zero -lot line duplex structures, with each court consisting of four units in two duplex structures, facing a common entry courtyard (Attachment 8). These units are proposed as a fee - simple single-family attached product. A shared driveway access is provided to the rear of the units, with each unit sited on its own lot. There will be three different cluster configurations and five floor plans, with three two-story plans and two single -story plans (48 of the 83 units are two-story). The five floor plans range from 1,618 to 2,462 square feet. Building plans show the building heights range from 17 feet, 7 inches, to 25 feet, 1 inch, to the high ridge line from finish grade. Each unit will have a two car garage with one covered golf cart space. Manor Homes — 79 units (revised from 81 units) designed as two-story triplex structures, each with two ground floor units and one upper floor, or loft, unit (Attachment 9). There are three floor plan designs, with floor areas of 2,245, 2,300 and 2,803 square feet. The building height of each structure is 27 feet, 10 inches to the high ridge line from finish grade. Each unit will have a two car garage with one covered golf cart space. A second Manor building design has been submitted as a one-story duplex structure (Attachment 10). This design is based on two floor plans of 2,495 and 2,942 square feet. The building height of the duplex structure is approximately 18 feet, three inches to the high ridge line from finish grade. Each unit will have a two car garage with one golf cart space. At present, the applicant has proposed to replace the two northwestern -most triplex buildings with this product, intended to provide a more compatible relationship with the existing adjacent single-family units. Village Homes — 102 multiple attached units, arranged in eight courtyards, each consisting of two 6-unit structures; a ninth courtyard contains one 6-unit structure at the very center of the project. Each structure incorporates the same plan layouts (Attachment 11). There are six floor plans, ranging in size from 1,476 to 2,100 square feet. Of these six plans, three are 2-bedroom and three are 3- bedroom. The building height of each structure is 29 feet, 6 inches, from finish grade to the highest ridge line. The 2-bedroom units will have a one -car garage with room for a golf cart, while three bedroom units will have a two car garage but no golf cart storage. Recreation Lots — There are two designated recreation lots, one shown as an unimproved lettered lot, and one of which will contain a common area pool, with a 256 second pool located on Village lot 94 (Attachment 12). The main pool facility, near the center of the Village complex, includes an 880-square foot stand-alone pool house, which will contain restrooms and showers, and covered loggia areas with a small entry gate structure. The second pool is at the east end of the Village unit complex, and is somewhat smaller in size with similar pool facilities. The second recreation lot is located just south of the main gated entry, and will contain various as -yet undisclosed amenities for residents of the project. There are also other "pocket" areas which are not shown as lettered lots, but are intended as recreation areas. Entry Gate House — This is a 500 s.f. structure located in a center island at the entry with one covered entry lane, one open entry, and one open exit lane, each 20 feet in width (Attachment 13). The entry gate itself also has two storage enclosures consisting of 208 s.f. each, within the small shed and gable -roofed structures at either end. Architecture — The overall architecture of the Eden Rock project reflects elements of Spanish, Mediterranean and Tuscan influences. The rooflines utilize shed and gabled design primarily, with some hip and turret -style elements. There are ornamental rafter tails, and all roofs will be covered with a concrete S-tile (built-up mudded clay tile is recommended). Facade areas will be a smooth sand stucco finish, with some wall sections fully covered in stone veneer, matching courtyard and patio walls. The Manor homes have upper floor decks, while small balconies with tiled shed -roof awnings are shown on upper floors of Village and Courtyard units. The overall architecture of the project generally utilizes a combination of arched doorways and rectangular windows, with some exceptions. Finish details include decorative wrought iron, wood doors and vinyl windows, faux window shutters, painted wood garage doors and terra cotta trim. Landscaping - The landscaping plans provide preliminary plant palettes and conceptual landscaping for the typical unit cluster areas, PGA Boulevard, entry and project common areas. All of these plans have been included as a set in the review packet in reduced -scale formats. Site Area Plan: An overall site preliminary landscape plan has been provided. This shows landscaping for the site perimeters, entry gate, garden house and other internal areas. It includes a generalized landscape palette based on the materials listed in the associated Specific Plan Amendment document prepared for Eden Rock. The site is separated into four landscape zones; Interior Open Space, Interior Streetscape, Golf Course, and Courtyards and Unit Entries, as defined in the landscape plans. Typical Unit Landscaping: These areas are illustrated more clearly in the packet exhibits for typical building landscape plans by unit type, and show enlargements 257 of the areas identified on the overall site landscape plan as the Courtyards and Unit Entries zone. Typical PGA Boulevard Streetscape: This plan provides a typical plan view and section along PGA Boulevard, and includes the main entry landscaping. The intent of the landscaping along this roadway is to generally match and blend with the existing streetscape improvements, while incorporating a more unique but compatible landscape design for the entry. Recreational Landscaping: This plan illustrates the landscape concept for the common pools and other recreation -oriented landscaping. The site provides recreational features, including two main pool areas with spa, changing, and cabana structures. Site sections have been provided to show both the building and landscaping relationships at selected points for the entire project area. These are shown at a 1:1 vertical to horizontal scale, as architectural sections. Development Agreement 2006-011 During the course of completeness and project reviews, discussions with the applicant focused on the City's fiscal concerns about losing the potential for up to 1,000 hotel rooms and 100,000 square feet of associated resort commercial, and the viability of such a hotel use on the site. As identified in the Final EIR for the current General Plan a Transient Occupancy Tax (TOT) revenue was estimated at $4,964 per room for all future hotel rooms. The density for Tourist Commercial land was based at 16 units per acre. Therefore, the TOT revenue for the subject property was based upon a room count of 672 for an annual TOT revenue total of $3,335,808. Based on these discussions, various options were explored to incorporate hotel use into the applicant's proposal. A Fiscal Analysis prepared by the Rosenow Spevacek Group (RSG) found that all options would result in a deficit to the General Fund projections. The applicant provided their own market analysis to support their position that hotel use is infeasible, based in part to competition and location. There is also a covenant on the property sale to the applicant that prohibits any transient occupancy facility on the site. While the legality of such a restriction is debatable, it was recorded as part of the property transfer. The covenant is a matter of private contract, and is in no way binding on the City's land use determinations. In the context of the PGA West Specific Plan, incorporation of the CT/RSP zoning designation for the site in the Specific Plan Amendment identifies that residential use of the site will only be permitted with approval of a Development Agreement 253 that ensures a funding mechanism be in place to financially offset the conversion of the original hotel/resort site to residential use. Consequently, the City has proposed implementation of a Development Agreement (DA) with Eden Rock. PUBLIC AGENCY REVIEW Staff transmitted a copy of the applicant's project request to responsible public agencies on August 17, 2006. Certain revised components have since been reviewed with the appropriate agencies as the project review has been proceeding. All written comments received are on file with the Planning Department. All agency comments received have been made part of the Conditions of Approval for this case, to the extent they are applicable. A Notice of Preparation (NOP) for the DEIR was circulated for Responsible Agency review on June 11, 2007, to solicit comment on the scope and content to be addressed in the DEIR. Comments received (Attachment 14) were incorporated into the DEIR as appropriate. A Notice of Completion (NOC) and Notice of Availability were filed/published on November 16, 2007, and the DEIR was circulated to all Responsible Agencies, as well as any interested parties that commented on the NOP. The Draft SEIR was also made available at the La Quinta Public Library. The comment period for the Draft SEIR ended on January 2, 2008. All comments received during the DEIR review period (Attachment 15) have been and incorporated into the Final EIR document. The City Council received copies of the Draft and Final EIR in advance of the project review materials distributed for this meeting. HISTORIC PRESERVATION COMMISSION On May 18, 2006, the Historic Preservation Commission (HPC) reviewed and accepted the property owner's Phase I Cultural Resources Survey Report. While the site was not found to have any potential archaeological or historically significant resources, the HPC policy requires monitoring in this part of the City regardless of whether artifacts were found during the survey. A paleontological records search and field survey were also conducted. The report concludes that the proposed site is determined to be "moderate to high, especially for Holocene -age invertebrate fossils." Although the report did not recommend site monitoring for tree removal, grubbing, or surface grading, or during the removal of on -site stockpiled dirt, the HPC policy requires monitoring of the entire site during rough grading and trenching if the initial field survey found any fossil mollusk shells on the surface. The HPC accepted the paleontological and archaeological evaluation reports, subject to monitoring of the site for both archaeological and paleontological 259 resources. Staff has incorporated those measures adopted by the HPC into the Conditions of Approval. SENATE BILL18 (SB 18) CONSULTATION REVIEW The General Plan and Specific Plan Amendment applications require Tribal organizations be consulted with regard to potential historic Native American sites. Nine Native American tribes, as identified by the State NAHC, were notified of the project proposal; three tribes, the Torres Martinez Desert Cahuilla Indians, the Agua Caliente Band of Cahuilla Indians, and the Ramona Band of Cahuilla Indians requested consultation. Subsequent to their respective reviews of the Phase I Cultural Resources Survey, only the Ramona Band requested specific measures above those recommended by the HPC, as follows: 1. That a Ramona Band tribal monitor be included with the monitoring crew; 2. The Ramona Band would like to meet to discuss the disposition of any and all archaeological resources/material discovered and/or collected during monitoring or subsequent construction of the project. Staff has incorporated the Ramona Band concerns into the project conditions. As the City has Certified Local Government status through the Office of Historic Preservation, its inventory and curation methodology has been accepted by the State. It should be noted that, while staff did receive additional comments on the DEIR from tribal organizations, SB 18 is not linked to CEQA review, and the consultation process had been concluded prior to NOP distribution. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE REVIEW AND ACTION On February 7, 2007, the ALRC did make a recommendation for approval of the subject item to the Planning Commission (Attachment 16). This action was taken subject to the staff recommendations as modified by the ALRC. Several of the items have been addressed by the applicant in revised plans that are part of the City Council review materials, including the revised one-story Manor plan for the northwest area, but all ALRC recommendations have been reiterated in the project conditions, along with the subsequent Planning Commission recommendations. PUBLIC NOTICE The proposed project was initially advertised in The Desert Sun newspaper on April 13, 2007 and December 15, 2007 for Planning Commission, and January 26, 2008 for City Council. The January 26, 2008 publication was for the February 19, 2008 City Council meeting, which was later postponed to April 1, 2008. All A 269 residents within PGA West were sent notification of the postponement on February 13, and 14, 2008, and since the project had not been placed on the agenda, no continuance was necessary. All property owners within PGA West were mailed a public hearing notice copy, based on an expanded noticing (required notice is 500 feet from the subject property). Notice was also provided to key contacts for the homeowners' representation, as well as the HOAs in PGA West. The City has received a list of 764 people who have signed petition cards against the project. The list and petition cards are on file with the City, along with other correspondence received. The City has received numerous comments from residents on this project, stemming from the April 24, 2007 Planning Commission hearing notice and the January 8, 2008 Planning Commission public hearing, as well as the hearing notice published for the February 19, 2008 City Council meeting, which was postponed to tonight's meeting. All written comments received since the April 24, 2007 hearing notice have been attached (Attachment 17). Any additional comments which are received prior to the meeting, but not included in this report will be presented to the City Council. It should also be noted that the applicant held several community meetings with the PGA West homeowner associations (Attachment 18), the last being held on April 19, 2007. SUBSEQUENT ENVIRONMENTAL IMPACT REPORT A Draft Subsequent Environmental Impact Report (Draft SEIR) has been prepared, consistent with CEQA requirements, which was distributed to the Planning Commission in early December. The City of La Quinta (City) is the Lead Agency and has the authority for preparation and certification of the SEIR. Certification of the SEIR is an action that will be considered by the City Council; the Planning Commission did consider the Draft SEIR in making its recommendations. The Draft SEIR includes a detailed project description and a description of the environmental setting. The Draft SEIR addresses the topics of Aesthetics, Air Quality, Public Services, Land Use and Planning, Hydrology and Water Quality, Noise, Cultural Resources, Public Utilities, Transportation and Parking, and Cumulative Impacts. Potentially significant impacts were identified with respect to Air Quality, Cultural Resources, Noise, and Transportation. With the adoption of the mitigation measures proposed in the Draft SEIR, all project impacts can be reduced to less than significant levels, with the exception of cumulative traffic impacts, which remain significant after mitigation measures are considered. 261 CEQA requires an alternatives analysis as part of the EIR process. Staff identified five alternatives for consideration in the SEIR: 1) No Project (required); 2) Existing Approved Specific Plan Uses; 3) Reduced Density Scenario No. 1; 4) Reduced Density Scenario No. 2; and 5) Reduced Height. Analysis of each of these alternatives is detailed in Section 14.0 of the Draft SEIR. There was no alternative identified which could accomplish the project objectives, and mitigate the significant impacts beyond the level of significance achieved by the project as proposed. Although the cumulative traffic mitigation measures proposed for Eden Rock could reduce the cumulative project impacts to less than significant, this impact remains significant because the balance of the improvements to which the applicant's proportional contribution would be applied are not identified in the City's Development Impact Fee program. Since the funding and timing of the remaining improvements beyond the Eden Rock contribution cannot be determined, specific findings to address this condition are required. CEQA allows public agencies to make findings to recommend approval of projects, despite the fact that certain potentially significant adverse environmental impacts are identified in the DEIR which are not mitigated to a level of insignificance. To do so, the Agency must state in writing the reasons to support its action based upon the DEIR and any information in the public record. Such a written statement is called a Statement of Overriding Considerations (SOC), which has been included as part of adoption of the Final EIR for the Eden Rock project relative to cumulative traffic -related impacts. The Final EIR, which includes the Subsequent Draft EIR and responses to comments received on the Draft EIR, was transmitted for public review and to City Council Members on February 8, 2008. Subsequently, the applicant has made project revisions which are not reflected in the Draft SEIR. Staff has reviewed the changes made to the project in context of the Draft SEIR and, pursuant to 15088.5 of the CEQA Guidelines, it has been determined that recirculation of the Draft SEIR is not required. The project changes would contribute to an overall reduction in potential project impacts, and are similar to the alternatives that are analyzed in the Draft SEIR. A summation of the effect of the proposed revisions on the Draft SEIR conclusions is provided (Attachment 19). PLANNING COMMISSION ACTION The Planning Commission considered the DEIR and project proposal at their meeting of January 8, 2008 (Attachment 20). Thirteen residents of PGA West spoke in opposition to the project, primarily citing concerns with traffic, building height of the clock tower and Village units, view blockage, density, rental potential of the units, security issues with rental occupants using other PGA West facilities, and a lack of adequate internal recreation facilities. No one spoke in favor of the project; 262 staff estimates that approximately 150 people attended the meeting, with the majority perceived to be in opposition. Subsequent to public hearing testimony, the Planning Commission discussion centered on the project's height and density. Consideration was given to eliminating some or all of the Village unit third story rooms, elimination of the clock tower, and lowering of the Manor units along the north project boundary by reducing the final grade elevation as recommended by staff. There were also concerns expressed on the project landscaping as too lush, and in particular the overuse of turf throughout the project. After consideration, the Planning Commission took actions to recommend to the City Council approval of the project applications, subject to the following modifications: • Reduction of the grade elevations for the Manor units; • Landscape plans to be prepared in accordance with the newly adopted CVWD and City Water Efficient Landscaping provisions, and brought back to the Planning Commission for review; • Reduction of the clock tower feature to 33 feet, to be no higher than the Village third -story roof line; • Applicant to work with staff toward exceeding minimum Title 24 requirements for energy efficiency as much as feasibly possible; • The entry gate house and duplex Manor unit designs be brought back to the Planning Commission for final architectural approval. The recommended changes referenced above, to the extent they remain applicable following the project revisions, can be found in Specific Plan Condition Nos. 6 through 9; Tentative Tract Condition No. 47, and Site Development Permit Condition Nos. 8, 16, 47 and 48. Subsequent to the Planning Commission action, staff also prepared revised conditions related to remnant easement/ROW abandonments for Avenue 56, and traffic impacts, based on further discussions with the developer and legal counsel. These changes are in Tentative Tract Condition Nos. 18, 20.6, 20.C, and 29.1. Staff has also revised several of the project conditions in response to the changes made by the applicant subsequent to the Planning Commission recommendation. These revisions are primarily based on making the conditions consistent with the current project proposal, and any substantive condition revisions are noted in the appropriate sections that follow. A 263 ANALYSIS: Based on the provisions of the General Plan, the current and proposed Amendment to the PGA West Specific Plan, the Zoning Code, and the Subdivision Ordinance, the following analysis of the project is provided. GENERAL PLAN CONSISTENCY The proposed General Plan Amendment (GPA) will change the 42-acre site designation from Tourist Commercial (TC) to Resort Mixed Use (RMU). The General Plan currently designates the project site as TC, based on the resort hotel use in the approved Specific Plan for PGA West. Originally, the applicant requested a General Plan Amendment to Medium Density Residential. However, concerns associated with the loss of a 1,000 room hotel and 100,000 square feet of associated resort commercial prompted staff to request the developer investigate other potential options for development of the property, including a combined residential/boutique hotel. The intent of the proposed GPA is to retain the land use designation for the site, while allowing for transition from hotel/commercial resort uses to medium density resort residential uses. Ultimately, staff determined that a General Plan land use designation of RMU would be the appropriate land use for the site. The RMU designation permits mixed -use developments that include single and multi -family residential, condominium development, as well as uses designated under the TC land use designation. The RMU category provides a land use -based means to facilitate capture of potentially lost revenue, due to conversion of tourist commercial land use to residential. The La Quinta General Plan Final EIR projected this site to provide Transient Occupancy Tax, based on a room count of 672. Traditional residential use of the site not only removes this revenue potential, it also creates a further deficit based on the service costs required for residential property. Because the applicant has investigated transient use options, and put forth its position that a traditional hotel project is infeasible, staff has prepared a Development Agreement (DA) to ensure that a funding mechanism is in place to financially offset conversion of the original hotel/resort site to residential use. In this manner, the DA is intended to compensate for the loss of the per -room revenue envisioned under the General Plan. ZONECHANGE The City Zoning Map will be amended to change the zoning on the Eden Rock site, modifying the existing zoning of Tourist Commercial (CT) to add the Residential Specific Plan (RSP) Overlay district to the site. Staff has determined that CT zoning, combined with the RSP Overlay designation and incorporated into the Specific Plan Amendment document, is consistent with the proposed RMU land use A 26t designation. The use of this overlay is appropriate, in conjunction with the Specific Plan Amendment, to facilitate the residential amenity proposed and the integration of the residential land use component into the existing tourist commercial zoning. SPECIFIC PLAN AMENDMENT The PGA West Specific Plan is currently administered in accordance with Amendment No. 4. The proposed Amendment No. 6 document has been prepared to address the Eden Rock site, and references the Amendment No. 4 document as applicable to the remaining Specific Plan area. Specifically, Amendment No. 6 addresses the following: 1. Updates the build -out figures for the Plan area based on existing conditions, and revises the total approved unit count to 4,056. While final PGA West build -out will be significantly less, this figure maintains consistency with Amendment No. 4 of the overall Specific Plan with inclusion of the Eden Rock change to Planning Area III. 2. Revises graphic references and exhibits related to Planning Area III. 3. Generally focuses on Planning Area III only, specifically with respect to the Eden Rock site. 4. Provides for residential as a permitted use, when accompanied by a Development Agreement to financially offset conversion of tourist commercial land to residential use, based on loss of per -room revenues projected in the General Plan. The westernmost ± 23-acre portion of Planning Area III (west of PGA West Boulevard) is designated Low Density Residential on the City's General Plan, and Tourist Commercial in the current PGA West Specific Plan. Staff does not propose any change to this portion of the Planning Area, as it is dedicated to private golf and tennis facilities associated with PGA West. Such facilities are consistent with both the Low Density Residential and Tourist Commercial designations. If a revision to these uses were to be proposed, the appropriate designation would need to be assigned based on that proposal. The project revisions made subsequent to the Planning Commission will need to be incorporated into a revised Specific Plan Amendment document. Attachment 21 summarizes the most significant revisions that are to be addressed. Staff has recommended conditions for the Specific Plan Amendment that will require a similar inventory of all changes to be provided, along with the revised document, for review and verification that it conforms with the revisions, should the project be approved by the City Council. A 265 Density - The Eden Rock project will introduce two-story buildings, at an overall net project density of approximately 6.3 units per acre. PGA West was originally approved at an overall net density of approximately 5.3 units per net acre, excluding golf course, lakes and other non-residential lands. Given that the actual build -out unit count is just over 50% of the original 5,000 units approved, the actual net density is approximately 2.7 units per net acre. However, net densities of many existing condominium areas range higher, up to approximately seven units per net acre. Depending on unit type and location, certain areas are even higher. For example, the Greens units, which are predominantly six and 8-plex structures located in Tract 21846, in the northwestern portion of PGA West, reach a net density of about 11.5 units per acre in some locations, when factoring out surrounding lakes, open space, etc. Similarly, the Legend and Champions units, which are older duplex and four -unit condominiums developed by Sunrise, are about 7.2 units per net acre, depending on location and unit distribution. In comparison, the Eden Rock proposal has net densities of 6.5 for the Courtyard Homes, 7.8 for the Manor Homes, and 10.8 for the revised Village Homes (previously 14.3). Given the distance and separation of the perimeter Courtyard and Manor homes from existing neighboring residential areas, the density of these two products does not constitute a significant inconsistency in density with existing variations in outlying residential areas. The Eden Rock site was originally designed for a large resort hotel, specifically situated for hotel and commercial development while recognizing the general impacts of such land uses upon surrounding residential areas. Thus, most of the subject property is buffered from single-family residential by way of recreational uses (golf course and two clubhouses) and PGA West Boulevard. The Eden Rock project has been designed to locate most of the taller units towards the center of the site or against the golf course, away from existing neighboring residential development. The closest existing residential unit to any two-story Eden Rock unit is approximately 185 feet, at the northwest portion of the site, with the majority of any other proximate units being at least 350 feet away. Granted, the proposed project will be a departure from the predominant existing single-family residential condominium character within the overall PGA West Specific Plan area. However, the subject site has never been intended for single- family residential land use since the PGA West project was first approved in 1984. As addressed in the Alternatives section of the Draft SEIR, if the project were to develop under its current Tourist Commercial designation and Specific Plan approvals, the site would have significantly greater density/intensity than the Eden Rock proposal. The impacts of this level of commercial development were analyzed in the EIR certified for the PGA West project in 1984, as well as under Amendment No. 1 in 1988. The overall project density, as designed and sited, will be a more compatible land use than what could be developed under the existing 266 designations for the site under the PGA West Specific Plan as presently constituted. Building Height - It appears that concerns with the height of the project have been addressed by the project revisions, which were made subsequent to the Planning Commission recommendation. Removal of the third story to the Village units, reduction in the total unit count, and removal of the clock tower originally proposed, were all modifications considered by the Planning Commission. However, as stated in the Alternatives section of the Draft SEIR, these revisions primarily address aesthetic concerns and do not achieve further significant reduction in impacts identified with the Eden Rock project, as originally proposed. In addition, the Draft SEIR did not identify any significant aesthetic impacts related to the height of the project. TENTATIVE TRACT MAP While the Draft SEIR shows that the Eden Rock project will generate traffic trips that are significantly lower than the current approved resort hotel uses for the site, a traffic analysis was prepared to demonstrate the impact of the Eden Rock project in the context of a new project proposal, in accordance with CEQA requirements. The study identifies four major intersections for evaluation, based on their likelihood to be most impacted by Eden Rock project traffic: • Washington Street and Avenue 50 • Jefferson Street and Avenue 54 • Jefferson Street and Avenue 50 • Madison Street and Avenue 54 The study identified that project traffic, combined with existing traffic, would have a significant impact to the intersection of Jefferson Street/Avenue 54 (2007-plus- project condition). The Washington Street/Avenue 50 and Jefferson Street/Avenue 50 intersections will incur significant cumulative impacts when project traffic is combined with build -out traffic as projected under the La Quinta General Plan (Post 2020 General Plan condition). No significant impacts were identified at Madison Street/Avenue 54. Mitigation of traffic impacts is required at two levels: mitigation of the project traffic impacts to the existing circulation system, and mitigation of project impacts for the build -out circulation system. As a result, specific improvements have been irfantifiaA of amrh of thaea thrpa intpmPctinns_ as shown in the following table. INTERSECTION PROJECT + EXISTING PROJECT + POST 2020 GP IMPROVEMENT IMPROVEMENT Jefferson/Avenue 50 None Traffic lane improvements Washington/Avenue 50 None Traffic lane improvements (0.9%)' 267 I Jefferson/54 I Traffic signal z I None 9 Improvement not currently identified in City Development Impact Fee Program — Applicant to contribute fair -share percentage based on Project + 2020 condition Z Improvement is currently identified in City Development Impact Fee Program. Applicant required to pay $125K toward signal cost, or install signal if not installed and warrants are met, prior to first building permit, subject to DIF reimbursement When implemented, these improvements will reduce the traffic impacts of this project to less than significant levels. However, since the mitigation measures for the two Avenue 50 intersections cover only a portion of the needed improvements' cost, the remainder of the cost must be covered by another approved funding source in order for the measures to be considered as viable mitigation. Currently, neither of the two Avenue 50 intersections is included in the City's DIF and/or any other program and therefore, the project's impact on these two intersections remain at a significant level. To address this issue, the City Council can, in the future, choose to include these improvements in an upcoming Development Impact Fee (DIF) update or Capital Improvement Program, but until such time, a Statement of Overriding Considerations is required. It is also important to note that the reduction of 26 units (approximately 9%) does not reduce trip generation enough to affect the traffic impacts that are identified in the Draft SEIR. Grading - The site grading terraces the building pads from north -to -south, at lower elevations as the site slopes to the south. Grading has been modified, based on recommendations, that the Manor pads be lowered, and the grade differentials between the Manor and Village pads be minimized as well. The proposed realigned golf cart path connecting PGA Boulevard and the Stadium course is set at or below the Stadium golf course edge, undulating vertically between two and five feet, generally, below the adjacent Manor pads as it runs along the edge of the golf course. There were some significant grade differential transitions, such as that shown on Site Section F-F (Attachment 22), which the Planning Commission recommended be addressed as part of the recommended approval. The grade variations between the Manor and Village units were approximately 7-10 feet in height, prior to the applicant's redesign. These variations now range between three and six feet, achieved by lowering the Manor unit pads at intervals ranging between two and four feet, while raising the northernmost Village pads between 0.5 and 1.5 feet. Staff is satisfied that the applicant has achieved a significant reduction in these areas, and has recommended a modified condition to address the final parameters of these reductions during the grading plan check process. Courtyard unit lot lines — As currently proposed, there may be minor conflicts with Courtyard unit lot lines based on their relationship to the building footprints. The applicant's architect has reiterated his confidence that the ultimate configurations e 268 will require only minor revisions, if any, during the plan check process. It should be noted that this issue was raised by staff early in project review process, and staff has recently been working with the applicant to address this such that any necessary revisions at plan check can be accommodated through conditions of approval. Lot lines called out on the tentative map appear to bisect many of these units, which could affect either the unit design, or the map layout, which could require a revised tentative map and new public hearings. Staff addressed this concern as part of the approval conditions for the Tentative Map and Site Development Permit, as reviewed and recommended by the Planning Commission. SITE DEVELOPMENT PERMIT Common Open Area - A concern of staff with respect to the overall design of higher density projects is functional and usable open space. The project design does incorporate open space based on the requirements for common open area in the Zoning Code, which states that 30% of the net project area must be dedicated to common open area. According to the revisions to the Specific Plan Amendment document, a total of about 28.5% common open area is provided, which does not comply with the City Zoning Code minimum standard of 30%. In addition, at least 30% of this required open area must be suitable for active recreational uses (tot lot, swimming pool, game courts, clubhouse, etc.). The applicant has included the two pool facilities, specific recreation areas/lots, and pedestrian paths in their active recreation calculation of 30.2%, which complies with the 30% Zoning Code requirement. The applicant has been conditioned to provide plans for active recreation amenities within the designated recreation lots and other areas. Staff believes the proposed open space standards in the Specific Plan Amendment document are adequate to serve the project residents' needs. In addition, the applicant has provided an exhibit which illustrates that up to 118 of the Courtyard and Manor units will have sufficient private open space to potentially accommodate private pools, which would help to limit demand on the common area pools and associated facilities. Revisions to the Village units have also created private open space areas for most of those units, some of which could accommodate small private pool locations. It is also envisioned that many residents will choose recreational opportunities at the neighboring PGA West Stadium Clubhouse, and/or the Palmer Private clubhouse or PGA West Tennis complex. Parkin — The applicant has revised the project parking, based on the revised unit total of 264 and revisions to the Village unit plans. The total proposed parking of 756 spaces for the project designates 205 on and off-street parking spaces and 74 spaces within driveways of the Manor and Courtyard units as residential guest parking. There are also 215 total golf cart spaces in the Courtyard, Manor and Village units, which are not included in parking counts. The staff analysis does not count the 74 driveway spaces, allotted from the Manor and Courtyard homes, as the Zoning Code requirements do not address guest parking in driveways. r 269 However, these spaces have been identified in the Specific Plan and project plans. It should be noted that the Draft SEIR analysis was based on a unit count of 292, and included all parking spaces as proposed by the applicant, except the golf cart spaces. The project proposes two -car garages for the Courtyard units, which include both two and three -bedroom units. The Courtyard units, as attached duplexes, require only a two -car garage, with no guest parking requirement as on -street parking is being provided. Of the 83 Courtyard units, 76 are 3-bedroom plans. The Courtyard units meet the Code -required standards, and include 71 guest spaces on -street. The Manor units are a condominium design, and all 79 units are three bedrooms. The Zoning Code requires three covered spaces and 0.5 guest space for a 3- bedroom multi-family/condominium unit. As a result, the Manor units are deficient by 79 covered spaces, but adequate guest parking is provided through on and off- street parking. The Village units as revised are a townhouse design. Based on the Zoning Code, townhomes require two garage spaces and 0.8 guest spaces per unit, regardless of bedroom count. Whereas the previous Village units, as condominiums, provided a 2-car garage for each unit, the redesigned Village units provide a 1-car garage for each of the 51 two -bedroom units, and a 2-car garage for each of the 51 three - bedroom units. The single -car garages do incorporate room for golf cart storage. Overall, based on the Code requirements for residential unit spaces, the project is deficient by 130 covered spaces, but provides an excess of 83 guest spaces, accounted for as on -street parking, and not including 74 driveway stalls proposed as guest parking. The applicant had submitted a parking analysis, which relies on a survey of Coachella Valley cities, Institute of Transportation Engineers and County of Riverside standards. The study was based on the originally proposed unit count of 292, and is therefore limited in its applicability to the revised project. However, staff calculations from the parking analysis' average per -unit parking data indicate 629 total spaces, based on the survey average, would be required. The comparisons in the table below indicate the parking required by the City, provided by the project, and the total average based on the applicant's analysis. Covered Guest Residential Total Average space/unit Pools Project Total LQMC 607 122A 729 2.76 N/A 729 Eden Rock 477 205" 682 2.58 0 682 e 219 RK study' --- --- 629 2.37 1 0 1 629 A Guest parking not required for Courtyard units B Includes all on and off-street parking, but not 74 proposed Manor and Courtyard driveway spaces ' Based on unit type averages presented in study. Covered and uncovered not identified. The parking study indicates that, on average, La Quinta parking standards are more restrictive than those of other Valley cities, consistent with analyses done on other multi -family projects. For example, when the City reviewed parking for the Wolff Waters Place affordable housing project at Dune Palms Road and Avenue 48, it was determined the City Code required 3.0 spaces per unit on average for that project, where 2.24 spaces on average per unit were proposed and approved by the City. It has long been recognized that City parking provisions are generally more restrictive than necessary, particularly with respect to multi -family requirements. The parking chapter of the Zoning Code does, in fact, include provisions to allow reduced parking, through project -specific support documentation, such as a parking analysis. The Code -required residential parking ratio for the overall Eden Rock project is 2.76, while the applicant's parking study indicates a 2.37 ratio. It is staff's opinion that the overall proposed parking ratio of 2.58 for this project will be adequate to serve its residential parking demand. Where the project provides a two -car garage for a residential unit, staff has determined that adequate parking for those units is provided. Currently, the City does not require three covered spaces for single-family units, such as the 3- bedroom Courtyard units. The Courtyard and Manor units are more similar to single -attached units than multi -family, and a 2-car garage for each unit will be adequate in combination with the on and off-street guest parking provided. Although the Zoning Code does not acknowledge allowance of driveway parking to meet guest requirements, the reality is that many guests will likely park in driveways of units they are visiting, where available. The use of these driveway spaces for the Courtyard and Manor units will need to be regulated through the project CC&R's, as required in the recommended approval conditions. With the revised Village units, the 2-bedroom plans have been provided with a single car garage under the Specific Plan Amendment document, where a 2-car garage is required under the City Zoning Code. While a 2-car garage would be a more desirable condition, staff is recommending that a single garage will be adequate for the Village 2-bedroom units. As resort units, the need for guest parking becomes more heavily weighted. Use of on- and off-street parking along the private street system for guests allows for 205 spaces throughout the project, where 122 are required. Owners of these smaller Village units are likely to be empty nesters, and similar two -person households, which are more likely to have one car. In a rental condition, the need for guest parking will become more prevalent. As adequate guest parking for the Village units has been provided as 271 required by City Code, staff is comfortable with the single car garage design for the 2-bedroom Village units. The City does not have a general parking standard for recreation facilities such as common residential pools. Such facilities are usually provided only for residents, and located within easy walking distance of the residential units. The 83 guest spaces provided for the Village residential units could be redesigned to add parking for golf carts, as the outlying Manor and Courtyard units will include covered spaces for golf carts. While the Courtyard and Manor units are all within a five minute walk of the recreation facilities, it is likely that some residents will use golf carts when visiting the recreational facilities and common pools. Staff has included a condition to require this adjustment to the guest parking areas. Conditions will require all guest parking shall be restricted to use by guests only, including any of the additional driveway parking they may wish to designate as such. Finally, a condition has also been included, to require the parking count details to be clarified within the final Specific Plan document. Perimeter wall design — The perimeter wall for the site along PGA Boulevard is generally located at varying setbacks ranging between 40+ feet from curb at the north end down to the Palmer Clubhouse entry, then extending south and east along PGA Boulevard, narrowing incrementally from about 20 feet down to 12 feet. Existing wall locations along PGA Boulevard vary, but are generally 20 feet back of the curb line. There are no landscaped setbacks or sidewalk required along PGA Boulevard as it is a private street. The HOA has had concerns with the design of the perimeter wall, and extension of the sidewalk south from the Eden Rock main entry, preferring a landscaped area rather than a sidewalk. The HOA has indicated they would like the PGA Boulevard wall design to be consistent with the existing sections of the wall. It is recommended that a final wall design and location plan be submitted, based on wall location as shown on the tentative map and to be set at a minimum 15 feet from back of curb, with some allowance for staggered design, similar to the prevailing conditions on the east side of PGA Boulevard. The wall aesthetics also will be reviewed to ensure consistency with the ALRC recommendation, as required by Condition of the tentative map. As part of the applicant's negotiations with the resident representatives, the perimeter wall and cart path realignment will be installed as part of the first phase project improvements, and have been so conditioned. Aesthetics — The character of the proposed project differs from that which exists at PGA West. The distinction is in the type of development and massing proposed specific to the Village and Manor units. Existing development within PGA West is primarily single story in nature, consisting of detached and attached single-family condominium homes, with a small percentage of two-story condos built in the northwest portion of PGA West that are not in proximity to this site. 212 The Draft SEIR includes a Visual Impact Study, based on photo interpolation of the proposed project elevations. The images are based on story poles, set up at locations to illustrate the various peak heights associated with each element of the project. These images are intended to demonstrate the visual impact of the project when completed, from various locations around the site. The visual impact analysis did not identify any significant impacts to visual aesthetics. The project will not substantially alter existing views to. the Santa Rosa Mountains and surrounding golf course areas. The analysis did conclude that some obstruction of views to the Little San Bernardino Mountains would occur, but these views are not visually prominent. As the Garden House clubhouse facility and its associated clock tower feature have been removed by the applicant, no further visual analysis would be warranted. The Aesthetics and other sections of the Draft SEIR which discuss the clock tower, are now moot. Based on ALRC review and recommendation, the applicant incorporated an alternative single -story design for the Manor Home product. As described previously, this will be a duplex variation of the Manor product, to be sited at the northwest portion of the project, and is proposed to replace two Manor buildings on Lot 84. This addresses concerns over the interface with existing residential on Oak Hill, at the project's extreme northwest boundary. DEVELOPMENT AGREEMENT The proposed Specific Plan Amendment requires the approval of a Development Agreement (DA) that ensures a funding mechanism to be in place, to financially offset the conversion of the original hotel/resort site to a medium density residential use. As a condition of Specific Plan Amendment No. 6, the DA is required to be incorporated into the final Specific Plan document. It should be noted that the DA is being revised based on the latest unit count of 264. As noted earlier in this report the General Plan fiscal analysis evaluated the fiscal impact of hotel development. This analysis assumed the City would have up to four destination resorts (La Quinta Resort, SilverRock, PGA West, and Travertine) and up to approximately 3,600 hotel rooms when the City is built out. The General Plan anticipated all properties designated Tourist Commercial would be developed with revenue producing land uses. The City Council has required all Tourist Commercial lands which are proposed for residential land uses to enter into a DA for the purpose of providing revenue to off -set the loss of hotel room revenue. The model DA that has worked best includes a one time payment assessed at the building permit stage and an annual payment. The purpose of the annual payment is to ensure an ongoing, minimum level of operating revenue that can be incorporated into the City's General Fund. Staff recommends the City Council use 273 the model DA so there is consistency between resort residential projects within the City. When Pacific Security Capital submitted a development program that converted the land use from hotel to a non -hotel use, staff requested they submit a TOT in -lieu payment proposal that would generate revenue to compensate for the loss of the per room revenue envisioned in the General Plan. In discussion with Pacific Security, staff suggested this proposal be modeled after the Legacy Villas ("Centex") agreement. The Legacy Villas Agreement provides for initial payments and annual payments in the same agreement format. Pacific Security submitted a proposal in January, 2006 that provided for both an Initial Mitigation Payment and an Annual Mitigation Payment. Subsequent negotiations resulted in the following payment schedule that was included in the draft Development Agreement for this property: Unit Type Initial Annual Payment Payment Village $2,500 $1,000 Courtyard $3,000 $1,200 Manor $3,500 $1,400 The Developer agreed to these payments. The Annual Mitigation Payment is annually adjusted per the Consumer Price Index (CPI). There were additional provisions that would credit TOT revenue earned in excess of the Annual Mitigation Payment towards the following year's Annual Mitigation Payment (on per unit basis). Per the above schedule, the Initial Mitigation Payment would generate $799,000. Over a ten-year period, the Annual Payment would generate $3,277,299, assuming a 3% annual CPI adjustment. In January, 2008, Pacific Security Capital submitted a revised payment proposal that maintained the above Initial Mitigation Payment schedule, but substituted a per unit Resale Mitigation Payment for the Annual Mitigation Payment. Their payment schedule is outlined below. Unit Type Initial Resale Payment Payment Village $2,500 $2,500 Courtyard $3,000 $3,000 Manor $3,500 $3,500 The proposed Resale Mitigation Payment does not include an annual CPI adjustment. A 2 7 Y The amount of Resale Mitigation Payment revenue generated is determined by how many units sell each year. Staff requested RSG identify the historic resale rate for residential, and in particular condominium and townhouse units, in La Quinta. RSG contacted the State Department of Finance who annually identifies the total number of single and multi -family units in the City. This data is presented in the "Units" column below. RSG also contacted Data Quick, a real estate data firm that many real estate brokers and analysts use to obtain real estate market data, to identify the total number of re -sale and new condominium and townhome units sold each year. The Data Quick information is presented in the "Units Sold" column below. Unfortunately both the Department of Finance and Data Quick data could not provide data for PGA West properties only. Further, the Data Quick data does have a limitation when applied to this scenario; it includes both new sales and re- sales. The Eden Rock Resale Mitigation Payment would only be applied to unit re- sales not new unit sales. The Data Quick information may overstate the annual turnover rate since it includes new unit sales. Dividing the number of units that sell each year by the total number of units within that category identifies the percentage of the total number of units in that category that sell each year. The following chart identifies data for 2003 through 2007. The Turnover Rate is the percentage of the total stock that sold each year. Year Units Units Sold Turnover Rate 2003 2,311 510 22.1 % 2004 2,519 573 22.7% 2005 2,897 416 14.4% 2006 3,001 263 8.8% 2007 3,378 205 6.1 % Average 393 14.8% Units include Multi -Family and SFR Attached (Townhomes); Source: State Department of Finance Units Sold include re -sale and new condos and townhomes; Source: Data Quick Turnover equals units sold divided by number of units Pacific Security Capital indicted they anticipate 20.0% annual Turnover Rate. This is in excess of the average Turnover Rate the above data indicates. If a 20.0% Turnover Rate is used, RSG calculates that the ten year total income from the Resale Mitigation Payment is estimated to be $1,278,600. Pacific Security Capital also submitted a ten year Resale Payment estimate based upon a 20% Turnover Rate. Their estimate indicates the Resale Payment would generate $1,587,000 over a ten year period. Staff has requested the back-up information in order to understand the assumptions they used to achieve a higher ten year payment estimate. We have not received this information as of yet. If the 14.8% average Turnover Rate is applied, the ten year total income from the Resale Mitigation Payment is estimated to be $941',378. These amounts are 61 % and 275 71 % less than what would be generated by the initial Annual Mitigation Payment, respectively. Staff is concerned that the resale payment proposal would result in unstable revenue due to wide ranging fluctuations in the Turnover Rate. The Turnover Rate would create a situation where revenue could not be predicted, and revenue could not be factored into the City annual budgets. The proposed annual payment would keep revenue relatively stable. On March 27, 2008, Mr. Zeilenga submitted correspondence (Attachment 23) that transmitted property turnover data generated by John Burns Real Estate Consulting. Mr. Burns was requested to evaluate property turnover rates. His analysis is summarized on page three of his correspondence; it indicates that from 2000 to 2007, single- family homes sold at a rate ranging from 21.5% to 8.6%, with an average turnover rate for that period being 16.1 %. This compares to the 14.8% rate presented by RSG. Applying the 16.1 % versus the 14.8% turnover rates does not make a significant difference. However, when Mr. Zeilenga summarizes the various ten year fee income projections in his March 27, 2008 letter (the SUMMARY OF TOT REVENUE PROPOSALS FOR EDEN ROCK table), he does not use the 16.1 % average rate provided by his consultant and instead uses the 20% rate that his client maintains would be the annual turnover rate. Further, his projections cover a ten year period that assumes all 270 units come on line year in year one versus incorporating a three to five year build -out and absorption schedule. This would over state the potential income. The March 27" correspondence was received Thursday afternoon. Staff and RSG could not thoroughly evaluate this information in time for the staff report deadline. We will continue to review this data and offer any additional observations during the April 1 discussions. The proposed DA, and subsequently the City's Covenants, Conditions, and Restrictions, will require that the HOA monitor rentals through a rental tracking system to ensure that TOT is paid annually for any short term rentals (under 30 days). Any TOT paid during the annual period would be credited against the annual TOT mitigation payment as charged. It should be noted that there has been concern raised from certain PGA West residents regarding the annual mitigation payment, and the potential for this payment to encourage owners to rent their units short-term in order to cover the annual payment. Currently, numerous PGA West properties are available for both short and long-term rental. The proposed Development Agreement, including the City Declaration of CC&R's, has been attached as part its respective adopting Ordinance. FINDINGS AND ALTERNATIVES Findings necessary to approve the various development applications can be made and are contained in the attached Resolutions and Development Agreement Ordinance. The alternatives available to the City Council include: 1. Adopt the respective City Council Resolutions and take up the respective Ordinance No.'s, certifying the Environmental Impact Report (SCH #2007061056) and approving the Eden Rock at PGA West Project; or, 2. Do not adopt the respective City Council Resolutions and do not take up the respective Ordinance No.'s, certifying the Environmental Impact Report (SCH #2007061056) and approving the Eden Rock at PGA West Project and instead adopt a Resolution denying the Project; and, 3. Remand the requests back to the Planning Commission for additional study; or 4. Continue these items to a date specific; or 5. Deny the proposed applications; or, 6. Provide staff with alternative direction. Respectfully submitted, Les Johnson, Plan ing rector Approved for submission by: 4111xvw / i i"l,P L'L-f}y�-P/�� Thomas P. Genovese, City Manager -27 7 Attachments: 1. Location Map 2. Eden Rock Site Layout 3. Existing Land Use — Eden Rock site 4. Proposed Land Use — Eden Rock site 5. Proposed Zoning — Eden Rock site 6. Planning Area III — PGA West 7. Tentative Tract Map 33226 — Eden Rock 8. Courtyard Homes - Floor Plans/Elevations 9. Manor Homes Triplex - Floor Plans/Elevations 10. Manor Homes One-story Duplex - Floor Plans/Elevations 11. Village Homes — Floor Plans/Elevations 12, Recreation/Pool Lot amenities 13. Entry Gatehouse — Floor Plan/Elevations 14. Comments received on Notice of Preparation 15. Comments received on Draft SEIR 16. ALRC Recommendation — Action Letter dated 2/7/08 17. Notice Responses - PC 4/24/07, 1 /8/08; CC 2/19/08 18. Homeowner meetings list 19. Effect of proposed revisions on Draft SEIR 20. January 8, 2008 Planning Commission Minutes 21. Eden Rock Specific Plan Amendment Modifications 22. Site Section F-F 23. Letter dated March 27, 2008 from Richard Zeilenga r RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE #2007061056) PREPARED FOR SPECIFIC PLAN AMENDMENT 83-002, AMENDMENT No. 6; GENERAL PLAN AMENDMENT 2006-107; ZONE CHANGE 2006-127; TENTATIVE TRACT 33226; SITE DEVELOPMENT PERMIT 2006-852; AND, DEVELOPMENT AGREEMENT 2006-011 AS BEING ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE ENVIRONMENTAL IMPACTS; AND RECOGNIZING THE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED CASE: SUBSEQUENT EIR (SCH #2007061056) APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 151 day of April, 2008, hold a duly -noticed public hearing to consider the request of Crowne Pointe Partners LLC (hereinafter "Applicant") for approval of a General plan Amendment, Zone Change, Specific Plan Amendment, Tentative Tract Map, and Site Development Permit, (hereinafter "Entitlement Approvals") to allow construction of a 264-unit residential condominium and townhome project, a guard gatehouse, two common area pools and other recreational amenities (hereinafter "Project"). The Project site is located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, and more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, it was determined pursuant to California Environmental Quality Act ("CEQA") and the CEQA Guidelines (14 Cal. Code of Regs. Sections 15000 at seq.) that the Project could have a significant effect on the environment, and thus warranted the preparation of a Subsequent Environmental Impact Report ("SEIR"); and, WHEREAS, on June 11, 2007, the City of La Quinta, as lead agency under CEQA, prepared a Notice of Preparation ("NOP") for the SEIR; mailed that NOP to public agencies, organizations, and persons likely to be interested in the potential impacts of the proposed Project; and, 279 Resolution No. 2008- Subsequent EIR (SCH# 20070610561 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 2 WHEREAS, the City thereafter caused to be prepared a Draft Subsequent Environmental Impact Report ("Draft SEIR"), which, taking into account the comments it received on the NOP, described the Project and discussed the anticipated environmental impacts resulting therefrom, and on November 16, 2007, circulated the Draft SEIR for public and agency comments; and, WHEREAS, the Draft SEIR has been prepared and circulated, pursuant to the requirements of the California Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended (Public Resources Code §21000, et seq.); and, WHEREAS, the public comment period for the DEIR closed on January 2, 2008; and, WHEREAS, the City has reviewed the comments received on the Draft SEIR, has prepared full and complete responses thereto, and on February 5, 2008, distributed the responses in accordance with Public Resources Code Section 21092.5; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81" day of January, 2008, hold a duly -noticed public hearing to consider the information presented in the Draft SEIR, along with the request of the applicant for approval of the Entitlement Approvals to allow construction of the Project as a 290- unit residential condominium development of one, two and three-story structures, including a 7,122 s.f. clubhouse facility and 43.5-foot high clock tower (reduced to a maximum 33 feet high), and did in fact recommend such approval to the City Council by a 3-1 vote; and, WHEREAS, subsequent to the Planning Commission recommendation of January 8, 2008, the applicant proposed revisions to the Project, based on both written and oral testimony from residents of PGA West, as presented during the Planning Commission Public Hearing. Said revisions include: 1) a reduction in unit count from 290 to 264; 2) elimination of the third -story elements of the Village units with a reduction of maximum height from 33.6 feet, to 29.5 feet; 3) elimination of the 7,122 s.f. clubhouse facility and 43.5-foot high clock tower; and 4) the addition of a second common area pool and replacement of the 7,122 clubhouse with a smaller common pool and restroom/changing structure; and, WHEREAS, the City Council has reviewed and considered the information pertaining to the Draft SEIR at a duly -noticed public hearing held on April 1 ", 2008; and, 290 Resolution No. 2008- SubsequentEIR(SCH# 2007061056) Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 3 WHEREAS, said Project changes previously described herein were reviewed by the Planning Department pursuant to 15088.5 of the CEQA Guidelines, and it was determined that recirculation of the Draft SEIR was not required, because the changes would contribute to an overall reduction of the identified potential Project impacts; and, WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of CEQA, that the City shall not approve a project unless there is no feasible way to lessen or avoid significant adverse environmental impacts, which means that all adverse environmental impacts have been avoided to the extent feasible or substantially lessened, and any remaining unavoidable significant adverse environmental impacts are acceptable based upon the City's findings and determinations consistent with CEQA; and, WHEREAS, the City Council of the City of La Quinta has read and considered all documentation comprising the Final EIR, and has found that the FEIR considers all potentially significant adverse environmental impacts which may be caused by the proposed project, and determined it is complete and adequate, that it fully complies with all requirements of CEQA, and reflects the City Council's independent judgment; and, WHEREAS, prior to action on the Project and the Entitlement Approvals, the City Council considered all significant adverse environmental impacts, mitigation measures and proposed project alternatives identified in the FEIR, and has found that all potentially significant adverse environmental impacts which may be caused by the Project and implementation of the Entitlement Approvals have been lessened or avoided to the extent feasible and the City Council has determined that the proposed alternatives to the Project do not: 1) meet the City's and/or applicant's objectives for the Project Site; and/or 2) are not feasible; and/or 3) are not environmentally superior; and WHEREAS, CEQA provides that no public agency shall approve or carry out a project for which a FEIR has been completed and which identifies one or more significant adverse environmental impacts of the proposed project unless the public agency makes written factual findings for each of the potentially significant adverse environmental impacts identified in the Draft SEIR; and WHEREAS, CEQA Guideline Section 15093(b) recognizes that the La Quinta City Council may proceed to approve the Project and the Entitlement 231 Resolution No. 2008- SubsequentEIR(SCH# 2007061056) Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 4 Approvals, despite the fact that certain potentially significant adverse environmental impacts are identified in the FEIR which are not mitigated to a level of insignificance, where the City has stated in writing the reasons to support its action based upon the Draft SEIR and other information in the public record; and WHEREAS, the City Council has determined that the Project is necessary to serve the existing and future needs of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta resolves as follows: SECTION 1. Certification. Based on its review and consideration of the FEIR as presented, the City Council certifies the EIR for the Project and that the FEIR has been prepared in compliance with CEQA and the State and local CEQA Guidelines. The City Council adoption and certification of the FEIR reflects the City Council's independent judgment and analysis. The City Council further certifies that the FEIR was presented to the City Council and that the City Council reviewed and considered the information contained in it prior to recommending approval of the Project. SECTION 2. CEQA Findings and Statement of Facts. Pursuant to CEQA Guidelines Section 15091, the City Council of the City of La Quinta, California has reviewed and adopts the CEQA Findings and Statement of Facts as shown on the attached Exhibit A, entitled "CEQA Findings and Statement of Facts," which is incorporated herein by this reference as though fully set forth. SECTION 3. Statement of Overriding Considerations. Pursuant to CEQA Guidelines Section 15093, the City Council of the City of La Quinta, California, in addition to the findings made in the body of the FEIR, has reviewed and finds that the Statement of Overriding Considerations as shown on the attached Exhibit B, entitled "Statement of Overriding Considerations," is necessary, and the City Council adopts and incorporates herein by this reference as though fully set forth. SECTION 4. Mitigation Monitoring Program Approval. Pursuant to Public Resources Code Section 21081.6, the Mitigation Monitoring and Reporting Program for the Project is hereby adopted as Exhibit C. SECTION 5. Location and Custodian of Record of Proceedings. The custodian of the records and proceedings shall be the Planning Director, and such records and proceedings shall be on file in the Planning Department in the City of La Quinta, California. 282 Resolution No. 2008- SubsequentEIR(SCH# 2007061056) Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 5 SECTION 6. Notice of Determination and Completion. The City Council requires that the Planning Department Director file a Notice of Determination with the County Clerk of the County of Riverside and with the State Office of Planning and Research within five working days of City Council approval. SECTION 7. Certification, Posting and Filing. This Resolution shall take effect immediately upon its adoption by the City Council of the City of La Quinta, California, and the City Clerk shall certify to the vote adopting this Resolution and shall cause a certified copy of this Resolution to be filed. The City Clerk shall post the Resolution in three conspicuous places in the City of La Quinta. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That the City Council of the City of La Quinta, California, does hereby certify Subsequent Environmental Impact SCH# 2007061056 for General Plan Amendment 2006-107, Zone Change 2006-127, Specific Plan 83-002, Amendment No. 6, Tentative Tract Map 33226, and Site Development Permit 2006-852, as adequate and complete and in compliance with the requirements of CEQA for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 1" day of April, 2008 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: LEE M. OSBORNE, Mayor Pro Tern City of La Quinta California Resolution No. 2008- Subsequent EIR ISCH# 2007061056) Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 6 ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California EXHIBIT A CEQA FINDINGS and STATEMENT OF FACTS OF THE CITY COUNCIL FOR THE CITY OF LA QUINTA for the EDEN ROCK AT PGA WEST PROJECT SPECIFIC PLAN 83-002, AMENDMENT NO. 6 {00033855.DOC; 1) 285 CITY COUNCIL FOR THE CITY OF LA QUINTA FINDINGS REQUIRED UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Public Resources Code Section 21000 et seq.) TABLE OF CONTENTS G a 286 (00033855 DOC; 1) CITY COUNCIL FOR THE CITY OF LA QUINTA FINDINGS REQUIRED UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Public Resources Code Section 21000 et seq.) I. Introduction. The proposed Eden Rock at PGA West Specific Plan project would result in the construction of 290 total residential dwelling units, in three different types of multi0family units. Specifically, (i) 79 manor homes in 27 buildings, with each building including 2 attached townhomes and 1 penthouse unit; (ii) 83 courtyard homes, located in 20story duplex buildings, with each court yard consisting of approximately 4 units and 1 individual standalone unit; and (iii) 128 village condominium homes, located in 8 buildings, each of which will contain 16 units. This project will also include a 7,1220square Elfoot clubhouse/recreation center. The subject site is comprised of approximately 42 acres, located at the northwest corner of PGA Boulevard and Spanish Bay, the center of the existing PGA West Community. The Applicant is requesting that the City: (1) certify of a Subsequent Environmental Impact Report ("SEIR") and adoption of a Mitigation Monitoring and Reporting Program; (2) approve General Plan Amendment No. 2006- 127; (3) approve an amendment to the La Quinta Official Zoning Map, Zone Change 2006-127; (4) approve Amendment No. 6 to Specific Plan 83-002; (5) approve Tentative Tract Map 33226; (6) approve of Site Development Permit 2006-852; and (7) approve a proposed Development Agreement 2006-011 (collectively referenced herein as the "Project"). The City of La Quinta (the "City") previously reviewed and approved the original PGA West Specific Plan (the "Specific Plan") that allowed for the development of up to 5,000 residential units, 650 hotel rooms, approximately 120,000 square feet of resort commercial uses and a 20-acre commercial center, all on approximately 1,665 acres. The City certified the PGA West Specific Plan Final EIR (SCH #83062922) in May 1984 (the "Final EIR"), which included the 41.95 Project site as part of the entire 1,665-acre Specific Plan area. The prospective hotel and commercial space was to be developed on the Project site. On September 20, 1988, the City approved an amendment to the Specific Plan, which increased the number of hotel rooms from 650 rooms at four stories, to 1,000 rooms at six stories, and decreased the retail/resort commercial square footage from 120,000 to 100,000. On June 6, 1989, the City approved a second amendment to the Specific Plan, adding an additional 21.5 acres to the northwest portion of the Specific Plan area. A third amendment was approved by the City on August 6, 1996, which involved no land use changes, but updated the Specific Plan to reflect then -current conditions related to unit counts, formatting of the document and minor changes to development standards for residential uses. On October 3, 2000, a fourth amendment was approved by the City which changed the zoning of 20 acres from Community Commercial to Medium Density Residential for the Residence Club project but did not otherwise affect PGA West. Page 1 of 73 V 2 p 7 {00033855 DOC; I) O A proposed fifth amendment was submitted but never completed. A Plot Plan approval was granted for a 1,000-room, six -story hotel facility site (Plot Plan 89-413) on June 27, 1989, which, again, was to be located on the Project site. The approval, extended twice, was determined to have expired on June 27, 1994. However, the existing General Plan and Specific Plan show a hotel/commercial use for the 42-acre Project site. Applicant now proposes Amendment No. 6 to the Specific Plan for the development of a 290-unit residential condominium project with recreational amenities, including a clubhouse building and common pools, as explained above. City Staff has worked with the EIR consultant, and other outside expert consultants, to ensure that the Subsequent EIR discloses and analyzes all of the Project's potentially significant adverse environmental effects, as well as mitigation measures and Project alternatives that may reduce or avoid these effects to the maximum extent feasible. The Findings and Statement of Overriding Considerations set forth below (the "Findings") are made by the City as its findings for the Project under the California Environmental Quality Act ("CEQA") (Public Resources Code section 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, section •15000, et seq.). These Findings provide the written analysis and conclusions of the City regarding the Project's environmental impacts, mitigation measures, alternatives to the Project, and the overriding considerations which, in the City's view, justify approval of the Project, despite the Project's significant environmental effects. II. General Findings and Overview. A. The Eden Rock at PGA West Project. The proposed Specific Plan area is located in La Quinta, approximately 105 miles east of the City of Los Angeles and the Pacific Coast and approximately 240 miles west of the Phoenix/Scottsdale metropolitan region (the "Specific Plan Area"). Access to the Specific Plan Area is provided via the Interstate 10 Freeway from the existing Jefferson Street interchange. The Project as originally submitted contemplates the construction of 290 total residential dwelling units, in three different types multi 0 family units. Specifically, (i) 79 manor homes in 27 buildings, with each building including 2 attached townhomes and 1 penthouse unit; (ii) 83 courtyard homes, located in two 0 story duplex buildings, with each court yard consisting of approximately four units and one, individual stand El alone unit; and (iii) 128 village condominium homes, located in 8 buildings, each of which will contain 16 units. Finally, the Project will include a 7,122 El square El foot clubhouse/recreation center. Originally, the Project application was for 320 units. Based upon input from neighbors and City Staff, the Applicant reduced the unit count to 310 homes. The number of homes was again reduced to 290 unit, prior to circulation of the Draft Subsequent EIR. Finally, prior to the Planning Commission hearing, the Applicant removed two additional units to provide one-story Manor Homes and adjacent to existing residential duplex units at the northwest corner of the Project site. Page 2 of 73 4 2 g J {00033855.DOC; I} A series of approvals from the City would be necessary for implementation of the proposed Project. Discretionary approvals may include, but are not limited to, the following: • General Plan Amendment 200611107: to amend the La Quinta General Plan Land Use Element from Tourist Commercial (TC) to Resort Mixed Use (RMU) on the 41.950acre Project Site; • Zone Change 200611127: to amend the La Quinta Zoning Map, from Tourist Commercial (CT) to Tourist Commercial/Residential Specific Plan (CT/RSP), on the 41.950acre Project Site; • Specific Plan 830002, Amendment No. 6: Amending the PGA West Specific Plan to implement development principles and guidelines for a 2900unit residential condominium Project with a clubhouse building and common pools, on the Project Site; • Tentative Tract Map 33226: A subdivision of 41.95 acres into 97 residential lots, a 1.35 0 acre community center lot, and other common area lots; • Site Development Permit 20060852: for site plan and building design approval of 290 one, two, and three0story condominium units on 41.95 acres, a 7,122 0 square[] foot recreation building with a 320foot by 720foot common pool, and private entry gatehouse; and • Development Agreement 20060011: an agreement relating to the Applicant's development of the Project subject to any limitations and exceptions therein or in any related approvals or future discretionary actions as specified in the agreement, and implementing a funding mechanism ensuring payment to the City of La Quinta to financially offset the potential loss in City revenues that may result from the conversion of the original hotel/resort site to residential uses. The Planning Commission reviewed the Eden Rock project on January 8, 2008, and recommended City Council approval, subject to conditions, by a 3-1 vote. There were several residents who presented opposing testimony on the project,. Subsequent to the Planning Commission recommendation, the applicant has revised the project to address the majority of issues raised and considered during the January 8 2008 public hearing. The revisions focus on the Village units at the center of the project, and consist of the following: • Reduction in the total unit count, from 290 to 264, by a reduction in the Village unit count, from 128 to 102 • Reduction in Village unit height from 3-story (33.5 feet), to 2-story (29.5 feet) • Revision in unit size range, previously 1,090 to 2,464 s.f.; now 1,476 to 2.100 s.f. • Elimination of the Garden House recreation facility, and the associated 43.5-foot high clock tower Page 3 of 73 {00033855.DOC; I} • G • In lieu of the Garden House, two common pools are provided, at the west and east ends of the Village area, each with a small pool house changing structure, and accessory shade structures. No changes were made to the site plan or architecture relative to the Courtyard and Manor units, as originally presented to the Planning Commission. City staff determined the proposed changes to the project do not require review by the Planning Commission, as they are based on discussion and recommendations made by the Planning Commission at its January 8 meeting. In addition, the proposed changes include components of the alternatives as discussed in the Draft SEIR prepared for the project, such as reductions in the number of units and building height. City staff has also reviewed the changes made to the project in context of the Draft SEIR and, pursuant to 15088.5 of the CEQA Guidelines, it has been determined that recirculation of the Draft SEIR is not required. The project changes would contribute to an overall reduction in potential project impacts, and are similar to the alternatives that are analyzed in the Draft SEIR B. Description of the Environmental Impact Report. The City distributed a Notice of Preparation and Initial Study ("NOP") to local, state and federal agencies, and to interested organizations and individuals, for a 30-day comment period from June 11, 2007 to July 12, 2007. The NOP, and the comment letters received on the NOP, can be found in Appendix 1 of the Subsequent Draft EIR. Based on the preliminary review conducted by the City and responses to the NOP, the City found that the Project could have potential environmental effects, including effects on the following: Aesthetics; Air Quality; Cultural Resources; Hydrology and Water Quality; Land Use and Planning; Noise; Public Services; Transportation and Traffic; and Public Utilities. In accordance with CEQA, the City determined the Project raised potentially significant concerns, and determined that a subsequent environmental impact report should be prepared. In November of 2007, the City prepared and released for public review the Draft Subsequent EIR. The Draft Subsequent FIR circulated for a 45-day public review period from November 16, 2007 to January 2, 2008. The City prepared written responses to the comments received during the public comment period and included those responses in the Project's Final Subsequent EIR (the "FSEIR"). The FSEIR for the Project consists of (i) an introduction; (ii) a project description; (iii) the City's responses to comments; (iv) changes to the Draft Subsequent EIR; (v) a list of the prepares of the FSEIR; and (vi) the Draft Subsequent FIR and all appendices thereto. A copy of the FSEIR was made available for public review and provided to all public agencies commenting on the Draft Subsequent FIR at least 10 days prior to certification. C. Record of Proceedings and Custodian of Record. For purposes of CEQA and for the Findings set forth herein, the record of proceedings for the City's Findings and determinations consists of the following documents and testimony, at a minimum: Page 4 of 73 100033855.DOC, 1 } 6 290 • The City's General Plan, as amended, and all environmental documents relating thereto; • The PGA West Specific Plan; • The 1983 Traffic Impact Report for PGA West (SP 83-002), including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • The 1984 Draft EIR for PGA West, Specific Plan 83-002, SCH No. 83062922, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • The 1984 Final EIR for PGA West, Specific Plan 83-002, SCH No. 83062922, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • Amendment No. 1 to Specific Plan 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • Environmental Assessment/Environmental Checklist Form for Amendment No. 1 to SP 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • The Supplemental Traffic Study for PGA West prepared in connection with Amendment No. 1 to SP 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • The Final Supplemental Traffic Study for Amendment No. 1 to SP 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • Amendment No. 2 to Specific Plan 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • City of La Quinta Environmental Information Form for Specific Plan 83-002, Amendment No. 2, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • Amendment No. 3 to Specific Plan 83-003, including all Appendices thereto, all environmental review documents prepared therefor, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; Page 5 of 73 [00033855 DOC; 1} 4 2 Q • Amendment No. 4 to Specific Plan 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • Addendum to Environmental Impact Report for Amendment No. 4 to Specific Plan 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • The Draft Subsequent EIR for Amendment No. 6 to Specific Plan 83-002, including all Appendices thereto and all supporting materials referenced therein; • The Final Subsequent EIR for Amendment No. 6 to Specific Plan 83-002, including all comments on the Draft Subsequent EIR, all responses thereto, and all supporting materials referenced therein; • All testimony and written comments received at any public hearing relating to the Project, including the January 8, 2008 City Planning Commission hearing, and the April 1, 2008 City Council hearing; • All reports of the City relating to the Project, including reports submitted to the City by expert consultants, and all supporting materials referenced therein; • All financial feasibility data, memoranda, and reports submitted by the Applicant; • These Findings made by the City and the Mitigation Monitoring and Reporting Program ("MMRP") adopted by the City for the Project; • All final City Staff reports relating to the Draft Subsequent EIR, the Final Subsequent EIR and/or the Project; • All other public reports, documents, studies, memoranda, maps, or other planning documents relating to the Project, the Draft Subsequent EIR or the Final Subsequent EIR, prepared by or submitted to the City, consultants to the City, or responsible or trustee agencies; and • All matters of common knowledge to the City, including but not limited to the City's policies, guidelines and regulations. The documents described above, comprising the record of proceedings, are located in the City of La Quinta Planning Department, located at 78-495 Calle Tampico, La Quinta, California 92253. D. Consideration of the Environmental Impact Report. Page 6 of 73 100033855.DOC; 1 } a 292 In adopting these Findings, the City finds that the Final Subsequent FIR (including the Draft Subsequent EIR) was presented to the City Council, which reviewed and considered the information in the Final Subsequent EIR prior to making its decision on the Project. The City further finds that the Final Subsequent EIR has been completed in compliance with the requirements of CEQA and its Guidelines. By these Findings, the City ratifies, adopts and incorporates the analysis, explanation, findings, responses to comments and conclusions of the Final Subsequent EIR. In addition, the Mitigation Monitoring and Reporting Program, and the mitigation measures specified therein, are hereby approved and adopted, and shall be fully enforceable through permit conditions, agreements or other measures. The Final Subsequent EIR and these Findings represent the independent judgment and analysis of the City Council. E. Severability. If any term, provision or portion of these Findings or the application of these Findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City. III. Findings and Recommendations Regarding Significant and Unavoidable Impacts. F. Air Quality 1. Temporary, Localized Air Quality Impacts During Construction (PMIo and PM2.5) (a) Potential Impact. The Project's potential temporary and localized air quality impacts, resulting from the Project's construction, are discussed in the Draft Subsequent EIR at pages 5.0-33 through 5.0-35. During the Project's construction, it is anticipated that the maximum 24-hour PMIo and PM2.5 concentration thresholds, provided by the Southern California Air Quality Management District (SCAQMD), will be exceeded. If these projections are indeed accurate, the Project's construction may create a temporary and localized significant impact. The increase in concentrations of PMIo and PM2,5 are anticipated to remain significant, Project -specific impacts, even with the implementation of the following mitigation measures. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant air quality impacts by the following mitigation measures, as described in the Draft Subsequent EIR as MM-AQ-I through MM- AQ-11, which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. I. 5.001 -- The Developer shall prepare a Construction Traffic Emission Management Plan to minimize emissions from vehicles including, but not limited to, scheduling truck deliveries to avoid peak hour traffic conditions, consolidating truck deliveries, and prohibiting Page 7 of 73 100033855.DOC; 1} 0 293 truck idling in excess of 5 minutes. 2. 5.002 -- The Contractor shall ensure that the use of all construction equipment is suspended during first[] stage smog alerts. 3. 5.0113 -- The Contractor shall install wind monitoring equipment on site, to the extent feasible, and suspend grading activities when wind speeds exceed 25 mph per SCAQMD guidelines. 4. 5.004 -- The Contractor shall maintain construction equipment by conducting regular tuneOups according to the manufacturers' recommendations. 5. 5.005 -- The Contractor shall recommend the use of electric welders to avoid emissions from gas or diesel welders to the extent feasible. 6. 5.0116 -- The Contractor shall recommend the use of onOsite electricity or alternative fuels rather than dieselOpowered or gasoline Opowered generators to the extent feasible. 7. 5.007 -- The Contractor shall ensure that traffic speeds on all unpaved Project site areas are reduced to 15 miles per hour or less. 8. 5.008 -- The Contractor shall ensure that all unpaved roads and disturbed areas within the Project site are watered at least three times daily during dry weather. 9. 5.0119 -- The Contractor shall limit the maximum speed on all unpaved roads to 15 miles per hour. 10. 5.0010 -- The Contractor shall plant vegetative ground cover in disturbed areas as soon as possible. 11. 5.0011 -- The Contractor shall comply with the La Quinta Municipal Code, Chapter 6.16 (Fugitive Dust Control), including the preparation of a fugitive dust control plan pursuant to the provisions of the Coachella Valley Fugitive Dust Control Handbook. 12. 5.0012 -- Require compliance with Chapter 6.16 (Fugitive Dust) of the La Quinta Municipal Code, including preparation of PM control plan. (c) Findings. Effects of Mitigation. The Project's potential temporary and Page 8 of 73 n {00033655.DOC, I} a J localized air quality impacts, resulting from the Project's construction, will be substantially lessened, to the maximum extent feasible, through the implementation of the mitigation measures described above, because those mitigation measures will reduce the production of particulates, including PM10 and PM2.5. 2. Remaining Impacts. Notwithstanding the foregoing, the implementation of the mitigation measures described above will not be sufficient to reduce all temporary and localized air quality impacts to less - than -significant levels. Even with the implementation of all feasible mitigation measures, the Project will continue to cause these significant and unavoidable temporary, localized air quality impacts. The significant and unavoidable temporary, localized air quality impacts would be avoided under the No Project Alternative, and would be slightly reduced under the two reduced density alternatives discussed in the Draft Subsequent EIR and Final Subsequent EIR (Alternatives 3 and 4). While the No Project Alternative would avoid this impact because there would be no grading or construction activity that would generate fugitive dust, the two reduced density alternatives would only result in slight decreases in PM10 and PM2.5 impacts because the site grading activities that generate fugitive dust would be substantially the same for the proposed Project and for the reduced density alternatives. Accordingly, neither of the reduced density alternatives would reduce these impacts to less -than -significant levels. Further, the Draft Subsequent EIR identifies no other mitigation measures or alternatives that would reduce these impacts to less than significant levels. The City finds that specific economic, legal, social, technological or other considerations make infeasible the only mitigation measures or project alternatives identified in the Draft Subsequent EIR, if any, that would reduce these impacts to less -than -significant levels, as described more fully in the Draft Subsequent EIR, Section VI of these Findings, and the Statement of Overriding Considerations. In particular, the City finds that Alternative 1 (No Project) is economically infeasible and fails to achieve any of the basic objectives of the Project, as those objectives are set forth in Sections 1.0 and 3.0 of the Draft Subsequent EIR, including to provide a broad range of housing types and choices for all residents of the City. Furthermore, the City finds that Alternative 4 (reduction of 123 homes) and Alternative 3 (reduction of 27 Manor Homes) would not meet the project objectives as effectively as the proposed Project, and that given only slight improvement in construction -related air quality impacts would be achieved under these Alternatives, at best, the benefits of the proposed Project substantially outweigh any such slight reduction in construction - related air quality impacts. Page 9 of 73 4 295 {00033855.DOC; 1} Finally, the City finds that all three alternatives described above are financially infeasible, based upon the financial information provided by the Applicant. As explained in more detail in the February 8, 2008 Memorandum submitted to the City by the Applicant, Alternative 3 (reduction of 27 Manor Homes) reduces the project revenue without a corresponding level of reduction in project costs, thus reducing the projected profits to a level insufficient to justify the cost and risk of proceeding with the Project. Likewise, Alternative 4 (reduction of 123 homes) also substantially reduces the projected revenue. In fact, given the additional time that would be required to redesign the project, and given the slower projected absorption rate for detached single family homes, the costs under this alternative actually increase, while the revenues decrease, resulting in a projected loss of several million dollars. In short, the City finds that the No Project Alternative and both reduced density alternatives (Alternatives 3 and 4) are financially infeasible to develop, particularly given the risks and uncertainties in the current residential real estate market, and the City rejects these alternatives as unacceptable on that basis. 3. Overriding Considerations. Any remaining significant temporary, air quality impacts are determined to be acceptable because they are substantially outweighed by the overriding social, economic, environmental and other benefits of the Project, as more fully set forth in the Statement of Overriding Considerations, which is incorporated herein by this reference. 2. Cumulative, Temporary, Air Quality Impacts During Construction (PM10 and PM2.5) (a) Potential Impact. The Project's potential cumulative, temporary and localized air quality impacts, resulting from the Project's construction, are discussed in Draft Subsequent EIR at pages 5.0-42 through 5.0-45. During the Project's construction, it is anticipated that the maximum 24-hour PM10 and PM2.5 concentration thresholds, provided by the Southern California Air Quality Management District (SCAQMD), will be exceeded. If these projections are indeed accurate, and because the basin in which the Project is situated is designated as a nonattainment zone for PM10 and PM2.5, the Project's construction may contribute to temporary significant cumulative impacts. The increase in concentrations of PM10 and PM2.5 are anticipated to remain cumulatively considerable -- and potentially significant -- impacts, even with the implementation of the mitigation measures mentioned below and provided in Section III.F.I(b). (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant cumulative impacts by mitigation measures 5.001 through 5.01112, which are set forth above in Section III.F.1(b), and which are Page 10 of 73 {00033855.DOC; l} 295 also described in the Draft Subsequent EIR as MM-AQ-1 through MM-AQ-11, which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. (c) Findings. 1. Effects of Mitigation. The Project's potential, temporary cumulative air quality impacts, resulting from the Project's construction, will be substantially lessened, to the maximum extent feasible, through the implementation of the mitigation measures mentioned above, because those mitigation measures will reduce the production of particulates, including PMIo and PM2.5, that would contribute to this cumulative impact. 2. Remaining Impacts. Notwithstanding the foregoing, the implementation of the mitigation measures described above will not be sufficient to reduce all temporary, cumulative air quality impacts to less - than -significant levels. Even with the implementation of all feasible mitigation measures, the Project will continue to cause these significant and unavoidable temporary, cumulative air quality impacts. The Project's contribution to the significant and unavoidable temporary, cumulative air quality impacts would be avoided under the No Project Alternative, and would be slightly reduced under the two reduced density alternatives discussed in the Draft Subsequent EIR and Final Subsequent EIR (Alternatives 3 and 4). While the No Project Alternative would avoid any contribution to this impact because there would be no grading or construction activity that would generate fugitive dust, the two reduced density alternatives would only result in slight decreases in PMIo and because PM2.5 impacts because the site grading activities that generate fugitive dust would be substantially the same as for the proposed Project and for these two Alternatives. Accordingly, neither of the reduced density alternatives would reduce these impacts to less -than -significant levels. Further, the Draft Subsequent EIR identifies no other mitigation measures or alternatives that would reduce these impacts to less than significant levels. The City finds that specific economic, legal, social, technological or other considerations make infeasible the only mitigation measures or project alternatives identified in the Draft Subsequent EIR, if any, that would reduce these impacts to less -than -significant levels, as described more fully in the Draft Subsequent EIR, Section VI of these Findings, and the Statement of Overriding Considerations. In particular, the City finds that Alternative 1 (No Project) is economically infeasible and fails to achieve any of the basic objectives of the Project, as those objectives are set forth in Sections 1.0 and 3.0 of the Draft Subsequent EIR, including to Page 11 of 73 {00033855.DOC; 1 } 2 g 7 provide a broad range of housing types and choices for all residents of the City. Furthermore, the City finds that Alternative 4 (reduction of 123 homes) and Alternative 3 (reduction of 27 Manor Homes) would not meet the project objectives as effectively as the proposed Project, and that given only slight improvements in construction -related air quality impacts would be achieved under these Alternatives, at best, the benefits of the proposed Project substantially outweigh any such slight reduction in construction - related air quality impacts. Finally, the City finds that all three alternatives described above are financially infeasible, based upon the financial information provided by the Applicant. As explained in more detail in the February 8, 2008 Memorandum submitted to the City by the Applicant, Alternative 3 (reduction of 27 Manor Homes) reduces the project revenue without a corresponding level of reduction in project costs, thus reducing the projected profits to a level insufficient to justify the cost and risk of proceeding with the Project. Likewise, Alternative 4 (reduction of 123 homes) also substantially reduces the projected revenue. In fact, given the additional time that would be required to redesign the project, and given the slower projected absorption rate for detached single family homes, the costs under this alternative actually increase, while the revenues decrease, resulting in a projected loss of several million dollars. In short, the City finds that the No Project Alternative and both reduced density alternatives (Alternatives 3 and 4) are financially infeasible to develop, particularly given the risks and uncertainties in the current residential real estate market, and the City rejects these alternatives as unacceptable on that basis. 3. Overriding Considerations. Any remaining significant temporary, cumulative air quality impacts are determined to be acceptable because they are substantially outweighed by the overriding social, economic, environmental and other benefits of the Project, as more fully set forth in the Statement of Overriding Considerations, which is incorporated herein by this reference. G. Transportation Parking and Circulation 1. Cumulative Traffic Impacts (a) Potential Impact. The Project's potential, cumulative traffic impacts, resulting from the Project's implementation, are discussed in Draft Subsequent EIR at pages 11.0-24 through 11.0-31. Specifically, the Draft Subsequent EIR analyzes Post General Plan without Project (2020) traffic conditions (cumulative without Project traffic condition) at the following six intersections during the weekday AM and PM peak hours: (i) Washington Street and Avenue 50; (ii) Jefferson Street and Avenue 50; (iii) Jefferson Street and Avenue 54; (iv) PGA 29.3 {O(H133855.DOC, l} Page 12 of 73 � Boulevard and Westerly Project Access; (v) Southerly Project Access and PGA Boulevard; and (vi) Madison Street and Avenue 54. The intersections at (a) Washington Street and Avenue 50; (b) Jefferson Street and Avenue 50; (c) Jefferson Street and Avenue 54; and (d) Madison Street and Avenue 54 were projected to operate at unacceptable levels of service during peak hours for the cumulative without Project traffic conditions. The intersections at PGA Boulevard and Westerly Project Access and Southerly Project Access and PGA Boulevard would be constructed as part of the Project and, therefore, are not part of the existing without Project condition. The Draft Subsequent EIR also analyzed Post General Plan with Project (2020) traffic conditions (cumulative with Project traffic conditions) during the weekday AM and PM peak hours at the same six intersections. To assess the cumulative with Project traffic condition, Project traffic was added to cumulative without Project traffic. The Post 2020 General Plan traffic volumes already assume traffic generated by the existing General Plan Project site designation as a hotel, resort land use, and as a result, the traffic study and the Draft Subsequent EIR analysis are conservative, in that no reduction of trips was taken into account with the proposed residential development (as opposed to that of the existing planned hotel use). Therefore the traffic study and analysis in the Draft Subsequent EIR assume a worst case scenario. Significant cumulative impacts would occur at the following study area intersections during peak hours for cumulative with Project traffic conditions: (i) Washington Street and Avenue 50 during the P.M. peak hour; (ii) Jefferson Street and Avenue 50 during the P.M. peak hour; and (iii) Jefferson Street and Avenue 54 during both (A.M. and P.M.) peak hours. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant cumulative traffic impacts by the following mitigation measures, as described in the Draft Subsequent EIR, which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. 1. 11.0❑ 1 -- Jefferson Street at Avenue 54: Prior to issuance of the first Project building permit, Project shall pay $125,000 (25%) toward traffic signal at Avenue 54 and Jefferson Street. If City has not commenced installation of said signal prior to the first Project building permit, Project shall install traffic sign prior to first Certificate of Occupancy, with credit for 75% of total cost applied against the traffic component of the City DIF as building permits are issued. 2. 11.0112 -- Washington Street at Avenue 50: The Project applicant shall contribute its fair[] share toward the cost of the following intersection improvements pursuant to the Development Impact Fee program established by the City of La Quinta -- Washington Street at Avenue 50: Construction of a third northbound through lane, a second southbound Page 13 of 73 {00033855.DOC; l} 4 299 left0turn lane, a southbound right0tum lane with right0tum overlap phase, second eastbound left0tum lane, a second eastbound through lane, a second westbound through lane, and a westbound rightOtum overlap phase. 3. 11.003 -- Jefferson Street at Avenue 50: The Project applicant shall contribute its fair El share toward the cost of the following intersection improvements pursuant to the Development Impact Fee program established by the City of La Quinta -- Jefferson Street at Avenue 50: Construction of a second southbound leftLitum lane, a second eastbound leftOturn lane, and a second westbound through lane. (b) Findings. 2. Effects of Mitigation. The Project's potential, cumulative traffic impacts, resulting from the Project's implementation, will be substantially lessened, to the maximum extent feasible, through the implementation of the mitigation measures mentioned above, because those mitigation measures will require the Applicant to pay its fair -share of the traffic improvements needed to accommodate cumulative increases in traffic, thereby alleviating traffic congestion attributable to the Project. It should be noted that, as discussed below in Section IV, with the implementation of Mitigation Measure 11.0-1, the Project's contribution to the significant cumulative traffic impacts at the intersection of Jefferson Street at Avenue 54 would be reduced to less than significant levels. With regards to the remaining two intersections that are expected to experience significant, cumulative traffic impacts (i.e., the intersections at Washington Street and Avenue 50 and Jefferson Street and Avenue 50), the proposed Project shall contribute its fairLishare towards the cost of the necessary improvements through the Development Impact Fee program established by the City. In doing so, those impacts will also be reduced to a less -than -significant level. However, the timing for collection of the remaining funds needed to construct these improvements, and the actual construction of these improvements, cannot be determined with certainty at this time. If the necessary improvements are fully funded and constructed in a timely manner, the Project applicant's payment of the DIF shall reduce the cumulative, significant impacts at the intersections at Washington Street and Avenue 50 and Jefferson Street and Avenue 50 to a less -than -significant level. While these impacts are capable of mitigation to a less -than -significant level, out of an abundance of caution, they have been identified in this Section III as significant and unavoidable, because the City cannot be reasonably certain that the necessary improvements will actually be constructed at the time the traffic increases occur. Therefore, significant cumulative impacts to these intersections may result if the City Page 14 of 73 {00033855.DOC; 1} • 300 is not able to collect the additional funds required to construct these improvements when required to provide the capacity needed to accommodate projected cumulative traffic volumes. 3. Remaining Impacts. As explained above, while these impacts are capable of mitigation to a less -than -significant level, out of an abundance of caution, they have been identified in this Section III as significant and unavoidable, because the mitigation measures cannot now be implemented. Significant cumulative impacts to these intersections may result if the City is not able to collect the additional funds required to construct these improvements when required to provide the capacity needed to accommodate projected cumulative traffic volumes. These significant and unavoidable cumulative traffic impacts would be avoided under the No Project Alternative. However, as explained above, the intersections at (a) Washington Street and Avenue 50; (b) Jefferson Street and Avenue 50; (c) Jefferson Street and Avenue 54; and (d) Madison Street and Avenue 54 are already projected to operate at unacceptable levels of service during peak hours even if the Project were not implemented. Under the No Project Alternative, no additional fees would be generated from the Project to fund the necessary improvements. As explained below in Section VI, Alternative 3 would result in 158 fewer daily trips than the Project and, as a result, would result in less traffic when compared to the Project. Nevertheless, while the reduction of 158 trips would reduce the impact to Project area intersections by about 9 percent, Alternative 3 would still result in a significant cumulative traffic impact and would generate less fees to the City to fund the necessary improvements. Therefore, Alternative 3 would not avoid or substantially lessen this significant cumulative traffic impact. Also as explained below in Section VI, Alternative 4 would result in 113 fewer daily trips than the Project and, as a result, would result in less traffic when compared to the Project. Nevertheless, while the reduction of 113 trips would reduce the impacts to Project area intersections, Alternative 4 would still result in a significant cumulative traffic impacts and would generate less fees to the City to fund the necessary improvements. Therefore, Alternative 4 would not avoid or substantially lessen significant cumulative traffic impacts. Further, the Draft Subsequent EIR identifies no other mitigation measures or alternatives that would otherwise reduce these impacts to less than significant levels. The City finds that specific economic, legal, social, technological or other considerations make infeasible the only mitigation measures or project alternatives identified in the Draft Subsequent EIR, if any, that would reduce these impacts to less -than -significant levels, as described Page 15 of 73 301 100033855.DOC; I) a more fully in the Draft Subsequent EIR and Sections VI of these Findings. In particular, the City finds that Alternatives 1 (No Project) is economically infeasible and fails to achieve any of the basic objectives of the Project, as those objectives are set forth in Sections 1.0 and 3.0 of the Draft Subsequent EIR, including the object to provide a broad range of housing types and choices for all residents of the City. Furthermore, the City finds that Alternative 4 (reduction of 123 homes) and Alternative 3 (reduction of 27 Manor Homes) would not meet the project objectives as effectively as the proposed Project, and that given only slight reductions in vehicle trip generation would be achieved under these Alternatives, the benefits of the proposed Project substantially outweigh any such slight reduction in vehicle trips. Finally, the City finds that all three alternatives described above are financially infeasible, based upon the financial information provided by the Applicant. As explained in more detail in the February 8, 2008 Memorandum submitted to the City by the Applicant, Alternative 3 (reduction of 27 Manor Homes) reduces the project revenue without a corresponding level of reduction in project costs, thus reducing the projected profits to a level insufficient to justify the cost and risk of proceeding with the Project. Likewise, Alternative 4 (reduction of 123 homes) also substantially reduces the projected revenue. In fact, given the additional time that would be required to redesign the project, and given the slower projected absorption rate for single family homes, the costs under this alternative actually increase, while the revenues decrease, resulting in a projected loss of several million dollars. In short, the City finds that the No Project Alternative and both reduced density alternatives (Alternatives 3 and 4) are financially infeasible to develop, particularly given the risks and uncertainties in the current residential real estate market, and the City rejects these alternatives as unacceptable on that basis. 4. Overriding Considerations. Any remaining significant Project - specific cumulative traffic impacts are determined to be acceptable because they are substantially outweighed by the overriding social, economic, environmental and other benefits of the Project, as more fully set forth in the Statement of Overriding Considerations, which is incorporated herein by this reference. IV. Findings and Recommendations Regarding Significant Impacts and Potentially Significant Impacts which are Avoided or Mitigated to a Less -Than -Significant Level. A. Air Quality 1. Short -Term Construction Impacts. Page 16 of 73 302 100033855.DOC; 11 ' (a) Potential Impact. The Project's potentially significant impacts to air quality, resulting from the Project's construction, are discussed in the Draft Subsequent EIR at pages 5.0-33 through 5.0-36. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts by mitigation measures 5.001 through 5.0012, which are set forth above in Section III.A.l(b) (and also in Draft SEIR as MM-AQ-1 through MM-AQ-11), and which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant construction impacts to air quality (other than those listed in Section III.A.1), will be substantially lessened to a level of less than significant through implementation of the mitigation measures mentioned above, because those measures will substantially reduce the fugitive dust and construction emissions that could occur as a result of the Project's construction. 2. Remaining Impacts. Any remaining air quality impacts resulting from the Project's construction (other than those listed in Section III.A.1), will be less than significant. 2. Cumulative Air Quality Impacts (a) The Project's potentially significant cumulative impacts to air quality, resulting from the Project's construction, are discussed in the Draft Subsequent EIR at pages 5.0-42 through 5.0-45. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant cumulative impacts by mitigation measures 5.001 through 5.0012, which are set forth above in Section III.A.I(b) (and also in the Draft Subsequent EIR as MM-AQ-1 through MM-AQ-11), and which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen this significant environmental effect as identified in the Draft Subsequent EIR: Page 17 of 73 {00033855.DOC; 1} 303 0 1. Effects of Mitigation. The Project's potentially significant cumulative impacts to air quality resulting from the Project's construction, other than those listed in Section III.A.2, will be substantially lessened to a level of less than significant through implementation of the mitigation measure mentioned above, because those measures will substantially reduce the amount of fugitive dust and construction emissions, which could occur as a result of the Project's construction, thus reducing this cumulative impact. 2. Remaining Impacts. Any remaining cumulative air quality impacts resulting from the Project's construction — other than those listed in Section III.A.2 — will be less than significant. B. Cultural Resources 1. Historical Resources (a) The Project's potentially significant impacts to historical resources are discussed in the Draft Subsequent EIR at pages 6.0-4 through 6.0-8. Although the Phase I Assessment found no significant historical resources, it remains possible that such resources could be uncovered during grading and the ground -disturbing activity. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts by the following mitigation measures, which are also described in the Draft Subsequent EIR, and which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. I. 6.0111 -- The site shall be monitored during on❑ and offosite trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of the first earth[] moving or clearing permit. The monitor shall be empowered to temporarily halt or divert equipment to allow for notification to and analysis by the City's Planning Director. If prehistoric resources are discovered during monitoring or the subsequent construction phase, the Planning Department shall be notified immediately. 2. 6.0112 -- Collected archaeological resources shall be properly packaged for long term curation, in polyethylene selfElseal bags, vials, or film cans as appropriate, all within acidOfree, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. Page 18 of 73 100033855 DOC; I } 1 301 3. 6.003 -- The final report on the monitoring shall be submitted to the Planning Department prior to the issuance of the first Certificate of Occupancy for the Project. 4. 6.004 -- A Ramona Band tribal monitor shall be included within the monitoring crew and a meeting to discuss the disposition of any and all archaeological resources discovered and/or collected during monitoring or construction of the Project. The developer/property owner shall enter into a prellexcavation agreement with the Ramona Band of Cahuilla Indians and the City of La Quinta, which addresses inadvertent discoveries of cultural resources and the disposition of cultural resources found during the development of the Project. 5. 6.0115 -- Any earth moving activity in Holocene0age lakebed required for the proposed Project shall be monitored by a qualified paleontologist. The paleontologist shall be empowered to redirect or halt earth moving activities if required to identify and remove resources. The monitor shall also be equipped to quickly remove resources if found. The monitor shall submit, within 30 days of completion of earth moving activities, a report of findings to the Planning Department for its review and approval. 6. 6.0116 -- Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. 7. 6.007 -- A report of findings with an appended itemized inventory of specimens shall be submitted to the City Planning Department prior to the first Certificate of Occupancy for the Project. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 8. 6.008 -- In the event that human remains are encountered within the Project area, the following actions shall be immediately taken upon the discovery: • Stop work immediately and contact the County Coroner. • The Coroner has two working days to examine human remains after being notified by the responsible person. If the remains are Page 19 of 73 {00033855.DOC; 1} • 305 Native American, the Coroner has 24 hours to notify the NAHC. • The NAHC will immediately notify the person it believes to be the most likely descendent of the deceased Native American. • The most likely descendent has 24 hours to make recommendations to the owner, or representative, for the treatment or disposition, with proper dignity, of the human remains and grave goods. • If the owner does not accept the descendant's recommendations, the owner or the descendent may request mediation by the NAHC. • If the descendent does not make recommendations within 24 hours, the owner shall keep the remains in an area of the property secure from further disturbance. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant impacts to historical resources will be substantially lessened to a level of less than significant through implementation of the mitigation measures mentioned above, because those measures provide for careful monitoring of such resources during grading and construction activities, and provide for specific actions in the event of an unexpected discovery of historical resources. 2. Remaining Impacts. Any remaining impacts to historical resources will be less than significant. 2. Archeological Resources (a) The Project's potentially significant impacts to archeological resources are discussed in the Draft Subsequent EIR at pages 6.0-1 through 6.0-8. Although the Phase I assessment found no significant archeological resources, it remains possible that such resources could be uncovered during grading and other ground - disturbing activity. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts by mitigation measures 6.0-1 through 6.0-8, which are provided above in Section IV.B.1(b) (and also in the Draft Subsequent EIR), which are hereby adopted and will be implemented by the Mitigation Page 20 of 73 O {00033855.MC; 1} Monitoring/Reporting Program. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant impacts to archeological resources will be substantially lessened to a level of less than significant through implementation of the mitigation measures mentioned above, because those measures provide for careful monitoring of such resources during grading and construction activities, and provide for specific actions in the event of an unexpected discovery of archeological resources. 2. Remaining Impacts. Any remaining impacts to archeological resources will be less than significant. 3. . Paleontological Resources (a) The Project's potentially significant impacts to paleontological resources are discussed in the Draft Subsequent EIR at pages 6.0-1 through 6.0-8. In particular, the Project site is considered to be in an area of high paleontological sensitivity. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts by mitigation measures 6.0-1 through 6.0-8, which are provided above in Section IV.B.1(b) (and also described in the Draft Subsequent EIR), which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. (c) Findings. Based upon the Draft Subsequent FIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant impacts to paleontological resources will be substantially lessened to a level of less than significant through implementation of the mitigation measures mentioned above, because those measures provide for careful monitoring of such resources during grading and construction activities, and provide for specific actions in the event of an unexpected discovery of paleontological resources. 307 Page 21 of 73 100033855.DOC; 1) C. Noise 2. Remaining Impacts. Any remaining impacts to paleontological resources will be less than significant. 1. Cumulative Noise Impacts (a) The Project's potentially significant cumulative noise impacts are discussed in the Draft Subsequent EIR at pages 9.0-23 through 9.0-26. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts by the following mitigation measures, which are also described in the Draft Subsequent EIR, and which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. 1. 9.001 -- Excavation, grading, and other construction activities related to construction of land uses contained in the proposed Project shall be restricted to daytime hours only, in compliance with the City's Municipal Code requirements. 2. 9.0112 -- Stockpiling and vehicle staging areas shall be located as far away from occupied residences as possible, and screened from these uses by a solid noise attenuation barrier. 3. 9.0113 -- Operate earthmoving equipment on the construction site as far away from vibration 0 sensitive land uses as possible. 4. 9.004 -- Temporary noise barriers with a sound transmission coefficient that would attenuate noise levels at nearby residences to existing ambient levels for all construction phases shall be specified by an acoustical engineer. 5. 9.005 -- All stationary construction equipment (e.g., air compressor, generators, etc.) shall be operated as far away from noise sensitive uses as possible. If this is not possible the equipment shall be shielded with temporary sound barriers, sound aprons, or sound skins. 6. 9.006 -- Equipment used for construction of the proposed Project shall be hydraulically or electrically powered impact tools (e.g., jackhammers) wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. Where use of pneumatically powered tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used. A muffler could lower noise levels from the exhaust by up to about 10 dB(A). External jackets on the tools themselves shall be used where feasible; this could achieve a reduction of 5 dB(A). Page 22 of 73 q308 {00033855.DOC; 1} 7. 9.007 -- Quieter procedures shall be used (such as drilling rather than impact equipment) wherever feasible. The Project applicant shall require construction contractors to ensure that construction equipment is fitted with sound reduction equipment, per manufacturers' specifications. 8. 9.0118 -- Signs shall be posted prior to construction activities with contact information for residents report noise complaints. 9. 9.0119 -- Residential units and outdoor living areas shall incorporate setbacks from roadways and the construction of noise barriers suitable to assure that exterior noise levels for residential development do not exceed the amended standards. 10. 9.0010 -- Project designs, such acoustical specifications for window glass, shall be required to include measures which assure that interior noise levels for residential development do not exceed 45 CNEL. (c) Findings. Based upon the Draft Subsequent FIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen this significant environmental effect as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant cumulative noise impacts will be substantially lessened to a level of less than significant through implementation of the mitigation measures mentioned above, because those measures limit construction hours, regulate construction activities, place certain restrictions on the construction equipment to be used, and incorporate project design features that serve to reduce the Project's contribution to cumulative noise impacts. 2. Remaining Impacts. Any remaining cumulative noise impacts will be less than significant. D. Public Services 1. Impacts to Schools (a) The Project's potentially significant impacts to schools are discussed in the Draft Subsequent EIR at pages 10.3-2 through 10.3-4, and include both project -specific and cumulative increases in the demand on school facilities. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts by the following mitigation measure, which is also described in the Draft Subsequent EIR, and which is hereby adopted and Page 23 of 73 4 309 {00033855.DOC; I } will be implemented by the Mitigation Monitoring/Reporting Program. 1. 10.3111 -- The project developer shall pay the school developer fees in effect at the time of development prior to zone clearance for the individual residences and other proposed structures. The fees obtained in this mitigation measure provide the maximum amount of mitigation that can be imposed by the City to mitigate significant impacts on school facilities. Under Government Code Section 65995, the payment of these fees would reduce the direct and cumulative impacts of the project to less than significant levels. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant impacts to schools will be substantially lessened to a level of less than significant through implementation of the mitigation measure mentioned above, because that measure requires the Project developer to pay the maximum amount of school impact fees allowable under Government Code Section 65995, in order to fund additional school facilities. By way of such payment, impacts to schools will be statutorily mitigated to less than significant levels. 2. Remaining Impacts. Any remaining impacts to schools will be less than significant. F. Transportation, Traffic, Parking and Circulation 1. Traffic Impacts to the Intersection of Jefferson at Avenue 54 (a) The Project's potentially significant traffic impacts to the intersection of Jefferson at Avenue 54 are discussed in the Draft Subsequent EIR at pages 11.0- 10 through 11.0-24. (b) Mitigation Measure. The Project has been modified to mitigate or avoid these potentially significant impacts by the following mitigation measure, which is also described in the Draft Subsequent EIR, and which is hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. 1. 11.001 -- Jefferson Street at Avenue 54: Prior to issuance of the first Project building permit, Project shall pay $125,000 (25%) toward traffic signal at Avenue 54 and Jefferson Street. If City has not commenced installation of said signal prior to the first Project building Page 24 of 73 100033855.DOC; t} Q_1310 permit, Project shall install traffic sign prior to first Certificate of Occupancy, with credit for 75% of total cost applied against the traffic component of the City DIF as building permits are issued. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant Project -specific traffic impacts to the intersection of Jefferson Street at Avenue 54, as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant traffic impacts to the intersection of Jefferson at Avenue 54 will be substantially lessened to a level of less than significant through implementation of the mitigation measure mentioned above, because this will ensure that the traffic signal is installed before the Project begins contributing any vehicle trips to this intersection. 2. Remaining Impacts. Any remaining traffic impacts to the intersection of Jefferson at Avenue 54 will be less than significant. 2. Cumulative Traffic Impacts -- Intersections (a) The Project's potentially significant cumulative impacts to the intersections at (i) Washington Street and Avenue 50 (P.M. Peak hour); (ii) Jefferson Street and Avenue 50 (P.M. Peak hour); and (iii) Jefferson Street and Avenue 54 (A.M. and P.M. Peak hour) are discussed in the Draft Subsequent EIR at pages 11.0-24 through 11.0-31. These impacts are also analyzed and discussed in Section III.G, above, as potentially significant and unavoidable if City -funded improvements are not in place when additional Project trips occur. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts at the above -described intersections by the following mitigation measures, which are also described in the Draft Subsequent EIR, and which is hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. 1. 11.001 -- Jefferson Street at Avenue 54: Prior to issuance of the first Project building permit, Project shall pay $125,000 (25%) toward traffic signal at Avenue 54 and Jefferson Street. If City has not commenced installation of said signal prior to the first Project building permit, Project shall install traffic sign prior to first Certificate of Occupancy, with credit for 75% of total cost applied against the traffic component of the City DIF as building permits are issued. 2. 11.002 -- Washington Street at Avenue 50: The Project applicant Page 25 of 73 {00033855.DOC; 1) 4_, 311 shall contribute its fair0 share toward the cost of the following intersection improvements through the Development Impact Fee program established by the City of La Quinta -- Washington Street at Avenue 50: Construction of a third northbound through lane, a second southbound left Elturn lane, a southbound right[Itum lane with rightilturn overlap phase, second eastbound leftDturn lane, a second eastbound through lane, a second westbound through lane, and a westbound right[iturn overlap phase. 3. II.003 -- Jefferson Street at Avenue 50: The Project applicant shall contribute its fair El share toward the cost of the following intersection improvements through the Development Impact Fee program established by the City of La Quinta -- Jefferson Street at Avenue 50: Construction of a second southbound left[Iturn lane, a second eastbound leftOturn lane, and a second westbound through lane. (c) Findings. As explained above in Section III.B, the cumulative traffic impacts to the intersections at (i) Washington Street at Avenue 50; and (ii) Jefferson Street at Avenue 50 will only be mitigated to a level of less -than - significant if and when the City funds and constructs these improvements through its DIF program. However, out of an abundance of caution, and because it is not now known if or when these improvements will be constructed, the cumulative traffic impacts to these two intersection are discussed both in this Section IV and above in Section III.G. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds _that the above described changes or alterations have been required in, or incorporated into, the Project, and if and when the City funds and constructs these improvements through its DIF program, doing so will avoid or substantially lessen the significant environmental effect as identified in the Draft Subsequent FIR: 1. Effects of Mitigation. The Project's potentially significant cumulative intersection -related traffic impacts will be substantially lessened to a level of less than significant through implementation of the mitigation measures mentioned above, if and when the City funds and constructs these improvements through its DIF program because these improvements will improve the level of service at the above -described intersections, such that any traffic impacts at those locations will be less - than -significant. 2. Remaining Impacts. Any remaining cumulative intersection - related traffic impacts will be less than significant. V. Findings and Recommendations Regarding Impacts Determined to be Less Than Significant. A. Aesthetics Page 26 of 73 100033855.DOC; 1) 312 q 1. Views. (a) Potential Impact. Implementation of the Project will result in the construction of a mix of several different types of residential dwelling units and a 7,122 square -foot clubhouse with a 33 foot high clock tower, as discussed in the Draft Subsequent EIR at pages 4.0-9 through 4.0-30 (the clock tower has been reduced from 43 feet to 33 feet, as recommended by the Planning Commission, so the tower will be no higher than the adjacent buildings). (b) Findings. There are no scenic or historic resources located on the Project site. The Project Site is not visible from any designated scenic highways. The Project's layout, and its proposed location, minimize impacts to views, and in particular, views of the Santa Rosa Mountains. Moreover, the clock tower has been reduced in height to no taller than the roollines of the Village Homes. For these reasons, and for other reasons mentioned in the Draft Subsequent FIR, any impacts to views as a result of the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for this less - than -significant impact. 2. Visual Character (a) Potential Impact. Implementation of the Project will result in the construction of a mix of several different types of residential dwelling units and a 7,122 square -foot clubhouse with a 33 foot high clock tower, as discussed in the Draft Subsequent EIR at pages 4.0-9 through 4.0-30. (b) Findings. The Project Site is currently vacant graded land. The site is surrounded on all sides by existing development. No significant native habitats occur on the site. The Project density is compatible with existing densities within PGA West. As proposed, the Project would complete the buildout of the PGA West Specific Plan as a golM oriented resort and residential development. Finally, the Project has been designed to be consistent with the visual character of the existing PGA West community. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any impacts to the visual character of the Project site and its surrounding areas are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 3. Light & Glare (a) Potential Impact. Implementation of the Project will result in the construction of a mix of several different types of residential dwelling units and a 7,122 square -foot clubhouse with a 33 foot high clock tower, as discussed in the Draft Subsequent EIR at pages 4.0-9 through 4.0-30. (b) Findings. Light is emitted by existing residential uses located near the Page 27 of 73 100033655.DOC; 1) 4 313 Project Site. Project lighting would be required to meet applicable City of La Quinta standards, including the City's Lighting "Dark Sky" Ordinance. Moreover, light and glare generated by the Project would be typical of residential neighborhoods adjacent to the Project Site. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any impacts related to light and glare resulting from the Project's implementation are considered to be less than significant. Consequently, no mitigation measures are required for this less -than - significant impact. B. Air Quality 1. Criteria Pollutants — Operations (a) Potential Impact. The Project's operational air quality impacts are discussed in the Draft Subsequent EIR at pages 5.0-36 through 5.0-42. (b) Findings. Operational emissions at the Project site would be generated by both stationary and mobile sources as a result of normal dayotoo day activities on the Project site after occupation. Stationary emissions would be generated by the consumption of natural gas for space and water heating devices. Emissions would also be generated through landscaping activities, architectural coating applications, and the use of consumer products. Mobile emissions would be generated by the motor vehicles traveling to, from, and within the Project site. These sources of emissions were taken into account, and their projected amounts were calculated using the data and methodologies identified in the SCAQMD's CEQA Air Quality Handbook and in current motor vehicle emission factors in the URBEMIS2007 Environmental Management Software. As indicated in the Draft Subsequent EIR, operational emissions associated with the complete build out and operation of the Project would not exceed SCAQMD thresholds. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, air quality impacts related to the Project's operation are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 2. Localized Carbon Monoxide Emissions — Operations (a) Potential Impact. Localized carbon monoxide ("CO") emissions resulting from the Project's operations are discussed in the Draft Subsequent EIR at pages 5.0-36 through 5.0-42. (b) Findings. The Project will not result in CO concentrations that exceed state or federal standards, an no significant CO hotspot impacts will occur to sensitive receptors. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any air quality impacts resulting from localized CO emissions from the Project's operations are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant Page 28 of 73 J00033855 DOC; 1) q 314 impact. 3. Consistency with SCAG AQMP Population Projections (Regional Attainment for Ozone) (a) Potential Impact. The Project's consistency with the Southern California Association of Governments' ("SCAG") Air Quality Management Plan ("AQMP") population projections is discussed in the Draft Subsequent EIR at pages 5.0-36 through 5.0-42. (b) Findings. The proposed Project would not exceed SCAG's 2004 projected population in the City of La Quinta. Therefore, based on the SCAG's most recent AQMP, implementation of the Project would not jeopardize the area's regional attainment plan for ozone. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any impacts related to the region's attainment for ozone, resulting from the Project's implementation, are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 4. Odors (a) Potential Impact. The Project's potential impacts to air quality, as a result of the possible production of objectionable odors, are discussed in the Draft Subsequent EIR at pages 5.0-36 through 5.0-42. (b) Findings. The proposed residential and recreational uses on the Project site will not generate objectionable odors. For this reasons, and for other reasons mentioned in the Draft Subsequent EIR, any air quality impacts related to objectionable odors from the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for this less -than - significant impact. 5. Hazardous Materials (a) Potential Impact. The Project's potential impacts to air quality, as a result of the possible presence of hazardous materials, are discussed in the Draft Subsequent EIR at pages 5.0-36 through 5.0-42. (b) Findings. The Project will not result in hazardous materials on -site, and will not be a source of toxic air contaminants regulated by the SCAQMD, state, or federal government, except as a result of normal use of household and consumer products, architectural coatings, and similar products. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any air quality impacts related to hazardous materials generated from the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. {00033855.DOC; I} Page 29 of 73 0 � 315 6. Cumulative Regional Air Quality Impacts (a) Potential Impact. The Project's potential cumulative impacts to regional air quality from the Project's operations are discussed in the Draft Subsequent EIR at pages 5.0-42 through 5.0-48. (b) Findings. The additional residents and resulting vehicle trips from the Project are consistent with SCAQMD's forecasts. In addition, the ratio of Average Daily Trips ("ADTs") for the Project compared to Riverside County as a whole, is less than the population ratio. Under the applicable SCAQMD method, the Project's incremental contribution to cumulative, regional air quality impacts is not considered cumulatively considerable. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any cumulative impacts to regional air quality resulting from the Project's implementation are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 7. Cumulative Impacts to Global Climate Change (a) Potential Impact. The Project's potential cumulative impacts to global climate change, as a result of the Project's implementation, are discussed in the Draft Subsequent EIR at pages 5.0-43 through 5.0-45. (b) Findings. To date, no quantitative emission thresholds or similar criteria have been established to evaluate the cumulative impact of a single project on the global climate. Nonetheless, the Climate Action Team ("CAT"), established by Executive Order 503005, has recommended strategies for implementation at the statewide level to meet the goals of Executive Order 503005. In its reportto the Governor and the Legislature, the CAT recommended strategies that could be implemented by various state boards, departments, commissions, and other agencies to reduce GHG emissions. The EIR analyzes several Project design features and mitigation measures that would result in lower fuel combustion emissions, reduced energy usage, water conservation, and other collateral benefits with respect to GHG emissions. Since the Project is (i) consistent with the CAT's Vehicle Climate Change Standards; (ii) compliant with the CAT's HFC Reduction Strategies; (iii) meets or exceeds California energy standards and/or energy efficient lighting requirements; and (iv) conforms with the local water efficient landscape ordinance and/or the landscape and ornamental budget outlined by the Department of Water Resources, the proposed Project would substantially lessen its contribution to GHG emissions and global climate change, and would not meaningfully contribute to cumulative global climate change impacts from GHG emissions. C. Cultural Resources Page 30 of 73 {a�33855 00C; 1 1 4 316 1. Disturbance to Human Remains (a) Potential Impact. The Project will involve the construction of a 2900unit residential development on currently vacant land. Construction will include some grading and excavation. The Project's potential to disturb human remains is discussed in the Draft Subsequent EIR at pages 6.0-5 through 6.0-8. (b) Findings. The proposed Project Site is not a known burial site or cemetery. No remains are known to have been interred at the Project Site. The proposed Project will be subject to state legal requirements, which mandate that the coroner be contacted, and that he/she take responsibility for proper disposal of remains, and for Native American consultation, if necessary, should any remains be found. For these reasons, any impacts related to the disturbance of human remains are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 2. Cumulative Impacts to Culture Resources (a) Potential Impact. The Project will involve the construction of a 2900unit residential development on currently vacant land. Construction will include some grading and excavation. The Project's potential cumulative impacts to cultural resources are discussed in the Draft Subsequent EIR on page 6.0-8. (b) Findings. According to the City of La Quinta Comprehensive General Plan Draft EIR, cumulative impacts to cultural resources will be reduced to a less than significant level, provided that all development projects are reviewed by a qualified archeologist, historian and/or architectural historian, and that all such sites are surveyed for cultural resources. The proposed Project will be subject to such review. For these reasons, any cumulative impacts to cultural resources resulting from the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. D. Hydrology and Water Quality 1. Water Quality Standards and Waste Discharge Requirements (a) Potential Impact. Impacts related to water quality standards and waste discharge requirements are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. The Project will be connected to Coachella Valley Water District ("CVWD") sanitary sewer lines, rather than septic tanks, thereby eliminating the potential for contamination of groundwater. In addition, the proposed Project will be required to implement the National Pollutant Discharge 100033855.DOC; I} Page 31 of 73 0 317 Elimination System ("NPDES") requirements for storm flows during the Project's construction and during its operation. These requirements are designed to assure that water quality is not impacted by development sites, and for these reasons, any impacts related to water quality standards and waste discharge requirements are considered less than significant. Consequently, no mitigation measures are required for these less -than -significant impacts. 2. Groundwater Supplies and Groundwater Recharge (a) Potential Impact. The Project will involve the construction of a 2900unit residential development, which will consume existing groundwater supplies. Impacts related to groundwater supplies and groundwater recharge are discussed in the Draft Subsequent FIR at pages 7.0-3 through 7.0-7. (b) Findings. Domestic water for the Project will be supplied by the CVWD, which has prepared an Urban Water Management Plan ("UWMP") based on General Plan land uses in all the jurisdictions within its service area, which would include the much greater water demands of the approved hotel use on the Project site. The UWMP demonstrates that the District has available, or can supply, sufficient water to serve the proposed Project -- in addition to existing demand -- without substantially depleting groundwater supplies. The CVWD also has a water management plan in place to address groundwater overdraft. For these reasons, any impacts to groundwater supplies, or related to groundwater recharge, resulting from the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for these less -than -significant impacts. 3. Stream/River Course Alternation/Substantial Erosion/Siltation (On and Off Site) (a) Potential Impact. The Project will involve the construction of a 2900unit residential development, which will require some grading and excavation. Potential impacts related to on- and off -site stream or river course alternation, and potential impacts related to erosion and siltation, are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. Project improvements on the site include catch basins and a storm drain system, which would channel stormwater to the pre-existing outlet, located south of the Project site. All infrastructure would be integrated into the existing stormwater system designed within PGA West. The City Public Works Department has reviewed the Project as it relates to the current hydrologic conditions, and the approved drainage system for the PGA West Specific Plan, and has determined that Project runoff would be accommodated by the existing master drainage design for PGA West with installation of the proposed improvements. The City Engineer will review hydrological analysis of the proposed Project prior to issuance of grading permits to assure that the Project Page 32 of 73 100033855.DOC, I} 4 313 would effectively control stormwater runoff. Additionally, since the Project would add pavement and landscaping to the Project Site, the potential for on[]site erosion would decrease. Since proposed on[Isite improvements would accommodate Project drainage and limit erosion, impacts associated with erosion on[] and offOsite would be less than significant with Project implementation. Finally, no rivers or streams are located on or adjacent to the Project Site, and no rivers or streams are currently affected by drainage on the Project Site. For these reasons, potential impacts related to on- and off -site stream or river course alternation, and potential impacts related to erosion and siltation resulting from the Project's implementation, are considered less than significant. Consequently, no mitigation measures are required for these less -than -significant impacts. 4. Alteration of Existing Draining Patterns and Amount of Surface Run - Off Potentially Causing Flooding (On and Off Site) (a) Potential Impact. The Project will involve the construction of a 2900unit residential development, which will require some grading and excavation. Potential impacts related to drainage patterns and surface run-off resulting from the Project's implementation are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. The Project would alter the existing drainage pattern of the site by increasing the amount of impervious surfaces, and by the installation of a drainage infrastructure. However, all infrastructure would be integrated into the existing stormwater system designed within PGA West. The City Public Works Department has reviewed the Project as it relates to the current hydrologic conditions, and the approved drainage system for the PGA West Specific Plan. The City Public Works Department has determined that Project drainage would be accommodated by the existing master drainage design for PGA West, with installation of the proposed improvements. As discussed above, no rivers or streams are located on or adjacent to the Project Site and no rivers or streams are currently affected by drainage on the Project Site. For these reasons, any impacts related to drainage patterns and surface run-off resulting from the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for these less -than -significant impacts. 5. Run -Off Quality and Quantity (a) Potential Impact. The Project will involve the construction of a 29011unit residential development, which will create additional impervious surfaces, and possible give rise to additional run-off. Potential impacts related to run-off resulting from the Project's implementation are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. As discussed above, the proposed drainage improvements would adequately facilitate drainage associated with the Project. Therefore, the Page 33 of 73 4 `319 {00033855.DOC, I} Project will not generate runoff that would exceed the capacity of existing or planned drainage systems. In addition, residential areas do not typically generate substantial quantities of polluted runoff. Finally, potential impacts from runoff generated by the Project will be reduced through compliance with City policies and mandates, including implementation of water efficient landscaping. For these reasons, potential impacts related to run-off are considered less than significant. Consequently, no mitigation measures are required for these less -than -significant impacts. 6. Construction of Project -Related Storm Water Facilities (a) Potential Impact. The Project will involve the construction of a 2900unit residential development, which will create additional impervious surfaces, and possibly give rise to additional storm water run-off. Potential impacts from the construction of Project -related storm water facilities are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. The Project will require construction of new onElsite stormwater drainage facilities, such as catch basins and a new storm drain across PGA Boulevard south of the Project Site. This infrastructure improvement will be integrated into the existing system serving PGA West, and no expansion of the existing facilities beyond these improvements and minor curb and gutter widening will be required. All drainage plans will be reviewed by the City Engineer prior to the issuance of grading permits, to ensure compliance with all applicable drainage standards set by the City. For these reasons, potential impacts from the possible construction of Project -related storm water facilities are considered less than significant. Consequently, no mitigation measures are required for this less -than - significant impact. 7. Flood Hazards (a) Potential Impact. The Project will involve the construction of a 2900unit residential development, which will create additional impervious surfaces, and possibly give rise to flood hazards. Potential impacts related to these possible flood hazards are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. The Project Site is not located within a FEMA flood zone. Therefore, the Project will not place housing within, or otherwise interfere with, a 1000year flood hazard area as mapped by FEMA. The Project Site is not located within the vicinity of a levee or dam. Finally, additional drainage facilities will be constructed, as described above. For these reasons, potential impacts related to the possible flood hazards resulting from the Project's implementation are considered less than significant, and no mitigation measures are required. 8. Seiche, Tsunamis and Mudflows Page 34 of 73 {00033855 DOC; 1 } 4 3 20 (a) Potential Impact. Potential impacts related to, or resulting from, seiche, tsunamis and/or mudflows are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. Based upon the location of the Project site, there are no potentially significant impacts or hazards related to, or resulting from, seiche, tsunamis and/or mudflows resulting from the Project's implementation. Consequently, no mitigation measures are required for this less -than -significant impact. 9. Cumulative Impacts to Hydrology and Water Quality (a) Potential Impact. Potential cumulative hydrology and water quality impacts are discussed in the Draft Subsequent EIR at pages 7.0-6 through 7.0-7. (b) Findings. As described above, the Project's design includes all necessary water and drainage infrastructure to serve the Project, and as a result, the Project will not cause or contribute meaningfully to any significant cumulative impacts relating to hydrology and water quality. E. Land Use and Planning 1. Physical Division of an Established Community (a) Potential Impact. Implementation of the Project will result in the construction of a mix of several different types of residential dwelling units and a 7,122 square -foot clubhouse with a 33 foot high clock tower. The Project site is located in the middle of the existing PGA West Community. The Project Site is currently undeveloped, vacant land, and is the last portion of the PGA West Community that has not been developed, with the exception of 151120 scattered residential lots. The fully -developed properties adjacent to the Project Site consist of golf courses and singleElfamily residential units. Approximately 2,500 developed residential units exist within the PGA West Community. The Project's potential to create a physical division of an existing, established community is discussed in the Draft Subsequent EIR at page 8.0-7. (b) Findings. The Project will not have a significant land use and planning impact due to the physical division of an established community because the residential project will be constructed on presently vacant land, and will be integrated into the existing singleLlfamily residences and golf courses that surround the Project site. In addition, the Project will maintain the existing golf cart path built around the site and will not impede, restrict or remove any part of the path. Additionally, structures on the site will not visually divide the existing community, as the tallest structures will be located within the central interior portion of the Project Site. Page 35 of 73 {00033855.DOC; 1 } 321 2. Potential Conflicts with Applicable Land Use Plans, Policies and Regulations (a) Potential Impact. The Project's potential conflicts with applicable land use plans, policies and regulations are discussed in the Draft Subsequent EIR at pages 8.0-7 through 8.0-19. (b) Findings. As specified in Amendment No. 1 to the PGA West Specific Plan, dated September 20, 1988, the Project site is currently designated for the development of a six0story 1,00011room hotel and an associated retail development of approximately 100,000 square feet. Surrounding uses, as explained, are residential in nature (other than the existing golf courses). While the proposed Project is not consistent with the current land use designation for the Project Site, it is consistent with surrounding uses. Many areas within the existing PGA West Community have net densities between five and eight units per acre. The net densities for the proposed Project range from 6.5 units per acre to 14.3 units per acre, with a proposed overall net density of just under seven units per acre. Therefore, the Project density is compatible with existing densities within PGA West. The Project's proposed landscaping and architectural elements are consistent with the existing visual character of the PGA West community and the City of La Quinta. The Project applicant's requested entitlements, including a Specific Plan Amendment, a General Plan Amendment, a Site Development Permit, a Tentative Tract Map and a Development Agreement, would ensure that the proposed Project would not conflict with either the adopted General Plan or the PGA West Specific Plan. Additionally, the Project applicant's requested change to the existing zoning designation would ensure that the proposed Project would not conflict with the City's Municipal Code, Title 9, Zoning. For these reasons, the proposed Project will not create any potential conflicts with applicable land use plans, policies and regulations. Accordingly, any impacts related to such potential conflicts are considered less than significant, and no mitigation measures are required for these less -than -significant impacts. 3. General Plan Consistency (a) Potential Impact. The Project's potential inconsistencies with the City's existing General Plan are discussed in the Draft Subsequent EIR at pages 8.0-9 through 8.0-19. (b) Findings. The proposed Project is consistent with the General Plan's Land Use Element — Residential Goals, Policies and Programs, because it (i) will Page 36 of 73 100033855.DOC; 1 } 322 2 n 4 L increase the number of multi[] family units within the City; (ii) will be compatible with the residential character of PGA West; (iii) is designed for compatibility with adjacent land uses (i.e., residential in nature), with a similar net density; and (iv) will comply with the approved Specific Plan development standards and all City standards for residential developments. The proposed Project is consistent with the General Plan's Land Use Element — Other Land Use Goals, Policies and Programs, because it (i) will not disturb existing open space areas or existing recreational resources; and (ii) will comply with the Quimby Act under the City Subdivision Ordinance. The proposed Project is consistent with the General Plan's Traffic and Circulation Elements, because (i) it will result in less than significant project0level traffic impacts; (ii) it will retain the existing golf course path built around the site, thereby encouraging the use of continuous and convenient access to recreational areas; and (iii) all new onOsite roadways will be developed to City of La Quinta standards. The proposed Project is consistent with the General Plan's Open Space Element, because it will (i) provide for 12.9 acres of open space on site for use by Project residents; and (ii) not alter any existing on -site or off -site recreational open space uses. The proposed Project is consistent with the General Plan's Parks and Recreation Element, because it will (i) provide for approximately 12.9 acres of open space, including 3.62 acres of active open space, thereby creating sufficient recreational facilities to meet the active and passive recreational needs of its residents; and (ii) comply with the Quimby Act under the City's Subdivision Ordinance. The proposed Project is consistent with the General Plan's Natural Resources Element because (i) it will neither result in significant operational air quality impacts, nor would it expose residents to point sources of substantial pollutants; (ii) it is not located within close proximity to air pollution point sources; (iii) it will comply with Title 24 standards for energy efficiency; (iv) no paleontological resources are known to occur on the site; and (v) any impacts to water resources, hydrology and water quality will be less than significant. The proposed Project is consistent with the General Plan's Infrastructure and Public Services Element because (i) impacts to public safety will be less than significant; (ii) the Project Applicant shall be required to pay school impact mitigation fees; (iii) it will improve the Project site with drainage facilities, and will not otherwise be subject to stormwater or flooding hazards; (iv) it will include recycling facilities and will not result in any significant impacts related to solid waste; (v) it will connect to the existing water infrastructure within PGA West, which will adequately meet the water needs of the Project; (vi) it will {00033855.Page 37 of 73 323 DOC; I } q connect to the existing sanitary sewer infrastructure within PGA West, which will adequately meet the wastewater needs of the Project; (vii) impacts to water, wastewater, solid waste, electricity, and natural gas will all be less than significant; (viii) the Project applicant will pay its fair[]share of the cost of new utility improvements implemented to serve the Project; and (ix) underground utility and electric wires up to 34.5 kilovolts will be buried. The proposed Project is consistent with the General Plan's Environmental Hazards Element because (i) it will comply with the Uniform Building Code; (ii) the Project Site is not located within a blow sand or wind erosion hazard area; (iii) the Project will improve the Project site with drainage facilities, such that no significant flooding impacts will occur; and (iv) noise impacts will be less than significant. For these reasons, impacts related to potential inconsistencies with the City's existing General Plan are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. Therefore, the City finds that the Project is consistent with the City's General Plan goals and policies, and the Project will not have any significant impacts relating to General Plan consistency. 4. SCAG Plan Consistency (a) Potential Impact. The Project's potential inconsistencies with the SCAG's existing Plan are discussed in the Draft Subsequent EIR at page 8.0-19. (b) Findings. The Project is consistent with the overall goals established by SCAG because (i) it is an infill development project and is located within an area presently served by transportation and utilities infrastructure; (ii) the Project Site is currently a vacant, partially graded lot that has been disturbed by past uses, and the development of the site will not result in the removal of any significant biological, scenic, or cultural resources; (iii) it will utilize existing infrastructure adjacent to the Project Site, which would reduce the cost and potential impacts of adding infrastructure in an undeveloped area without existing infrastructure; and (iv) Project Site is not located within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan ("CVMSHCP"). For these reasons, the Project will be consistent with the SCAG's existing Plan, and all such impacts are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 5. Cumulative Land Use and Planning Impacts (a) Potential Impact. The Project's potential cumulative land use and planning impacts are discussed in the Draft Subsequent EIR at page 8.0-20. (b) Findings. The City's buildout of its General Plan is expected to increase Page 38 of 73 (00033855.DOC; 1) 324 the City's population to 72,208 residents, from a current population of 41,000. The proposed Project will introduce 290 multillfamily dwelling units, which represents a 1.2 percent increase in the anticipated number of units at General Plan buildout. The Project only represents a 1.2 percent increase in the City's anticipated population at General Plan buildout. Such an increase in growth is not considered significant. For these reasons, the Project's potential cumulative land use and planning impacts are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. F. Noise 1. Construction -Related Noise Impacts (a) Potential Impact. The Project's potential construction -related noise impacts are discussed in the Draft Subsequent EIR at pages 9.0-15 through 9.0- 18. (b) Findings. Based upon the Project's compliance with the limitation on construction hours set forth in the City of La Quinta Municipal Code, and the distance from the Project site to the nearest sensitive receptors, any construction noise impacts related to the Project's construction are considered less than significant. In addition, daily transportation of a maximum of 107 construction workers during the building construction phase is expected to cause slight increases in noise levels along Project roadways; however, noise levels from such trips will be less than significant because any such increases would be imperceptible at less than 3 dB(A). Consequently, no mitigation measures are required for this less -than -significant impact. 2. Vibration and Ground -Borne Noise Impacts (a) Potential Impact. Persons residing and working in the area surrounding the Project could be exposed to the generation of ground1lbome vibration or groundElbome noise levels related to construction activities. Such impacts are discussed in the Draft Subsequent EIR at pages 9.0-17 through 9.0-18. (b) Findings. Pile driving equipment will not be used during the Project's construction activities. Large bulldozers —which, out of all the equipment to be used on the Project site, would create the greatest amount of vibration —are capable of producing approximately 81 VdB at 50 feet. However, since the large bulldozers will be used in excess of 50 feet from the nearest sensitive land uses and would cause substantially less than 70 vibration events per day, construction activities are not expected to exceed the Federal Railroad Administration ("FRA") groundborne vibration threshold. For these reasons, impacts related to vibration and ground -borne noise are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. Page 39 of 73 325 {00033855.DOC; 1} 3. Operational Noise Impacts -- Off -Site Noise Impacts (a) Potential Impact. Implementation of the Project will result in the construction of 290 total new residential dwelling units; and, once completed, the Project's operation will generate some additional roadway noise. The Project's operational off -site noise impacts are discussed in the Draft Subsequent EIR at pages 9.0-19 through 9.0-23. (b) Findings. The Draft Subsequent EIR included a noise modeling study, which quantified the traffic noise level increases along 16 applicable and relevant roadway segments in order to identify the roadway noise level change attributable to the proposed Project. That study found that the roadway noise level increases attributable to the Project range from 0.0 dB(A) to 0.9 dB(A), which are not noticed by the human ear. Since all relevant roadways shall be smooth, ground[lborne vibration from traffic will barely be perceptible, if at all. Finally, the residential uses resulting from the Project will only generate noise typical of residential neighborhoods, including people talking, cars starting, lawn equipment, etc.; none of which will generate noise levels unacceptable for such uses. For these reasons, off -site operational noise impacts from the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 4. On -Site Noise Impacts (a) Potential Impact. The Project's operational on -site noise impacts are discussed in the Draft Subsequent EIR at pages 9.0-21 through 9.0-23. (b) Findings. As with offOsite noise impacts, roadway noise on the adjacent circulation system will generate noise contours that could extend into the proposed Project area. Future roadway noise volumes in the year 2020 were utilized — and assumed a worst[]case scenario -- when calculating these projected contours along public roadways adjacent to the Project's future residences. The Draft Subsequent EIR's noise study found that the loudest roadway noise contour at the future residential exterior living areas would be 63.8 dB(A) CNEL, which is below the City's Comprehensive General Plan amended exterior standard of 65 dB(A) for sensitive receptors. Finally, all residential dwelling units are required to comply with Title 24 of the Uniform Building Code for the conservation of energy associated with building design and construction. The Project's residences will be constructed with insulated walls, glazed windows, and weather stripping on all doors and windows opening to the exterior. As a result, interior noise levels along PGA Boulevard are expected to be below the interior threshold of 45 dB(A) CNEL for residential space as stated in Title 24. For these reasons, on -site operational noise impacts from the Project's implementation are considered less than significant, and no mitigation measures are required for this less -than - significant impact. Page 40 of 73 t00033855.DOC, I 4 326 5. Airport Noise Impacts (a) Potential Impact. The Project's susceptibility to potential airport -related noise impacts is discussed in the Draft Subsequent EIR on page 9.0-23. (b) Findings. The proposed Project site is located over 7 miles from the nearest airport land use or private airstrip. For this reason, potential airport - related noise impacts are considered less than significant, and no mitigation measures are required for this less -than -significant impact. G. Public Services 1. Impacts to Fire Protection & Emergency Medical Services (a) Potential Impact. The Project's potential impacts to fire protection and emergency medical services are discussed in the Draft Subsequent EIR at pages 10.1-1 through 10.1-4. (b) Findings. With regards to fire protection during the Project's construction, (i) water facilities must be installed before construction is started; (ii) all buildings must be inspected to insure code compliance; and (iii) the Project construction site will be subject to CVWD and Riverside County Fire Department standards relative to water availability and Fire Department firefighting equipment accessibility standards. With regards to fire protection and emergency medical services during the Project's operation, (a) all construction must comply with the La Quinta Municipal Code and the California Fire Code; (b) hydrants will be installed and the Project site plan must be approved by the Riverside County Fire Department; (c) the Project applicant must pay the City development impact fees in the amount of $10,423 for the provision of future fire facilities, based on the incremental need for additional facilities resulting from the proposed Project; (d) according to the Fire Department, no additional fire department resources will be needed to address the fire prevention and fire suppression needs of the Project; and (e) while the Project will increase the demand for paramedic services -- due to the increased human activity at the site -- that increase will not be beyond the ability of the Fire Department and American Medical Response ("AMR"), which provides paramedic services to the City. Finally, with regards to cumulative impacts, the Fire Department continually review new development plans and proposals; and the City will continue to coordinate with the Fire Department and the CVWD to ensure the timely expansion of facilities and water infrastructure, and insure that all new development comply with fire codes and other applicable standards. For these reasons, impacts to fire protection and emergency medical services are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 2. Impacts to Police Protection Services Page 41 of 73 {00033855.noC i } 327 (a) Potential Impact. The Project's potential impacts to police protection services are discussed in the Draft Subsequent EIR at pages 10.2-1 through 10.2- 4. (b) Findings. The Project Site is located within the PGA West community, which is fully gated and stationed with security guards at entry points 24 hours a day. The Sheriffs planning standard for police protection services is one officer per every 1,000 residents. Currently, the ratio is 1.1 officers per 1,000 residents. The Project's implementation will not materially disturb this current ratio. Rather, it will only decrease the ratio to 1.07 officers per 1,000 residents, which complies with the Sheriffs planning standard. With regards to cumulative impacts, the City's Comprehensive General Plan EIR explains that while the demand for additional police protection services in the City is expected to increase substantially as the City continues to grow, the cumulative impacts will be less than significant because (i) the Sheriffs Department will review new development plans and proposals; (ii) new development will incorporate additional security features; and (iii) the City will monitor Sheriffs Department staffing levels to insure adequate police services. For these reasons, impacts to police protection services are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 3. Cumulative Impacts to Schools (a) Potential Impact. The Project's potential cumulative impacts to schools are discussed in the Draft Subsequent EIR at pages 10.3-3 through 10.3-4. (b) Findings. As stated in the City of La Quinta Comprehensive General Plan EIR, although the demand for additional school services will increase substantially as the City continues to grow, the cumulative impact will be less than significant because all future project applicants are required to pay school impact fees, just as the Project applicant here is required to pay such fees, to ensure the construction of adequate school facilities. For these reasons, the Project's cumulative impacts to schools are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 4. Impacts to Parks and Recreation (a) Potential Impact. The Project's potential impacts to parks and recreation are discussed in the Draft Subsequent EIR at pages 10.4-1 through 10.4-3. (b) Findings. The Project's Garden House facility, which would serve all residences of the proposed Project, consists of exercise rooms, a large main pool, children's pool, spa/Jacuzzi and clubhouse. Since recreational facilities would be provided to residents of the proposed Project, the Project will result in a reduced need for additional public parks or recreational facilities. California's Quimby Act Page 42 of 73 100033855.DOCt 1) 4 328 provides a required standard of 3.0 acres of parkland per 1,000 residents, which standard is also utilized by the City. The introduction of 832 residents will require an additional 2.5 acres of park and recreational area to comply with the Quimby Act requirements. However, the proposed Project includes 3.62 acres of active open space. As a result, the Project meets its onOsite requirement for parkland. Additionally, Project applicant will pay the City's park impact fees for park improvements. Finally, as stated in the City's Comprehensive General Plan, although the demand for open space resources will increase over time, the cumulative impact will be less than significant with implementation of the Quimby Act for the dedication of parkland or inEllieu fees. For these reasons, the Project's impacts to parks and recreation are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 5. Impacts to Library Services (a) Potential Impact. The Project's potential impacts to library services are discussed in the Draft Subsequent EIR at pages 10.5-1 through 10.5-3. (b) Findings. The Project will marginally reduce the current ratio of 0.24 square foot of library space per resident by approximately 2 percent. However, the planned interior renovations to the City's library will add approximately 10,000 additional square feet of library space. With this renovation, and including the approximately 832 residents attributable to the Project, the City's ratio of square feet of library space per resident will increase by 100 percent to 0.48, which is very close to the recommended standard of 0.5 square foot per resident. Furthermore, the Project applicant will pay the City's development impact fees for library improvements. Finally, as stated in the City's Comprehensive General Plan EIR, although the overall demand for additional library services will increase as the City continues to grow, the cumulative impact is considered less than significant because the City and Riverside County will continue to monitor usage at the City's library and determine appropriate mitigation fees to provide adequate library services. For these reasons, the Project's impacts to library services are considered less than significant. Consequently, no mitigation measures are required. H. Transportation, Traffic, Parking and Circulation 1. Traffic Impacts to Roadway Segments (a) Potential Impact. The Project's potential impacts to roadway segments are discussed in the Draft Subsequent EIR at pages 11.0-12 through 11.0-31. (b) Findings. The City Traffic Engineer has determined that all of the roadway segments that could potentially be impacted by the proposed Project are currently operating at an acceptable LOS, will continue to do so with the Page 43 of 73 {00033855.DOC; 1 } 9 329 additional vehicle trips generated by the Project. Moreover, the Traffic Impact Analysis for the City's General Plan, and the associated analysis in the City's General Plan EIR, determined that all roadway segments potentially impacted by the proposed Project (those roadway segments connecting the studied intersections) would operate at an acceptable LOS in the Post (2020) General Plan traffic conditions, with and without the Project. That traffic analysis was based on the development of a hotel, resort land use on the Project site, as designated by the General Plan, and utilized a daily trip rate of 250 trips per acre for such uses. The General Plan's Traffic Impact Analysis estimated that the existing hotel/resort land use on the Project site would generate approximately 10,488 average daily trips. The proposed Project is estimated to only generate 1,711 average daily trips, 8,777 fewer average daily trips than anticipated in the General Plan Traffic Impact Analysis. Given that all roadway segments potentially impacted by the proposed Project (those roadway segments connecting the studied intersections) would operate at an acceptable LOS in the Post (2020) General Plan traffic condition, the proposed Project would have a less than significant impact to roadway segments. Consequently, no mitigation measures are required for this less -than -significant impact. 2. Air Traffic Safety Risks (a) Potential Impact. The Project's potential air traffic safety risk impacts are discussed in the Draft Subsequent EIR on page 11.0-19. (b) Findings. The nearest airport to the proposed Project is the Jacqueline Cochran Regional Airport, located approximately 6 miles southeast of the Project site. Given the distance of the nearest airport, the proposed Project would not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. For these reasons, air traffic safety risk impacts from the Project's implementation are considered less than significant, and no mitigation measures are required. 3. Traffic Design Feature Hazards (a) Potential Impact. The Project's potential impacts related to traffic design feature hazards are discussed in the Draft Subsequent EIR at pages 11.0-12 through 11.0-31. (b) Findings. All roadways will be designed to City of La Quinta standards and will meet minimum City requirements for fire truck and ambulance access. The Project will be required to adhere to standard engineering practices and requirements, and will be subject to planning and design review by the City to avoid traffic hazards created by design features and land use incompatibilities, or inadequate emergency access. For these reasons, impacts related to traffic design feature hazards are considered less than significant, and no mitigation measures are required. Page 44 of 73 {00033855 DOC; 1, n 330 4. Emergency Access (a) Potential Impact. The Project's potential impacts related to emergency access are discussed in the Draft Subsequent EIR on page 11.0-20. (b) Findings. As indicated, all roadways will be designed to the City's standards and will meet minimum City requirements for fire truck and ambulance access. Secondary emergency access would be provided to the satisfaction of the City Fire Marshal. For these reasons, potential impacts related to emergency access are considered less than significant. Consequently, no mitigation measures are required. 5. Parking (a) Potential Impact. The Project's potential parking impacts are discussed in the Draft Subsequent EIR at pages 11.0-20 through 11.0-22. (b) Findings. The City Code requires that the Project provide 870 spaces. The proposed Project will provide a total of approximately 871 parking spaces, which is slightly above the 870 total spaces required by the City's municipal code. For these reasons, the Project's parking impacts are considered less than significant, and no mitigation measures are required. 6. Alternative Transportation (a) Potential Impact. The Project's potential impacts related to alternative transportation are discussed in the Draft Subsequent EIR on page 11.0-22. (b) Findings. The proposed Project will provide 164 golf cart spaces as part of the Courtyard and Manor homes. Golf carts will utilize the proposed private street rights0ofllway for travel within the Project site. The City's General Plan indicates that expanding golf cart usage can provide an enjoyable, convenient, economical and safe alternative to automobile use. On -site circulation consists of private streets. The City's General Plan does not require bike paths, trails, landscaped setbacks or similar improvements on private streets. The proposed Project will not conflict with the City bus route used to service the Project (Line 70). Since the Project will provide golf cart parking, allow access to PGA West in general, and not conflict with existing bus routes, the Project will not conflict with the City's adopted policies, plans, or programs supporting alternative transportation, and for these reasons, the Project's potential impacts related to alternative transportation are considered less than significant. 7. All Intersections Other Than Jefferson at Avenue 54 (a) Potential Impact. The Project's potential impacts to area intersections Page 45 of 73 {00033855.00C; i} q 331 are discussed in the Draft Subsequent EIR at pages 11.0-12 through 11.0-31. (b) Findings. A traffic study was prepared in conjunction with the Draft Subsequent EIR. That study indicated that, for the existing (2007) LOS without and with the Project Traffic Conditions, all study area intersections other than Jefferson at Avenue 54 are projected to operate at an acceptable LOS during existing plus Project peak hour conditions. Development of the proposed Project could also result in a significant impact, as defined by the Engineering Bulletin, to the intersection of Jefferson Street at Avenue 50 because the Project would add 25 or more trips to that intersection, which is currently operating at LOS D. However, because the Project would result in a less than one second increase in peak hour delay, and because that intersection would operate at an acceptable level for the existing (2007) with Project traffic condition, this impact would not require mitigation at the project level, and is not considered a significant project - specific impact. For these reasons, the Project's potential impacts to area intersections, other than Jefferson at Avenue 54, are considered less than significant. Consequently, no mitigation measures are required for this less -than - significant impact. 8. Cumulative Traffic Impacts on all Roadway Segments (a) Potential Impact. The Project's potential impacts to area roadway segments are discussed in the Draft Subsequent EIR at pages 11.0-24 through 11.0-31. (b) Findings. The Traffic Impact Analysis for the General Plan and the associated analysis in the General Plan EIR determined that all roadway segments potentially impacted by the proposed Project (those roadway segments connecting the studied intersections) will operate at an acceptable LOS in the Post (2020) General Plan traffic condition, even assuming the much higher vehicle trips generated by the approved hotel use by the site. The currently proposed Project would generate 8,777 fewer average daily trips than anticipated in the General Plan Traffic Impact Analysis, and as a result, the City Traffic Engineer determined that the proposed Project will reduce roadway segment loads on all roadway segments potentially impacted by the proposed Project (those roadway segments connecting the studied intersections). Therefore, the proposed Project would have a less than significant impact to roadway segments, and no mitigation measures are required for this less -than -significant impact. 9. Cumulative Traffic Impacts on all Intersections other than those listed in Sections III.G and IV.F. (a) Potential Impact. The Project's potential impacts to area intersections are discussed in the Draft Subsequent EIR at pages 11.0-24 through 11.0-31. (b) Findings. At post General Plan build -out, without Project (2020) traffic Page 46 of 73 9 332 {00033855.DOC; l) conditions (i.e., cumulative without Project traffic condition), all study area intersections are projected to operate at unacceptable levels of service during peak hours. Although the Post 2020 General Plan traffic volumes already assume traffic generated by the existing General Plan Project site designation as a hotel, resort land use, the traffic study and the Draft Subsequent EIR analysis are conservative in that no reduction of trips has been taken into account with the proposed residential development (i.e., they assume implementation of the currently approved 1,000 room hotel). The proposed Project's trips have been added to these Post 2020 General Plan volumes without any trip reductions, and therefore, the traffic study and this analysis assume a worst case scenario. The traffic study shows that significant cumulative impacts would occur at the following study area intersections during peak hours for cumulative with project traffic conditions: Washington Street and Avenue 50 during the PM peak hour; Jefferson Street and Avenue 50 during the PM peak hour and Jefferson Street and Avenue 54 during both peak hours. Since these potential impacts are significant, but reduced to a level of less -than -significant following mitigation, these impacts are addressed in Section F. Impacts to all other intersections would be less than significant. 10. Cumulative Impacts Regarding Traffic Design Feature Hazards (a) Potential Impact. The Project's potential cumulative impacts regarding traffic design feature hazards are discussed in the Draft Subsequent EIR at page 11.0-29. (b) Findings. Development of the proposed Project and related projects would be required to adhere to standard engineering practices and requirements, and would be subject to planning and design review by the City to avoid traffic hazards created by design features and land use incompatibilities. For these reasons, and because such impacts (if and when they occur) are relatively site specific, cumulative impacts associated with such hazards are less than significant. Consequently, no mitigation measures are required for these less - than -significant impacts. 11. Cumulative Emergency Access Impacts (a) Potential Impact. The Project's potential cumulative impacts regarding emergency access are discussed in the Draft Subsequent EIR at page 11.0-29. (b) Findings. Development of the proposed Project and related projects would be required to adhere to standard engineering practices and requirements, and would be subject to planning and design review by the City to avoid inadequate emergency access. For these reason, and because such impacts (if and when they occur) are relatively site specific, cumulative impacts associated with emergency access are less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. Page 47 of 73 {00033855.DOC, 1 } a 333 12. Cumulative Impacts Panting (a) Potential Impact. The Project's potential cumulative impacts regarding parking are discussed in the Draft Subsequent EIR at page 11.0-29. (b) Findings. Under the City's Municipal Code, the proposed Project and related projects will be required to comply with design guidelines and provide adequate onosite parking as conditions of development approval, and, thus, it is unlikely that related projects will have a significant cumulative effect on parking design or demand in the area. For these reasons, cumulatively significant impacts are not anticipated. As stated, the Project is anticipated to provide parking in excess of code required parking. Consequently, projectE related impacts will not be cumulatively considerable and will be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. I. Public Utilities 1. Water Supply & Demand — Construction (a) Potential Impact. The Project's potential construction -related impacts on water supply and demand are discussed in the Draft Subsequent EIR at pages 12.1-3 through 12.1-5. (b) Findings. During the construction phases of development, water from water tank trucks would be used to suppress dust generated by/from (i) o earthmoving activities, (ii) the operation of vehicles on dirt surfaces, and (iii) exposed dirt surfaces. However, this water consumption during construction would be minimal and temporary, and as such, the impacts to water facilities and supplies would be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 2. Water Supply & Demand — Operational (a) Potential Impact. The Project's potential impacts on water supply and demand are discussed in the Draft Subsequent EIR at pages 12.1-3 through 12.1- 5. (b) Findings. The CVWD has indicated that it will provide water service to the proposed Project in accordance with the District's current regulations. Those regulations provide for the payment of certain fees and charges by the Project applicant. Furthermore, if additional pipelines or other facilities are required by the CVWD for service to the Project site, the Project applicant will pay a fair[Ishare contribution towards the cost of the same. As explained below, the CVWD has analyzed and planned for the projected increase in water demand a Page 48 of 73 334 t00033855.DOC; 11 between 2010 and 2030, and will be able to accommodate the Project demand. With the payment of CVWD's fees, the Project will result in a less than significant impact associated with the construction of new facilities. Consequently, no mitigation measures are required for this less -than -significant impact. I Water Supply & Demand — Cumulative (a) Potential Impact. The Project's potential cumulative impacts on water supply and demand are discussed in the Draft Subsequent EIR at pages 12.1-3 through 12.1-5. (b) Findings. As stated in the City of La Quinta Comprehensive General Plan EIR, although water demand will increase as the City continues to grow, the cumulative impact would be less than significant because the City and CVWD will review all new development to assess potential impacts to local groundwater supplies, and insure that new development incorporates on(]site retention and detention basins to replenish groundwater subbasins. For these reasons, the Project's contribution to cumulative water supply and demand impacts will not be considerable and are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 4. Wastewater (a) Potential Impact. The Project's potential wastewater impacts are discussed in the Draft Subsequent EIR at pages 12.2-2 through 12.2-4. (b) Findings. CVWD has sufficient Infrastructure and excess treatment capacity to serve the Project, and collects fees from all new development it serves to fund future planned expansion. For these reasons, potential project -specific and cumulative wastewater impacts are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 5. Solid Waste — Construction (a) Potential Impact. The Project's solid waste impacts related to construction are discussed in the Draft Subsequent EIR at pages 12.3-2 through 12.3-5. (b) Findings. The Project Site is currently undeveloped and therefore no demolition waste would be generated. Solid waste generated during construction will represent only a slight marginal increase in solid waste flows. To facilitate construction recycling efforts, the City of La Quinta encourages developers to recycle the maximum amount of construction waste possible and publishes a pamphlet which identifies companies that recycle materials such as asphalt, brick, Page 49 of 73 '. {00033855.DOC; 11 4 3 � � cardboard, concrete, green waste, metal, roofing, and wood waste among others. Since construction waste will result in a short0term and only minimal increases in solid waste disposal, and since many types of construction waste can be recycled, this impact would be less than significant. For these reasons, solid waste impacts related to the Project's construction are considered less than significant, and no mitigation measures are required. 6. Solid Waste — Operational (a) Potential Impact. The Project's impacts related to solid waste are discussed in the Draft Subsequent EIR at pages 12.3-2 through 12.3-5. (b) Findings. Operation of the Project will result in the continuous and long0term generation of solid waste. However, on account of the existing Citywide waste diversion rate of 59 percent, approximately 226 tons of solid waste generated from the Project would be diverted from area landfills. Therefore, the Project is expected to result in the annual disposal of 157 tons of waste into area landfills. This represents a less than 1 percent increase over the City's total landfilled waste in 2005. Given that Project El generated waste represents a marginal increase in the City's total disposal and that waste diversion measures such as participation in the City's recycling program will be undertaken, sufficient landfill capacity exists to serve the Project. Therefore, impacts associated with landfill capacity are expected to be less than significant. Moreover, the proposed Project will be required to participate in the City's residential solid waste recycling program, and the recycling of landscaping waste. Compliance with these programs will result in a reduction of solid waste exceeding 50 percent, thereby complying with the goals specified in AB 939. Pursuant to the California Integrated Waste Management Board's "Model Ordinance" and the City's Zoning regulations, the proposed Project will provide adequate areas for collecting and loading recyclable materials to reduce the volume of solid waste entering landfills. Therefore, since the Project would comply with applicable statutes and regulations related to solid waste, the project -specific and cumulative impacts would be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 7. Electricity — Operational (a) Potential Impact. The Project's impacts related to electricity are discussed in the Draft Subsequent EIR at pages 12.4-3 through 12.4-5. (b) Findings. No additional power generation facilities will be required to serve the Project, and the Imperial Irrigation District maintains at least a 15% reserve over projected maximum electricity demand every year. Given the reserve requirement, additional future generation capacity, imported energy and the Project's compliance with Title 24 energy efficiency standards, implementation of the proposed Project would not result in a substantial increase Page 50 of 73 {00033855.DOC, I} 9 336 in energy demand relative to the availability of supply, and the impact of the Project on electrical supply would thus be less than significant. Moreover, Electricity to serve the proposed Project would be transmitted to the area via the existing IID transmission and distribution lines in the local vicinity. For these reasons, project -specific and cumulative impacts related to electricity are considered less than significant. 8. Natural Gas — Operational (a) Potential Impact. The Project's impacts related to natural gas are discussed in the Draft Subsequent EIR at pages 12.5-2 through 12.5-5. (b) Findings. The Gas Company has indicated that it can accommodate new service to planned developments within the City of La Quinta through continued coordination with developers. The City requires that all new development finance its fair share of public utilities infrastructure and improvements required to properly service the proposed development. The proposed gas distribution system for the Project will be installed by the applicant, and will connect to the adjacent existing distribution system in accordance with the Gas Company's policies and extension rules. No significant environmental impacts are expected to occur on account of this connection. Moreover, construction of new facilities is not anticipated, and as such, no significant environmental impacts associated with construction are expected. For these reasons, project -specific and cumulative natural gas impacts from the Project's implementation are considered less than significant. 9. Telephone and Cable Television (a) Potential Impact. The Project's impacts related to telephone and cable television services are discussed in the Draft Subsequent EIR at pages 12.6-1 through 12.6-2. (b) Findings. It is the responsibility of the Project applicant to enter into contracts with Verizon and Time Warner Cable for telephone and cable television service. This will be completed following approval of the proposed Project. Given that the Applicant shall coordinate with Verizon and Time Warner Cable to provide service to the Project, the project -specific and cumulative impacts related to telephone and cable television, and their related facilities, are expected to be less than significant. J. Other Effects Found Not To Be Significant 1. Agricultural Resources (a) Potential Impact. The Project's potential impacts to agricultural resources are discussed in the Draft Subsequent EIR on pages 13.0-1 through Page 51 of 73 100033855.DOC; 1) 337 13.0-2. (b) Findings. The Project site is vacant, graded land and is not designated as Prime or Unique Farmland. The Project site is currently zoned as Tourist Commercial, with existing hotel and commercial approvals dating back to the mid[] 1980s. The proposed Project will not conflict with any existing agricultural zoning. There are no Williamson Act contracts associated with the Project site or the properties in the immediate vicinity. Finally, land surrounding the Project site is developed with low density residential and golf uses. No designated or existing Farmland would be affected by implementation of the proposed Project. For these reasons, the Project's potential impacts to agricultural resources are considered less than significant. 2. Biological Resources (a) Potential Impact. The Project's potential impacts to biological resources are discussed in the Draft Subsequent FIR on pages 13.0-2 through 13.0-3. (b) Findings. The proposed Project site is currently vacant graded land, and is an in -fill site surrounded by existing residential and golf course uses. There are no species of concern identified as occurring on the Project site, nor were any species of concern observed during a visual inspection of the Project site. There have been no species observed on or around the Project site that are identified as a candidate, sensitive, or special status species on local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Additionally, the Project site has already been heavily impacted by previous grading activities and uses since the late 1980s. Portions of the site have been used as construction staging areas, stockpiling areas, and other uses associated with construction of the PGA West Specific Plan area over the years. The site is surrounded on all sides by existing development. No significant native habitat occurs on the site, and no sensitive natural community exists on the Project site or its surrounding areas. The proposed Project site does not occur in a survey area for any sensitive species, as identified in the General Plan. Furthermore, the site is not identified as a conservation area in the CVMSHCP. There are no areas of riparian habitat or any other identified sensitive natural community on the site. 0 The Project site is not in proximity to, nor does it contain, wetland habitat or a blue[]line stream. There are no marshes or vernal pools located on or around the Project site. Therefore, Project implementation would not have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (CWA), through direct removal, filling, hydrological interruption, or other means. Therefore, no impact would result. Page 52 of 73 (00033855.DOC; I) 4 333 The local area consists of established, developed properties; the Project site and the immediate area do not contain native resident or migratory species or native nursery sites. In addition, there are no wildlife migration corridors in the Project area. There are no local policies or ordinances that seek to protect biological resources that are applicable to the Project site. Finally, the proposed Project occurs outside the fee boundary for the Coachella Valley Fringelltoed Lizard Habitat Conservation Plan. If the CVMSHCP is implemented before or concurrent with Project construction, the Project applicant will be required to pay fees in place at that time. There are no other adopted Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plans applicable to the Project site. For all of these reasons, the Project's potential impacts to biological resources are considered less than significant. 3. Geology and Soils (a) Potential Impact. The Project's potential impacts to geology and soils are discussed in the Draft Subsequent EIR on pages 13.0-4 through 13.0-5. (b) Findings. The site is not located in an AlquistE]Priolo Earthquake Fault Zone. As part of the Coachella Valley, the site is located in a seismically active region and could experience strong groundshaking during an earthquake. However, the Project must comply with the Uniform Building Code standards for seismic zones and, as designed, the Project will not expose people or structures to unique, potential substantial adverse effects related to earthquakes or strong seismic groundshaking. The site is within the liquefaction hazard area mapped in the General Plan. Liquefaction could cause damage to the Project structures if it were to occur at the site. However, if liquefiable soils or soils subject to seismic settlement are found, appropriate site preparation and foundation design measures shall be included in the Project design. Existing building codes (Uniform Building Code) and General Plan criteria to address liquefaction are in place to allow proper design and construction practices. The site is flat, and is not located near a hillside. Thus, there is no potential for landslides and no impact would result. The site is presently vacant and predominantly consists of exposed soils. While construction activity may result in temporary soil erosion, buildout of the Page 53 of 73 100033855.DOC; l } 339 9 . Project would actually reduce the potential for soil erosion by increasing the amount of paved and developed surfaces on the site and introducing soil ❑ stabilizing features through landscaping. Therefore, impacts to soil erosion would not be significant. Soil settlement could damage structures, pavements, and subsurface utilities on the Project site. However, since the soils on the Project site generally have relatively similar densities, the potential for seismically induced differential settlement is low. Additionally, as mentioned, existing building codes (Uniform Building Code) and General Plan criteria to address liquefaction are in place to allow proper design and construction practices. Moreover, soils in the area of the Project site are not expansive. For these reasons, impacts to geology and soils are considered less than significant. 4. Hazards and Hazardous Materials (a) Potential Impact. The Project's potential impacts related to hazards and hazardous materials are discussed in the Draft Subsequent EIR on pages 13.0-5 through 13.0-6. (b) Findings. The proposed Project would result in the storage by individual homeowners of small amounts of chemicals for household cleaning purposes. Homeowner participation in the household hazardous waste programs implemented by Burrtec throughout the City, and Riverside County] sponsored hazardous waste disposal events, would serve to reduce the potential for improper disposed of household chemicals. Because of its residential nature, no routine transport, use, or disposal of any other hazardous materials is contemplated by the Project, and no release of hazardous materials is projected or expected. There are no wildlands located adjacent or near the Project site. As such, the potential for wildland fires to affect the site is not significant. There are no identified hazardous materials sites within the Project area, or its surrounding areas. The Project site is not within the vicinity of an airport or private airstrip, so no such hazard exists. The Project has been considered and integrated into the City's emergency preparedness planning, and therefore, the impact to emergency response and evacuation would not be significant. Finally, the Project site is not within 0.25 mile of an existing or proposed school; nor will it emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste. Therefore, no impact would result. For these reasons, the Project's potential impacts related to hazards and hazardous materials are considered less than significant. Page 54 of 73 4 340 {00033855.DOC; L} 5. Mineral Resources (a) Potential Impact. The Project's potential impacts related to mineral resources are discussed in the Draft Subsequent EIR on page 13.0-7. (b) Findings. The Project site is located in an area of the City designated as Mineral Resource Zone MRZ❑ 1, which indicates that no mineral resources occur. As such, no impact to mineral resources would occur as a result of the proposed Project. 6. Population and Housing (a) Potential Impact. The Project's potential impacts related to population and housing are discussed in the Draft Subsequent EIR on pages 13.0-7 through 13.0-8. (b) Findings. With Project implementation, the City's 2010 projected population and household count would be exceeded. However, since both the population and housing estimates are well within SCAG 2015 and 2030 projections, the Project has been accounted for within longOrange growth projections for the City. Furthermore, the PGA West Specific Plan, which includes the Project site, was originally approved for 5,000 residential units. Subsequent amendments reduced that total to 3,936 units. PGA West currently contains approximately 2,500 units, and is predominantly built out with exception of the Project Site. With construction of the Project, PGA West buildout would contain approximately 2,800 units, which is well within the approved unit count for the Specific Plan area. Finally, the site is currently vacant; thus, the Project would not displace people or housing units. For these reasons, the Project's potential impacts related to population and housing are considered less than significant. K. Other CEQA Considerations 1. Significant Irreversible Environmental Impacts (a) Potential Impact. Section 15126.2(c) of the CEQA Guidelines requires that an EIR evaluate significant irreversible environmental changes that would be caused by implementation of a proposed Project to ensure that such changes are justified. Irreversible changes include the use of nonrenewable resources during construction and operation of a Project to such a degree that the use of the resource thereafter becomes unlikely or infeasible. A significant environmental change can result from a primary and/or secondary impact that generally commits future generations to similar uses. Irreversible environmental change can also result from environmental accidents associated with the Project. The Project's potential to cause significant irreversible environmental impacts is discussed in the Draft Subsequent EIR at pages 13.0-8 through 13.0-9. Page 55 of 73 341 / 1 {00033855.DOC, l} 4 Y 1 (b) Findings. Operation of the proposed Project would occur in accordance with Title 24, Part 6, of the California Code of Regulations, which sets forth conservation practices that limit the amount of energy consumed by the proposed Project. The limited use of potentially hazardous materials contained in typical cleaning agents and pesticides for landscaping would occur on the site, similar to currently ongoing uses for the existing developed landscaping, golf and residential surrounding the Project site. However, such materials would be used, handled, stored, and disposed of in accordance with applicable government regulations and standards that would serve to protect against a significant and irreversible change resulting from accidental release of hazardous materials. The commitment of the nonrenewable resources required for the construction and operation of the proposed Project would limit the availability of resources for future uses and future generations in the larger regional setting during the life of the proposed Project. However, given the Project's limited size and scope, the use of such resources is not expected to be of such a degree that their use thereafter would become unlikely or infeasible. For these reasons, the Project's potential to cause significant irreversible environmental impacts is considered less than significant. 2. Growth -Inducing Impacts (a) Potential Impact. Pursuant to section 15126.2(d) of the CEQA Guidelines, a project is considered to have growth[] inducing potential if the project would foster spatial, economic, or population growth in a geographic area by (i) removing an impediment to growth; (ii) giving rise to economic expansion or growth; (iii) establishing a precedent[] setting action; or (iv) developing on or encroaching onto an isolated or adjacent area of open space (i.e., the project is distinct from an "infill" type of project). Should a project meet any one of these criteria, it can be considered growth inducing. Changes from a project that could be precedent Ll setting include, among others, a change in zoning, general plan designation, general plan text, or approval of exceptions to regulations that could have implications for other properties or that could make it easier for other properties to develop. The Project's potential to cause growth -inducing impacts is discussed in the Draft Subsequent FIR at pages 13.0-9 through 13.0-11. (b) Findings. The Project site is located within the PGA West Specific Plan area, which is completely developed with golf course and single-family residential uses with the exception of the Project site and 15 to 20 scattered residential lots. The Project is considered "in -fill" -type development. Due to the nature of the surrounding development, all transportation, water, sewer, wastewater, and solid waste infrastructure required to support the proposed Project would be available through existing systems within surrounding streets. Page 56 of 73 100033855.DOC, 1 } 342 Since the surrounding area is completely developed, and the necessary infrastructure to support the Project is already in place, the proposed Project does not remove impediments to growth. Moreover, the Project's addition of 290 multifamily units is responding to goals defined in the City's General Plan. Bringing multifamily housing to the area is a response to an existing identified market demand, rather than creating a new demand for housing. The applicant is requesting several development approvals, in order to subdivide the Project Site, including a General Plan Amendment (GPA), Zone Change (ZC), Specific Plan Amendment (SPA), Tentative Tract Map (TT), Site Development Permit (SDP), and Development Agreement (DA). These development approvals are not considered precedent ❑ setting actions because with approval of these actions, uses proposed in the Project would be in compliance with the adopted PGA West Specific Plan, the adopted City General Plan, and the City's Municipal Code. These actions are typical for development projects proposed in the City, and as such, these actions are consistent with existing precedents. Since the Project site is completely surrounded by developed land and considered "in -fill" development, it does not have the potential to result in growth inducement through the development of, or encroachment into, isolated or open space areas. For these reasons, the Project's potential to cause growth -inducing impacts is considered less than significant. VI. Findings Regarding Alternatives Analyzed in the Draft Subsequent EIR . A. Alternative I — No Project The No Project Alternative, discussed in the Draft Subsequent EIR on pages 14.0- 5 through 14.0-8, involves no construction. Under this alternative, the Project Site would remain vacant and in its current condition. The No Project Alternative would result in a continuation of existing conditions at the Project Site; i.e., the Project Site would remain vacant and be a possible candidate for other development proposals, consistent with the City's current General Plan and zoning designations for the site. With regards to aesthetics, the Project would partially obstruct views of the adjacent Santa Rosa Mountains, whereas the No Project Alternative would result in no new aesthetic impacts. However, as explained above, the Project's impacts to aesthetics are less than significant. As such, Alternative 1 would not avoid or substantially lessen any significant aesthetic impacts. Under the No Project Alternative, there would be no change in air quality Page 57 of 73 (00033955 DOC; 1) 4 30 3 resulting from development at the site. No new source of stationary or mobile emissions would be implemented and no new sensitive receptors would be introduced onto the site. Implementation of the proposed Project would result in an increase in emissions and a significant air quality impact due to site grading operations during construction. Therefore, when compared to the proposed Project, Alternative 1 would reduce or substantially lessen significant air quality impacts. Under the No Project Alternative, the site would not experience any excavating activities that could unearth and interfere with historic artifacts or archaeological resources. In comparison, development of the site could unearth previously unknown archeological or historical resources. Nevertheless, even with the implementation of the Project, impacts related to cultural resources are expected to be less than significant or mitigated to a less -than -significant level. As such, Alternative 1 would not avoid or substantially lessen any significant impacts to cultural resources. Under the No Project Alternative, existing drainage, erosion and sedimentation patterns on the site would remain unaltered. Sediment carried by storm flows on the site could impact the surrounding drainage system. The Project would improve the site with drainage facilities. Therefore, the No Project Alternative could have a greater impact on storm water quality due to unrestricted flows. The No Project Alternative would not introduce potential pollutants, such as oils and other fluids, to the site'and thus would have a lesser impact related to the introduction of pollutants to the area compared to the proposed Project. Furthermore, the No Project Alternative would not contribute to the depletion of groundwater supplies. Nevertheless, even with the Project's implementation, these other potentially significant impacts (pollution and groundwater supplies) are expected to be less than significant. With regards to land use, under the No Project Alternative, the existing General Plan land use designation of Tourist Commercial (TC) and zoning designation of Tourist Commercial (CT) would remain in effect. The Project would change the land use designation to Resort Mixed Use (RMU) and the zoning designation to Tourist Commercial Residential Specific Plan Overlay Zone (CTIRSP) allowing the development of 290 multi -family dwelling units on the site. However, these land use impacts are expected to be less than significant. As such, Alternative 1 would not avoid or substantially lessen any significant land use impacts. Under the No Project Alternative, no new stationary or mobile noise sources would occur. Additionally, no new residents, which would be sensitive receptors to noise, would be introduced to the site. The proposed Project would permanently increase ambient noise levels in the area due to the addition of trips generated by the Project to streets in the vicinity. However, all impacts related to noise resulting from the Project's implementation are expected to be less than significant or mitigated to a less -than -significant level. As such, Alternative I would not avoid or substantially lessen any significant noise impacts. As for public services, under the No Project Alternative, demand within the City would not increase. The proposed Project would increase the demand for public services, but all impacts to such services are less than significant or mitigated to a less -than -significant level. As such, Alternative 1 would not avoid or substantially lessen any significant impacts to public Page 58 of 73 344 {00033855.DOC; I 4 services. With regards to public utilities, under the No Project Alternative, there would be no increases in water demand, wastewater, solid waste, or energy service requirements. The proposed Project would increase the demand for all these services. However, the Project's impacts to public utilities are less than significant. As such, Alternative 1 would not avoid or substantially lessen any significant impacts to public utilities. Finally, with regards to transportation and traffic, the No Project Alternative would not generate any new vehicle trips from the site. The proposed Project would result in less than significant project -level impacts with implementation of mitigation. However, the Project could result in significant and unavoidable cumulative traffic impacts if, and only if, the City does not fund and construct the identified intersection improvements in a timely manner. The No Project Alternative could potentially avoid such significant and unavoidable cumulative traffic impacts associated with the Project. It should be noted, however, that even without the implementation of the Project, several area intersections are already projected to operate at unacceptable levels of service during peak hours, as discussed above in Section III.G. Significantly, under the No Project Alternative, no impact fees would be generated to fund the necessary improvements, already needed under General Plan buildout, even without the proposed Project. As stated, the No Project Alternative could result in greater water quality impacts due to unrestricted flows and lack of drainage facilities. However, the No Project Alternative would avoid the significant Project impacts associated with construction emissions and cumulative increase to traffic. As such, the No Project Alternative would be environmentally superior to the proposed Project. However, by not developing the proposed Project at this site, the following General Plan and Project objectives would not be met: • High quality development which promotes the City's image as "The Gem of the Desert"; • A broad range of housing types and choices for all residents of the City; • Provide PGA West residents with the option to downscale from larger singlellfamily units to smaller multiElfamily units while retaining the PGA West lifestyle; • Provide luxury second or weekend homes within the destination communities of PGA West and the greater Coachella Valley; • Incorporate old world architecture and other design features that will complement the existing club facilities and residences within the PGA West community; and • Develop a gated, selfbcontained community within PGA West that will offer residents access to first class recreational facilities and amenities Page 59 of 73 q 3 it 5 100033855.DOC; 1} While the No Project Alternative is environmentally superior to the proposed Project, it would not meet any of the City's goals or objectives for the Project site. For this reason, and for the reasons set forth in the Statement of Overriding Considerations, this Alternative is rejected. B. Alternative 2 — Existing Approved Specific Plan Uses Alternative 2 involves development of the Project Site as a 6-story, 1,000 room resort hotel with specialty commercial retail uses, a fitness center, and hotel bungalows. With regards to aesthetics, Alternative 2 would develop a hotel building, which would have an elevation of 6 stories/65 feet, and hold 1,000 rooms. The proposed Project would have a maximum building height of 33 feet, and the clock tower — as revised by the Planning Commission — would be 33 feet. Construction of the hotel under Alternative 2 would result in a far greater obstruction of views of the Santa Rosa Mountains. Therefore, Alternative 2 would potentially have greater adverse impacts on scenic views as compared to the proposed Project. Construction of Alternative 2 would generate the same types of emissions during construction, and after occupancy, as the proposed Project. However, Alternative 2 would generate a greater quantity of construction emissions than the proposed Project due to the increase in land use intensity. Additionally, Alternative 2 would generate a greater quantity of operational emissions during both the summer and winter periods due to the much higher number of vehicle trips. Specifically, emissions of carbon monoxide (CO) would increase beyond the recommended threshold, thereby creating a significant impact. The Project would not result in significant operational air quality impacts. Therefore, Alternative 2 would have a greater impact on air quality than the proposed Project and could result in new significant impacts. Construction of Alternative 2 also has the potential to disturb unearthed archaeological or paleontological resources, similar to construction of the Project. The same mitigation measures would be applied to Alternative 2 as to the proposed Project, thereby reducing such impacts to less -than -significant levels. Therefore, Alternative 2 would result in equivalent impacts to cultural resources with mitigation. Alternative 2 would not avoid or substantially lessen any significant impacts to cultural resources. The proposed Project would result in less than significant hydrology impacts. Alternative 2 would include similar drainage facilities and provide similar improvements. Therefore, Alternative 2 would have equivalent impacts related to hydrology and water quality. As such, Alternative 2 would not avoid or substantially lessen any significant hydrology impacts. With regards to land use impacts, Alternative 2 would be consistent with the existing General Plan land use designations for the site, and no land use or zone designation changes would be required. However, Alternative 2 would introduce greater mass and scale to the site, and would have the potential for greater land use conflicts with the existing single- family character of the surrounding PGA West development. Land use impacts with the proposed Project are expected to be less than significant. Therefore, Alternative 2 could have Page 60 of 73 q 346 {00033855 DOC; 1 } greater land use impacts than the proposed Project The construction phase of Alternative 2 could result in greater temporary increases in noise and vibration levels due to the increase in land use intensity. Operation of Alternative 2 — on account of its volume -- would result in generally higher roadway noise levels in the Project area than would the proposed Project. In addition, on -site noise levels generated by Alternative 2 would be greater, insofar as resort hotel and commercial uses would likely be louder than the residential land uses planned by the proposed Project. Consequently, Alternative 2 would result in a greater permanent increase in noise levels. Alternative 2 would not increase school enrollment, library usage, or the use of existing public recreational facilities. However, Alternative 2 could result in a greater demand for fire and police protection services due to the increased intensity of uses on the site, which would result in a dramatic increase in the number of individuals using the site. The Project would result in less than significant public services impacts. Therefore, Alternative 2 would not avoid or substantially lessen any significant public services impacts. Due to the increased intensity of uses on the site, Alternative 2 would result in higher daily water and energy consumption, and increased wastewater and solid waste generation, when compared to the proposed Project. Therefore, Alternative 2 would result in a greater impact to public utilities. Alternative 2 would result in 8,777 more daily trips than the Project, and thus would have a greater impact on area intersections. The cumulative impacts associated with unfunded improvements would also occur with this alternative, and could necessitate the construction of additional improvements to accommodate the greater number of trips. Therefore, Alternative 2 would result in greater project level impacts, which could be significant, and would also increase the severity of the significant and unavoidable cumulative impacts associated with the Project. In sum, implementation of Alternative 2 would result in greater impacts to aesthetics, air quality, land use, noise, police and fire protection, public utilities and traffic. Alternative 2 would result in lesser impacts to public services, since the hotel and commercial space would not directly introduce residents to the City of La Quinta. Since Alternative 2 would not avoid or substantially lessen the significant air quality and traffic impacts associated with the Project, and since Alternative 2 would generally increase impacts, Alternative 2 would not be environmentally superior to the proposed Project. Additionally, by implementing Alternative 2, the following General Plan and Project objectives would not be met: • The maintenance and protection of residential neighborhoods to assure that future housing needs are met; • A broad range of housing types and choices for all residents of the City; Page61 of73 4 347 (00033855 DOC, I! • Provide PGA West residents with the option to downscale from larger single- family units to smaller multi -family units while retaining the PGA West life style; • Provide luxury second or weekend homes within the destination communities of PGA West and the greater Coachella Valley; and Develop a gated, self-contained community within PGA West that will offer residents access to first class recreational facilities and amenities. Alternative 2 is not environmentally superior to the proposed Project, and it would not meet the City's goals or objectives for the Project site. Moreover, it would not avoid or substantially lessen the significant impacts associated with the Project. For these reasons, and for the reasons discussed below in the Statement of Overriding Considerations, this Alternative is rejected. C. Alternative 3 — Reduced Density 1 Alternative 3 would eliminate the second stories of 27 Manor Homes, which are located along the northern boundary of the Project Site. As a result, these Manor Homes would be duplex units instead of triplex units. This would reduce the overall unit count to 265 units. With regards to aesthetics, due to the removal of the second stories of the 27 Manor Homes, Alternative 3 would incrementally reduce the visibility of the Manor Homes from viewing locations generally north of the site and near the Project Site. However, removal of these units would not reduce the overall height of the Project because the Manor Homes immediately behind these 27 units would remain two-story structures. Therefore, Alternative 3 would not substantially change views of the nearby Santa Rosa Mountains. Overall, Alternative 3 could have an incrementally lower aesthetic impact, but the proposed Project's aesthetic impacts are also expected to be less than significant. As such, Alternative 3 would not avoid or substantially lessen any significant aesthetics impacts. Alternative 3 would generate the same types of emissions during construction, and after occupancy, as the proposed Project. The quantity of construction emissions would be incrementally lower, due to the removal of 27 units. However, construction emissions would still be significant due to site grading, which is required to the same extent for both the proposed Project and Alternative 3. Since the number of dwelling units would decrease by 27 units under Alternative 3, trip generation, and associated mobile source emissions, would also decrease. Moreover, Alternative 3 would generate incrementally lower quantities of operational emissions during both the summer and winter periods. Therefore, Alternative 3 would result in a lower impact to air quality. Nevertheless, the proposed Project would result in less than significant operational air quality impacts. Therefore, Alternative 3 would not avoid or substantially lessen any significant air quality impacts. Page 62 of 73 {00033855.DOC; I } 4 3 Y The extent of excavation and grading activity required under Alternative 3 and the proposed Project would be the same. Therefore, the potential to unearth cultural resources beneath the site would be the same under either development scenario. The same mitigation measures applied to the proposed Project would also be applied to Alternative 3, which in both events, would result in less than significant impacts. Alternative 3 would result in equivalent impacts to cultural resources with incorporation of mitigation. As such, Alternative 3 would not avoid or substantially lessen any significant impacts to cultural resources. Both Alternative 3 and the Project would increase impervious surface area on the site, improve the site with drainage facilities, and introduce urban pollutant constituents into runoff from the site. As discussed above, the proposed Project would result in less than significant hydrology impacts. Alternative 3 would be expected to design similar drainage facilities, and provide similar improvements to the Project site. Therefore, Alternative 3 would have equivalent impacts related to hydrology and water quality. Just as with the proposed Project, implementation of Alternative 3 would require General Plan land use and zoning designation changes in order to allow the development of residential units on a site. Alternative 3 would result in the same land uses as the Project, with an approximately 9 percent reduction in the total number of units. The density of Alternative 3 would be approximately 6 units per acre, which is slightly less than the density of the proposed Project (7 units per acre). Nevertheless, both densities are consistent with the densities of PGA West, which range from 5 to 8 units per acre. But, since the density, total number of units and heights of the Manor Homes would be incrementally reduced, Alternative 3 would result in marginally lower land use impacts than the proposed Project. Nevertheless, as discussed, the Project would not result in any significant land use impacts. Therefore, Alternative 3 would not avoid or substantially reduce any significant land use impacts. Due to the construction of 27 fewer units, Alternative 3 would result in marginally lower construction noise impacts than those generated by the proposed Project. Similar to the proposed Project, operation of Alternative 3 would generate roadway noise due to vehicle trips along PGA Boulevard and other roadways in the Project area. Since the number of dwelling units would be reduced under Alternative 3, the number of daily trips, and associated mobile source noise levels, would also generally decrease. Nevertheless, as discussed, the proposed Project would result in less than significant noise impacts. Therefore, Alternative 3 would not avoid or substantially lessen any significant noise impacts. Under Alternative 3, the number of residents added to the City would decrease from approximately 832 to 755 residents; a 9 percent reduction. Therefore, the demand for public services would be approximately 9 percent less than the proposed Project. Nevertheless, as discussed, the proposed Project would result in less than significant impacts related to all public services. Therefore, Alternative 3 would not avoid or substantially lessen any significant public services impacts. Since Alternative 3 would reduce the number of dwelling units, impacts associated with the provision of public utilities would also be reduced. As such, Alternative 3 would result in a decreased demand for public utilities, and would result in lower impacts than Page 63 of 73 4 30 9 (00033855.DOC; 1) those associated with the proposed Project. Nevertheless, as discussed, the proposed Project would result in less than significant impacts related to public utilities. Therefore, Alternative 3 would not avoid or substantially lessen any significant public utilities impacts. As mentioned, Alternative 3 would result in fewer residents, and as a result, would generate fewer daily trips than the proposed Project. The reduction of approximately 158 trips would reduce the impact to Project area intersections by about 9 percent. Therefore, Alternative 3 would result in lower Project level impacts related to traffic. Nevertheless, as discussed above, the proposed Project would not result in a significant Project -level traffic impacts with the implementation of mitigation. If the City fails to fund and construct certain intersection improvements through the City's DIF program, the proposed Project could result in significant and unavoidable cumulative traffic impacts. Despite Alternative 3's reduction in the number of daily trips, its cumulative traffic impacts would also remain significant and unavoidable if the necessary intersection improvements are not constructed in a timely manner. Alternative 3 would add at least 10 peak hour trips to critical intersections and is projected to cause a significant Level of Service (LOS) change. Finally, it should be noted that even without the implementation of the Project or Alternative 3, several area intersections are already projected to operate at unacceptable levels of service during peak hours, as discussed above in Section III.G. Nevertheless, since Alternative 3 would decrease the number of daily trips by 158 trips, implementation of Alternative 3 could incrementally lessen the significant cumulative traffic impact. Alternative 3 would reduce impacts to aesthetics, air quality, land use, noise, public services, public utilities and traffic. Alternative 3 would lessen, but not avoid, the significant and unavoidable cumulative traffic impact. By completing a project with 27 fewer units at this site, the following Project objectives would be met, but not to the same extent as the Project would meet them: • A broad range of housing types and choices for all residents of the City; • Provide PGA West residents with the option to downscale from larger single- family units to smaller multi -family units while retaining the PGA West life style; and • Provide luxury second or weekend homes within the destination communities of PGA West and the greater Coachella Valley. While Alternative 3 is marginally environmentally superior to the proposed Project, it would not meet the City's goals or objectives for the Project site as effectively as the proposed Project. Moreover, it would not avoid or substantially lessen the significant impacts associated with the Project. Furthermore, based on the financial feasibility data and memorandum supplied by the Applicant, the reduction in units under this alternative would substantially reduce the revenue generated by the Project without a corresponding reduction in costs, thus reducing the projected profits to a level insufficient to justify the cost and risk of proceeding with the Project. Page 64 of 73 100033855.DOC; I } 350 a Therefore, in light of this financial feasibility information, as well as the risks and uncertainties associated with the residential real estate market, the City finds that Alternative 3 is not financially feasible to develop. For these reasons, and for the reasons discussed in the Statement of Overriding Considerations, this Alternative is rejected. D. Alternative 4 — Reduced Density 2 Alternative 4 would reduce the development density of the proposed Project from 7 dwelling units per acre to 4 dwelling unit per acre for a total reduction of 123 units out of the total 290 units proposed. Therefore, under Alternative 4, a maximum of 167 dwelling units would be developed on the Project Site. All dwelling units would be single-family detached units. According to Title 9, Zoning, Chapter 9.50, Residential Development Standards of the City's Municipal Code, a maximum building height of 28 feet/2 stories applies to Low Density Residential development. Alternative 4 would decrease the development density on the site, and no building would exceed 28 feet in height. The proposed Project would include (i) 79 Courtyard Homes, with building heights ranging from 17 to 25 feet; (ii) 83 Manor Homes, with building heights of 27 feet; (iii) 129 Village Homes, with a maximum building height of 33 feet; and (iv) a clock tower, with a height of 33 feet. As discussed above, the Courtyard and Manor Homes located along the perimeter of the site would be the most visibly prominent structures under the proposed Project. However, since the maximum building heights of those units (17 to 27 feet) are comparable to the maximum building height under Alternative 4 (28 feet), views of the Project Site perimeter from off -site vantage points would remain similar under both development scenarios. However, the mass of the single-family residential structures under Alternative 4 would be lower than the mass of the multi -family and single family attached structures proposed by the Project. Additionally, light and glare impacts under Alternative 4 would be less than those under the proposed Project due to the reduction in the total number of units. Furthermore, the decrease in trip generation would decrease the frequency of passing vehicle headlights. Nevertheless, as discussed above, the proposed Project would result in less than significant impacts to aesthetics. For this reason, Alternative 4 would not avoid or substantially lessen any significant aesthetics impacts. Alternative 4 would generate the same types of emissions during construction as the proposed Project. The quantity of construction emissions would be lower under this alternative due to the overall reduction in project scale. However, air quality impacts related to construction would still be significant due to site grading, which is required to the same extent for both the Project and Alternative 4. Since the number of dwelling units would decrease from 290 to 167 units under Alternative 4, trip generation and associated mobile source emissions would also decrease. Therefore, Alternative 4's operation would result in a lesser impact to air quality. Nevertheless, Alternative 4 would not avoid or substantially lessen the significant and unavoidable air quality impacts related to construction emissions. Page 65 of 73 351 {00033855.COC, 1} 9 The extent of excavation and grading activity required under Alternative 4 and the proposed Project would be the same. Therefore, the potential to unearth cultural resources beneath the site would be the same under either development scenario. The same mitigation measures applied to the proposed Project would be applied to Alternative 4. Therefore, Alternative 4 would result in equivalent impacts with incorporation of mitigation, and would not avoid or substantially lessen any significant impacts to cultural resources. Both Alternative 4 and the Project would increase impervious surface area on the site, improve the site with drainage facilities, and introduce urban pollutant constituents into runoff from the site. Since the density of Alternative 4 would decrease to 4 units per acre, Alternative 4 would have greater areas of pervious surfaces, and would generate lower storm flows and fewer pollutants. Therefore, this alternative would marginally decrease impacts associated with hydrology and water quality. Nevertheless, as discussed, the proposed Project would result in less than significant hydrology and water quality impacts. For this reason, Alternative 4 would not avoid or substantially lessen any significant impacts to hydrology and water quality. Similar to the proposed Project, implementation of Alternative 4 would require General Plan land use and zoning designation changes in order to allow the development of residential units on the Project site. Alternative 4 would develop single-family detached units, whereas the proposed Project would develop single-family attached and multi -family unit structures. Since the majority of PGA West contains single-family detached units, Alternative 4 would be somewhat more consistent with surrounding land uses within PGA West. Additionally, the decrease in density, total number of units and building heights would further reduce land use impacts. Nevertheless, as discussed above, the Project would not result in any significant land use impacts. Therefore, Alternative 4 would not avoid or substantially reduce any land use impacts. Due to the overall reduction in scale, Alternative 4 would result in marginally lower construction noise impacts than those generated by the proposed Project. Similar to the proposed Project, operation of Alternative 4 would generate roadway noise due to vehicle trips along PGA Boulevard and other roadways in the Project area. Since the number of dwelling units would be reduced under Alternative 4, the number of daily trips and associated mobile source noise levels would also generally decrease. However, the difference in noise levels would not exceed 0.1 decibels. Therefore, roadway noise levels under Alternative 4 would be comparable to those associated with the Project. Nevertheless, since construction noise would be incrementally reduced, noise impacts under Alternative 4 would be incrementally lower. But, as discussed above, the proposed Project would result in less than significant noise impacts. For this reason, Alternative 4 would not avoid or substantially lessen any significant noise impacts. Under this alternative, the number of residents added to the City would decrease from approximately 832 to approximately 476; an approximately 43 percent decrease. The demand for public services would also decrease by approximately 43 percent under Alternative 4. As such, this alternative would have a lower impact to public services than the proposed {00033855.DOC; l} Page 66 of 73 9 352 Project. Nevertheless, as discussed above, the Project would result in less than significant impacts related to all public services, and therefore, although Alternative 4 would reduce the severity of impacts, it would not avoid or substantially lessen any significant public services impacts. Since Alternative 4 would reduce the number of dwelling units, impacts associated with the provision of utilities to serve this alternative would also be reduced, particularly when compared to the proposed Project. Nevertheless, as discussed above, the proposed Project would result in less than significant impacts related to public utilities. Therefore, Alternative 4 would not avoid or substantially lessen any significant impacts to public utilities. Alternative 4 would result in fewer residents, and as a result, would generate fewer daily trips than the proposed Project. The reduction of approximately 113 trips would reduce the impact to Project area intersections. Therefore, Alternative 4 would result in incrementally lower Project level impacts related to traffic but would also generate lower DIF fees to fund needed improvements. Overall, as discussed above, the proposed Project would not result in a significant Project -level traffic impacts with the implementation of mitigation. If the City fails to fund and construct the necessary intersection improvements in a timely manner, the proposed Project could result in significant and unavoidable cumulative traffic impacts. Despite Alternative 4's reduction in the number of daily trips, its cumulative traffic impacts would also remain significant and unavoidable under these circumstances. Finally, it should be noted that even without the implementation of the Project or Alternative 4, several area intersections are already projected to operate at unacceptable levels of service during peak hours, as discussed above in Section III.B. Nevertheless, since Alternative 4 would decrease the number of daily trips by 113 trips, implementation of Alternative 4 would potentially reduce this significant cumulative traffic impact. Alternative 4 would reduce impacts associated with aesthetics, air quality, hydrology and water quality, land use, noise, public services, public utilities and traffic. However, even with these reductions, the significant and unavoidable impacts associated with the Project (air quality as a result of construction emissions and cumulative traffic) would remain significant and unavoidable under Alternative 4. Additionally, Alternative 4, which would develop single-family detached units instead of multi -family units, would fail to meet the following General Plan and Project objectives: • A broad range of housing types and choices for all residents of the City; and • Provide PGA West residents with the option to downscale from larger single- family units to smaller multi -family units while retaining the PGA West life style. Page 67 of 73 9 353 {00033855 DOC; I} ^ While the Alternative 4 is marginally environmentally superior to the proposed Project, it would not meet the City's goals or objectives for the Project site. Moreover, it would not avoid or substantially lessen the significant and unavoidable impacts associated with the Project. Furthermore, based upon the financial feasibility data and memorandum supplied by the Applicant, the significant reduction in units under this alternative would substantially reduce the revenue generated by the Project, without a corresponding reduction in costs, thus reducing projected profits to a level insufficient to justify the cost and risk of proceeding with the Project. In fact, given the additional time that would be required to redesign the Project, and given the slower projected absorption rate for single family homes, the costs under this alternative actually increase, while revenue decrease, resulting in a projected loss of several million dollars. Therefore, in light of this financial feasibility information, as well as the risks and uncertainties associated with the residential real estate market, the City finds that Alternative 4 is not financially feasible to develop. For these reasons, and for the reasons discussed in the Statement of Overriding Considerations, this Alternative is rejected. E. Alternative 5 — Reduced Height Alternative 5 would eliminate the third level rooms from several of the Village Homes and would reduce the height of, or eliminate, the clock tower (the Planning Commission has recommended, and the Applicant has already accepted, a reduction in the height of the clock tower to 33 feet). Similar to the proposed Project, Alternative 5 would develop 290 dwelling units. Under Alternative 5, removal of the third stories from Village Homes would decrease the ridge line heights of those units from approximately 33 feet to 27 feet. This height of 27 feet would be equivalent to the ridge line height of the two-story Village Homes. Additionally, Alternative 5 would decrease the height of, or eliminate, the clock tower. As explained above, the Draft Subsequent EIR's aesthetics analysis determined that views of these structures would largely be shielded due to the intervening Courtyard and Manor Homes, and on account of the site's topography. Therefore, although Alternative 5 would reduce the height of the Village Homes and the clock tower, this modification would not substantially alter views associated with the proposed Project. Light and glare impacts under Alternative 5 would also be similar to those under the Project. Since the Project would result in less than significant aesthetics impacts, Alternative 5 would not avoid or substantially lessen any significant aesthetics impacts. The number of residents added to the City would be the same under both the Project and Alternative 5, since both would develop 290 dwelling units. Therefore, the demand for fire, police, school, library, and recreational services would be similar under both scenarios. Following mitigation, impacts to public services would be less than significant under both scenarios. Since the footprint and number of dwelling units would be the same under both the proposed Project and Alternative 5, all other potential impacts would be the same for both Alternative 5 and the proposed Project. Page 68 of 73 s J 100033855.DOC; 11 Since Alternative 5 would develop 290 multi -family dwelling units, it would achieve the General Plan's goals and Project objectives in the same way as the proposed Project. However, Alternative 5 would not avoid or substantially lessen any of the significant effects of the proposed Project, and therefore, this Alternative is not environmentally superior to the proposed Project. F. The Environmentally Superior Alternative The CEQA Guidelines require that an environmentally superior alternative to the Project be identified in an EIR. The CEQA Guidelines also require that "if the environmentally superior alternative is the `no project' alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives." CEQA Guidelines Section 15126[e][2]. In general, the environmentally superior alternative minimizes adverse impacts to the environment, while still achieving the basic project objectives. In order to determine the environmentally superior alternative among the other the alternatives examined in this Section, environmental impacts were compared using analyses from the Project impact sections of the resource areas analyzed in the subsections of Sections III, IV and V of the Draft Subsequent EIR. There are similar potential environmental impacts with both the Project and each of the Project alternatives. Based on the magnitude of the impacts associated with the Project and the alternatives examined, Alternative I (the "No Project Alternative") would be the environmentally superior alternative because it would not result any new impacts whatsoeverl. However, Alternative 1 would not meet several of the basic objectives of the Project, which generally include (i) obtaining land use compatibility throughout the City; (ii) creating a high quality development which promotes the City's image as "The Gem of the Desert'; (iii) protecting the natural environment; (iv) maintaining and protecting residential neighborhoods to assure that future housing needs are met; (v) providing a broad range of housing types and choices for all residents of the City; (vi) providing a balanced and varied economic base, which creates a broad range of goods and services to the City's residents and region. Additional Project objectives would also not be met by the implementation of Alternative 1, including (a) providing PGA West residents with the option to downscale from larger single-family units to smaller multi -family units while retaining the PGA West life style; (b) providing luxury second or weekend homes within the destination communities of PGA West and the greater Coachella Valley; (c) incorporating old world architecture and other design features that will complement the existing club facilities and residences within the PGA West community; and (d) developing a gated, self-contained community within PGA West that will offer residents access to first class recreational facilities and amenities. While Alternative 1 is considered to be the environmentally superior alternative, it t Although the No Project Alternative would not create any new impacts, it mayy, by leaving the Project site as -is, result in hydrology and water quality impacts, on account of sediment carried by storm flows on the site, which could impact the surrounding drainage system. The Project, and each of the other alternatives, would eliminate this potential hydrology and water quality impact, on account of the drainage facility improvements that would be reyired in connection with their respective approvals. In addition, the No Project Alternative could delay funding and implementation of the needed intersection improvements, including a traffic signal at Jefferson Street and Avenue 54, which will be installed prior to any occupancy of the proposed Project. Page 69of73 q 355 100033855.DOC: 1 } does not meet any of the Project's basic objectives, and in addition, it is not considered economically feasible because it would not allow for development of the site. As a result, Alternative 1 is hereby rejected. The CEQA Guidelines require that if the environmentally superior alternative is the "no project" alternative, the FIR must identify an environmentally superior alternative among the other alternatives. Outside of the No Project Alternative, the next most environmentally superior alternative is Alternative 4, Reduced Density 2. Alternative 4 would develop 167 single-family detached residential units, which amounts to a reduction of 123 homes, as compared to the proposed Project. As a result of its reduced density, this Alternative would generate fewer daily trips, thereby reducing traffic impacts. However, while Alternative 4 would reduce traffic impacts, it would not avoid the significant and unavoidable cumulative traffic impacts associated with the Project. Additionally, air quality impacts attributable to the Project's construction would not be avoided or substantially reduced under Alternative 4. Rather, air quality impacts related to construction would still be significant due to site grading, which is required to the same extent for both the Project and Alternative 4. Alternative 4 would reduce impacts to aesthetics, air quality, hydrology, land use, noise, public services and public utilities due to the decrease in the number of units, building height, Project population and density, but it would not substantially lessen or avoid any of the Project's significant and unavoidable impacts. In addition, on account of this density change and exclusive development of single-family units, Alternative 4 would not meet the following Project objectives: (i) provide a broad range of housing types and choices for all residents of the City; and (ii) provide PGA West residents with the option to downscale from larger single-family units to smaller multi -family units while retaining the PGA West lifestyle. Finally, Alternative 4 is not economically feasible, as explained above. Page 70 of 73 356 100033855.DOC; 1 } EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS OF THE CITY COUNCIL FOR THE CITY OF LA QUINTA For the EDEN ROCK AT PGA WEST PROJECT SPECIFIC PLAN 83-002, AMENDMENT No. 6 Page 71 of 73 {00033855.DOC; I} 9 357 The Project will have some unavoidable significant adverse environmental impacts, as described in Section III of the CEQA Findings, including construction -related air quality impacts and potentially cumulative traffic impacts if the City does not fund and construct certain intersection improvements. For this Project, the City hereby adopts and makes this Statement of Overriding Considerations concerning the Project's unavoidable significant impacts, so as to explain why the Project's benefits override and outweigh its unavoidable impacts. The Draft Subsequent EIR for the Project recognizes that certain specified adverse environmental impacts may be caused by the approval and construction of the Project, which may not be mitigated to a level of insignificance by the application of feasible mitigation measures or alternatives to the Project. Despite the finding in the Draft Subsequent EIR that such unavoidable adverse environmental impacts may be caused by the Project, the City nevertheless finds, after a thorough review and consideration of such potentially adverse environmental impacts, that the economic, legal, social, technological and other benefits of the Project, as more specifically identified herein, outweigh those unavoidable adverse environmental impacts. Those impacts are therefore deemed to be acceptable to the City. Each of the benefits and objectives set forth below constitutes an independent overriding consideration, warranting approval of the Project despite its unavoidable impacts. Furthermore, the City finds that even if any other environmental impacts were determined to be significant, the City would nevertheless still find that such additional impacts are also outweighed by the Project's benefits and objectives, as stated below. In general, the site provides an appropriate location for the envisioned residential uses that will provide housing, recreation, and increased property tax and transient occupancy tax revenue opportunities to the City, its residents, and visitors, and include the following specific benefits: • Complete development of the PGA West Specific Plan with appropriate residential development that compliments the existing residential and recreational uses. • Generate transit occupancy tax revenue to the City, based upon the significant financial commitments set forth in the Development Agreement. • Generate development impact fees and other revenue to fund necessary infrastructure improvements within the City, including a traffic signal at Jefferson Street and Avenue 54. • Generate additional construction -related job opportunities within the City. • Provide a broader range of housing opportunities within the PGA West Specific Plan area. • Provide PGA West residents with the option to downscale from larger single-family units to smaller multi -family units while retaining the PGA West life style; • Provide luxury second or weekend homes within the destination communities of PGA Page 72 of 73 p {00033855.DOC, 1} 9_, O West and the greater Coachella Valley; • Incorporate old world architecture and other design features that will complement the existing club facilities and residences within the PGA West community; and • Develop a gated, self-contained community within PGA West that will offer residents access to first class recreational facilities and amenities. In addition, the Project is consistent with the City General Plan's growth and development concepts and goals, including the following points that support additional public benefits resulting from the Project: • Land use compatibility throughout the City; • High quality development which promotes the City's image as "The Gem of the Desert"; • Protection of the natural environment; • The maintenance and protection of residential neighborhoods to assure that future housing needs are met; • A broad range of housing types and choices for all residents of the City; and • A balanced and varied economic base, which provides a broad range of goods and services to the City's residents and region. This Statement of Overriding Considerations is based upon all documents and records contained within the City's files with respect to the Project, including but not limited to the entire record of proceedings as defined in Section ILC of the City's CEQA Findings. Page 73 of 73 3 5 J A , {00033855.DOC, I} ^ CITY OF LA QUINTA MITIGATION MONITORING PROGRAM FOR CEOA COMPLIANCE DATE: April 1, 2008 ASSESSORS PARCEL NO: 775-220-021 CASE NO.: General Plan Amendment 2006-107 PROJECT LOCATION: Within the original PGA West Specific Plan Zone Change 2006-127 area, 292 condominium/townhome units located on a 41.95-acre parcel, Specific Plan 83-002, Amendment #6 bounded on the south and west by PGA Boulevard, on the north by the TPC Tentative Tract 33226 Stadium Golf Course, and on the east by the Stadium Golf Clubhouse. Site Development Permit 2006-852 Development Agreement 2006-011 EA/EIR NO: SCH 2O07061056 APPROVAL DATE: April 1, 2008 APPLICANT: Crowne Pointe Partners, LLC THE FOLLOWING REPRESENTS THE CITY'S MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE ENVIRONMENTAL IMPACT REPORT FOR THE ABOVE CASE NUMBERS 5.0 AIR QUALITY SUMMARY MITIGATION RESPONSIBLE FOR TIMING CRITERIA COMPLIANCE DATE MEASURES MONITORING CHECKED BY Short-term Construction 1. Developer to prepare Construction Public Works Dept. Prior to grading Traffic Control; Traffic Emission Management Planning Dept. grading plan Plan reviews 2. Contractor shall suspend use of all Public Works Dept. During all grading and Site inspections construction equipment during 1" Building and Safety Dept. construction stage smog alerts 3. Contractor shall install wind Public Works Dept. During plan review and FDCP; Grading monitoring equipment on site as Building and Safety Dept. construction plan reviews. feasible Suspend grading when rT winds exceed 25 mph. iC 4. Contractor to maintain all Planning Dept. During construction Submit monthly construction equipment to Public Works Dept maintenance 0 4 o cw U G a U a U G n: U q a U C q o Q q q q ,o ,o ,o ,o4,5 > GL N CL 6 a O O o ca c a0 ac, a v a 0 1:14':: oq b A � a G C � °A b 'b a3i v v v a3i a 5b 4• a a a a a Q w w qw Qw aC. a[. i Q Q A A A Q CO A� ALI) QCl) ALn A o Q o ro o o o o m o 3 �3 to �3 c 3 to 3bb 3 3 b 0 'E w d b ctl 4i4❑ 0 a o 0 0 o a; o n m r o a o w U d> co,o uU o � o o mQU a� o U L ccw N v, v `" yw.wi� �•,C abi ie ro o a� a a N a c ca o 0 0 0 0 „ v b U t4 U U y cti F +1 N cn u stly� W F C A W ,Ti pa zU y a U UU w 0 v a o u w b C O G� oq y C F is •O � � �O O CL C i3 n1 O O CG o o� o� o o bq b o a a a 0 O a a A o a 0 aC. F U w w w � � c3 c �3 c �3 G c c ❑� ❑�❑ � � o b bi 04'Y 'G P 011 u pia P b o ob O �w o.b rob U itl F, b OO OO R bO0 � 'b0. qpp O G ..Gs.. !LGrw VO pcd 10 '> a bb — 'wN UO 'N D G? b C CCC O. j � •—. ctl b P O V .b P� E OO N �' t"O 0 0� v N N U b P N ao� U�a� va �aaaa' a°��'c° �aca•C cn ri ri 16 c-� 362 363 W F C A W�W �C Gai U UU .C-1 � � v G i� a>i a�i a>i 0 a>i a�i 0 5. to t U a C by 0 u O 0 O ctl ,d oD O« v C bD O m �v v mm U '6�m U ern U mm CO O U U U 0 U O O O O izy yy G yy ❑ F O U O U y O C C C C w b0 O O O O C to tb C C G G C d a a T p, a W N W 4 O IN L Q W V Q W c Q � . c Q INaW � .� U y Q o 'a o o o Q Ca o o o az tp m 003 �3 tp �� 3 b� b'� b•� b�'� b'� b'� b� W a W a W a GOa.a GOa W a Gqa cl Z U c o O 4 cy U C y p C �a p bA 0 0. C. �,O y O p ,� C O O y" U ,� -070 .U. '�y� W �A p a� is y v ..O •� '+ q � C o U u, � a"i y � � > p, a w °� � y a ram' C v, �C� _ �Uby C `� C y � wC 'vi � 'd �'ti>bo O •C v •G' aaC. y U a) yo�� 'd m v � U 0 0 ,r � U C N M 7 V O 64 2 ) ) \ .§ \ / ] ) \ ) \ \ \ \ \ \ ƒ V) \ cn ƒ\ (/ E2 G23 E2 \ m B$\ `�_ to\§ \)\\ \) &00 §)\ \uz uxu \E)2 as 27) od \� q \\ j \\ aae ) E (§ \ &§ ) \) / � �7 t s( e� \ /( )' ) § �\\ 365 \ \� ; \\ )#\.\ E\k\})\\\\\ B \ ) /= k) ^§ ! § ® $ } } \ ) c Qom§ t 2 } \ \ 3 CA o§ 7 \} ) )§ 2 } $ ) t = § ) [ \�\}»\ aa(_�;\_ (d ) 14 "Ito \\k\\ 22 j±e©tea]-.§/§\\)42 �j(\\n \ CI-4 )* �*3//g]&a2a35 4 /g©wae4§ &-aea- 7 t /]j/bD t 366 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A GENERAL PLAN AMENDMENT FROM TOURIST COMMERCIAL TO RESORT MIXED USE FOR THE PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: GENERAL PLAN AMENDMENT 2006-107 APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 151 day of April, 2008, hold a duly -noticed Public Hearing to consider approval of General Plan Amendment 2006-107, to allow a 264-unit residential condominium and townhome project, including a guard gatehouse, two common area pools and other recreational amenities (hereinafter "Project"), on ±42 acres, located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, said General Plan Amendment was filed concurrently with a Zone Change, Specific Plan Amendment, Tentative Tract Map, Site Development Permit and a Development Agreement, in whole representing the development permit application for the Project as contemplated; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 8' day of January, 2008, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on General Plan Amendment 2006-107, and did in fact adopt Planning Commission Resolution 2008-001, recommending approval of the Project to the La Quinta City Council; and, WHEREAS, the La Quinta Planning Department has prepared a Subsequent Environmental Impact Report ("Draft SEIR"; State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. On January 8, 2008, the Draft SEIR was presented to the La Quinta Planning Commission, which reviewed q 367 Resolution No. 2008- General Plan Amendment 2006-107 Eden Rock at PGA West - Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 2 and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications; and, WHEREAS, the La Quinta Planning Department did publish City Council Public Hearing notices in The Desert Sun newspaper, on the 26`h day of January, 2008, as prescribed by the La Quinta Municipal Code, and, on February 13 and 14, 2008, did also send a notice of postponement of the scheduled February 19, 2008 City Council hearing, to April 1, 2008, with said hearing and postponement notices mailed to all property owners within 500 feet of the property in question, as well as to all other property owners within the boundaries of the PGA West Specific Plan area; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of the General Plan Amendment: 1. The land use designation of Resort Mixed Use is consistent with those goals, objectives and policies of the General Plan which are not being amended. The Resort Mixed use designation is appropriate for the project site, as it requires a minimum 20-acre site, allows a full range of resort commercial and residential uses, and a broad range of housing types and choices for City residents, as set forth in the goals and policies of the La Quinta General Plan Land Use Element. 2. The land use designation of Resort Mixed Use will not create conditions materially detrimental to the public health, safety and general welfare. Development of the site as a residential use, while at a higher density than the residential properties immediately surrounding the site, will not significantly impact quality of life for area residents. The project application for a 264-unit residential condominium/townhome development, of one and two-story structures, is determined not to be a detriment to the community, when compared to existing entitlements which would allow up to a 1,000- room hotel consisting of six stories, conference center and 100,000 square feet of resort retail use for the site. 3. The proposed General Plan Amendment, from Tourist Commercial to Resort Mixed Use, is compatible with the land use designations on surrounding properties. Under the Resort Mixed Use (RMU) land use designation, hotel and residential mixed -use projects are permitted, similar to other projects 36S Resolution No. 2008- General Plan Amendment 2006-107 Eden Rock at PGA West - Crown$ Pointe Partners, LLC Adopted: April 1, 2008 Page 3 such as La Quinta Resort and Club, and the Centre Pointe development. The RMU designation permits mixed -use developments that include single and multi -family residential, condominium development, as well as uses designated under the Tourist Commercial land use designation. The overall development density of 6.3 units per net acre is comparable to existing single and multi -family residential development within PGA West, which, when based on net density, ranges approximately between four to seven units per net acre in certain areas of PGA West. 4. The proposed General Plan Amendment, from Tourist Commercial to Resort Mixed Use, is suitable and appropriate for the property involved, due to the resort character of the proposed development, the original design of the site, and PGA West in its entirety, for a planned hotel use on the proposed property. Land use approvals and marketing for PGA West have been planned for the project build -out since the original PGA West approval in 1984, and deemed consistent with the La Quinta General Plan. In the 20- plus years since approval of the hotel use, no physical development under that approval has occurred. The proposed Amendment is appropriate for the project site to develop with a land use more suitable to the development climate and more in keeping with the overall PGA West project theme as a residential golf resort. 5. The General Plan Amendment for Resort Mixed Use is warranted because the situation and general conditions of the property have substantially changed since the existing designation of Tourist Commercial was imposed. The Tourist Commercial land use designation was established on the subject property for the PGA West project in 1984, to be developed as a resort hotel. Market conditions, area development patterns, land costs, conversion of commercial land to residential use, and the general viability of the site as a hotel project have changed dramatically over the past 20-plus years. The Resort Mixed Use designation will provide a degree of land use flexibility in allowing both residential and commercial uses on the site, so as to respond to fluctuating marketing and economic conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 369 Resolution No. 2008- General Plan Amendment 2006-107 Eden Rock at PGA West - Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 4 2. That it does hereby grant approval of General Plan Amendment 2006-107, as referenced in the title of this Resolution, and illustrated in EXHIBIT "A", attached hereto this Resolution, and for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this the 151 day of April, 2008, by the following vote, to wit: AYES: Iki Is]*5 ABSENT: ABSTAIN: ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California LEE M. OSBORNE, Mayor Pro Tern City of La Quinta, California 0 370 EXHIBIT A RESOLUTION 2008- EDEN ROCK AT PGA WEST "TC" "RM GPA FROM "TC" TOURIST COMMERCIAL TO "RMU" RESORT MIXED USE-41.95 AC. GPA 2006-107 311 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP, FOR CERTAIN REAL PROPERTY GENERALLY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: ZONE CHANGE 2006-127 APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 81h day of January, 2008, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on Zone Change 2006-127, and did in fact adopt Planning Commission Resolution 2008-002, recommending approval to the La Quinta City Council; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 1' day of April, 2008, hold a duly -noticed Public Hearing to consider the recommendation of the Planning Commission on Zone Change 2006-127, to allow a 264-unit residential condominium/townhome project, including a guard gatehouse, two common area pools and other recreational amenities; and, WHEREAS, the La Quinta Planning Department has prepared a Subsequent Environmental Impact Report ("Draft SEIR", State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications; and WHEREAS, the Planning Department did publish a City Council Public Hearing notice in The Desert Sun newspaper, on the 26`h day of January, 2008, as prescribed by the La Quinta Municipal Code, and, on February 13 and 14, 2008, did also send a notice of postponement of the scheduled February 19, 2008 City Council hearing, to April 1, 2008, with said hearing and postponement notices mailed to all property owners within 500 feet of the property in question, as well as to all other property owners within the boundaries of the PGA West Specific Plan area; and, 4 372 Ordinance No. Zone Change 2006-127 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 2 WHEREAS, at said Public Hearing held April 1", 2008, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of Zone Change 2006-127: 1. The zoning designation of Tourist Commercial/Residential Specific Plan Overlay (TC/RSP) is consistent with the goals, objectives and policies of the General Plan. The proposed General Plan land use designation of Resort Mixed Use is appropriate for the project site, as it requires a minimum 20- acre site, allows a full range of resort commercial and residential uses, and a broad range of housing types and choices for City residents, as set forth in the goals and policies of the La Quinta General Plan Land Use Element. The TC/RSP Overlay, in conjunction with Amendment No. 6 to the PGA West Specific Plan, serves to implement the principles identified in the La Quinta General Plan, for the Resort Mixed Use land use category. 2. The zoning designation of TC/RSP Overlay will not create conditions materially detrimental to the public health, safety and general welfare. Development of the site as a residential use, while at a higher density than the residential properties surrounding the site, will not significantly impact quality of life for area residents. The revised project application for a 264- unit residential condominium/townhome development, consisting of one and two-story structures, is determined not to be a detriment to the community, based on the Subsequent Environmental Impact Report prepared for the proposed Project. 3. The zoning designation of TC/RSP Overlay is compatible with the designations on adjacent property. Under the Tourist Commercial zoning designation, combined with the Residential Specific Plan Overlay, residential mixed -use projects are permitted. The TC/RSP Overlay designation permits mixed -use developments that include single and multi -family residential, condominium development, as well as uses designated under the Tourist Commercial land use designation. The development density of 6.3 units per net acre is comparable to existing single and multi -family residential development within PGA West, which, when based on net density, averages approximately between four to seven units per net acre in certain areas of PGA West. 4. The zoning designation of TC/RSP Overlay is suitable and appropriate for the property involved, due to the resort character of the proposed development, A 373 Ordinance No. Zone Change 2006-127 Crowns Pointe Partners, LLC Adopted: April 1. 2008 Page 3 the original design of the site, and PGA West in its entirety, for a planned hotel use on the proposed property. Land use approvals and marketing for PGA West have been planned for the project build -out since the original PGA West approval in 1984, and deemed consistent with the La Quinta General Plan. In the 20-plus years since approval of the hotel use, no physical development under that approval has occurred. The proposed Amendment is appropriate for the project site to develop with a land use more suitable to the current development climate and more in keeping with the overall PGA West project theme as a residential golf resort. 5. The zoning designation of TC/RSP Overlay is warranted because the situation and general conditions of the property have substantially changed since the existing designation of Tourist Commercial was imposed. The Tourist Commercial zoning designation was imposed for the Project site within PGA West in 1984, as a resort hotel. Market conditions, area development patterns, land costs, conversion of commercial land to residential use, and the general viability of the site as a hotel project have changed dramatically over the past 20-plus years. The TC/RSP Overlay zoning designation will provide a degree of land use flexibility in allowing both residential and commercial uses on the site, so as to respond to fluctuating marketing and economic conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that it does ordain as follows: SECTION 1. PURPOSE: To rezone a portion of real property, from Tourist Commercial to Tourist Commercial/Residential Specific Plan, for ±42 acres, located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard. Said property is illustrated in Exhibit "A" attached hereto, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 SECTION 2. ENVIRONMENTAL: Zone Change 2006-127 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the City Council has certified has a Subsequent Environmental Impact Report ("Draft SEIR", State Clearinghouse #2007061056) in compliance with the 4 3744 Ordinance No. Zone Change 2006-127 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 4 requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was previously presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING: The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 1" day of April, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LEE M. OSBORNE, Mayor Pro Tern City of La Quinta, California ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) 3 7 , Ordinance No. Zone Change 2006-127 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 5 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Ouinta, California 4 376 Ordinance No. Zone Change 2006-127 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 6 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ► § CITY OF LA QUINTA 1 I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No._ that was introduced at a regular meeting on the `n day of 2008, and was adopted at a regular meeting held on the _`" day of 2008, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 2008- VERONICA MONTECINO, CIVIC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on 2008, pursuant to City Council Resolution. VERONICA MONTECINO, CIVIC, City Clerk City of La Quinta, California 317 EXHIBIT A ORDINANCE # EDEN ROCK AT PGA WEST NMTOIM "CT/RSP" ZONE CHANGE FROM "CT" TOURIST COMMERCIAL TO "CT/RSP" TOURIST COMMERCIAURESIDENTIAL SPECIFIC PLAN OVERLAY-- 41.95 ACRES ZC 2006-127 3'13 RESOLUTION NO.2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF AMENDMENT NO. 6 TO THE PGA WEST SPECIFIC PLAN, TO ALLOW A 264-UNIT RESIDENTIAL CONDOMINIUM/TOWNHOME PROJECT FOR THE PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: SPECIFIC PLAN 83-002, AMENDMENT NO. 6 APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 1 ST day of April, 2008, hold a duly -noticed Public Hearing to consider approval of a Specific Plan Amendment, to allow a 264-unit residential condominium/townhome project, including two common area pools and other recreational amenities, on ±42 acres located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, said Specific Plan Amendment was filed concurrently with a General Plan Amendment, Zone Change, Tentative Tract Map, Site Development Permit and a Development Agreement, in whole representing the development permit application for the project as contemplated; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 8`" day of January, 2008, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on Specific Plan 83-002, Amendment No. 6, to allow construction of a 290-unit residential condominium development of one, two and three-story structures, including a 7,122 s.f. clubhouse facility and 43.5-foot high clock tower (reduced to a maximum 33 feet high), and did in fact adopt Planning Commission Resolution 2008-003, recommending approval to the La Quinta City Council; and, WHEREAS, subsequent to the Planning Commission recommendation of January 8, 2008, the applicant proposed revisions to the Project, based on both written and oral testimony from residents of PGA West, as presented during the 379 Resolution No. 2008- Specific Plan Amendment 83-002, Amendment No. 6 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 1, 2008 Page 2 of 5 Planning Commission Public Hearing. Said revisions include: 1) a reduction in unit count from 290 to 264; 2) elimination of the third -story elements of the Village units with a reduction of maximum height from 33.6 feet, to 29.5 feet; 3) elimination of the 7,122 s.f. clubhouse facility and 43.5-foot high clock tower; and 4) the addition of a second common area pool and replacement of the 7,122 clubhouse with a smaller common pool and restroom/changing structure; and, WHEREAS, the Project revisions as described herein were determined by the Planning Department to be within the scope of the Planning Commission recommendation, and therefore do not require remanding for further review, as the changes serve to affect some of the Planning Commission concerns and condition recommendations, specifically in regard to height and density; and, WHEREAS, the La Quinta Planning Department has prepared a Subsequent Environmental Impact Report ("SEIR", State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications; and WHEREAS, said Project changes previously described herein were reviewed by the Planning Department pursuant to Section 15088.5 of the CEQA Guidelines, and it was determined that recirculation of the Draft SEIR was not required, as the changes would contribute to an overall reduction of the identified potential Project impacts; and, WHEREAS, the La Quinta Planning Department did publish a City Council Public Hearing notice in The Desert Sun newspaper, on the 26th day of January, 2008, as prescribed by the La Quinta Municipal Code, and, on February 13 and 14, 2008, did also send a notice of postponement of the scheduled February 19, 2008 City Council hearing, to April 1, 2008, with said hearing and postponement notices mailed to all property owners within 500 feet of the property in question, as well as to all other property owners within the boundaries of the PGA West Specific Plan area; and, WHEREAS, at said Public Hearing of April 1, 2008, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Specific Plan Amendment: 4 389 Resolution No. 2008- Specific Plan Amendment 83-002, Amendment No. 8 Eden Rock at PGA West - Crowne Pointe Partners, LLC April 1, 2008 Page 3 of 5 Amendment No. 6 to Specific Plan 83-002 (PGA West) is consistent with the goals, objectives and policies of the General Plan. The Resort Mixed Use designation is appropriate for the project site, as it requires a minimum 20- acre site, allows a full range of resort commercial and residential uses, and a broad range of housing types and choices for City residents, as set forth in the goals and policies of the La Quinta General Plan Land Use Element. 2. Amendment No. 6 to Specific Plan 83-002 (PGA West) will not create conditions materially detrimental to the public health, safety and general welfare. Development of the site as a residential use, while at a higher density than the residential properties surrounding the site, will not significantly impact quality of life for area residents. The revised project application for a 264-unit residential condominium/townhome development consisting of one and two-story structures, is determined not to be a detriment to the community, in consideration of the existing entitlements for a 1,000-room hotel of six stories, conference center and 100,000 square feet of resort retail use for the site. No environmental or other hazards will be introduced into the Project as a part, or a result, of its implementation. 3. Amendment No. 6 to Specific Plan 83-002 (PGA West) is compatible with the zoning designations on adjacent property. Under the Resort Mixed Use (RMU) land use designation, hotel and residential mixed -use projects are permitted, similar to other projects such as La Quinta Resort and Club, and the Centre Pointe development. The RMU designation permits mixed -use developments that include single and multi -family residential, condominium development, as well as uses designated under the Tourist Commercial land use designation. The development density of 6.3 units per net acre is comparable to existing residential development within PGA West, which, when based on net density, ranges approximately between four to seven units per net acre throughout several areas of the PGA West Specific Plan. 4. Amendment No. 6 to Specific Plan 83-002 (PGA West) is suitable and appropriate for the subject property, due to the resort character of the proposed development, the original design of the site, and PGA West in its entirety, for a planned hotel use on the proposed property. Land use approvals and marketing for PGA West have been planned for the project build -out since the original PGA West approval in 1984, and deemed consistent with the La Quinta General Plan. In the 20-plus years since approval of the hotel use, no physical development under that approval has occurred. The proposed Amendment is appropriate for the project site to 381 Resolution No. 2008- Specific Plan Amendment 83.002, Amendment No. 6 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 1, 2008 Page 4 of 5 develop with a land use more suitable to the current development climate and more in keeping with the overall PGA West project theme as a residential golf resort. The Resort Mixed Use designation also provides a degree of land use flexibility in allowing both residential and commercial uses on the site, so as to respond to fluctuating marketing and economic conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby grant approval of Specific Plan 83-002, Amendment No. 6, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 151 day of April, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: LEE M. OSBORNE, Mayor Pro Tem City of La Quinta, California 382 Resolution No. 2008- SpeciOc Plan Amendment 83-002, Amendment No. 6 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 1, 2008 Page 5 of 5 ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 383 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 83-002, AMENDMENT NO. 6 EDEN ROCK AT PGA WEST APRIL 1, 2008 GENERAL CONDITIONS OF APPROVAL 1. Specific Plan 83-002, Amendment No. 6, for the Eden Rock at PGA West project, shall be developed in compliance with these conditions, and the associated Specific Plan Amendment No. 6 document. In the event of any conflicts between these conditions and the provisions of said document, these conditions shall take precedence. The Amendment No. 6 document applies only to the Eden Rock site within Planning Area III, as previously established in the provisions of Specific Plan 83-002, Amendment No. 4 as approved. The provisions of Amendment No. 4 shall remain in effect for the balance of the PGA West Specific Plan area. 2. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan or any application thereunder. The City shall have sole discretion in selecting its defense counsel. 3. All changes to the Specific Plan which are required under these conditions shall be made in a revised document to ensure consistency. All other applicable conditions of approval as listed in Condition No. 4, shall be incorporated into the final Specific Plan document for SP 83-002, Amendment No. 6 as appendices. The document shall be accompanied by a complete itemized listing of every change made to the document, citing the location in the document where the change occurs, and showing both the previous condition and its revision. The project proponent shall submit five (5) copies of the final Specific Plan documents within 30 days of City Council approval of the Specific Plan, or prior to issuance of a grading permit, whichever occurs later. 4. Specific Plan 83-002, Amendment No. 6, shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Subsequent EIR; SCH #2007061056 • Tentative Tract Map 32266 • Site Development Permit 2006-852 • Development Agreement 2006-01 1 384 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 83-002, AMENDMENT No. 6 EDEN ROCK AT PGA WEST APRIL 1, 2008 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. Minor changes, as determined by the Planning Director to be consistent with the intent and purpose of Specific Plan 83-002, Amendment No. 6, Development Agreement 2006-01 1, and other related approvals, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not involving reductions in required standards beyond those identified in the Specific Plan or other related approvals, minor site, building area or other revisions necessary due to changes in technical plan aspects such as drainage, street improvements, grading, etc. Such changes may be approved on a staff -level basis and shall not constitute a requirement to amend the Specific Plan. Consideration for any modifications shall be requested in writing to the Planning Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. The general criteria set forth in the Specific Plan document shall be applied as a guideline. 6. The Specific Plan Amendment document for SP 83-002, Amendment No. 6 (Eden Rock at PGA West), dated November 5, 2007, shall be revised to reflect the project revisions for a 264-unit project, as approved by the City Council on April 1, 2008, in conformance with the following: A. The conditions of approval for SP 83-002, Amendment No. 6, TT 33266, and SDP 2005-562 shall be incorporated into the specific plan document as appendices. B. Revise total number of units to 264 in all tables, exhibits, text, and revise density in Table 2, p.16, to 6.3 units/acre. C. Replace Exhibit 9, p. 18 with the revised site plan for 264 units, and revise Section 2.6 to reflect revised open space figures, based on the revised site plan calculations. D. Replace Exhibit 10, p. 19 with the revised open space exhibit. E. Revise Table 3, DEVELOPMENT STANDARDS, p. 27, to reflect revised project characteristics, to include reduction in story and building heights, revisions to Village unit count and plan/building 2 4 385 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 83-002, AMENDMENT A6 EDEN ROCK AT PGA WEST APRIL 1, 2008 EXHIBIT "A" configurations, parking space totals and per -unit spaces provided, elimination of Garden House and addition of two common pool lots and recreation Lot N. F. Exhibit 13, Page 32 shall be revised to show the Private Street as 29 feet in ROW width, consistent with TT 33226. G. Revise Parking Requirements section, p. 33 and 34, to reflect the project revisions. The January 24, 2007 RK Engineering parking study shall be incorporated into the document appendices. H. Replace Village Home elevation and information on p. 38. Replace "Multifamily" heading with "Village Townhomes" or similar identifier. Revise Section 3.2.3, p. 39 and 40, to reflect elimination of Garden House and addition of two common pool lots and recreation Lot N. J. Table 5, Page 41 - The Phoenix Robeleni (Pygmy Date Palm) is under quarantine and may be used only if supplied from a local nursery. Include an approval of the master plant list from the Riverside County Agricultural Commissioner's office and CVWD as part of the plant listing in the final Specific Plan Amendment document. K. Revise Section 4.2, p. 51, to reflect revisions to number of golf cart spaces and revise Section 4.3, p.51, to reflect revised open space provisions. Revise Section 4.4, p. 51, to reflect revise recreational amenities and removal of Garden House. L. Revise p. 52, Energy and Mineral Resources, to add that the project developer shall work with City staff to identify and incorporate enhanced energy conservation and efficiency measures, toward exceeding the minimum provisions of California Building Standards Code, Title 24. M. Revise Appendix exhibits to reflect revised project approval for 264 units and revisions to the site and building plans. Additional appendices shall be incorporated into the Specific Plan Amendment document, as follows: 386 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 83-002, AMENDMENT p8 EDEN ROCK AT PGA WEST APRIL 1, 2008 EXHIBIT 'A' • Final approved Development Agreement (DA 2006-01 1) • City Declaration of CC&R's; final signed version • Developer CC&R's; final signed version • Specific Plan Amendment No. 4 document (SP 83-002, Amendment No. 4), as approved October 3, 2000 All revisions shall be incorporated into the final specific plan document, to be submitted to the Planning Department for review and final acceptance by the Planning Director under the terms of Condition 3 preceding. 7. The final landscape plans shall reflect a significant effort to reduce the use of turf areas in all landscaping, common and private. Specifically, plans shall minimize or eliminate all turf areas adjacent to sidewalks and roadways. 8. All architectural design revisions to any residential or common area structure shall be reviewed through the ALRC and Planning Commission as a non- public hearing business item, unless determined otherwise by the Planning Director based on significance of the design revision. The Entry Gate and Guard House, and a revised Manor one-story duplex building plan, are specifically remanded back to the Planning Commission for further review and possible revision, prior to the building plan check process. The Manor one-story duplex building plan shall consider more architectural detailing and enhancement, particularly with respect to the front elevation. 9. The project developer shall work with City staff to identify and incorporate enhanced energy conservation and efficiency measures, toward exceeding the minimum provisions of California Building Standards Code, Title 24. Such measures shall be considered in all aspects of project implementation, from initial grading construction to landscaping installations. 387 RESOLUTION NO.2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF THE SUBDIVISION OF A 42-ACRE PARCEL INTO A 264-UNIT RESIDENTIAL CONDOMINIUM/TOWNHOME SITE FOR THE PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: TENTATIVE TRACT MAP 33226 APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 1" day of April, 2008, hold a duly -noticed Public Hearing to consider a recommendation to the City Council for the approval of a Tentative Tract Map to allow the subdivision of a 42-acre parcel into a 264-unit residential condominium project, including a guard gatehouse, two common area pools and other recreational amenities, on t 42 acres, located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, said Tentative Tract Map was filed concurrently with a General Plan Amendment, Zone Change, Specific Plan Amendment, Site Development Permit and a Development Agreement, in whole representing the development permit application for the project as contemplated; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 8Lh day of January, 2008, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on Tentative Tract Map 33226, to allow construction of a 290-unit residential condominium development of one, two and three-story structures, including a 7,122 s.f. clubhouse facility and 43.5-foot high clock tower (reduced to a maximum 33 feet high), and did in fact adopt Planning Commission Resolution 2008-004, recommending approval to the La Quinta City Council; and, WHEREAS, subsequent to the Planning Commission recommendation of January 8, 2008, the applicant proposed revisions to the Project, based on both written and oral testimony from residents of PGA West, as presented during the Planning Commission Public Hearing. Said revisions include: 1) a reduction in unit 338 Resolution No. 2008- Tentative Tract Map 33226 Eden Rock at PGA West - Crowns Pointe Partners April 1, 2008 Page 2 of 5 count from 290 to 264; 2) elimination of the third -story elements of the Village units with a reduction of maximum height from 33.6 feet, to 29.5 feet; 3) elimination of the 7,122 s.f. clubhouse facility and 43.5-foot high clock tower; and 4) the addition of a second common area pool and replacement of the 7,122 clubhouse with a smaller common pool and restroom/changing structure; and, WHEREAS, the Project revisions as described herein were determined by the Planning Department to be within the scope of the Planning Commission recommendation, and therefore do not require remanding for further review, as the changes serve to address some of the Planning Commission's concerns and recommendations, specifically in regard to height and density; and, WHEREAS, the La Quinta Planning Department has prepared a Subsequent Environmental Impact Report ("SEIR", State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications; and, WHEREAS, the La Quinta Planning Department did publish a City Council Public Hearing notice in The Desert Sun newspaper, on the 26`n day of January, 2008, as prescribed by the La Quinta Municipal Code, and, on February 13 and 14, 2008, did also send a notice of postponement of the scheduled February 19, 2008 City Council hearing, to April 1, 2008, with said hearing and postponement notices mailed to all property owners within 500 feet of the property in question, as well as to all other property owners within the boundaries of the PGA West Specific Plan area; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 18th, day of May, 2006, reviewed the archaeological and paleontological resources surveys associated with the applications, and adopted Minute Motions 2006-006 and 2006-007 respectively, recommending approval of these surveys to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Tentative Tract Map: 4 389 Resolution No. 2008- Tentative Tract Map 33226 Eden Rock at PGA West - Crowns Pointe Partners April 1, 2008 Page 3 of 5 1. Tentative Tract Map 33226 is consistent with the La Quinta General Plan, and Specific Plan 83-002, Amendment No. 6, as proposed. The Tentative Tract Map is consistent with the Resort Mixed Use (RMU) land use designation as set forth in the General Plan, as amended by General Plan Amendment 2006-107, and is consistent with the Resort Mixed Use land use designation as set forth in Specific Plan 83-002, Amendment No. 6, as proposed. Tentative Tract Map 32266 subdivides the 42-acre site into residential condominium sites. The RMU designation permits mixed -use developments that include single- and multi -family residential, and condominium development. 2. The design and improvement of Tentative Tract Map 33226 are consistent with the La Quinta General Plan, and Specific Plan 83-002, Amendment No. 6, with the implementation of recommended conditions of approval to ensure proper street widths, perimeter walls, and timing of their construction, as well as adequate storm water drainage, street and other infrastructure improvements. The Draft SEIR requires specific off -site improvements to mitigate traffic -related impacts from this project. These improvements have been incorporated into the approval conditions for the Project, and identified in the Draft SEIR. The project density is consistent with the La Quinta General Plan and the PGA West Specific Plan, as amended, in that the development density of 6.3 units per net acre is comparable to existing residential development within PGA West, which, when based on net density, ranges approximately between four to seven units per net acre throughout several areas of the PGA West Specific Plan. 3. The design of Tentative Tract Map 33226 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. No significant biological resources have been identified to exist on the site. The Project site does not contain and is not proximate to any wetland; blue -line stream, marsh, vernal pool or other wildlife habit. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Subsequent EIR prepared for the Project, which includes Tentative Tract Map 32266, determined that there are no significant impacts to air or water quality, biological or cultural resources, geology and soils which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 4 399 Resolution No. 2008- Tentative Tract Map 33226 Eden Rock at PGA West - Crowns Pointe Partners April 1, 2006 Page 4 of 5 4. The design of Tentative Tract Map 33226 and type of improvements are not likely to cause serious public health problems, in that this issue was considered and addressed in the Subsequent EIR prepared for the Project. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Subsequent EIR prepared for the Project, which includes Tentative Tract Map 32266, determined that there are no significant impacts to air or water quality, geology soils, or other significant health or safety -related impacts which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 5. The design and improvements required for Tentative Tract Map 33226 will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. There is an existing portion of an easement for Avenue 56, and several utility easements that exist on the property. These easements will be relocated, retained or abandoned as appropriate in order to maintain public access as determined to be necessary in context with the Project and surrounding existing development. The project is surrounded by improved land which is not under control of the applicant, and which, as part of its development, has previously obtained any necessary means of access. All necessary right-of- way for construction of off -site improvements associated with this parcel will be provided as required under the La Quinta General Plan and the approval conditions of this Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby grant approval of Tentative Tract Map 33226, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the Conditions of Approval as attached. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 151 day of April, 2008, by the following vote, to wit: 1. 391 Resolution No. 2008- Tentative Tract Map 33226 Eden Rock at PGA West - Crowns Pointe Partners April 1, 2008 Page 5 of 5 AYES: NOES: ABSENT: ABSTAIN: LEE M. OSBORNE, Mayor Pro Tem City of La Quinta, California ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 392 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL — ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded there under. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map shall expire on April 1, 2010, two years after the City Council approval date of April 1, 2008, unless recorded or granted a time extension pursuant to Title 13 of the La Quinta Municipal Code (§ 13.12.160; Extensions of Time for Tentative Maps). The two-year time period shall be tolled during the pendency of any lawsuit that may be filed, challenging this Tentative Tract Map and/or the City's CEQA compliance. 3. This Tentative Tract Map, and any Final Map recorded there under, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.9_M. 4. Tentative Tract 33226 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: • Subsequent EIR; SCH #2007061056 • Specific Plan 83-002, Amendment No. 6 • Site Development Permit 2006-852 • Development Agreement 2006-01 1 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: 393 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT -A' • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit • Planning Department • Riverside County Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4• 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one 0 ) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. 391 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A' C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 7. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 9. The applicant shall retain for private use on the Final Map all private street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street rights -of -way to be retained for private use required for this development include: 395 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROVME POINTE PARTNERS. LLC APRIL 1, 2008 A. PRIVATE STREETS (OFF -SITE) EXHIBIT "A' 1) PGA Boulevard (Arterial, 110' and 120' ROW) - No additional private street dedication is required. B. PRIVATE STREETS (ON -SITE) 1) Streets 'A' and 'B' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 32-foot travel width with parking restricted to one side, provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. 2) Street 'C' - Entry Gate Driveway as shown on the approved Tentative Tract Map and as per these conditions of approval. 3) Street'D' - Private Residential Street measured gutter flow line to gutter flow line shall have a 36-foot travel width, allowing for double -loaded on -street parking where no visual or other conflicts exist, and provided the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. 4) Street 'F', generally between Street 'D' and Lot 94 - Private Residential Street measured gutter flow line to gutter flow line shall have a 36-foot travel width, allowing for double -loaded on - street parking where no visual or other conflicts exist, and provided the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. 5) Streets 'E', 'G', 'H' and portion Street 'F' along Lot 94 - Private Residential Streets measured gutter flow line to gutter flow line shall have a minimum 28-foot travel width with on -street parking prohibited, provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. q 396 RESOLUTION NO. 2008- EXHIBIT 'A" CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 C. Turn Around at Streets 'F' and 'G'. 1) The turn around shall conform to the shape shown on the tentative tract map, except for any minor revisions as may be required by the City Engineer and/or Riverside County Fire Department. The turn -around shall incorporate signing, striping, and/or any required improvements to minimize turning conflicts, as may be determined necessary by the City Engineer. D. Common Driveways (Village Homes) — Private Residential Common Driveways to be a minimum 24-foot travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Marshal. E. Common Driveway (Courtyard Homes) — Private Residential Common Driveways to be a minimum 23-foot travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Department. Curve radii for curbs at all street intersections shall not be less than 25 feet. Additionally, the inside curb radius shall be a minimum of 35 feet where road alignments are greater than 90 degrees or as approved by the City Engineer. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 12. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private Streets. Such easement may be reduced to five feet in width with the express written approval of IID. 397 RESOLUTION NO.2008- CONDITIONS Of APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1. 2008 EXHIBIT "A" The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to PGA Boulevard from lots with frontage along PGA Boulevard is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 18. The applicant shall be responsible for the vacation and granting of easements that address changes in the existing easements over the proposed tentative tract map that may be affected by proposed improvements. Pursuant to this condition, the applicant shall apply to the City for any street vacation request of public right of way and/or utility easements. The applicant must provide all applicable exhibits and legal descriptions and perform all necessary abandonments or relocation of easements and or facilities as required by all affected utility purveyors over the public right-of-way and/or utility easements, or as approved by the City Engineer. Typically the right of way vacation process is about six to eight months. 398 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 STREET AND TRAFFIC IMPROVEMENTS 19. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 20. The applicant shall construct the following street improvements to conform to the General Plan (street type noted in parentheses.) A. OFF -SITE PRIVATE STREETS 11 PGA Boulevard (Arterial, 120' ROW) — No additional private street widening is required. 2) Other required improvements in the PGA Boulevard private street right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant shall reconstruct all curb and gutter at existing intersections that do not provide access to the tentative tract as required by the City Engineer. b) 8-foot wide meandering sidewalk/Class I Golf Cart Path as shown on the approved tentative tract map from the northerly property line to the proposed primary entry. This improvement shall be installed in its entirety as part of the initial project improvement phase, which shall also include the entirety of the project perimeter wall. c) Reconstruct the existing 22-foot wide raised landscaped median as needed to accommodate full movements at the entry. Additionally, the applicant shall provide adequate length of left turn deceleration lane with in the median as determined by a California Licensed Traffic Engineer and as approved by the City Engineer. d) Reconstruct and remove existing pavement, curb and gutter, and curb returns previously constructed and not 399 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" required for access to the tentative tract. The locations are, at a minimum, across Jack Nicklaus and across the existing clubhouse entrance at the north end of the tentative tract map. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. REQUIRED PROJECT FAIR -SHARE IMPROVEMENTS (OFF -SITE PUBLIC STREETS 1) Jefferson Street at Avenue 54. a. Prior to issuance of the first building permit, the Applicant shall pay $125,000 to the City to cover the project's obligation for this traffic signal. In addition, if the City has not commenced construction of this signal prior to issuance of the first building permit for the project, and if signal warrants are met, the Applicant shall design and construct the traffic signal at Jefferson Street and Avenue 54 prior to issuance of the first certificate of occupancy for the first production home. If the Applicant is required to design and construct this intersection, the Applicant shall receive credit which shall be applied against the traffic component of the City's Development Impact Fee (DIF) as each building permit is issued. C. FUTURE PROJECT FAIR -SHARE IMPROVEMENTS (OFF -SITE PUBLIC STREETS 1) Washington Street at Avenue 50. a) The applicant shall pay his fair -share (calculated in the Final EIR, Table 11.0-12, as 0.9% for PM peak trips) for improvements to install a third northbound through lane, a second southbound left turn lane, a southbound right turn lane with right turn overlap phase, a second eastbound left turn lane, a second eastbound through lane, a second west bound through lane, and a westbound right turn overlap phase. The amount of the applicant's fair share for the 409 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1. 2008 EXHIBIT"A" above mentioned improvements shall be as approved by the City Engineer. The applicant shall pay to the City of La Quinta his fair share prior to final map recordation. 2) Jefferson Street at Avenue 50. a) The applicant shall pay his fair -share (calculated in the Final EIR, Table 11.0-12, as 6.6% for PM peak trips) for improvements to install a second southbound left turn lane, a second eastbound left turn lane, and a second westbound through lane. The amount of the applicant's fair share for the above mentioned improvements shall be as approved by the City Engineer. The applicant shall pay to the City of La Quinta his fair share prior to final map recordation. D. PRIVATE STREETS 11 Street 'A' and 'B' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 32-foot travel width with parking restricted to one side, provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. 2) Street 'C' — Entry Driveway as shown on the approved Tentative Tract Map and as per these conditions of approval. 3) Street 'D' - Private Residential Street measured gutter flow line to gutter flow line shall have a 36-foot travel width, allowing for double -loaded on -street parking where no visual or other conflicts exist, and provided the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. 4) Street 'F', generally between Street 'D' and Lot 94 - Private Residential Street measured gutter flow line to gutter flow line shall have a 36-foot travel width, allowing for double -loaded on - street parking where no visual or other conflicts exist, and provided the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1. 2008 EXHIBIT "A" D. Common Driveway (Village Homes) — Private Residential Common Driveways to be a minimum of 24 feet travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Marshal. E. Common Driveway (Courtyard Homes) — Private Residential Common Driveways to be a minimum of 23 feet of travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Marshal. F. Turn Around at Streets 'F' and 'G'. 11 The turn around shall conform to the shape shown on the tentative tract map, except for any minor revisions as may be required by the City Engineer and/or Riverside County Fire Department. The turn -around shall incorporate signing, striping, and/or any required improvements to minimize turning conflicts, as may be determined necessary by the City Engineer. 21. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn -around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Riverside County Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the 0_2 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1. 2008 EXHIBIT "A" approved construction plans, may require additional street widths as may be determined by the City Engineer. 22. As the Primary Entry Gate cannot accommodate a 45-foot truck turning radius and maneuvering to provide access for large moving vans to make right turns (WB-62 Interstate Semi Trailer) onto Street "A" from the entry and left turn movements from Street "A" exiting out the Primary Entry Gate, the applicant shall establish provisions in the CC&R's for the gate attendant to direct vehicles to the left along Street "B" and exiting through the secondary entry. Additionally, as the internal streets configuration limits large moving van (WB- 62) turning movements, the applicant shall also establish a provision in the CC&R's to advise prospective owners of said limitation. The CC&R's shall be reviewed and approved by the Planning and Public Works Departments prior to recordation. 23. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential PGA Boulevard 3.0" a.c./4.5" c.a.b. 4.5" a.c./6.0" c.a.b. Or the approved equivalents of alternate materials. 24. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 25. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are permitted except as conditioned above for large moving van movements (WB-62). B. Secondary Entry (PGA Boulevard): Right turn in and out is permitted at 03 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" the existing Roundabout. Left turn in and out is prohibited due to the roundabout design concept in place. 26. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 27. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FINAL MAP 28. Prior to the City's approval of a Final Map, the applicant shall furnish mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be of a 1 " = 40' scale. 29. The applicant shall abandon or relocate existing easements over the tentative tract map prior to recordation of the Final Map as required by the agency and/or individual favored and as approved by the City Engineer. Additionally, the applicant shall relocate existing utility facilities that are required by all utility purveyors prior to issuance of the first building permit or as approved by the City Engineer. 30. Lettered lots may be created for any common recreation facilities and/or landscaped areas, as may be proposed or required by these conditions, through the administrative plan check process. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 31. Improvement plans shall be prepared by orunder the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 32. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum q 404 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Precise Grading Plan (Multi -Tenant) 1 " = 30' Horizontal E. Off -Site Private Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Private Street Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berm design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical H. Off -Site Public Street Traffic Signal Plan 1 " = 20' Horizontal Off -Site Public Street Signing & Striping Plan 1 " = 40' Horizontal NOTE: D through I to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. n 40� RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1. 2008 EXHIBIT "A" "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, an "On -Site Precise Grading" plan is required to be submitted for approval by the Building Official and the City Engineer. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 33. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 34. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 35. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant 4 06 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 36. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 37. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 38. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to 07 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 39. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements as previously conditioned or as required by the City Engineer. 40. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 403 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 GRADING 41. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 42. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 43. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. In conjunction with submittal of grading plans, the required geotechnical investigation shall include an analysis of the liquefaction potential on the site, and shall propose remediation, if necessary. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The Preliminary Soils Report shall check for subsidence and hydrological collapse of existing as well as proposed construction as approved during the plan check process. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 44. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such 4 409 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1. 2008 EXHIBIT "A" other erosion control measures, as were approved in the Fugitive Dust Control Plan. 45. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform to pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 46. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 47. The applicant shall maintain pad heights, to the greatest extent feasible, for the Manor and Village unit pads as shown on the tentative map exhibit approved by City Council on April 1, 2008. "Greatest extent feasible" shall mean that, during the grading plan check process, the applicant may be permitted to revise the pad elevations for any or all of these units for circumstances relating to compliance for hydrology, drainage, utilities, and other infrastructure design requirements. The applicant understands that there may be further pad reductions that can feasibly be accomplished, as well as potential increases in pad heights that may be necessary to achieve the project design. Any increase in pad elevation height from that shown on the tentative map exhibit approved by the City Council on April 1, 2008, shall be limited to no more than 6 inches. Any revisions to pad elevations shall be reviewed through the substantial conformance process, and thereby subject to final approval by the City Engineer. 48. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 410 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 49. Within 30 days prior to the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Planning Department, and approved prior o the commencement of said activity. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permit. 50. No grading, building or any other permit requiring any ground -disturbance shall be issued, until the provisions of Conditions 97 through 106, pertaining to archaeological and paleontological monitoring, have been complied with, to the extent they are applicable to a specific permit request. DRAINAGE 51. Stormwater handling shall conform to the approved hydrology and drainage report for PGA West Development and as modified for this Tentative Tract Map. 52. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 53. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 54. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 55. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 56. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. M RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" 57. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 58. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 59. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to private (Off - Site) streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first LANDSCAPE AND IRRIGATION 60. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 *(Landscaping Plans), LQMC. 61. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 62. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 51h Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private street right-of- way. 412 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" 63. The final landscape plans shall reflect a significant effort to reduce the use of turf areas in all landscaping, common and private. Specifically, plans shall minimize or eliminate all turf areas adjacent to sidewalks and roadways. PUBLIC SERVICES 64. The applicant shall provide any public transit improvements as may be required by SunLine Transit Agency and approved by the City Engineer. At this time, SunLine has not requested any such improvements; however, should such a request be made in the future, depending on project phasing and completion, the applicant may be required to provide certain said improvements. FIRE PROTECTION 65. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2- hour duration at 20 PSI. 66. For any buildings with public access i.e. recreational halls, clubhouses, etc. or buildings with a commercial use i.e. gatehouses, maintenance sheds, etc. Super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1500 GPM for a 2-hour duration at 20 PSI. 67. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 68. City of La Quinta ordinance requires all buildings 5,000 sq. ft. or larger to be fully sprinkled per NFPA 13/1311/13D Standard. If required, sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 69. Any turn -around requires a minimum 38-foot turning radius, subject to approval by the Fire Department. 70. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 413 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" 71. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 72. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 73. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 74. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 75. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. QUALITY ASSURANCE 76. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 77. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 78. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 414 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 79. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 80. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 81. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 82. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 83. Tentative Tract 33226 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required for 264 units is 2.218 acres. The in -lieu payment(s) shall be based upon this acreage requirement, and on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value appraisal, or other information on land value within the subdivision. In -lieu fees may be paid for each proposed final map phase of a multiple -phased map. Payment of the in -lieu fee shall be made prior to, or concurrently with recordation of the first final map within the tentative map. 84. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 415 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" 85. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 86. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 87. A fee of $2,564.00, payable to Riverside County, is due to this office within 24 hours of any City Council approval. This is required by the County to post the Notice of Determination and offset costs associated with AB 3158 (Fish and Game Code 711.4). 88. Applicant shall pay the applicable mitigation fees, related to the Multi -Species Habitat Conservation Plan program, as in effect and at the appropriate point in the permit process PLANNING DEPARTMENT 89. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design (layout, street pattern, etc.) may be administratively approved through the plan check process, with the mutual consent and approval of the Planning and Public Works Directors. It is recognized that certain lot boundaries for Lots 1-83 (Courtyard unit lots) may need to be adjusted from their tentative alignments, to allow for the precise plotting of unit footprints for the zero -lot line Courtyard product. Any such replotting of the approved tentative map, shall be reviewed under the substantial conformance process and shall not constitute a need to file a revised tentative map. Any grading revisions shall be governed by Condition 44. 90. Applicant shall ensure compliance with all mitigation measures set forth in the Subsequent Environmental Impact Report (SEIR), SCH #2007061056, as part of all related conditions of approval, as identified in Condition No. 4. These mitigation measures are required to address potentially significant impacts to Air Quality (Short -Term Construction Impacts); Cultural Resources; Noise; Public Services (Schools); Transportation, Traffic, Parking and Circulation (Project Traffic, Cumulative Impacts). 91. Applicant shall prepare project CC&R's to address parking restrictions for on - street guest parking and all other guest parking areas, including any use of common driveway space for parking. Parking provisions shall also include 416 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1. 2008 EXHIBIT "A" allowances for golf cart use and parking within the tentative map area. In addition, the CC&R's shall incorporate provisions as set forth in Development Agreement 2006-01 1, as determined necessary by the City Attorney and Planning Department. 92. Building heights, setbacks, parking and other development standards shall be in compliance with the approved plan documents for the Eden Rock at PGA West project, and any precedent conditions of approval for Tentative Tract Map 33226, Specific Plan 83-002, Amendment No. 6 and Site Development Permit 2006-852. 93. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City's standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. 94. Applicant shall provide a common area recreation area and amenity plan, including options for active recreational use amenities, to the Planning Department for review and approval by ALRC and Planning Commission. Active recreation opportunities are to be provided in the larger common open areas adjacent to the Village units, as delineated on the approved Open Space Exhibit. 95. The entire perimeter wall design and location, including sound wall areas, entry wall areas, and property line walls through a master wall plan, subject to review and approval by the Planning Department, in accordance with the landscape review process as conditioned. The wall location shall maintain a minimum 15- foot setback from face of curb at any point along PGA Boulevard; however, a request for consideration of an averaged setback may be approved if determined to be appropriate by the Planning Director. The wall plan shall specify colors and materials to be used for the walls, capping, pilasters, entry monuments, planters, and any other such features. The perimeter wall shall be generally be designed based on the existing walls along PGA Boulevard, but create more of a unique yet compatible appearance that will complement the existing streetscape and wall improvements and provide some design distinction relative to the Eden Rock project architecture. It shall be a separate plan sheetls►, to be included with the landscape plan submittal for ALRC review. The primary perimeter wall surrounding the entire site shall be installed as part of the first phase project improvements. 96. The initial phase of project improvements shall also include the full extent of the golf cart path realignment as shown on the approved tentative map exhibit. 411 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 ARCHAEOLOGY 97. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. A tribal monitor from the Ramona Band of Cahuilla Indians shall be included in the monitoring crew. The monitors shall be empowered to temporarily halt or divert equipment to allow for City notification and analysis. 98. The developer/property owner shall enter into a pre -excavation agreement with the Ramona Band of Cahuilla Indians, which addresses inadvertent discoveries of cultural resources and the disposition of cultural resources found during the development of the project. Inadvertent discoveries of human remains, if such discovery should occur, shall be handled according to applicable State laws. 99. The final report on the monitoring shall be submitted to the Planning Department prior to the issuance of the first Certificate of Occupancy for the project. 100. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 101. The conditions of approval for this item shall be included in the submitted Phase I report prior to issuance of the first permit requiring monitoring. 102. If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Planning Department shall be notified immediately. PALEONTOLOGY 103. On and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of 418 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" sediments that are likely to contain the remains of small fossil invertebrates and vertebrates, including a program of screen washing for micro invertebrate fossils. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to the City prior to issuance of first earth -moving permit, or before any clearing of the site has begun. Any earth moving activity in Holocene -age lakebed required for the proposed project shall be monitored by a qualified paleontologist. The paleontologist shall be empowered to redirect earth moving activities if required to identify and remove resources. The monitor shall also be equipped to quickly remove resources if found. The monitor shall submit, within 30 days of completion of earth moving activities, a report of findings to the Planning Department for review and approval. Any resource removed from the site shall be properly documented and curated. 104. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 105. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 106. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. 419 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF DESIGN GUIDELINES TO ALLOW THE DEVELOPMENT OF A 264-UNIT RESIDENTIAL CONDOMINIUM PROJECT FOR THE PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: SITE DEVELOPMENT PERMIT 2006-852 APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 15L day of April, 2008, hold a duly -noticed Public Hearing to consider a recommendation to the City Council approving design guidelines to allow a 264- unit residential condominium/townhome project, consisting of 83 Courtyard duplex units, 79 Manor triplex units, and 102 Village townhome units, including a guard gatehouse and two common are pools, on ±42 acres located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, said Site Development Permit was filed concurrently with a General Plan Amendment, Zone Change, Specific Plan Amendment, Tentative Tract Map, and a Development Agreement, in whole representing the development permit application for the project as contemplated; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 81" day of January, 2008, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on Site Development Permit 2006-852, to allow construction of a 290-unit residential condominium development of one, two and three-story structures, including a 7,122 s.f. clubhouse facility and 43.5- foot high clock tower (reduced to a maximum 33 feet high), and did in fact adopt Planning Commission Resolution 2008-005, recommending approval to the La Quinta City Council; and, WHEREAS, subsequent to the Planning Commission recommendation of January 8, 2008, the applicant proposed revisions to the Project, based on both 42�J Resolution No. 2008- Site Development Permit 2006-852 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 1, 2008 written and oral testimony from residents of PGA West, as presented during the Planning Commission Public Hearing. Said revisions include: 1) a reduction in unit count from 290 to 264: 2) elimination of the third -story elements of the Village units with a reduction of maximum height from 33.6 feet, to 29.5 feet: 3) elimination of the 7,122 s.f. clubhouse facility and 43.5-foot high clock tower: and 4) the addition of a second common area pool and replacement of the 7,122 clubhouse with a smaller common pool and restroom/changing structure; and, WHEREAS, the Project revisions as described herein were determined by the Planning Department to be within the scope of the Planning Commission recommendation, and therefore do not require remanding for further review, as the changes serve to address some of the Planning Commission's concerns and recommendations, specifically in regard to height and density; and, WHEREAS, the Department has prepared a Subsequent Environmental Impact Report ("SEIR") State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications; and, WHEREAS, said Project changes previously described herein were reviewed by the Planning Department pursuant to Section 15088.5 of the CEQA Guidelines, and it was determined that recirculation of the Draft SEIR was not required,, as the changes would contribute to an overall reduction of the identified potential Project impacts; and, WHEREAS, the La Quinta Planning Department did publish a City Council Public Hearing notice in The Desert Sun newspaper, on the 26`h day of January, 2008, as prescribed by the La Quinta Municipal Code, and, on February 13 and 14, 2008, did also send a notice of postponement of the scheduled February 19, 2008 City Council hearing, to April 1, 2008, with said hearing and postponement notices mailed to all property owners within 500 feet of the property in question, as well as to all other property owners within the boundaries of the PGA West Specific Plan area; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 18th, day of May, 2006, reviewed the archaeological and paleontological resources surveys associated with the applications, and adopted Minute Motions 2006-006 and 2006-007 respectively, recommending approval of 421 Resolution No. 2008- Site Development Permit 2006-852 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 1, 2008 these surveys to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, the La Quinta Architecture and Landscaping Review Committee, at their meeting on the 7" day of February, 2007 reviewed the development plans associated with Site Development Permit 2006-852, and adopted a Minute Motion 2007-002 recommending approval to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approving Site Development Permit: Site Development Permit 2006-852 is consistent with the La Quinta General Plan, in that the project site, which is within the PGA West Specific Plan, is to be designated as Resort Mixed Use (RMU) under the La Quinta General Plan, and Specific Plan 83-002, Amendment No. 6. The RMU designation permits mixed -use developments that include single- and multi -family residential condominium development. The proposed project is made up of single and multi -family building types, designed as condominium/townhome units. This provides a housing mix that promotes General Plan goals to provide a mix of housing types to La Quinta residents. 2. Site Development Permit 2006-852 is consistent with the La Quinta Zoning Code. Zone Change 2006-127 and applicable Specific Plan 83-002, Amendment No. 6, rezone the project site within the PGA West Specific Plan as Tourist Commercial, with a Residential Specific Plan Overlay. This designation permits the proposed 264-unit condominium/townhome project as a residential use with access to resort amenities. Use of this Overlay is appropriate, in conjunction with the Specific Plan Amendment, to facilitate the residential amenity proposed and the integration of a residential land use component into the existing Tourist Commercial zoning as set forth in the Specific Plan. Further, residential use of the site is permitted with approval of Development Agreement 2006-01 1, that ensures a funding mechanism to be in place, to financially offset the conversion of the original hotel/resort site to residential. Applicable development standards are complied with based on the proposed plans, Specific Plan 83-002, Amendment No. 6 regulations and recommended Conditions of Approval. M Resolution No. 2008- Site Development Permit 2006-852 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 1, 2008 3. Processing and approval of Site Development Permit 2006-852 are in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has prepared a Subsequent Environmental Impact Report #2007061056 (SEIR) for the Project, which includes Site Development Permit 2006-852, in compliance with the requirements of the California Environmental Quality Act of 1970. The Draft SEIR was presented to the Planning Commission, which reviewed and considered the information contained in said Draft SEIR prior to its recommendations to the City Council on the Project. The City Council has therefore taken action to certify the Final SEIR, as adequate and complete, in accordance with CEQA requirements. 4. The architectural design of Site Development Permit 2006-852, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. PGA West has had numerous merchant builders over the years, with varying architectural styles and materials. As a result, there are several architectural "neighborhoods" within the overall PGA West Specific Plan area, with different architectural styles that, in some cases, are in close proximity to one another. The project architecture is internally consistent in architectural design and materials used throughout the project site, which is buffered from surrounding residential areas within PGA West by golf course uses and PGA Boulevard. As a result, the project is somewhat removed from other PGA West residential areas and directs architectural compatibility internally to the project. 5. The site design of Site Development Permit 2006-852, including, but not limited to project entries, interior circulation, pedestrian amenities, and other site design elements will be compatible with surrounding development in PGA West and with the quality of design prevalent in the City. The Project site design has in part been established by previous development of PGA West over the past 20 plus years. The project site will take access from PGA Boulevard, and does not share access with any existing residential areas. The secluded nature of the site affords an entirely internalized site design, which provides for pedestrian and vehicular circulation without accessing other private residential areas. The project generally locates units of lower profile and intensity around the project perimeters, clustering the higher density Village units central to the site. This internalized site design is 421 Resolution No. 2008- Site Development Permit 2006-852 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 1, 2008 compatible with surrounding PGA West development as a limited access, private residential community. 6. Site Development Permit 2006-852 landscaping, as conditioned, including but not limited to the location, type, size, color, texture, and coverage of plant materials is designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses. The Eden Rock project proposes four distinct landscape zones, which will serve to establish an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and CVWD water efficiency requirements, ensuring efficient water use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby grant approval of Site Development Permit 2006-852, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 1" day of April, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: LEE M. OSBORNE, Mayor Pro Tem City of La Quinta, California 424 Resolution No. 2008- Site Development Permit 2006-852 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 1, 2008 ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 425 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 r,FNFRAI 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit, or any Final Map recorded there under. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit shall expire on April 1, 2010, two years after the City Council approval date of April 1, 2008, unless granted a time extension pursuant to Title 9 of the La Quinta Municipal Code (§9.200.080; Permit expiration and time extensions). The two year time period shall be tolled during the pendency of any lawsuit that may be filed, challenging this Tentative Tract Map and/or the City's CEQA compliance. 3. Site Development Permit 2006-852 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: • Subsequent EIR; SCH #2007061056 • Specific Plan 83-002, Amendment No. 6 • Tentative Tract Map 32266 • Development Agreement 2006-01 1 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit • Planning Department • Riverside County Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) 426 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. The design of community parking facilities for common areas shall conform to LQMC Chapter 9.150, and in particular the following: A. The parking stall, aisle widths and double hairpin stripe parking stall design. On -street parking designated as guest parking on the approved site plan shall be designed in accordance with parallel stall requirements. B. Cross slopes should be a maximum of 2% where ADA accessibility is required, including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes as required shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Golf cart parking areas shall be provided at various locations in the development, in particular in close proximity to the Village common pool areas. Golf cart stall size shall conform to generally accepted industry standards, as may be determined by the City Engineer and Planning Department. A project parking plan shall be required to include appropriate signage to implement parking restrictions, and on and off- street parking provisions of the CC & R's subject to City Engineer and Planning Department approval. 427 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" G. A minimum 5-space bicycle rack shall be provided in an appropriate location at or near each common pool facility. 6. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 7. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Planning Department, and approved. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permit. 8. The applicant shall maintain pad heights, to the greatest extent feasible, for the Manor and Village unit pads as shown on the tentative map exhibit approved by City Council on April 1, 2008. "Greatest extent feasible" shall mean that, during the grading plan check process, the applicant may be permitted to revise the pad elevations for any or all of these units for circumstances relating to compliance for hydrology, drainage, utilities, and other infrastructure design requirements. The applicant understands that there may be further pad reductions that can feasibly be accomplished, as well as potential increases in pad heights that may be necessary to achieve the project design. Any increase in pad elevation height from that shown on the tentative map exhibit approved by the City Council on April 1, 2008, shall be limited to no more than 6 inches. Any revisions to pad elevations shall be reviewed through the substantial conformance process, and thereby subject to final approval by the City Engineer. DRAINAGE 9. Stormwater handling shall conform to the approved hydrology and drainage report for PGA West Development, as modified for Tentative Tract Map 33226. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 1 428 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" 10. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 11. Nuisance water shall be retained on site. Nuisance water shall be disposed of as required for Tentative Tract Map 33226. 11TII ITIFS 12. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. All utility requirements of Tentative Tract 33226 shall be applicable as appropriate to this Site Development Permit approval. CONSTRUCTION 13. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to private (Off - Site) streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first LANDSCAPE AND IRRIGATION 14. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC, as applicable. 15. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 16. Final landscaping and irrigation plans shall be prepared by a licensed professional landscape architect, to be reviewed by the Architecture and Landscaping Review Committee and approved by the Planning Commission, prior to issuance of the first building permit. All landscape plans shall be drafted in coordination with the preliminary grading plans. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review, along with the appropriate fee. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in 429 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 1. 2008 EXHIBIT "A" compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code, as in effect at time of plan submittal. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. NOTE: Plans are not approved for construction until signed by the Planning Director. 17. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director and the Coachella Valley Water District. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 18. Project landscaping shall incorporate trailing vines in Village courtyard driveway parking turnaround areas, along wall areas in general, including perimeter walls, and in other areas of the project where appropriate, subject to review under the landscaping review process as conditioned. 19. Enhanced landscaping shall be provided along the north project boundary, for purposes of screening views of the Manor units from surrounding residential views toward those units. 20. Proposed landscape palettes for all landscape components of the project shall be consistent with the master palette included in Specific Plan 83-002, Amendment No. 6, as approved, and shall not include tree species which can generate excessive green waste, such as Bottle Trees, Crape Myrtle, Jacaranda, etc., as appropriate. 21. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets," 51" Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private street right-of- way. 22. The final landscape plans shall reflect a significant effort to reduce the use of turf areas in all landscaping, common and private. _Specifically, plans shall minimize or eliminate all turf areas adjacent to sidewalks and roadways. A .. 00 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 FIRE PROTECTION 23. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2- hour duration at 20 PSI. 24. For any buildings with public access i.e. recreational halls, clubhouses, etc. or buildings with a commercial use i.e. gatehouses, maintenance sheds, etc. Super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1500 GPM for a 2-hour duration at 20 PSI. 25. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 26. City of La Quinta ordinance requires all buildings 5,000 sq. ft. or larger to be fully sprinkled per NFPA 13/13R/13D Standard. If required, sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 27. Any turn -around requires a minimum 38-foot turning radius. 28. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 29. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 30. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 31. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, 431 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 32. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 33. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. FEES AND DEPOSITS 34. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 35. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 36. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 37. A fee of $2,564.00, payable to Riverside County, is due to this office within 24 hours of any City Council approval. This is required by the County to post the Notice of Determination and offset costs associated with AB 3158 (Fish and Game Code 71 1 .4). PLANNING DEPARTMENT 38. Applicant shall ensure compliance with all mitigation measures set forth in the Subsequent Environmental Impact Report (SEIR), SCH #2007061056, as part of all related conditions of approval, as identified in Condition No. 4. These mitigation measures are required to address potentially significant impacts to Air Quality (Short -Term Construction Impacts); Cultural Resources; Noise; Public Services (Schools); Transportation, Traffic, Parking and Circulation (Project Traffic, Cumulative Impacts). 1 432 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" 39. Applicant shall prepare project CC&R's to address parking restrictions for on - street guest parking and all other guest parking areas, including any use of common driveway space for parking. Parking provisions shall also include allowances for golf cart use and parking throughout the site. 40. Building heights, setbacks, parking and other development standards shall be in compliance with the approved plan documents for the Eden Rock at PGA West project, and any precedent conditions of approval for Tentative Tract Map 33226, Specific Plan 83-002, Amendment No. 6. 41. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City's standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. 42. The entire perimeter wall design and location, including sound wall areas, entry wall areas, and property line walls through a master wall plan, subject to review and approval by the Planning Department, in accordance with the landscape review process as conditioned. The wall location shall maintain a minimum 15 foot setback from face of curb at any point along PGA Boulevard; however, a request for consideration of an averaged setback may be approved if determined to be appropriate by the Planning Director. The wall plan shall specify colors and materials to be used for the walls, capping, pilasters, entry monuments, planters, and any other such features. The perimeter wall shall be generally be designed based on the existing walls along PGA Boulevard, but create more of a unique yet compatible appearance that will complement the existing streetscape and wall improvements and provide some design distinction relative to the Eden Rock project architecture. It shall be a separate plan sheet(s), to be included with the landscape plan submittal for ALRC review. The primary perimeter wall surrounding the entire site shall be installed as part of the initial project improvements phase. 43. The initial phase of project improvements shall also include the full extent of the golf cart path realignment as shown on the approved tentative map exhibit. 44. All vehicular and pedestrian courtyards shall be developed with decorative pavers. All tile roofs shall be Mission clay, and incorporate a built-up mudding effect. All stucco coatings shall be a smooth, hand -trowel finish. 45. Applicant shall provide a common area recreation area and amenity plan, including options for active recreational use amenities, to the Planning 433 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 1, 2008 EXHIBIT "A" Department for review and approval by ALRC and Planning Commission. Active recreation opportunities are to be provided in the larger common open areas adjacent to the Village units, as delineated on the approved Open Space Exhibit. 46. The applicant shall submit detailed lighting plans for all common areas and buildings, and for all residential structures, to the Planning Department for review and approval as part of building plan check. Lighting plans shall include site lighting, and all proposed fixture details and schedules for buildings and outdoor areas. 47. Any architectural design revisions to any residential or common area structure shall be reviewed through the ALRC and Planning Commission as a no -public hearing business item, unless determined otherwise by the Planning Director based on significance of the design revision. The Entry Gate and Guard House, and a revised Manor one-story duplex building plan, are specifically remanded back to the Planning Commission for further review and possible revision, prior to the building plan check process. The Manor one-story duplex building plan shall consider more architectural detailing and enhancement, particularly with respect to the front elevation. 48. The project developer shall work with City staff to identify and incorporate enhanced energy conservation and efficiency measures, toward exceeding the minimum provisions of California Building Standards Code, Title 24. Such measures shall be considered in all aspects of project implementation, from initial grading construction to landscaping installations. 4 434 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CROWNE POINTE PARTNERS,LLC. DEVELOPMENT AGREEMENT 2006-011 EDEN ROCK AT PGA WEST WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the Planning Commission of the City of La Quinta did, on the 8" day of January, 2008, hold a duly noticed Public Hearing to consider Development Agreement 2006-011, and did in fact adopt Planning Commission Resolution 2008-006, recommending its approval to the City Council; and, WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 151 day of April, 2008, hold a duly noticed public hearing to consider Development Agreement 2006-01 1; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving the Development Agreement: 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan, and the Conditions of Approval for the Eden Rock at PGA West project under Specific Plan Amendment 83-002, Amendment No. 6, Tentative Tract 33226; and Site Development Permit 2006-852, as approved and adopted under La Quinta Planning Commission Resolutions 2008-003, 2008-004 and 2008-005, respectively. The applications to be implemented in conjunction with Development Agreement 2006-01 1, will not be developed in any manner inconsistent with the General Plan land use designation of Resort Mixed Use and other current City standards when considering the conditions as imposed, and the requirements of the Development Agreement. General Plan Amendment 2006-107, Zone Change 2006-127 and applicable Specific Plan 83-002, Amendment No. 6, designate the project site within the PGA 435 Ordinance No. Development Agreement 2006-011 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 2 West Specific Plan as Resort Mixed Use under the General Plan, and Tourist Commercial, with a Residential Specific Plan overlay under the Zoning Code. These designations permit the proposed 264-unit condominium/townhome project as a residential use with resort amenities. Use of this overlay is appropriate, in conjunction with the Specific Plan amendment, to facilitate the residential project proposed and the integration of a residential land use component into the existing Tourist Commercial zoning as set forth in the Specific Plan. Further, residential use of the site is permitted with approval of Development Agreement 2006-01 1, that ensures a funding mechanism to be in place, to financially offset the conversion of the original hotel/resort site to a residential use. 2. The land use authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is now zoned Tourist Commercial/Residential Specific Plan Overlay, and regulations as stipulated for said zoning ensures that residential use of the site will only be permitted with approval of a Development Agreement that ensures a funding mechanism to be in place, through certain mitigation payments, to financially offset the conversion of the original hotel/resort site to residential use. 3. The proposed Development Agreement is in conformity with the public necessity, convenience, general welfare and good land use practice. The Development Agreement will allow development of residential uses at varying residential densities, and ensure provision of a desirable and functional community environment and effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project. It will also ensure compensation for costs of potential additional public services that the project will generate, and added wear and tear on the municipal infrastructure which will result from the project, which costs would have been recovered if the site were developed as currently entitled, for a 1,000-room resort hotel, conference center and 100,000 square feet of resort retail. The Development Agreement contains provisions to ensure this compensation through certain mitigation payments, which is intended to financially offset the conversion of the original hotel/resort site to residential. 4. Approval of this proposed Development Agreement will not be detrimental to the public health, safety and general welfare. All immediately surrounding property is zoned for residential or golf course use development. + ' 436 Ordinance No. Development Agreement 2006-011 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 3 Development of the site as a residential use, while at a higher density than the residential properties surrounding the site, will not significantly impact quality of life for area residents. The project application for a 264-unit residential condominium/townhome development of one and two-story structures, is determined not to be a detriment to the community, in light of the currently approved entitlements, which could allow for a 1,000-room hotel of six stories, conference center and 100,000 square feet of resort retail use for the site. 5. Approval of this proposed Development Agreement will not affect the orderly development of property or the preservation of property values. Development of the subject site, pursuant to project application and this Development Agreement, will enhance property values for other surrounding area properties, as it facilitates development of a high -quality residential complex with a resort emphasis, without the negative compound traffic and other impacts associated with the site as currently entitled, for a 1,000-room resort hotel, conference center and 100,000 square feet of resort retail. 6. Approval of this proposed Development Agreement will have a positive fiscal impact on the City, in that implementation of the Development Agreement will produce revenues through certain mitigation payments associated with the loss of transient occupancy taxes due to the proposed residential use of the site, in lieu of current land use entitlements as previously approved for a 1,000-room resort hotel, conference center and 100,000 square feet of resort retail. These mitigation payments will ensure compensation for costs of potential additional public services that the project will generate, and added wear and tear on the municipal infrastructure which will result from the project. 7. Consideration of this Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: 437 Ordinance No. Development Agreement 2006-011 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 4 SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement attached as Exhibit A in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the City Manager to sign the Development Agreement on behalf of the City, and the City Clerk to record the Development Agreement in the Official Records of Riverside County in accordance with applicable law. SECTION 2. ENVIRONMENTAL. The environmental determination for the Eden Rock Project at PGA West, as evidenced by City Council certification of a Subsequent Environmental Impact Report (SCH #2007061056) prepared pursuant to the California Environmental Quality Act, was confirmed and adopted by the City Council, on April 1, 2008. Said determination, along with the City Council approval of the Eden Rock at PGA West Project applications on April 1, 2008, extends to include this Development Agreement, based on its incorporation as part of the overall project, as defined under CEQA. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 151 day of April, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LEE M. OSBORNE, Mayor Pro Tern City of La Quinta, California 1 433 Ordinance No. Development Agreement 2006-011 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 5 ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ► § CITY OF LA QUINTA 1 I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No._ that was introduced at a regular meeting on the th day of 2008, and was adopted at a regular meeting held on the _`h day of 2008, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 2008-_ VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California 439 Ordinance No. Development Agreement 2006-011 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 6 DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on 2008, pursuant to City Council Resolution. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California EXHIBIT A RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 27383) DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF LA QUINTA ("CITY") Oa 17 CROWN POINTE PARTNERS, LLC ("DEVELOPER") 882,015610-0096 4 4 1 798896 07 a0327,08 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the day of , 2008 ("Reference Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (the "City"), and CROWN POINTE PARTNERS, LLC, an Oregon Limited liability company (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 ("Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Prior to or concurrently with the execution of this Agreement, the City Council (i) approved the PGA West Specific Plan, also known as Specific Plan 83-002, on May 15, 1984, by City Council Resolution No. 84-31, and all subsequent amendments thereto, including, without limitation, Specific Plan 83-002, Amendment #6, approved by City Council Resolution No. , on April 1, 2008 (collectively, the "Specific Plan"); (ii) certified an Environmental Impact Report prepared for the Specific Plan, on May 1, 1984, by City Council Resolution No. 84-28, and all subsequent amendments thereto, including, without limitation, the Subsequent Environmental Impact Report (SCH No. 2007061056), certified by the City Council on April 1, 2007, by City Council Resolution No. (collectively, the "EIR"); (iii) approved General Plan Amendment 2006-107, on April 1, 2008, by City Council Resolution No. ("GPA Amendment 2006-107"); (iv) approved Zone Change 2006-127, on , by Ordinance No. ("Zone Change 2006-127"); (v) approved Tentative Map 33226, on April 1, 2008, by City Council Resolution No. ("TTM 33226"); and (vi) approved Site Development Permit 2006-852, on April 1, 2008, by City Council Resolution No. ("SDP 2006-852"). D. Developer owns the 41.95 acre parcel ("Site") which is legally described in Exhibit "A" attached hereto, and on which Developer wishes to develop a resort consisting of approximately two hundred sixty-four (264) resort units, as further described herein (the "Project"). E. Consistent with Section 9.250.030 of the La Quints Municipal Code, City and Developer desire to enter into a binding agreement for purposes of (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as 882,015610-0096 798896.07 a03/27,08 -2- 4 442 traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Project will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Project, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) obligating the Developer to enter into and record, against the Site, a "City Declaration of CC&Rs" (as that term is defined in Section 3.2.1 below) that sets forth certain requirements of the owners of the "Units" (as that term is defined in Section 2.2 below) to make certain mitigation payments to compensate for loss of "Transient Occupancy Tax" (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code; and (iii) granting Developer a vested right to develop the Site according to (a) the Specific Plan, (b) the EIR, (c) GPA Amendment 2006-107, (d) Zone Change 2006-127, (e) TTM 33226, (f) SDP 2006-852, (g) any future Site Development Permits issued for the Project, (h) any subsequent parcel or subdivision maps to be recorded on the Site, (i) any other approvals and permits issued for the Project, and 0) the conditions of approval associated with each and all of the foregoing approvals (collectively, the "Conditions of Approval"). The documents, permits, approvals, and conditions described in the foregoing clauses (a)-O) are collectively referred to herein as the "Development Plan," and are, or when approved or issued shall be, on file with the City Clerk. The Conditions of Approval are attached hereto and incorporated herein as Exhibit `B. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On approving this Agreement. the City Council adopted its Ordinance No. 882,015610-0096 798896 07 a03/27,08 -3- 9 443 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. 1.2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of which is the date that Ordinance No. takes effect ("Effective Date"). 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below, and shall have no effect on the obligations imposed under the City Declaration of CC&Rs. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the Conditions of Approval) shall be deemed vested upon the Effective Date of this Agreement, save and except that any additional rights that would be created by subsequent, implementing approvals, such as site development permits, would not vest until the approval of such implementing approvals, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this 882 015610-0096 79889607 a03,27,08 -4 4 i i Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the earlier of the final approved City inspection of the completed development on such phase, parcel, or lot, or the issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the recorded City Declaration of CC&Rs shall survive the termination of this Agreement, and except to the extent expressly specified otherwise in this Agreement, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement, including, without limitation, Section 9.140.080 of the La Quinta Municipal Code (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws") that are enacted or adopted on a City-wide basis; provided, however, that the City may enact or adopt New Laws which are not enacted or adopted on a City-wide basis if such New Laws are required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other resources); (iii) all subsequent development approvals and the conditions of approval associated therewith, if any; (iv) . the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. Notwithstanding anything herein to the contrary, the City may initiate and/or approve amendments to the Specific Plan without obtaining the consent of Developer, so long as they do not include any portion of the Site. '82,015610-0096 798896.07 a03/27,08 -5- 4 ¢5 2.2 Project Components. 2.2.1 The Project shall consist of two hundred sixty-four (264) resort units (each, a "Unit" and collectively, the "Units") and related amenities. The Units shall be constructed as follows: (i) Approximately one Hundred Two (102) of the Units (the "Village Homes") shall be constructed in seventeen (17) structures containing six (6) Units each. Each of the Village Homes shall be condominiums. (ii) Approximately eighty-three (83) of the Units (the "Courtyard Homes") shall be constructed in thirty-five (35) one-story duplex structures and forty- eight (48) two-story duplex structures. (iii) Approximately seventy-nine (79) of the Units shall be constructed in twenty-five (25) two-story triplex structures, with each such structure containing two (2) ground floor Units and one (1) upper floor Unit; and two (2) one-story duplex structures. Each of the Manor Homes shall be condominiums. 2.2.2 Notwithstanding the mix of Units described in clauses (i), (ii) and (iii) above, and subject to the remainder of this paragraph, Developer shall be permitted to change the mix of Units, subject to (i) an administrative approval by the City Planning Director, which approval shall not be unreasonably withheld, conditioned or delayed, and (ii) if determined necessary by the City Planning Director, approval by the Planning Commission and City Council of Amendments to SDP 2006-852 and TTM 33226. The decision of the City Planning Director shall be subject to appeal to the Planning Commission, and subsequently to the City Council, at the Developer's election. Notwithstanding any of the forgoing, (a) nothing in this Section 2.2.2 shall be construed to permit Developer to exceed a total of two hundred sixty-four (264) Units without further environmental review under CEQA, as well as Planning Commission and City Council approval, (b) no such change shall be approved unless and until Developer proposes funding mechanisms satisfactory to the City Planning Director that provide for receipt by the City of a cumulative amount of payments that is not less than the cumulative amount of payments anticipated to be received from the City from the Unit mix set forth in Section 2.2.1 above pursuant to Section 3.3.2 and pursuant to the City Declaration of CC&Rs during the term of this Agreement, and (c) Developer may not "shift" more than fifty-two (52) of the Units from one development designation to another. 2.3 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.3.1 Building, Electrical, Mechanical, Fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, as existing on the Effective Date of this Agreement or as may be 882 015610-0096 798896.07 a03,27,09 -6 4 / enacted or amended thereafter, so long as they are applied to the Project in a nondiscriminatory manner. 2.3.2 In the event of fire or other casualty requiring reconstruction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.3.3 This Agreement shall not prevent the City from establishing any new City fees, including new development impact fees, or increasing any existing City fees, including existing development impact fees, including, but not limited to the mitigation payments described in and required pursuant to the City Declaration of CC&Rs and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged; provided, however, that nothing in this Agreement shall permit the City to increase the amount of the mitigation payments described in and required pursuant to the City Declaration of CC&Rs, except as expressly provided therein. 2.4 Developer Impact Fees. For purposes of calculating required Developer Impact Fees, all Units in the Project shall be deemed to be, and shall pay fees as, residential units. 2.5 Permitted Density, Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 2.6 Limitation on Future Development Restrictions. Except as otherwise expressly permitted by the terms of this Agreement, City shall not impose on the Project (whether by action of the City Council, Planning Commission, or City Staff, or by initiative, referendum or other means), any change in the applicable zoning, land use designation, or permitted uses under the Development Plan that would reduce the density or intensity of development of the Project, or that would otherwise require any reduction in the total number of Units, square footage, floor area ratio, or height of buildings. 2.7 Timing of Development. Developer is not obligated by the terns of this Agreement to affirmatively act to develop all or any portion of the Site, dedicate any land, or to otherwise meet or perform any obligation with respect to the City, except and only as a condition of development of any portion of the Site. The development schedule for the buildout of the Project shall be that solely established by Developer, consistent with the terms of this Agreement and the Development Plan; provided, '82,015610-0096 798896 07 a03127i08 -7- however, that the phasing plan for the Project shall be as established in TTM 33226 and SDP 2006-852. 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval, which include and incorporate the mitigation measures specified in the Subsequent Environmental Impact Report for the Project (the "SEIR") so that significant environmental effects will be mitigated or avoided. The Developer shall also comply with the mitigation monitoring program associated with the SEIR, as set forth in Exhibit "C" attached hereto (the "Mitigation Monitoring Program"). Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit `B" may be applicable to the Project if and as associated with future Project approvals. 3.2 Covenants, Conditions and Restrictions. 3.2.1 Recordation of City Declaration of CC&Rs. Prior to, and as a condition of the City's issuance of any building permit for the Project, Developer shall have entered into with the City and recorded against the Site a Declaration of Covenants, Conditions and Restrictions in the form attached hereto and incorporated herein as Exhibit "D" (a "City Declaration of CC&Rs"), the covenants of which shall bind the Site and each and every Unit developed thereon in perpetuity and shall survive the termination of this Agreement. As set forth more fully in the City Declaration of CC&Rs, Developer acknowledges and agrees that there will be subsequent adjustments to the amounts for the "TOT Mitigation Payment" set forth in Section 2.1 of the City Declaration of CC&Rs. 3.2.2 Recordation of Developer's CC&Rs. Prior to and as a condition to the City's issuance of a temporary or final certificate of occupancy for the Project or any Unit therein, Developer shall have submitted to City, obtained City's approval of, and recorded against the Site, a declaration of covenants, conditions, and restrictions (the "Developer CC&Rs") that (i) provides for the establishment of a homeowners' association (the "HOA"), (ii) is necessary to create a condominium regime for the Village Homes and Manor Homes, as described on the Condominium Plan to be recorded in accordance with all applicable laws; (iii) sets forth the obligations of the owners of the Units to make certain mitigation payments, as further set forth in the City Declaration of CC&Rs, and requires all such mitigation payments to be paid and brought current prior to any sale by the owner thereof; (iv) provides for the HOA's operation of a rental tracking system pursuant to the requirements set forth in Section 1.3 of the City Declaration of CC&Rs (the "Rental Tracking System") and establishment of a rental management program pursuant to the requirements set forth in Section 1.4 of the City Declaration of CC&Rs; and (v) provides for each owner of a Unit to report any rentals of his or her Unit to the administrator of the Rental Tracking System pursuant to the requirements set forth in Section 1.3 of the City Declaration of CC&Rs. The Developer CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are required hereby, and shall require the written 882b015610-0096 798896.07 03Q7M 9 443 approval of the City prior to any amendments thereto to any of the provisions which are required hereby, which approval shall not be unreasonably withheld or delayed. If the California Department of Real Estate ("DRE") refuses to approve the CCRs in the form approved by the City, and the Developer has used all reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Agreement. Such equivalent protections shall be subject to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any building permit for the residential units. 3.3 Payments to City by Developer. 3.3.1 General. During the Term of this Agreement, Developer shall make the payments to City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this Section 3.3 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 3.3.2 Developer's Payments of One -Time Mitigation Payments. (i) Developer shall pay to the City, for each of the Courtyard Homes in the Project, with such payment due upon the first close of escrow for each such Unit, the sum of Three Thousand Dollars ($3,000.00). (ii) Developer shall pay to the City, for each of the Manor Homes in the Project, with such payment due upon the first close of escrow for each such Unit, the sum of Three Thousand Five Hundred Dollars ($3,500.00). (iii) Developer shall pay to the City, for each of the Village Homes in the Project, with such payment due upon the first close of escrow for each such Unit, the sum of Two Thousand Five Hundred Dollars ($2,500.00). Developer acknowledges and agrees that the foregoing payment amounts are subject to Section 2.2.2, which provides that if Developer changes the designation of a Unit from that originally contemplated herein, the one-time payment for that Unit will increase if the Unit is changed to a Unit designation that requires a higher one-time mitigation payment, but the one- time payment will not decrease if the Unit is changed to a Unit designation that requires a lower one-time mitigation payment. 3.3.3 Other Fees and Charges; Assessment Appeals. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including, but not limited to, transient occupancy taxes; provided, however, that subject to the following two sentences, nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have 892,015610-0096 798896.07 a03/27/08 -9- 4 449 to challenge any fee, charge, levy, assessment, or tax imposed. Developer agrees on behalf of itself and on behalf of all persons or entities that may own an interest in the Site or the Units in the future that no action shall be taken, including any assessment appeal, to decrease the assessed value of any of the Site or any portion thereof below the final assessed value at the time the development of the Site or separate Parcel thereof is completed. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Site or the Units in the future that during the term hereof no action shall be taken to challenge, cancel, reduce, or otherwise negate the payments required to be made to the City pursuant to the City Declaration of CC&Rs. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.3.4 Assumption of Obligation by HOA. Upon recordation of the Developer CC&Rs, and the execution and recordation of an assignment and assumption agreement in a form reasonably approved by the City Attorney, the obligations concerning the TOT Mitigation Payments referenced in Section 3.2.1 and in clause (iii) of Section 3.2.2 shall be the obligation of the HOA and the Unit owners, and the Developer shall no longer be responsible for such payments. 3.4 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Conditions of Approval. 3.5 Payment of Fair Share of Mitigation Measures. Pursuant to Section 11.6 of the Mitigation Monitoring Program, Developer shall pay to the City the Project's fair share of the cost to construct certain intersection improvements identified in mitigation measures 11.0-3 and 11.0-4, including right-of-way acquisition (collectively, the "Fair Share Improvements"). Prior to the recordation of the final map for Tract No. 33226, Developer's engineer shall prepare and submit to the City's Public Works Director for approval thereof a cost estimate for the Fair Share Improvements (the "Cost Estimate"). Prior to and as a condition of the City's issuance of the first building permit for the Project, Developer shall deposit with the City the fair share contribution of the Project, as set forth in Table 11.0-12 of the Mitigation Monitoring Program and based upon the Cost Estimate; provided, however, that if more than one (1) year has passed since Developer's submittal of the Cost Estimate, then the amount required to be deposited with the City shall be adjusted pursuant to the construction cost index. The amount of any such adjustment shall be earmarked to be utilized only for the Fair Share Improvements. In the event the City determines that any of the Fair Share Improvements are not feasible, the City may use all of the funds deposited by Developer for the Fair Share Improvements (including any adjustment) for other improvements which the City determines will improve the level of service ("LOS") at the intersections identified in mitigation measures 11.0-3 and 11.0-4. In the event the City determines that the LOS cannot feasibly be improved at such intersections by using Developer's fair share 882 015610-0096 798896.07 a0127,08 -10- n o' 45" contribution, or that only a portion of Developer's fair share payment can be used to feasibly improve the LOS at the intersections, the Developer's fair share payment (or any unused portion thereof) shall be returned to the Developer within ninety (90) days of such determination by the City. Developer may audit the City's use of Developer's fair share payment to determine if Developer is owed any refund. If the Fair Share Improvements become part of the City's Development Impact Fee after the Developer deposits the fair share payment with the City, such payment shall be credited against any Development Impact Fee obligation for the Fair Share Improvements. 3.6 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and its officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and liability and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not the insurance policies referred to in this Agreement are applicable. In the event of litigation, the City agrees, at no cost to the City, to cooperate with the Developer. The Developer shall have the obligation to provide the defense of the City in the litigation, either by providing legal counsel or, at the City's option, timely paying the reasonable legal costs incurred by the City in the defense of litigation. (b) In the event of any court action or proceeding challenging the validity of this Agreement or the Development Plan, the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen, by the City. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. In the event the Developer fails or refuses to provide such defense of any challenge to this Agreement or the Development Plan, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title. 4.0 CITY'S PROCESSING AND APPROVALS. 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. 0-0096 7988966 .03/27 798896 07 a03/27,08 -1 1- A ,i Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. The City shall review this Agreement, including Developer's compliance with the terms hereof, at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, the City, through the City's Planning Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 5.0 DEFAULT• REMEDIES; DISPUTE RESOLUTION. 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party 882 -0096 798 -12- 5 7988969607 07 a072708 B a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) business days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) business days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such five (5) business day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. For purposes of this Section 5.2, "business days" shall refer to Monday through Friday, inclusive, other than State, Federal, or other locally declared holidays. 5.3 City Remedies. In the event of a default by Developer of the terms of this Agreement that has not been cured within the timeframe set forth in Section 5.2 above, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance and the Development Agreement Act. In no event shall the City be entitled to exemplary or punitive damages for any Developer default. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, including the owners of the Units, not to sue the City for damages or monetary relief (except for attorney's fees as provided in this Agreement) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or 882,015610-0096 799896 07 a03Q7 08 -13- 9ji 453 any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE. 6.1 Encumbrances on the Proiect Site. This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 6.3 Mortgagee Not Obligated. No Mortgagee shall have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortgagee Right of Mortgagee to Cure. City shall, upon written request therefor to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) business days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) business days [thirty (30) days for non -monetary defaults], to commence to cure, correct, or remedy the default within such five (5) business day period [or thirty (30) day period for non -monetary defaults], and to continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event 882,015610-0096 798896.07.0327,08 -14- 1 .. 4511, t more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. For purposes of this Section 6.4, "business days" shall refer to Monday through Friday, inclusive, other than State, Federal, or other locally declared holidays. 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT. 7.1 Successors and Assigns. Developer shall have the right to sell, transfer or assign the Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement, without the consent of the City. Any such sale or transfer shall require, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part (as applicable), of the rights, duties and obligations of the Developer under the terns of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, without any further action of the parties, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and (c) Developer and Developer's transferee have submitted a fully executed assignment and assumption agreement in a form set forth in Exhibit F. 7.2 Sales in Normal Course of Business. The provisions of the above Section shall not apply to the sale or lease of a Unit which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Upon any such sale or lease, the Unit shall be released from the rights, duties and obligations of the Developer under this Agreement, except for all obligations which extend to the individual Units under the provisions in the City Declaration of CC&Rs and the Developer CC&Rs which implement this Agreement. This release shall in no way limit the duties and obligations of the Developer, and shall in no way release the Units from any of the obligations set forth in the City Declaration of CC&Rs and the Developer CC&Rs, all of which shall survive such release. 7.3 Assignment by City. The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 992,015610-0096 798896.07 a03'27'08 -15_ 9 :' i 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may, from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager Telephone: (760) 777-7100 Facsimile: (760) 777-7101 With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson Telephone: (714) 641-5100 Facsimile: (714) 546-9035 To Developer: Crown Pointe Partners, LLC 8905 SW Nimbus Avenue, Suite 400 Beaverton, OR 97008 Attn: Louis Swart Telephone: (503) 670-9300 Facsimile: (503) 670-9400 With a copy to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attn: James D. Vaughn, Esq. Telephone: (805) 446-1496 Facsimile: (805) 446-1490 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service to the addresses above, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Majeure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts 882,015610-0096 798896 07 a0327 08 -16- 9 ' . 456 of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the City and the Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 BindingEffect. ffect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and not as an agent of the other in any respect. No joint venture is formed by this Agreement. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of the City's adjoining properties and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. '82,015610-0096 _ 17_ 7 - 798896.07 a03,27,08 1 � 8.7 Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of the City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or in connection to this Agreement, or for any act or omission on the part of the City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, etseq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. Developer shall be required to reimburse City for all reasonable costs City incurs in negotiating, preparing, and processing any alterations, changes, or modifications. In connection with any request for an alteration, change or modification, Developer shall deposit with the City the sum of Ten Thousand Dollars ($10,000). Notwithstanding the foregoing, the City Manager shall have the discretion to authorize a lesser deposit, in the event he or she determines the proposed alteration, change or modification is minor. In the event the funds on deposit are depleted, City shall notify Developer of the same, and Developer shall deposit with the City an additional Five Thousand Dollars ($5,000) to complete processing of the requested alteration, change or modification. Developer shall make additional deposits to City, as needed, pursuant to the foregoing process, until the requested alteration, change, or modification is finalized. Within sixty (60) days after such alteration, change or modification is finalized, City shall reimburse the Developer any unused sums. 8.10 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 799896.07.07 27,08 -18- q ' 1 458 8.11 Severability. if any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 8.12 Cooperation in Carrying Out Agreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Planning Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this 459 88210l5610-0096 -19- 799896 07 a03/27,08 Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A" — "F" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Conditions of Approval C Mitigation Monitoring Program D City Declaration of CC&Rs E Compliance Certificate F Assignment and Assumption Agreement 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.21 Authority to Execute; Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 882,015610-0096 _20_ 798896 07 a0327i08 p ' (� 8.22 City Approvals and Actions. Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City Manager, his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise or the law otherwise requires. 8.23 Governing Law; Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.24 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. [SIGNATURE PAGE FOLLOWS] 882,015610-0096 .21_ 798896.07 .0327,08 'U I IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. "DEVELOPER" CROWN POINTE PARTNERS, LLC, an Oregon limited liability company By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation Thomas P. Genovese City Manager ATTEST: 0 Veronica J. Montecino City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 892,015610-0096 798896 07 a0327 08 -22- 4 4 6 2 State of California County of Lem before me, (insert name and title of the officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. State of California County of On before me, (Seal) (insert name and title of the officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) 882 015610-0096 -23- 798996 07 a03127i08 4 4�3 EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: PARCEL 1 LOT 1 AND LETTERED LOT L OF TRACT NO. 29421, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE ON FILE IN BOOK 297, PAGE(S) 54 THROUGH 57 OF MAPS, RECORDS OF SAID COUNTY, CALIFORNIA. PARCEL2 PARCEL 7 OF PARCEL MAP NO. 20426 IN THE CITY OF LA QUINTA AS SHOWN BY MAP ON FILE IN BOOK 129, PAGE(S) 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING THERE FROM THAT APORTION SAID PARCEL 7 ABOVE CONVEYED TO PGA WEST ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED NOVEMBER 7, 1989, AS INSTRUMENT NO. 388530 OF OFFICIAL RECORDS, AS APPROVED BY LOT LINE ADJUSTMENT NO. 879-084. LOT LINE ADJUSTMENT FOR PARCEL 2, NO. 2004*411, RECORDED ON OCTOBER 8, 2004, AS INSTRUMENT NO. 2004-0803272. 882 015610-0096 798896.07 a0327i08 4 4 EXHIBIT "B" CONDITIONS OF APPROVAL '82,015610-0096 798896.07 a03,27,08 EXHIBIT "C" MITIGATION MONITORING PROGRAM 882,015610-0096 ! 468 798896 07 a03/27/08 U n F' U � U C o C7 O 'b 7 to ° O Y y ¢ o N p O Cq N o 3 b kn ¢ U E N o d U N W UhCq a 0 y r N o y 'y ono O � c o 0 o U N o o a N.y y q 0 O N P-i y � r N O ClM i M qIn t o ¢ W U C ¢ g IH oo.o oN U > O U >x N O ¢ 0NoJ) V')M�U F Z CG U W~ W A U d C� W d A �! 07 UV .n Q O %1 b � 3 0 id U 0. V U •aC, q ° G1 ° C] 0 W a0.i W U y N � 3 .� s b 3 a � •� Acq aw a W aF0 a.a Cd7� -. a U �cl ti .a c E .CL CL a W h o � o Ccn o.o d�" �? � o•° o x cc hN M V 67 0 0 U U p U U q u y C F q o q A 0 o w ,o w4(5 w w w U C G vy O ,G 0.i A � V] � N dV1 � N QVl tom. RiL OD C .b L CY G Ry � � 5n U U U U U q q q Q A A e n Q y aIj y y y p� Q o c A O O CN O cCd o m p� O cd O 3" 3� 3 C C C a. w CO C a a. W C� a 0.1 a CO a C7 a m a o o� r ey cy m w U ti ..'1. N G .O T T � iC �a �l .0 7 � q � � 'G❑❑ 'C' � ,L ABC �UaW � V p w 7 a o 0 0 o n n �r o a ok Q To U u otsO r e y oar ca w w U w, w, cn A Y cbi y U 3Q.oa.>x c 3� [ 4(5 G>a��i�o� o o 0 o r o W O d ro 3 'O O o o U U y c0 w U a.i C1 U CL U U V h v N H C U N U 'a ►� .a o Ny �a°aa� 468 W F C A �W a4 U� o � w o a o U V A O [O .fl O G O O O ci U �, c o W W y U O p w Y imi� to U U C on O F _ b 5u� c C4 0 o a o a o o and R aF U a T m t oA Ca �1 t OCa ro OCa Ll to Ca to W C toC C q C C O a o]aa a. e. moa°.a rra,a a C O �I::U C .a b O O u O T O y 'w ti a o o N 3 o n In C t 3 o'� c a •[ o o U 'C a S E .G ' ' obu o w a y o aai p 's bo C o 3 v qd d Q "Cd �YN. � w0 10 W y a.� " O cC ❑ ' O to to G ❑ .f";" q cl O G Toq byb> a wO n'•c �wao w_on �R Lo os.t a •v � � ° ° � ° C a°� o Q' p gyto p, ,to cOi 4, 469 w 4If 47�J W E A d�W ai U OV 3 q g o 3 0 3 0 q a3i .q CO U R. 0 "' '" Q' y m +' O <tl " V% O m U yrn ca O m C O O p O O C B r H cpi 0 p C C C V5 C U OU p U O O O c G c a c c a o w ao 4Cg wQ w� w �Q wE� o o a0 m o o o oQ o c3 c3 c33c c3 c3 53 b• b•� b•�' b.� b•^ r 5 F O 0 O p�•O � G 'o O'.� U i3 p � ❑' N O � N v� T N U � .0 CL U pw O DA 0 V4J p, O U Yy iy .`�. w 'p cG ro U � 0.... � '� A p 3 � o"i N •�' w y .d C N D O ram. vi q 'O C > Q > cC g •N p, � C •' LY V O T O �U, w cCy y'� 2o.3 co 0 gcotl p . C yA° .U. o N ';;; tl ° o ° a� cn o o c�i c °3 a m y O W o >v°' w Q p M ro �v ri r k r 471 4(5 \ / � t _ \ ) �§ / ] \ / \ \� \ \\ \\\ \§ Z5 rR y \{ \2) \) )/\ \/)) 003 20Q \ \� ; \\ § � )E_ )$u \\ bo }� 0 \ /) ? §, t ± \\ \ $ to ) ) 2 \\\ \§ \\\ w Q92 \ \� ) \� )\\\\(\\\$ §) / \ - ` \ ]= k\ z! a ( � EE \ \ \k\ § \§ t keo Con / �\) ® 2 § op \) § zo cc \) \ vs c r0U = to -�§ �\t�) 2« /$ 7\2/ƒe)©§®(g \=Gj\ a 2/ 2� Q®»%]] 0 )�aG= c )§2ƒ $2 ® )\\\3//±)\/\\§e 4 \\\\\\ )/f2\)`\§�\/\\) \/ \ /�))a! /i-5ma. ](); \/\}$/ g ) &73 EXHIBIT "D" CITY'S DECLARATION OF CC&RS 882,015610-0096 798896.07 a0127r08 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager (Space Above this Line for Kecomer s utttce use umy) (Exempt from Recording Fee per Gov. Code § 27383) CITY'S DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Declaration") is entered into this _ day of , _, by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California ("City"), and a ("Developer"). RECITALS: A. Developer is the fee owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, and more particularly described on Exhibit A attached hereto (the "Property"). B. Developer has obtained approval from City to develop and operate on the Property a resort project with associated amenities (the "Project"). C. Pursuant to that certain Development Agreement entered into by and between Developer and City on or about , which was recorded on as Instrument No. in the Official Records of the County of Riverside (the "Development Agreement"), as a condition to the approval of the Project and as a condition to the City's issuance of any building permits for the Project, Developer is required to have executed this Declaration and recorded it against the Property. D. City has fee interests in various streets, sidewalks, and other property within the City (the "Benefited Public Property"), and is responsible for planning of land uses within the City in such a manner as to provide for the health, safety, and welfare of the residents of the City. The Benefited Public Property is legally described in Exhibit `B", attached hereto and incorporated herein by this reference. E. Developer and City desire to enter into this Declaration to bind the Property, and all of the "Units" (as that term is defined in Section 1.1 below) thereon. The restrictions and covenants herein shall be deemed to be included with and imposed as restrictions on the Property and on each and every conveyance of the (i) Property, and (ii) the Units without express reference thereto in the deed evidencing such conveyances. 882/015610-0096 9 :: 799454.04 a03/27/06 475 DECLARATION NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Developer agree, on behalf of themselves and the successors and assigns of Developer, including, but not limited to, the owners of the Units (each, an "Owner," and collectively, the "Owners") including for the benefit of City, as follows: 1. Restrictive Covenant. 1.1 Project Accommodations. The Project includes two hundred sixty-four (264) resort units (each, a "Unit," and collectively, the "Units"), and related amenities. The Units are described as follows: (i) Approximately One Hundred Two (102) of the Units (the "Village Homes") shall be -constructed in seventeen (17) structures containing six (6) Units each. Each of the Village Homes shall be condominiums. (ii) Approximately eighty-three (83) of the Units (the "Courtyard Homes") shall be constructed in thirty-five (35) one-story duplex structures and forty-eight (48) two-story duplex structures. (iii) Approximately seventy-nine (79) of the Units (the "Manor Homes") shall be constructed in twenty-five (25) two-story triplex structures, with each such structure containing two (2) ground floor Units and one (1) upper floor Unit, and two (2) one-story duplex structures. Each of the Manor Homes shall be condominiums. 1.2 Recordation of Covenants Conditions and Restrictions. Prior to, and as a condition of, the City's issuance of any temporary or permanent certificate of occupancy for the Project, the Developer shall submit to the City, obtain approval thereof, and record, covenants, conditions and restrictions against the Property which, in addition to the obligations set forth in the Conditions of Approval, (i) shall provide for establishment of a homeowner's association for the Project (the "Association"); (ii) shall provide for the Association's collection of and payment to the City of the amounts described in Section 2 below and requires all such payments to be paid and brought current prior to any sale by an Owner; (iii) shall provide for the Association's operation of a rental tracking system pursuant to the requirements set forth in Section 1.3 below (the "Rental Tracking System") and establishment of a rental management program pursuant to the requirements set forth in Section 1.4 below; (iv) shall provide for each Owner to report any rentals of his or her Unit to the administrator of the Rental Tracking System pursuant to the requirements set forth in Section 1.3 below; and (v) is necessary to create a condominium regime for the Village Homes and the Manor Homes, as described on the Condominium Plan to be recorded in accordance with all applicable laws (the "Developer CC&Rs"). The Developer CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are set forth in this Section 1.2, and shall require the written approval of the City prior to any amendments thereto to the provisions thereof which are set forth in this Section 1.2. If the California Department of Real Estate ("DRE") refuses to 882i015610-0096 -2- 9.. / �] 79945404 a0Y27r08 "Z 1 approve the Developer CC&Rs in the form approved by the City, and the Developer has used all reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Declaration. Such equivalent protections shall be subject to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any certificates of occupancy for the Units. 1.3 Rental Tracking System. The Association shall establish and operate throughout the term of this Declaration the Rental Tracking System to be administered by the Association or its agents or contractors. The Developer or Association shall notify the City of the name and contact information of the administrator of the Rental Tracking System (the "Administrator") on or before the date that the first certificate of occupancy is issued for any of the Units. Each Owner (or such Owner's agent) shall report any rental of such Owner's Unit to the Administrator if such Unit is not rented through the Rental Tracking System. Each Owner shall be responsible for reporting to the Administrator the following information for all rentals of their Units: (a) the Unit rented; (b) the term of the rental, including the first and last day; (c) the rental payment charged; (d) the rental agent, if any; and (e) the name of the renter. The Administrator shall use all reasonable diligence to assure that all such information is collected. The Administrator shall provide monthly written reports summarizing the information collected pursuant to clauses (a) through (e) above, inclusive, as an aid to the City in assuring that the proper collection of applicable transient occupancy tax (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code ("TOT") is occurring. The City shall have the right to audit the records of the Administrator upon two business days written notice to the Administrator. It shall be the obligation of the Association to notify the City of any redesignation of the Administrator. On an annual basis, the Administrator shall provide an information brochure to all Owners of Units describing: (1) the obligation to collect TOT on all rentals; (2) the obligation in the Developer CC&Rs that Owners or their agents report all rentals to the Administrator; and (3) contact information for the Administrator and rental management opportunities that are known to be available to the Owners pursuant to Section 1.4 below. The City Community Development Director shall approve the brochure prior to its distribution. The City's approval of the brochure will not be unreasonably withheld. 1.4 Rental Management Program. The Association shall be responsible for ensuring that for the term of this Declaration, one or more contract(s) shall be in effect at all times which provide opportunities to the Owners of the Units to have the ability to make their Units available for rental. The contract or contracts may, but are not required to be, with an on - site rental management agent. All rentals of Units for thirty (30) days or less are subject to compliance with Chapter 3.24 of the La Quinta Municipal Code. 2. Mitigation Payments. 2.1 Requirement to Pay TOT Mitigation Payment. During the term of this Declaration, on each January I't following the Effective Date (each such date, a "TOT Mitigation Payment Due Date"), the Association shall collect from the Owner of each Unit that has been sold to a third party purchaser, as evidenced by the close of escrow for such Unit (regardless of whether such close of escrow occurred in the current, immediately prior, or in a previous year), and remit to the City an annual mitigation payment (each such payment, a "TOT '82/015610-0096 _3— 9 07 7 799454.04 a03�27;08 Mitigation Payment"). Each TOT Mitigation Payment shall cover the immediately preceding January I -December 31 period (with each such period referred to as an "Operative Year"); provided, however, that the first Operative Year hereunder shall commence on the Effective Date and shall end on the next occurring December 31). The amount of each TOT Mitigation Payment shall be as follows: (a) The TOT Mitigation Payment for each Village Home shall be the sum of One Thousand Dollars ($1,000); (b) The TOT Mitigation Payment for each Courtyard Home shall be the sum of One Thousand Two Hundred Dollars ($1,200); and (c) The TOT Mitigation Payment for each Manor Home shall be the sum of One Thousand Four Hundred Dollars ($1,400). Each TOT Mitigation Payment amount, as set forth above, shall be adjusted annually, on each November Vt during the term of this Declaration, by the increase in the Consumer Price Index for All Urban Consumers, Los Angeles -Riverside -Orange County average, All Items, 1984 = 100, published by the United States Department of Labor, Bureau of Labor Statistics (the "CPI"), by comparing the CPI existing on the immediately prior September I" to the CPI existing on the September I" of the previous year. The first such adjustment shall occur on the first November 1" following the earlier of the following two dates: (i) the date of the first close of escrow for a Unit in the Project; or (ii) the two-year anniversary of the "Effective Date" (as that term is defined in Section 3 below). No adjustment shall be made in any year in which there has been a decrease in the CPI. If the CPI is no longer published at any point during the term of this Declaration, the City, in its reasonable discretion, shall select a comparable index. Notwithstanding any of the foregoing, however, to the extent the City has actually received TOT revenues collected by the Association, the Owner, or the Owner's rental agent, generated from the occupancy of a Unit during an Operative Year, the TOT revenues collected and remitted to the City for said Unit shall be credited against the TOT Mitigation Payment owed by such Unit for that Operative Year, and the amount owed shall be reduced by the same amount. For example, if in the first Operative Year the amount of Eight Hundred Dollars ($800) has been paid to the City as TOT based on transient occupancy of a Village Home, the Association shall collect from the Owner of said Unit and remit to the City the sum of Two Hundred Dollars ($200). Further, if a Unit generates TOT in excess of the applicable TOT Mitigation Payment due in a particular Operative Year, then the excess amount of TOT collected shall be credited towards the TOT Mitigation Payment due the following Operative Year. For example, if in the first Operative Year the amount of One Thousand Five Hundred Dollars ($1,500) has been paid to the City as TOT based on transient occupancy of a Village Home, no TOT Mitigation Payment shall be due for the first Operative Year, and Five Hundred Dollars ($500) shall be credited towards the Owner's obligation to pay to the Association a TOT Mitigation Payment for the following Operative Year. 4-0096 799 47� 79945454 04 04 a03R7 06 Developer, on behalf of itself and its successors and assigns, including, but not limited to, the Owners, acknowledges and agrees that the requirement to pay a TOT Mitigation Payment as described in this Declaration, shall be applicable even if an Owner is legally prevented from renting or leasing or otherwise elects not to rent or lease their Unit. 2.2 Late Payments. If an Owner fails to pay to the Association for remittance to the City any TOT Mitigation Payment required to be collected and remitted to the City hereunder within the time required, the Owner shall pay to the Association and the Association shall remit to the City a penalty of ten percent (10%) of the TOT Mitigation Payment or late portion of the TOT Mitigation Payment, in addition to the TOT Mitigation Payment or late portion of the TOT Mitigation Payment, plus interest at the rate of one-half of one percent (.05%) per month, or fraction thereof, from the date on which the TOT Mitigation Payment or late portion of the TOT Mitigation Payment required to be collected and remitted to the City becomes delinquent until the date of remittance to the City. If the Owner fails to pay any penalty imposed under this Section 2.2 within ten (10) days after receipt of notice thereof, the Owner shall pay interest thereon at the rate of one-half of one percent (.05%) per month, or fraction thereof from the date on which the penalty becomes due and payable to the City until the date of remittance to the City. In the event any TOT Mitigation Payment required to be paid and remitted to the City hereunder has been paid by the Owner to the Association for remittance to the City within the time required and the Association fails to remit to the City the same, the Association shall be responsible for any and all late payments set forth in this Section 2.2. 2.3 Sale of a Unit. Prior to the sale of any Unit by the Owner thereof, the Association shall collect from said Owner and remit to the City the TOT Mitigation Payment for said Unit that will be due and payable by the Owner on the next TOT Mitigation Payment Due Date, based on the period of such Owner's ownership. 3. Term. This Declaration shall become effective on the date on which it is recorded with the Riverside County Recorder's Office (the "Effective Date") and shall continue in full force until the earlier to occur of (i) the date on which the City permanently revokes the certificate of occupancy for one or more Units or for the Project; provided, however, that in such event this Declaration shall cease to be effective only as to the Unit(s) or portions of the Project for which the certificate of occupancy has been revoked, and all other Units and portions of the Project shall continue to remain subject to this Declaration; or (ii) termination of this Declaration by written agreement of Developer (or its successor or assign, as applicable) and the City. 4. Covenants RunninP With the Land. Developer declares that the Property and all of the Units shall be held, conveyed, hypothecated, encumbered, leased, rented, used, and occupied subject to the provisions of this Declaration, all of which are declared to be in furtherance of and for the benefit of the Units and to comply with the Conditions of Approval. Pursuant to applicable law, including, but not limited to, Section 1462, 1465 and 1468 of the Civil Code of the State of California, all provisions of this Declaration (i) are hereby imposed as equitable servitudes on each of the Units for the benefit of Developer and Developer's successors and assigns and the City, and (ii) shall run with the land and be binding upon and inure to the benefit of the Benefited Public Property and each of the Units and each and- every portion thereof or interest therein, and all parties having or acquiring any right, title, or interest in the Units or any portion thereof, and their successors and assigns. 882,015610-0096 _5_ 9 09 J 799454.04 a03/27/08 5. Assessment Appeals. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Property or in the Units in the future, that during the term of this Declaration no action shall be taken to challenge, cancel, reduce, or otherwise negate the TOT Mitigation Payments required to be made to the City pursuant to the terms of this Declaration. 6. Default,• Remedies; Dispute Resolution. 6.1 Notice of Default. In the event of failure by Developer, the Association, or the Owners of Units to perform any material term or provision of this Declaration, the City shall have those rights and remedies provided herein, provided that the City has first provided to the defaulting party a written notice of default in the manner required by Section 7.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 6.2 Cure of Default. Upon the receipt of the notice of default, the defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) business days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such non -monetary defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, the defaulting party shall commence to cure, correct, or remedy such default within such thirty (30) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. 6.3 City Remedies. In the event of an uncured default by Developer, its successors in interest, the Association, or the Owners of the Units of the terms of this Declaration, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Declaration. 7. Miscellaneous. 7.1 Notices. Any notices, demands or other communications required or permitted to be given by any provision of this Declaration or which any party may desire to give the other shall be given in writing, delivered personally or sent by certified mail, postage prepaid, facsimile, or by a reputable delivery service which provides a receipt with the time and date of delivery, addressed to a party, at the addresses set forth below, or to such other address as said party may hereafter or from time to time designate by written notice to the other party. To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Phone No.: 760-777-7100 Facsimile No.: 760-777-7101 Attention: Assistant Executive Director 881015610-0096 -6- v 'J 799454.04 a03/27/08 With a copy to: Rutan & Tucker, LLP 611 Anton, Suite 1400 P.O. Box 1950 Costa Mesa, California 92628 Phone No.: 714-641-5100 Facsimile No.: 714-546-9035 Attention: M. Katherine Jenson, Esq. To Developer: Crown Pointe Partners, LLC 8905 SW Nimbus Avenue, Suite 400 Beaverton, OR 97008 Phone No.: (503) 670-9300 Facsimile No.: (503) 670-9400 Attention: Louis Swart With a copy to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Phone No.: (805) 446-1496 Facsimile No.: (805) 446-1490 Attention: James D. Vaughn, Esq. Notice given by United States Postal Service or delivery service as provided herein shall be considered given on the earlier of the date on which said notice is actually received by the party to whom such notice is addressed, or as of the date of delivery, whether accepted or refused, established by the United States Postal Service return receipt or such overnight carrier's receipt of delivery, as the case may be. Any such notice not so given shall be deemed given upon receipt of the same by the party to which it is addressed. 7.2 Force Majeure. In addition to specific provisions of this Declaration, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City or the Agency shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Declaration may also be extended in writing by the City and the Developer. '821015610-0096 -7- 9 `+ 799454.04 a03/27/08 Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 7.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development or operation of the Project, or because of economic or market conditions. 7.3 Books and Records. Upon not less than forty-eight (48) hours written notice to Developer (or its successor or assigns), Developer shall make available to City for inspection and copying the books and records of Developer pertaining to the Project which are relevant to an audit by the City of Developer or its successor in interest's compliance with the terms of this Declaration. 7.4 Developer's Limitation on Damages. Developer covenants on behalf of itself and its successors and assigns, including the Owners of the Units, not to sue the City for damages or monetary relief for any claim arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Declaration or any of the matters referred to herein including but not limited to any of the payments required to be made hereunder. 7.5 Mortgagee Protection. No portion of this Declaration or any amendment or violation hereof shall operate to defeat or render invalid, in whole or in part, the rights of the beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust encumbering any portion of the Property; provided that, after foreclosure of any such mortgage or deed of trust, the property foreclosed shall remain subject to this Declaration. 7.6 Governing Law. This Declaration shall be governed by the internal laws of the State of California, without regard to conflict of law principles. 7.7 Interpretation• Incorporation. This Declaration shall be interpreted to give each of the provisions their plain meaning. The Recitals and the exhibits attached hereto are incorporated into the Declaration. 7.8 Language Construction. Designations used herein are for convenience only and shall not be controlling in the interpretation of this Declaration. 7.9 Amendment. This Declaration may only be amended pursuant to a written amendment, executed by Developer (or its successor or assign) and City, and recorded in the Office of the Recorder of Riverside County, California. 7.10 Counterparts. The parties may execute this Declaration in counterparts. Each counterpart shall be deemed an original instrument as against any party who has signed it. 7.11 Successors and Assigns. All of the terms, covenants and conditions of this Declaration shall be binding upon the Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Declaration, such tern shall include any other permitted successors and assigns as herein provided. 7.12 No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Declaration to be performed by the other party shall not be '82/015610-0096 _g_ ' 43 n 799454 04 a03/'3T08 construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Declaration. 7.13 Severabilitv. If any term, provision, condition or covenant of this Declaration or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Declaration, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 7.14 Time of Essence. Time is expressly made of the essence with respect to the performance by the City and the Developer of each and every obligation and condition of this Declaration. 7.15 Non Liability of Officials and Employees of the City. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Declaration. 7.16 Attorneys' Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Declaration, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs, reasonable attorneys' fees and expert witness fees. [signatures on next page] 882/015610-0096 _9_ 799454.04 a03/27108 IN WITNESS WHEREOF, City and Developer have executed this Declaration as of the date written above. ATTEST: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP City Attorney "CITY" CITY OF LA QUINTA, a California municipal corporation Lo City Manager "DEVELOPER" a By: Its: 882,015610-0096 _10 _ 9 4 4 799454 04 a03,27,08 State of California County of On before me, , Notary Public, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) State of California ) County of ) On , before me, , Notary Public, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 435 892,015610-0096 -1 1- 799454 04 a0327/08 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1 LOT 1 AND LETTERED LOT L OF TRACT NO. 29421, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE ON FILE IN BOOK 297, PAGE(S) 54 THROUGH 57 OF MAPS, RECORDS OF SAID COUNTY, CALIFORNIA. PARCEL 2 PARCEL 7 OF PARCEL MAP NO. 20426 IN THE CITY OF LA QUINTA AS SHOWN BY MAP ON FILE IN BOOK 129, PAGE(S) 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING THERE FROM THAT APORTION SAID PARCEL 7 ABOVE CONVEYED TO PGA WEST ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED NOVEMBER 7, 1989, AS INSTRUMENT NO. 388530 OF OFFICIAL RECORDS, AS APPROVED BY LOT LINE ADJUSTMENT NO. 879-084. LOT LINE ADJUSTMENT FOR PARCEL 2, NO. 2004*411, RECORDED ON OCTOBER 8, 2004, AS INSTRUMENT NO. 2004-0803272. 486 882,015610-0096 EXHIBIT A 799454 04 a0327,08 EXHIBIT B LEGAL DESCRIPTION OF BENEFITED PUBLIC PROPERTY [To be inserted] s82im5e10-009e EXHIBIT B v 4� 799454 04 a03/27,08 EXHIBIT "E" COMPLIANCE CERTIFICATE 882,015610-0096 5 4 3 798896.07 4327M 0 COMPLIANCE CERTIFICATE (EDENROCK DEVELOPMENT AGREEMENT) The undersigned, as the general partner of , a ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated , 2007, (the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation (the "City"), by his/her signature below hereby certifies to the City, for the City's reliance that: I. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the City Declaration of CC&Rs required by Section 3.2.1 of the Development Agreement have been approved by the City and recorded against the Site; (2) the Developer CC&Rs required by Section 3.2.2 of the Development Agreement have been approved by the City and recorded against the Site; (3) all payments required pursuant to Section 3.3.2 of the Development Agreement for the building permits requested to be issued have been paid; (4) all payments required pursuant to Section 3.3.2 of the Development Agreement as of the date have been paid; (5) the Rental Tracking System as required pursuant to Section 1.3 of the City Declaration of CC&Rs has been established, and to the extent that rentals have occurred, the Rental Tracking System is operating in accordance with the requirements of such section; (6) the rental management program as required by Section 1.4 of the City Declaration of CC&Rs is in place, as is evidenced by the fully executed contract or contracts attached hereto as Schedule 1; and (6) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 2, which schedule identifies all applicable Conditions of Approval and a description of how the condition has been satisfied. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of 1 , under penalty of perjury under the laws of California. a By: Its: 882015610-0096 �� 798896 07 a0327,08 Z SCHEDULEI RENTAL MANAGEMENT PROGRAM CONTRACT(S) [DEVELOPER SHALL ATTACH COPIES OF THE FULLY EXECUTED CONTRACT IT HAS PROCURED IN ORDER TO SATISFY SECTION 1.4 OF THE CITY DECLARATION OF CC&RS (SPECIFIC PLAN CONDITION NO. _).] 882b016610-0096 798896.07.0327,08 "' J SCHEDULE2 CONDITIONS OF APPROVAL [DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED.] A_„ o l '82,015610-0096 _ 798896.07 a032L08 _3 EXHIBIT "F" ASSIGNMENT AND ASSUMPTION AGREEMENT 882,015610-0096 _ 492 798996.07 a0327i08 _ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 27383) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of ("Effective Date"), by and between a (the "Developer" or "Assignor") and [ASSIGNEE] ("Assignee"), with reference to the following Recitals. Recitals A. Assignor is the master developer of acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer," and the City of La Quinta, a California municipal corporation ("City"), have entered into that certain Development Agreement dated , 2007 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) requiring the recordation against the Site of a City Declaration of CC&Rs that establishes an on -going obligation of each of the individual Units in the Project to pay the City certain amounts designed to compensate the City unless the Unit generates specified levels of transient occupancy tax; (iii) requiring the recordation against the Site of a Declaration of CC&Rs that (a) provides for '92,015610-0096 _ 798896.07.03,127,08 -1 9 (ii 4�3 establishment of a homeowner's association for the Project (the "Association"); (b) provides for the Association's collection of and payment to the City of the amounts described in Section 2 of the City Declaration of CC&Rs; (c) provides for the Association's operation of a Rental Tracking System pursuant to the requirements set forth in Section 1.3 of the City Declaration of CC&Rs; and (d) provides for each Owner to report any rentals of his or her Unit to the administrator of the Rental Tracking System pursuant to the requirements set forth in Section 1.3 of the City Declaration of CC&Rs; and (iv) granting Developer a vested right to develop the Site according to the Development Plan, all as more particularly described in the Development Agreement. D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee the Site. E. in accordance with Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development Agreement to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement, and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement from and after the date of this Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement, and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Development Agreement, from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized '82,015610-0096 _ 798896 07 a0327,08 _2 4 to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [SIGNATURE PAGE FOLLOWS] r� 882 015610-0096 798896 07 a03!27,09 IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" By: Its: "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] 9.i, 493 982,015610-0096 _ 798896.07 a03/27i08 _4 State of California County of On before me, (insert name and title of the officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. State of California County of On (Seal) before me, (insert name and title of the personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 882 015610-0096 798896 07 a0327,08 EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: PARCEL 1 LOT 1 AND LETTERED LOT L OF TRACT NO. 29421, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE ON FILE IN BOOK 297, PAGE(S) 54 THROUGH 57 OF MAPS, RECORDS OF SAID COUNTY, CALIFORNIA. PARCEL 2 PARCEL 7 OF PARCEL MAP NO. 20426 IN THE CITY OF LA QUINTA AS SHOWN BY MAP ON FILE IN BOOK 129, PAGE(S) 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING THERE FROM THAT APORTION SAID PARCEL 7 ABOVE CONVEYED TO PGA WEST ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED NOVEMBER 7, 1989, AS INSTRUMENT NO. 388530 OF OFFICIAL RECORDS, AS APPROVED BY LOT LINE ADJUSTMENT NO. 879-084. LOT LINE ADJUSTMENT FOR PARCEL 2, NO. 2004*411, RECORDED ON OCTOBER 8, 2004, AS INSTRUMENT NO. 2004-0803272. 882,015610-0096 _ 798896.07 a03i27,08 -6 ATTACHMENT #1 VICINITY MAP N.T.S EDEN ROCK AT PGA WEST 49; ATTACHMENT #3 Existing General Plan/Land Use - Eden Rock 501 ATTACHMENT #4 Proposed General Plan/Land Use 502 ATTACHMENT #5 Proposed Zoning - Eden Rock 503 ATTACHMENT #6 Lac Dewma nesn9en..al GOSC. a w Opeu Space Tou Conmiexul and Reran 2.laed Ux Medium D-n El Readengzl Open Spse HiLside Cosen-anan 0-, lL, LJ U 'J I ' I J ' `I PLANNING AREA III- EDEN ROCK 5Qt ATTACHMENT 7 pp I g vc QWNQNRQS O 23 C—z Rip aCp w z < ►—U m al a QY/\ >L Q�LL a i ��= w W p as sE 7 R�5! ia`i4Pz - w � d G z 5 W o ATTACHMENT #8 rr rt rr r" IIIIII IIII II -- 59a e5 Ei —I u: dd U: c F vrt. 4 I+MY p rt {31� [S] 0 x a x 0 u 506 R � � u U w e G �a m y a .c � iA 507 \ � � \) � zu ]I 3§ � ]£ � SOS j-4 \ 5O} ■ ;1 Ny C60 N 5?9 CM mo — m Yt Fi 2n Yi Yo I Un a K w• O O — a g 0 U u] U 9 c v, �V ° 0 ct G.,L( �i 511 512 513 ATTACHMENT #10 CAW Gn 0P a" 514 Z { \ � • - - § ) � -- } | § � [« UUm� � \ 0 515 \ 0 515 / �( ! 2 % \� � ; U� | MINIM -- \) UUm T § ! § \ 0 516 ATTACHMENT 11 o a o < s u c O zo, �toj..w O�e ^�J jOue Zj Out ZOun jOum jOUPG jOu.� � < U <tYJry <'.ZJ^ <FZ.a^ fZJry FF,ZJO wOrvi < - _w00 O¢w00 r°�OOm �^w00 Oww00 0`�w00 R Cy p,AGES) 51i — — — — — — — — — — — — — — — — — — — — - - - - - Y€= a n u° w^ b Z F ..1 A i•� ', m 4 <� J _ a < Ll oh OW U J m ZJ U� A A T R 4 O < V O a a 3 0 H 511 a m m rn m m m m m m m m m m m m m m m m m m m m m m m m m m m■ 8 f d F` `i ♦t 2' S � y I vy_• '-tU' �G i��r 11 •�t��' Will llj a . { 6` tk( a of 0 x 1 5J 1 r w— r r m. r m mIIIIIII m m m m w s m m m Im i 0 0■ =_t; 520 -------------------------- - - ---- ATTACHMENT 12 (.5-PAG&5) 5241 ��•�IIIIIiIIIIIII��IUI r a 0 'F iG 4�waG t jXET CIP Nit,1\� 1fit I N`f lip , I I II•�l�l� Ir ilulnmuml ^OAlilllllll f j■ it — $n4j�.-IWIJNW!Ilft �. yp e'ac ipX IIIIII®IINW1Nil r3 �� O r x� it€-iIIl011NPo0WIIIPoII I� '� I �� I':u�19�dIIII11iIM ��ill+�l�•ii � �iIsIWN01�Ji NII�IY I '� IiINIIIIIIIIII ' V IjIIANiINM' ` I 522 a I I I I cap w; I� I I � A G11 � 8 V ---------------- Q ' W 523 - - - - - - - - - - - - - 0 - - - - - - - - - - - - - - - - — - O G! y c L y C. CC w y G O C " aaV d MT Ei a! SA E 525 'l ATTACHMENT #13 M t€ (SPA&6:3 ? yE s+ u: W� Fa I. O: <i ¢u tl• J+ tlY S14 � r + 113]3 S�E w U „ A w cm" zd y aA Wrl 52G | � ; \§ \ i � ]2 � 527 ev a wa. h ` Q` 523 ATTACHMENT #14 ATTACHMENT 14: RESPONSES RECEIVED TO NOP (BY DATE RECEIVED) 529 ZIA * G STATE OF CALIFORNIA 5 � GOVERNOR'S OFFICE of PLANNING AND RESEARCH "•�� r STATE CLEARINGHOUSE AND PLANNING UNIT ��CA ARNOLD SCHwARZENEGGER C:rxDIRECTOR DIRECrOA HIABRYANT GOVERNOR Notice of Preparation I .Tune 13, 2007 IH JUN 19 2007 To: Reviewing Agencies Re: Eden Rock at PGA West SCH# 2007061056 Attached for your review and comment is the Notice of Preparation (NOP) for the Eden Rock at PGA West draft Environmental Impact Report (EIR)- Responsible agencies must transmit their comments on the scope and content of the NOP, focusing on specific information related to their own statutory responsibility, within 30 days of receipt of the NOP from the Lead Agency. This is a courtesy notice provided by the State Clearinghouse with a reminder for you to comment in a finely manner. We encourage other agencies to also respond to this notice and express their concerns early in the environmental review process. Please direct your comments to: Wallace H. Nesbit City of La Quinta Planning Department P.O. Box 1504 La Quinta, CA 92253 with a copy to the State Clearinghouse in the Office of Planning and Research. Please refer to the SCH number noted above in all correspondence concerning this project. If you have any questions about the environmental document review process, please call the State Clearinghouse at (916)445-0613. Sincerely, Scott organ Przj&t Analyst, State Clearinghouse Attachments cc: Lead Agency 140010th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov 530 Document Details Report State Clearinghouse Data Base SCH# 2007061056 Project Title Eden Rock at PGA West Lead Agency La Quinta, Cityof Type NOP Notice of Preparation Description The proposed Eden Rock at PGA West project would include the construction of a clubhousetrecreation center in the center of the project site, as well as 81 manor homes, 83 courtyard homes, and 128 village condominium homes for a total of 292 residential units. Construction of the project, if approved, would begin in the last quarter of 2008, with full build -out anticipated to be complete by the last quarter of 2011. Lead Agency Contact Name Wallace H. Nesbit Agency City, of La Quinta Phone (760) 777-1233 Fax email Address Planning Department P.O. Box 1504 City La Quinta State CA Zip 92253 Project Location County Riverside City La Quinta Region Cross Streets Northwest comer of PGA Boulevard and Spanish Bay Parcel No. 775-220-021 Township Range Section Base Proximity to: Highways Airports Railways Waterways Schools Land Use Undeveloped and vacant, partially graded. Project Issues Aesthetic/Visual; Air Quality; Public Services; Recreation/Parks; Landuse; Water Quality; Noise; Archaeologic -Historic; Traffic/Circulation; Cumulative Effects Reviewing Resources Agency; Regional Water Quality Control Board, Region 7; Department of Parks and Agencies Recreation; Native American Heritage Commission; Office of Historic Preservation; Department of Fish and Game, Region 6; Department of Water Resources; Colorado River Board; California Highway Patrol; Caltrans, District 8 Date Received 06/13/2007 Start of Review 06113/2007 End of Review 07/12/2007 531 Note: Blanks in data fields result from insufficient information provided by lead agency. o C c N n m c ME MO c� w *...� E 0 c 0 Ix 0 LL' c 0 o c m m r C! 00° p m m rn 0' LLTC KmN c >�m m 0 0 m w 0 N m� N d m O m p� 'p� ym oa L° cQ m 0CC = m>m m>o d mmm 0 0 m N U o q c m m a 0 m U m 0 U-m C a, U Z K K o A m�9 mEac mU mww m> Ocm 3mm in 3m6 mo m� mM a us U2VLL U Umm U rcULL LL'UK UC w 5; UL° 00 5.2 .. « cy r OLr O3 o`c O Om� U Ut 30 36.W 3m 'c n 3m0 3com 3m 3m0 3m❑ ❑ 3m❑ O'O-a I KUZ LL'WUfA OCU R'f-J KU WJ C'U w Km O 7 0m ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ Ci C m 0 s �j OOl m m c c c 3 m mu m Ca m U U O m m m m` U u m m L '� N aml m 0 L m m V o a E�, m.o = O W u rn w n m_ U K m u n u o u a 2 -- 0 m° E c a° v= `m °m U a w N v m w a o Tmi m r E m A «0 IL m Cm' a c K E j m Ir w d o 0 �0 00 0, D= m of mw m~ mmm +d R- .cm. co— %m3 F°. a m an aio u� ai@ um $ n c3 0_m Em m o m 0 mX: _ co c� c CO cm ` E L°m a.5 EmJ me �c 3 c 0E- E �Y mm m0 .m.o @-0i ° oS HKwm0 m9 o, m?alcB mmF •¢ m ma mm mo am mo d 0 mmm '^00'2 9o?m� :°m3 mw m UO UU` UF- Umo Um w 0 a ❑ ❑ unw v1 m¢0 mmmUO muoo 00 0 7 C J 0 _ N O G N m E m 0 c o a m o p 0 o c o T E a = Cm c 0 a E > m N Nm a N (O r 10 a2i c "3 r o— u u a o m 0Cm U oar C mmm m3 = m Uc O me m0 Nm a mT n� a3 w =m 03 cc m�0 93m a� amvni �Eoa -� o oc9 00 Sm o� oa oa rc>� cm2 Ey0 cmnorn cm c= 7 « me «c oc h 2a EO' .°_mm amZm ~ 2, �� :a' Nm .m.a @m O a c c m d m c " E —=° ,> m= " x " 3 " m m 0 q T= m m m m m m a E E ° m m 0 m m m m m 0 N E 'm m m m m L CY mc7 N-v F-Q0 UQm OF Um0 =0:72 UfY v2 Ucl -i OF U0 U� UU ❑ ❑ ❑ ❑ =0 ❑ ® ❑ a ❑ ❑ ❑ ❑ ❑ ❑ ❑ ° m 0 a 0 u m rn m m m 0 0 0 m m Z c m mrn E e U U m E « N N V N 0 G U 0I m n oc 0 0 0 0 0 0 0 c°i m ¢ N H m Z c v ° `Ta 0 m i Ol 01 0� 01 = 01 '- 01 m (� N f a i C N 0 N d R' m O: m K m m it Z 0—m LL' m Z m_— 02 m n e6 C � C m 0 m C U m 0 N C T O c O W O L� O �[. L m m 0 m E m Y E 0 E 0 U m E 'S 0 m E m S m m O Elm C E u m 0 (� O `rn C a C m m m d o. m m T E O L m p m m r d m c N0 m c m W LLm� 0 O QtLL `oU 0 m UyE =�2 c m o « oa m 10 t 'o m`0 QE F- C70 f7c (7 [W(q0 000 C2 omom aam0 r� 0C2 o-0c0 aw aW. mm EqU MU .� Lc ob 'c m cQ a0> t? adLm U-• tcn adcm t« Lnn o0 'cam c tnoo n`ot m vm.: m_ 0 N «a me m mEm mm mo m- m 0m !a mm 0 2 m m m O °omm m� mom mmm E mm as 0 mom am Ewo LL-� 4.02 LLU'2 liG �a 0U' m LLma OR OKw 0 > 0 mE 00 00 C�Wf4 ZU0 ❑❑❑ ❑ ❑ o❑ ❑❑ ❑ �00❑❑❑ ■ a m C o n m m 3 m 0 u o E 0 ° o >. c i0 m 0 a aG d v m w L7 0 C O1 « L � L O Kl to 0 m O: C °0 � m 0 07 N 6 0 c °o� o c ir'_ i E 0= 0 o woa+ ° a "' m a'c- m 0 c E m rn 0 mQ0 m w m 'a m m Q o mo Uo KE 03 r s� 0C 0E-a u c Eu Em N �m O mWt ON att U= m�L LL Oa E-0 0=0 =wO G E o0 m-' TO� '� m m 0 EO m Z m C7 O=_ E C7Y Cl m 2 'om �o E—m �� oc c c dmc oQ0 Em maw mp m.sm om c mLLo wlv !palm cmi 0a c3 4, —E0 3'� JQ oExx .0� nm =E� com ��°-`m mc0 m0 LLm,>m, mom 0 c0 v m0>c m0 m'm O m KZ 0 m 00 so UUW 0 0 00 m L m O m 0_ 0co UUa ion 0- 0a3 0w14 ac0 mOm 0KZ 10 m 00w xC) rL ■❑❑ ®❑a 13 ® ■ ❑❑ ® ❑ L _❑ ❑❑ 532 Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta, California 92253 • (760) 777-4200 June 14, 2007 Wallace H. Nesbit, Principal Planner City of La Quinta Planning Department P.O. Box 1504 La Quinta, CA 92247 Request for Comments: Eden Rock at PGA West project - east of Jefferson St, south of Avenue 54 Dear Mr. Nesbit, This is in response to your request for input on the above referenced projects and its effect on public schools. The Desert Sands Unified School District boundaries do not include property located south of Avenue 48 and east of Jefferson in La Quinta. Therefore, we are unable to comment as these locations are outside of our boundaries and within the Coachella Valley Unified School District boundaries. If you have any questions with regards to our boundaries, you may access our boundary maps at www.dsusd.kl2.ca.us. Please feel free to call me at (760) 771-8516, if you have further questions. Thank you_ Facilities Services sun 1 533 NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL, ROOM 364 SACRAMENTO, CA 95814 (916) 653-4082 (916) 657-5390 - Fax June18,2007 Wallace H. Nesbit City of La Quirda Planning Department P.O. Box 1504 La Quints, CA 92253 RE: SCH# 2007061056, Eden Rock at PGA West; Riverside County. Dear Mr. Nesbit: The Native American Heritage Commission (NAHC) has reviewed the Notice of Preparation (NOP) referenced above. The California Environmental Quality Act (CEQA) stales that any project that causes a substantial adverse change in the significance of an historical resource, which includes archeological resources, is a significant effect requiring the preparation of an EIR (CEQA Guidelines 15064(b)). To comply with this provision the lead agency is required to assess whether the project wrll have an adverse impact on historical resources within the area of project effect (APE), and if so to mitigate that effect. To adequately assess and mitigate project -related impacts to archaeological resources, the NAHC recommends the following actions: Ve FA Contact the appropriate regional archaeological Information Center for a record search. The record search will determine: • if a part or all of the area of project effect (APE) has been previously surveyed for cultural resources. • If any known cultural resources have already been recorded on or adjacent to the APE. • if the probability is low, moderate, or high that cultural resources are located in the APE. • If a survey is required to determine whether previously unrecorded cultural resources are present. If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. • The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure. • The final written report should be submitted within 3 months after work has been completed to the appropriate regional archaeological Information Center. Contact the Native American Heritage Commission for. • A Sacred Lands File Check. USGS 7 5-minute quadrangle name township, range and section required • A fist of appropriate Native American contacts for consultation concerning the project site and to assist in the mitigation measures. Native American Contacts List attached. Lack.of surface evidence of archeological resources does not preclude their subsurface existence. • Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources, per California Environmental Quality Act (CEQA) §15064.5(f). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all groutididisturbing activities. • Lead agencies should include in their mitigation plan provisions for the disposition of recovered artifacts, in consultation with culturally affiliated Native Americans. • Lead agencies should include provisions for discovery of Native American human remains in their mitigation plan. Heats and Safety Code §7050.5, CEQA §15064.5(e), and Public Resources Code §5097.98 mandates the process to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. i Sin)Derely, r L' Dave Singleton Program Analys. CC: State Clearinghouse n531 Native American Contacts Riverside County June 18, 2007 Torres -Martinez Desert Cahuilla Indians Anthony J. Andreas, Jr. William J. Contreras, Cultural Resources Coordinator 3022 W. Nicolet Street Cahuilla P.O. Box 1160 Cahuilla Banning , CA 92220 Thermal . CA 92274 (951)849-3844 760)397-0300 (760) 275-2686-CELL (760)397-8146 Fax Santa Rosa Band of Mission Indians John Marcus, Chairman P.O. Box 609 Cahuilla Hemet , CA 92546 srtribaloffice @ ao I. com (951)658-5311 (951)658-6733 Fax Augustine Band of Cahuilla Mission Indians .Mary Ann Green, Chairperson P.O. Box 846 Cahuilla Coachella CA 92236 (760)369-7171 760-369-7161 Torres -Martinez Desert Cahuilla Indians Alberto Ramierz, Environmental Coordinator P.O. Box 1160 Cahuilla Thermal , CA 92274 albertor@torresmartinez.org 760) 397-0300 (760)397-8146 Fax Cabazon Band of Mission Indians Judy Stapp, Director of Cultural Affairs 84-245 Indio Springs Parkway Cahuilla Indio , CA 92203-3499 (weaver@cabazonindians.org (760)342-2593 (760)347-7880 Fax Morongo Band of Mission Indians Los Coyotes Band of Mission Indians Britt W. Wilson, Cultural Resources -Project Manager Evelyn Duro, Tribal Administrator 49750 Seminole Drive Cahuilla P.O. Box 189 Cahuilla Cabazon , CA 92230 Serrano Warner . CA 92086 briu_wilsonQmorongo.org (760) 782-0711 (951) 755-5206 (760) 782-2701 - FAX (951) 755-5200/323-0822-cell (951)922-8146 Fax This list Is current only as of the date of this document. Distribution of this list does not relleve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list Is only applicable for contacting local Native Americans with regard to cultural resources for the Proposed SCH02007061056, Eden Rock at PGA West; Riverside County. 535 Native American Contacts Riverside County June 18, 2007 -os Coyotes Band of Mission Indians U4elody Sees, Environmental Director 3.0. Box 189 Cahuilla Namer , CA 92086 760) 782-0712 :760) 782-2730 - FAX 3amona Band of Cahuilla Indians Ulanuel Hamilton, Chairperson '.O. Box 391670 Cahuilla 4nza , CA 92539 admin@ramonatribe.com '951) 763-4105 951) 763-4325 Fax 3amona Band of Mission Indians John Gomez, Environmental Coordinator 31.0. Box 391670 Cahuilla 4nza , CA 92539 '951) 763-4105 '951)763-4325 Fax Santa Rosa Band of Mission Indians ferry Hughes, Tribal Administrator '.O. Box 609 Cahuilla iemet . CA 92546 .951) 658-5311 .951) 658-6733 Fax Agua Caliente Band of Cahuilla Indians Richard Milanovich, Chairperson 650 Tahquitz Canyon Way Cahuilla Palm Springs . CA 92262 Ifreogoz@aguacaliente.net (760)325-3400 (760)325-0593 Fax Morongo Band of Mission Indians Robert Martin, Chairperson 11581 Potrero Road Cahuilla Banning . CA 92220 Serrano britt_wilson @ morongo.org (951)849-8807 (951)755-5200 (951)922-8146 Fax Agua Caliente Band of Cahuilla Indians THPO Richard Begay, Tribal Historic Perservation Officer 650 Tahquitz Canyon Way Cahuilla Palm Springs , CA 92262 rbegay@aguacaliente.net (760)883-1368 (760) 883-1940- Fax Cahuilla Band of Indians Maurice Chacon, Cultural Resources P.O. Box 391760 Cahuilla Anza . CA 92539 cbandodian@aol.com (951)763-2631 (951) 763-2632 Fax This list Is current only as of the date of this document Distribution of this list does not relieve any person of statutory responsibility as defined In Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This Itst is only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH#2007051055, Eden Rock at PGA west, Riverside County. 536 Native American Contacts Riverside County June 18, 2007 :,abazon Band of Mission Indians John A. James, Chairperson 34-245 Indio Springs Parkway Cahuilla Indio , CA 922o3-3499 :760) 342-2593 :760) 347-7880 Fax :,ahuilla Band of Indians 4nthony Madrigal, Jr., Interim -Chairperson 3.0. Box 391760 Cahuilla 4nza , CA 92539 Tibalcouncil@cahuilla.net :951) 763-2631 ;95TY 263-2-Tax - - - -os Coyotes Band of Mission Indians <atherine Saubel, Spokesperson '.O. Box 189 Cahuilla Namer CA 92086 oscoyotes@earthlink.net 760) 782-0711 760) 782-2701 - FAX 3amona Band of Mission Indians Joseph Hamilton, vice chairman 3.0. Box 391670 Cahuilla knza , CA 92539 idmin@ramonatribe.com 951) 763-4105 951) 763-4325 Fax Ttds list is current only as of the date of this document. Torres -Martinez Desert Cahuilla Indians Raymond Torres, Chairperson PO Box 1160 Cahuilla Thermal CA 92274 rtorress@torresmartinez.com (760) 397-0300 (760) 397-8146 Fax Samuel H. Dunlap P.O. Box 1391 Gabrielino Temecula CA 92593 Cahuilla (909) 262-9351 (Cell) Luiseno samdunfap@earthlink.net Alvin Siva 2034 W. Westward Cahuifla Banning , CA 92220 (951) 849-3450 Torres -Martinez Desert Cahuilla Indians Ernest Morreo PO Box 1160 Cahuilla Thermal CA 92274 maxtm@aol.com (760) 397-0300 (760) 397-8146 Fax Distribution of this Iht does not relieve arty person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. Me RM Is only applicable for contacting local Native Americans with regard to cultural resources for the Proposed SCH920070610% Eden Rock at PGA West; Riverside Comfy. 537 Native American Contacts Riverside County June 18, 2007 Augustine Band of Cahuilla Mission Indians Karen Kupcha, Tribal Administrator P.O. Box 846 Cahuilla Coachella CA 92236 (760)369-7171 916-369-7161 This list Is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined In Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list Is only applicable for contacting local Native Americans With regard to cultural resources for the proposed SCHt2007061056, Eden Rock at PGA West; Riverside County. 5333 W,- South Coast Air Quality Management District 21965 Copley Drive, Diamond Bar, CA 917654192 (909) 396-2000 • www.agmd.gov June 19, 2007 Mr. Wallace H. Nesbit Principal Planner City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Dear Mr. Nesbit: JUN 2 6 2007 Notice of Preparation of a Draft Environmental Impact Report (Draft EIR) for the Eden Rock at PGA West The South Coast Air Quality Management District (SCAQMD) appreciates the opportunity to comment on the above - mentioned document. The SCAQMD's comments are recommendations regarding the analysis of potential air quality impacts from the proposed project that should be included in the draft environmental impact report (EIR). Please send the SCAQMD a copy of the Draft EIR upon its completion. In addition, please send with the draft EIR all appendices or technical documents related to the air quality analysis and electronic versions of all air quality modeling and health risk assessment files. Without all files and supporting air quafity documentation, the SCAQMD will be unable to complete its review of the air quality analysis in a timely manner. Any delays in providing all supporting air quality documentation will require additional time for review beyond the end of the comment period. Air Ouafity Analysis The SCAQMD adopted its California Environmental Quality Act (CEQA) Air Quality Handbook in 1993 to assist other public agencies with the preparation of air quality analyses. The SCAQMD recommends that the Lead Agency use this Handbook as guidance when preparing its air.quality analysis. Copies of the Handbook are available from the SCAQMD's Subscription Services Department by calling (909) 396-3720. Alternatively, the lead agency may wish to consider using the California Air Resources Board (CARS) approved URBEMIS 2002 Model. This model is available on the SCAQMD Website at: www.Mmd. og y/cega/models.htmi. The Lead Agency should identify any potential adverse air quality impacts that could occur from all phases of the project and all air pollutant sources related to the project. Air quality impacts from both construction (including demolition, if any) and operations should be calculated. Construction -related air quality impacts typically include, but are not limited to, emissions from the use of heavy-duty equipment from grading, earth-loading/unloading, paving, architectural coatings, off -road mobile sources (e.g., heavy-duty construction equipment) and on -road mobile sources (e.g., construction worker vehicle trips, material transport trips). Operation -related air quality impacts may include, but are not limited to, emissions from stationary sources (e.g., boilers), area sources (e.g., solvents and coatings), and vehicular trips (e.g., on- and off -road tailpipe emissions and entrained dust). Air quality impacts from indirect sources, that is, sources that generate or attract vehicular trips should be included in the analysis. The SCAQMD has developed a methodology for calculating PM2.5 emissions from construction and operational activities and processes. In connection with developing PM2.5 calculation methodologies, the SCAQMD has also developed both regional and localized significance thresholds. The SCAQMD requests that the lead agency quantify PM2.5 emissions and compare the results to the recommended PM2.5 significance thresholds. Guidance for calculating PM2.5 emissions and PM2.5 significance thresholds can be found at the following internet address: htto://www.aamd.eov/ceaa/handbook/PM2 5/PM2 5.html. 11 539 Mr. Wallace H. Nesbit -2- June 19, 2007 in addition to analyzing regional air quality impacts the SCAQMD recommends calculating localized air quality impacts and comparing the results to localized significance thresholds (LSTs). LST's can be used in addition to the recommended regional significance thresholds as a second indication of air quality impacts when preparing a CEQA document. Therefore, when preparing the air quality analysis for the proposed project, it is recommended that the lead agency perform a localized significance analysis by either using the LSTs developed by the SCAQMD or perforating dispersion modeling as necessary. Guidance for performing a localized air quality analysis can be found at W://www.nmd.gQy/Ma/handbookILST/LST.htmi. It is recommended that lead agencies for projects generating or attracting vehicular trips, especially heavy-duty diesel - fueled vehicles, perform a mobile source health risk assessment. Guidance for perforating a mobile source health risk assessment ("Health Risk Assessment Guidance for Analyzing Cancer Risk from Mobile Source Diesel Idling Emissions for CEQA Air Quality Analysis") can be found on the SCAQMD's CEQA webpages at the following internee address: ho://www.Agmd-zov/ce(ia/handbook/mobile toxic/mobile toxic.html. An analysis of all toxic air contaminant impacts due to the decommissioning or use of equipment potentially generating such air pollutants should also be included. Mitigation Measures in the event that the project generates significant adverse air quality impacts, CEQA requires that all feasible mitigation measures that go beyond what is required by law be utilized during project construction and operation to minimize or eliminate significant adverse air quality impacts. To assist the Lead Agency with identifying possible mitigation measures for the project, please refer to Chapter l 1 of the SCAQMD CEQA Air Quality Handbook for sample air quality mitigation measures. Additional mitigation measures can be found on the SCAQMD's CEQA webpages at the following internet address: www.ggmd.poy/qgga/handbook/mitigation/MM intro.html Additionally, SCAQMD's Rule 403 — Fugitive Dust, and the Implementation Handbook contain numerous measures for controlling construction -related emissions that should be considered for use as CEQA mitigation if not otherwise required Other measures to reduce air quality impacts from land use projects can be found in the SCAQMD's Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning. This document can be found at the following interact address: hW://www.Mmd.gov/prdas/MmIWMguide.htud. in addition, guidance on siting incompatible land uses can be found in the California Air Resources Board's Air Quality and Land Use Handbook: A Community Perspective, which can be found at the following internet address: hM://www.arb.c&vov/ch/handbook. Pursuant to state CEQA Guidelines § 15126.4 (a)(i)(D), any impacts resulting from mitigation measures must also be discussed. Data Sources SCAQMD rules and relevant air quality reports and data are available by calling the SCAQMD's Public Information Center at (909) 396-2039. Much of the information available through the Public Information Center is also available via the SCAQMD's World Wide Web Homepage (httu://www.a(imd.eov). The SCAQMD is willing to work with the Lead Agency to ensure that project -related emissions are accurately identified, categorized, and evaluated. Please call Charles Blankson, Ph.D., Air Quality Specialist, CEQA Section, at (909) 396-3304 if you have any questions regarding this letter. Sincerely, Steve Smith, Ph.D. Program Supervisor, CEQA Section Planning, Rule Development and Area Sources SS:CB:LI RVC070614-03AK Control Number 5/19 { MEMBERS. Oesea Hot Springs Palm Springs Cathedral City Rancho Mirage Palm Desert Indian Wells La Quint. Lndio Coachella Riverside County A Public Agency June 26, 2007 JUN 2 6 2007 Mr. Wallace H. Nesbit, Principal Planner Department of Planning City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Re: Eden Rock at PGA West Dear Mr. Nesbit: This letter responds to your request for comments regarding the proposed development located at the northwest corner of PGA Boulevard and Spanish Bay within the existing PGA West golf course and residential community in the city of La Quinta. SunLine Transit Agency (SunLine) staff has reviewed the project and offers the following comments. 1. Ensure that sidewalks are provided and incorporated throughout the project area to assure that pedestrians and future residents of the proposed development can easily access services provided within . the project site. The sidewalks should be provided in areas fronting the project area, if there are no sidewalks currently in place. 2. Include pedestrian circulations that provide connectivity to the street network to ensure that future residents can easily access services offered in the neighborhood. Based on further review, SunLine is not requesting inclusion of transit amenities, i.e., bus turnout and bus shelter as part of the proposed development_ Currently, Sunline does not offer transit service to the proposed project site; however, the nearest service route is located east of the project, along Harrison Boulevard and Avenue 54; Line 91 (Indio/CoachellalThermaVMecca/Oasis). Additionally, we offer Americans with Disabilities Act (ADA) Complimentary Dial -A -Ride service in the Coachella Valley, which may be utilized by residents for medical appointments and other activities. These suggestions are offered for consideration to help encourage potential future residents of the proposed development use transit services provided in the community. 541 32-505 Harry Oliver Trail, Thousand Palms, California 92276 Phone 760-343-3456 Fax 760-343-384S W vsunline.org Mr. Wallace H. Nesbit, Principal Planner Page Two Should you have questions or concerns regarding this letter, please contact me at 760-343-3456, ext. 162. cc: C. Mikel Oglesby, General Manager Eunice Lovi, Director of Planning Doug Evans, Community Development City of La Quinta 5112 FYUNWI IM ofra;slr.M01W1uMft,7:T.49:.iiL 09114b il MURN a . t y.�.7.r�iau3.'.TifFrmts'�a DEPARTMENT OF TRANSPORTATION DISTRICT 8 PLANNING AND LOCAL ASSISTANCE (MS 722) 464 WEST 0 STREET, & FLOOR SAN BERNARDINO, CA 92401-1400 PHONE (909.)383-6040' FAX (909) 383-6890 TTY (909j 383-6300 June 25, 2007 Mr. Wallace H. Nesbit City of La Quinta Planning Department P. O. Box 1504 La Quinta, CA 92253 Dear W. Nesbit: ®ECEO V E� If In@1 JUN 2 8 2007 Cu rvrwWWlq COMMUNA DEVELOPMENT DEPARTMENT Notice of Preparation - Eden Rock at PGA West, Assessor Parcel Number 775-220-021 State Clearinghouse #2007061056 08-RIV 111, PM 32.313 ITj Flex your power! Be energy efficient! We have received the Notice of Preparation for a Draft Environmental Impact Report for the above referenced project, located east of the relinquished portion of Route 86 and south of State Route I I I (SR 111) within the PGA West Specific Plan. The proposed Eden Rock at PGA West will include multi -family residential units and a clubhouse. Due to project distance from SR 111, we do not expect that project approval and ultimate construction will result in a substantial direct impact to the State transportation facilities. However, the California Department of Transportation (Department) reserves the right to comment on any future revisions to this project. Should indirect cumulative impacts reach a level of significance, the Department would require the City and developers to assist in mitigating these impacts. Should this proposal be later modified please forward copies of revised plans, so that we may reevaluate all proposed changes for potential impact to SR 111. If you have any questions concerning this letter, please contact Rebecca Forbes at (909) 383-5929 or me, at (909) 383-6040 for assistance. Sincerely, s' NATHANIEL H. PICKETT Office Chief Regional Planning, Riverside IGR/CEQA Review c: State Clearinghouse "Caltrans improves mobility across California" 50 COUNTY OF RIVERSIDE O JCS OFWVF� TRANSPORTATION AND " LAND MANAGEMENT AGENCY j p" �nno�+o�ji TYans ortation Department George A. Johnson, P.E. P P Director of Transportation JUL 0 2 2007 June 21, 2007 Mr. Wallace Nesbit, Principal Planner City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Subject: Notice of Preparation of Draft Subsequent Environmental Impact Report for the Eden Rock at PGA West Residential Development Dear Mr. Nesbit: Thank you for sending the Riverside County Transportation Department the Notice of Preparation (NOP) of a Draft Environmental Impact Report (DEIR) for the Eden Rock at PGA West Residential Development in the City of La Quinta. We look forward to receiving the Draft EIR and the traffic analysis for the development. Please contact Ms. Farah Khorashadi with any comments or questions about this NOP. S/iinnceerr�elly, Farah Khoarashha'dl, P.E. V Engineering Division Manager 544 4080 Lemon Street, 8th Floor • Riverside, California 92501 • (951) 955-6740 PO. Box 1090 • Riverside, California 92502-1090 • FAX (951) 955-3198 . _ .ou - ...c wcwu. a.o r�ucnCv AKN(N.0 1CFIWARZENEGCFR GOyeTOr DEPARTMENT OF FISH AND GAME Inland Deserts Region 78078 Country Club Dr., Ste. 109 Bermuda Dunes, CA 92201 (760) 200-9419 June 26, 2007 Wallace H_ Nesbit City of La Quinta Planning Department P.O. Box 1404 La Quinta, CA 92247 Dear Mr. Nesbit: The Department of Fish and Game (Department) appreciates this opportunity to comment on the Notice of Preparation (NOP) for the Eden Rock at PGA West Project (SCH# 2007061056). The proposed project would include the construction of a clubhouse/recreation center in the center of the project site, as well as 81 manor homes, 83 courtyard homes, and 128 village condominium homes for a total of 292 residential units. Construction of the project, if approved, would begin in the last quarter of 2008, with full build -out anticipated to be complete by the last quarter of 2011. To enable Department staff to adequately review and comment on the proposed project, we recommend the following information be included in any environmental document prepared for the proposed project: A complete assessment of the flora and fauna within and adjacent to the project area, with particular emphasis upon identifying endangered, threatened, and locally unique species and sensitive habitats. a. A thorough assessment of rare plants and rare natural communities, following the Department's May 1984 Guidelines for Assessing Impacts to Rare Plants and Rare Natural Communities. b. A complete assessment of sensitive fish, wildlife, reptile, and amphibian species. Seasonal variations in use of the project area should also be addressed. Focused species -specific surveys, conducted at the appropriate time of year and time of day when the sensitive species are active or otherwise identifiable, are required. Acceptable species -specific survey procedures should be developed in consultation with the Department and the U.S. Fish and Wildlife Service. C. Rare, threatened, and endangered species to be addressed should include all those which meet the California Environmental Quality Act (CEQA) definition (see CEQA Guidelines, § 15380). d. The Department's California Natural Diversity Data Base in 545 ConseMng Caikfomia s Wi&fCife Since 1870 Sacramento should be contacted to obtain current information on any previously reported sensitive species and habitats, including Significant Natural Areas identified under Chapter 12 of the Fish and Game Code. e. If the project has the potential to impact the western burrowing owl (Alhene cuniculafia), a California Species of Special Concern, the Department recommends that focused burrowing owl surveys be conducted on the project site to determine how many occupied owl burrows will be impacted. Any burrows that cannot be avoided should be mitigated at a 2:1 ratio with artificial burrows located in a protected area that provides a minimum 6.5 acres per pair or solitary owl. 2. A thorough discussion of direct, indirect, and cumulative impacts expected to adversely affect biological resources, with specific measures to offset such impacts. a_ CEQA Guidelines, § 15125(a), direct that knowledge of the regional setting is critical to an assessment of environmental impacts and that special emphasis should be placed on resources that are rare or unique to the region. b. Project impacts should be analyzed relative to their effects on off - site habitats. Specifically, this should include nearby public lands, open space, adjacent natural habitats, and riparian ecosystems_ Impacts to and maintenance of wildlife corridor/movement areas, including access to undisturbed habitat in adjacent areas,.should be fully evaluated and provided. C. The zoning of areas for development projects or other uses that are nearby or adjacent to natural areas may inadvertently contribute to wildlife -human interactions. A discussion of possible conflicts and mitigation measures to reduce theses conflicts should be included in the environmental document. d. A cumulative effects analysis should be developed as described under CEQA Guideline, § 15130. General and specific plans, as well as past, present, and anticipated future projects, should be analyzed relative to their impacts on similar plant communities and wildlife habitats. e. The document should include an analysis of the effect that the project may have on completion and implementation of regional and /or sub -regional conservation programs. Under § 2800-2840 of the Fish and Game Code, the Department, through the Natural 546 Communities Conservation Planning (NCCP) program, is coordinating with local jurisdictions, landowners and the Federal Government to preserve local and regional biological diversity. The Department recommends that the lead agency ensure that the development of this and other proposed projects do not preclude long-term conservation planning options and that projects conform With other requirements of the NCCP program. Jurisdictions participating in the NCCP should assess specific projects for consistency with the NCCP Conservation Guidelines. 3. A range of alternatives should be analyzed to ensure that alternatives to the proposed project are fully considered and evaluated. A range of alternatives which avoid or otherwise minimize impacts to sensitive biological resource should be included. Specific alternative locations should also be evaluated in areas with lower resource sensitivity where appropriate. a. Mitigation measures for project impacts to sensitive plants, animals, and habitats should emphasize evaluation and selection of aftematives which avoid or otherwise minimize project impacts. Off -site compensation for unavoidable impacts through acquisfion and protection of high -quality habitat elsewhere should be addressed. b. The Department considers Rare Natural Communities as threatened habitats having both regional and local significance. Thus, these communities should be fully avoided and otherwise protected from project -related impacts. C. The Department generally does not support the use of relocation, salvage, and /or transplantation as mitigation for impacts to rare, threatened, or endangered species. Department studies have shown that these efforts are experimental in nature and largely unsuccessful. 4. A California Endangered Species Act (CESA) Permit must be obtained, if the project has the potential to result in 'take" of species of plants or animals listed under CESA, either during construction or over the life of the project. CESA Permits are issued to conserve, protect, enhance, and restore State -listed threatened or endangered species and their habitats. Early consultation is encouraged, as significant modification to the proposed project and mitigation measures may be required in order to obtain a CESA Permit Revisions to the Fish and Game Code, effective January 1998, require that the Department issue a separate CEQA document for the issuance of a CESA permit unless the project CEQA document addresses all project impacts to listed species and specifies a 547 mitigation monitoring and reporting program that will meet the requirements of a CESA permit. For these reasons, the following information is requested: a. Biological mitigation monitoring and reporting proposals should be of sufficient detail and resolution to satisfy the requirement s for a CESA Permit. b. A Department -approved Mitigation Agreement and Mitigation Plan are required for plants listed as rare under the Native Plant Protection Act. 5. The Department opposes the elimination of watercourses and/or their channelization or conversion to subsurface drains. All wetlands and watercourses, whether intermittent or perennial, must be retained and provided with substantial setbacks which preserve the riparian and aquatic values and maintain their value to on -site and off -site wildlife populations. The Department has direct authority under Fish and Game code § 1600 et seq. In regard to any proposed activity which would divert, obstruct, or affect the natural flow or change the bed, channel, or bank of any river, stream, or lake_ A discussion of potential adverse impacts from any increased runoff, sedimentation, soil erosion, and/or pollutants on streams and watercourses on or near the project site, with mitigation measures proposed to alleviate such impacts must be included. The Department is in the process of complying with a writ of mandate issued by the Superior Court of California (Mendocino Environmental Center vs. California Department of Fish and Game, Respondents, Bruce Choder, River Rat Salvage, et_ al. Real Parties). The writ of mandate states: A writ of mandate shall issue ordering the California Department of Fish and Game on or before May 1, 1999, to prepare and implement a program or process that will incorporate a CEQA review into the Fish and Game Section 1603 process_ The writ of mandate shall further order the California Department of Fish and Game to cease and desist entering into Section 1603 agreements after May 1, 1999, unless such agreements have been subject to a CEQA review. The writ of mandate dearly spells out what the Department's responsibilities are under CEQA with respect to all SAA's. In this 543 regard, the Department is emphasizing in comment letters on Projects that impacts to lakes or streambeds, alternatives and mitigation measures must be addressed in CEQA-cedified documents prior to submittal of an application of a SAA. Any information which is supplied to the Department after the CEQA process is complete will not have been subject to the public review requirements of CEQA. In this instance, the Department has three choices:1) refuse to issue the SAA; 2) not file the Notification because CEQA has not been complied with and return the package to the lead agency for further CEQA action; or 3) become the lead agency. In order for the Department to process a SAA agreement, the CEQA-certified documents must include an analysis of the impacts of the proposed project on the lake or streambed, an analysis of the biological resources present on the site, copies of biological studies conducted on the site, biological survey methodology, and a discussion of any alternative measures, avoidance measures, mitigation measures which will reduce the impacts of the proposed development to a level of insignificance. The Department appreciates the opportunity to comment on this project. Questions regarding this letter should be directed to Mr. Jim Sheridan, Environmental Scientist, at the above phone number. Sincerely, Kimberly Nicol Senior Environmental Scientist Inland Deserts Region 50 July 12, 2007 Wallace Nesbit Principal Planner City of La Quinta Planning Department 78495 Calle Tampico La Quinta, CA 92253 Re: Notice of Preparation of a Draft FIR Eden Rock at PGA West Dear Mr. Nesbit: �ECEPYE� JUL 12 2007 COMIMIMTYOOEEVV��LOPMENT OEPANTMENi I am a homeowner at 55-914 Brae Burn, La Quinta, CA 92253, which is located within PGA West. I am submitting this letter on behalf of myself and hundreds of other residents at PGA West who have concerns about the density of the Eden Rock project, the elevation of the project, and the foreseeable security issues flowing directly from the lack of a 30-day minimum rental period. We applaud the decision of the City to require the developer of the project to prepare a Supplemental Environmental Impact Report C'SEIR") to analyze the issues contained in the Notice of Preparation. In addition to the general issues cited in the NOP, the residents of PGA West request that the scope of the SEIR include a thorough analysis of the land use compatibility issues created by permitting a 292-residential unit development over 42 acres in the middle of a 940-acre low density development consisting mostly of expensive, single-family detached homes. In particular, the SEIR should study the noise and security impacts flowing from the density of the proposed project, such as the additional noise that will be generated from the cars that will be driven to, through and from Eden Rock by owners, guests and renters; the noise of short-term renters who have less incentive to respect the tranquility of the PGA West community; and the security concerns created by the foreseeable temptation of short-term renters to roam outside of the project and onto the property of neighboring homeowners and associations to sightsee and use the common area facilities of those associations, including their swimming pools. The lack of a minimum rental period of 30 days or more only exacerbates the security and noise concerns resulting from this project. Moreover, the residents of PGA West are concerned about having to view the clock tower in the middle of the village center of the Eden Rock project, as well as having their views obstructed by having two- and three-story structures built in the heart of PGA West. Also of concern are the three story Village structures in the center of the project that are made up of 128 units. They consist of 16 units in 8 buildings, each building is on one acre, and, therefore, there are 16 units per acre. This is four times the density called for in the 4�. 559 code for the 940 acres surrounding the Eden Rock project. We have suggested to the developer that they substitute these units with their Courtyard units that have density of 7.5 per acre. At the conclusion of this supplemental CEQA review, it is our genuine hope that the project will be modified to address our concerns. We look forward to continue working with the developer and the City in the coming months to make this project one that we can all is proud of. Thank you for your consideration of these comments. Sincerely, James W. Cox 551 RAMONA BAND OF CAMILLA 563t0 Highway 371, Suite B Post Office Box 391670 Anza, California 92539 July 18, 2007 Tel: (951) 763-4105 Fax: (951) 763-4325 E—mail: admin@ramonatribe.com Cityof La A SOVEREIGN PIATIONff �� M 15 u u U. Quinta Wallace Nesbit, Principal Planner JUL 2 4 2007 P.O. Box 1504 La Quinta, CA 92247 �a y..0'n0 VEioaamENr DEPARTMt IT Re: Notice of Preparation of a Draft Environmental Impact Report 1 1984 PGA West Specific Plan EIR (SCH 483062922) j Dear Mr. Nesbit: / The Ramona Band of Cahuilla Indians is in receipt of a notice regarding the above proposed project. The Ramona Band of Cahuilla Indians is concerned about the protection of unique and irreplaceable cultural resources, such as Cahuilla village and burial sites and archaeological items that may be displaced by ground -disturbing work associated with any project within the aboriginal homelands of the Cahuilla people. The Ramona Band of Cahuilla Indians is also concerned about the proper and lawful treatment of any cultural or ceremonial items, Native American human remains, or sacred items discovered during planning and/or construction of the project. The Ramona Band of Cahuilla Indians reserves the right to provide information until such time as it has had an opportunity to review the cultural resource report for the proposed project Please forward a copy of the cultural resources report to the address listed above. The Ramona Band of Cahuilla Indians appreciates the opportunity to consult regarding the proposed project and looks forward to working with you to protect and preserve the invaluable resources of the Cahuilla people. You may contact me at (95 l )94l -4943 or (951)7634 105 if you have any questions or wish to discuss this matter. Sincerely, John A. ez, Jr. Cultural Resources Coordinator Ramona Band of Cahuilla Indians 552 ESTABLISHED IN 1918 AS A PUBLIC AGENCY �/STRICZ COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNI -2651 • FAX (760) 398-3711 DIRECTORS: ICERS- PETER NELSON, PRESIDENT JUL 2 6 2007 EVEN B ROBBINS, PATRICIA A. LARSON. VICE PRESIDENT GENERAL MANAGER -CHIEF ENGINEER TELLIS CODEKAS CITY OF LA UUINTA M kRK BEUHLER, JOHN W. McFADDEN COMMUNITY DEVELOPMENT ASST GENERAL MANAGER RUSSELL KITAHARA DEPARTMENT LIA FERNANDEZ, SECRETARY July 23.2 DAN PARKS, ASST TO GENERAL MANAGER REDWINE AND SHERRILL, ATTORNEYS File: 0163.1 Wallace Nesbit , City of La Quinta A Post Office Box 1504 La Quinta, CA 92247 Dear Mr. Nesbit - Thank you for affording the Coachella Valley Water District (CV WD) the opportunity to review the Notice of Preparation of a Draft Environmental Impact Report for the Eden Rock at PGA West project in La Quinta. CV WD provides domestic water, wastewater, recycled water, irrigation/drainage, regional stormwater protection and groundwater management services to a population of 265,000 throughout the Coachella Valley in Southern California. At this time, CVWD submits the following comment regarding the proposed project: The groundwater basin in the Coachella Valley is in a state of overdraft. Each new dwelling unit contributes incrementally to the overdraft. CV WD has a water ' management plan in place to reduce the overdraft to the groundwater basin. The elements of the Coachella Valley, Water Management Plan include supplemental imported water, source substitution and water conservation. The elements of this plan should be incorporated in the environmental mitigation plan for this development to reduce its negative impact on the Coachella Valley groundwater basin. If you have any questions, please contact Luke Stowe, Senior Environmental Specialist, at extension 2545. LS:chleng\O7yuWesbitt4a quinta on ve ly, Mark L. Johnson Director of Engineering TRUE CONSERVATION USE WATER WISELY 9 AGUA CALICNTE BAND OF CAHUILLA INDIANS TRIBAL HISTORIC PRESERVATION August 14, 2007 Wallace. H. Nesbit, Principal Planner City of La Quinta P.O. Box 1504 La Quinta, CA 92247 o�j AUG 15 2007 �, -t� CRY OF LA OUINTA rt AfNSW DEPMM Re: NOP of a Draft EIR for the Eden Rock at PGA West Project, City of La Quinta, Riverside County, California Dear Mr. Nesbit: The Agua Caliente Band of Cahuilla Indians appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in your project, pursuant to SB18. The proposed project location is not within the Reservation boundaries however, it is within close proximity of the Tribe's Traditional Use Area. Because of this, the Ague Caliente THPO requests: 1. A 100% cultural resources inventory of the project area by a qualified archaeologist prior to any development activities in this area. A records check of the Agua Caliente Register indicates recorded cultural sites are present in the vicinity. Please forward copies of any cultural resource documentation generated in connection with these efforts to the Tribal Historic Preservation Office for review and comment. 2. An Approved Cultural Resource Monitor(s) be present during any archaeological survey. 3. , The presence of approved Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Ague Caliente Tribal Historic Preservation Officer. 4. Copies of all cultural resource documentation that might be generated in connection with these efforts for permanent inclusion in the Agua Caliente Cultural Register. Again, the Agua Caliente Tribe appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760)699-6907. You may also email me at MuckCa aouacaliente.net. Cordially, TJ Patricia Tuck, Archaeologist Tribal Historic Preservation Office AGUA CALIENTE BAND OF CAHUILLA INDIANS C: Agua Caliente Cultural Register Santa Rosa Band of Mission Indians Torres -Martinez Desert Cahuilla Indians Augustine Band of Mission Indians Cabazon Band of Mission Indians P:\THPO\correspaxlence\20071e)demal projects\traditional use area\ LaQuinta_EdenRockPGAWest_8_14_07.dm 554 5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264 T 760'325'3400 F 760;699,6924 WWW AGUACALIENTE-NSN GOV ATTACHMENT #15 ATTACHMENT 15: RESPONSES RECEIVED ON DRAFT SEIR (BY DATE RECEIVED) 555 James W. Cox 55-914 Brae Bum, La Quinta CA 92253 December 28, 2007 Wallace H. Nesbit, Principal Planner Planning Department City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Eden Rock at PGA West Draft Subsequent EIR Dear Mr. Nesbit: I reside at 55-914 Brae Burn, La Quinta, California, located within PGA West. I am writing to you as a concerned homeowner in response to the Draft Subsequent Environmental Impact Report (the "Draft SEIR") prepared by Impact Sciences, Inc., dated November, 2007, on behalf of Eden Rock at PGA West. While the views expressed herein are my own, I am confident, based on my discussions with hundreds of PGA West homeowners, that most, if not all, of my comments are shared by many of my fellow PGA West residents. I have reviewed the Draft SEIR and, for the reasons stated in this letter, the Draft SEIR is deficient under California law and the CEQA Guidelines. Accordingly, I request that the Draft SEIR be re -written to address the issues raised herein and that the Project applications now pending for hearing before the La Quinta Planning Commission on January 8, 2008, be taken off -calendar pending completion of a re -written and re- circulated Draft SEIR. As many PGA West residents and I have explained to the Project applicant and to City Staff on several occasions, we recognize the economic reality of this in -fill site: the highest and best use of this site requires that it be developed as a multi -family Project. The Project applicant representatives, numerous PGA West homeowners and I have met several times to attempt to find some middle ground that would allow us to support or, at least, not oppose the Project. Unfortunately, our efforts have not produced any tangible results. However, we remain open to continuing our dialogue with the Project representatives and City Staff, which is another reason for our request that the La Quinta Planning Commission defer to a future date its consideration of the various Project applications. JAN - 2 20E8 556 CITY OF LA OUINTA Wallace H. Nesbit, Principal Planner December 28, 2007 Page 2 Our primary concerns with this Project have been, and continue to be, the following: 1. Operation as a Quasi Hotel. We understand that the Project is subject to a draft development agreement between the Project applicant and the City of La Quinta. However, as of the date of this letter, City Staff has not made a copy of the draft development agreement available to the PGA West residents. As such, we do not know the contents of the draft and cannot respond with specificity to it. Therefore, we reserve the right to make additional comments on the draft development agreement until such time as we have been afforded a reasonable amount of time to review it and prepare written comments. Based on my discussions with the applicant, my understanding is that the draft development agreement contains three important components: (1) a liberal policy for rental of the units (i.e., no minimum duration of stay requirement); (2) the imposition of an annual payment by each homeowner to the City; and (3) the ability of each homeowner to satisfy this annual payment with the transient occupancy tax ("TOT") the City receives from the rental of each unit during that year. if my understanding is correct, the development agreement will ensure that the Project is developed, marketed and operated as a quasi hotel because the homeowners will have a clear financial incentive to rent their units as often as necessary to satisfy their annual obligations to the City. On October 22, 2004, the applicant caused to be recorded in the Official Records of Riverside County a grant deed (the "Grant Deed"). (A copy of the Grant Deed is attached hereto as Exhibit "A.") The Grant Deed, which conveys title to the site from the prior owner, KSL Land Holdings, LLC, to Crowne Pointe Partners, LLC, contains a use restriction that prohibits the site, or any part thereof, from being used as a "hotel, motel, travel lodge, time share, fractional ownership or other transient occupancy facility" (the "Restriction"). The proposed use of this site under the terms of the proposed development agreement violates the letter and intent of the Restriction because the combination of the lack of a minimum duration of stay requirement, the annual fee due to the City by each homeowner and the TOT credit against this annual fee will cause the Project to be used by the homeowners as a "transient occupancy facility." Faced with the loss of TOT revenue from this site, it is natural that City Staff would look for an alternate method for the site to generate replacement TOT. Unfortunately, the use of this site as a quasi hotel would bring several problems in perpetuity for the current and future owners of PGA West. These problems would not go 557 Wallace H. Nesbit, Principal Planner December 28, 2007 Page 3 unnoticed by potential buyers of PGA West homes. Thus, use of the site as a quasi hotel would have a negative effect on the values of PGA West homes. The environmental effects on PGA West homeowners resulting from the use of this site as a quasi hotel include, but are not limited to, increased human activity noise from short-term renters, more security infractions by short-term renters, and the irreversible loss of views of the Santa Rosa Mountains due to the three -level residential structures and the bell tower_ I have proposed to the Project applicant changes to the financial relationship between the City and the Project which would reduce many of these impacts to a level that would allow us to support the Project, together with relatively minor changes in density and design, similar to that discussed in Alternative 3 of the Draft SEIR. 'Be Project applicant's representative seemed amenable to most, if not all, of these suggestions for generating revenue for the City without relying on short-term renters and TOT revenue. The Project applicant representative authorized me to raise this issue with City Staff Subsequently, City Staff told me that only the Project applicant could suggest changes to the proposed development agreement. Simply stated, my recommendations for reforming the proposed development agreement so that the Project will be more compatible with the surrounding land uses are: a. The end buyer of each unit pays the City from $3,500 to $4,500, depending on the unit type, upon the close of escrow, with no TOT credit. b. Each homeowner pays the City $3,000 upon the close of escrow of each resale, with no TOT credit. 2. Land Use Incompatibility. The use of this property as a transient occupancy facility would bring many of the same land use problems as a hotel: noise, security, privacy and land use incompatibility. Noise emanating from this Project will be generated by renters who will view the temporary use of these condominiums as opportunities to amuse, if not indulge, themselves with few consequences to themselves and with little regard for the residents of the surrounding PGA West communities, in contrast to our experience with longer -term renters. The high density and limited recreational facilities of the Project, such as having only one swimming pool, will entice renters to explore the surrounding single-family neighborhoods and their private swinuning pools. The best way to mitigate these adverse effects on the surrounding communities would be to require minimum rental periods of 30 days each and to reduce the density of the Project. 558 Wallace H. Nesbit, Principal Planner December 28, 2007 Page 4 3. Loss of Views. The Draft SEIR acknowledges that the proposed three- story units and the bell tower will obscure the views of some PGA West residents, but dismisses this as a relatively minor impact for which no mitigation is necessary. However, if a reasonable alternative which produces less environmental impact is available, CEQA requires that such alternative be studied and analyzed. We have repeatedly asked the Project proponent to reduce the height of the bell tower and to eliminate the third floor of the villas to address our concerns regarding the loss of our views. In that same vein, we have proposed that the elevations of the pads for the Manor Homes along the east perimeter of the Project be lowered to make those units less obtrusive to the PGA West residents whose homes lie to the east. These changes could be achieved with relatively minor impact to the Project economics. 4. Densi . We have also discussed with Project representatives and City Staff the reasons why reducing the density of the Project is in the best interests of the Project and PGA West residents. We are not asking, as is implied in Alternative 4, that the Project be converted into single-family detached residences, even though we have it on good authority that it would be economically feasible to do so. We recognize that this parcel of land will need to be developed with an attached residential product for it to be at its highest and best use_ However, we feel that the Project could bejust as economically viable with 40 to 50 fewer units, which could reasonably be done by substituting the high -density Village units with lower -density Courtyard units. The remaining units could be made larger and, thus, could be sold for higher prices. Reducing density by 40 to 50 units would significantly reduce the intensity of the noise and security impacts flowing from this incompatible land use and would prevent much of the loss of views. We believe that Alternative 3, which would reduce the Project by 27 units, is more in line with our vision of what a successful multi -family Project would look like within the heart of PGA West. However, the Draft SEIR dismisses the benefits it acknowledges would result from a relatively minor reduction in density by arguing that Alternative 3 would "meet, but not to the same extent, the following Project Objectives: • A broad range of housing types and choices for all residents of the City. Provide PGA West residents with the option to downscale from larger single-family units to smaller multi -family units while retaining the PGA West lifestyle. • Provide luxury second or weekend homes within the destination communities of PGA West and the greater Coachella Valley." 559 Wallace H. Nesbit, Principal Planner December 28, 2007 Page 5 However, the Draft SEIR does not provide an analysis, based on facts, to support its conclusion that Alternative 3 is not worthy of further consideration. Quite the contrary, Alternative 3 substantially meets these General Plan and Project Objectives. With some design modifications and the addition of a minimum duration of stay requirement, Alternative 3 is close to the type of Project that would be acceptable to the residents of PGA West. Moreover, no reason is stated in the Draft SEIR as to why the Project would not be economically successful using Alternative 3. The Draft SEIR is deficient in that it fails to make a compelling case for why Alternative 3 should not be implemented. Alternative 3 acknowledges reductions in impacts to aesthetics, air quality, land use (compatibility), noise, public services, public utilities and traffic. Thus, by the facts and analysis contained in the Draft SEIR, a strong argument is made for choosing Alternative 3. Before rejecting Alternative 3, the Draft SEIR should contain a detailed cost -benefit analysis, supported by facts and not conclusions, of why the Project should not or could not be revised to conform to Alternative 3, or some variation thereof. The Draft SEIR is also deficient because it does not identify and analyze the environmental impacts on the surrounding PGA West communities, such as noise from weekend renters and security issues, which would flow from the use of the site as a quasi - hotel. Furthermore, the Draft SEIR does not adequately examine other realistic project alternatives to mitigate these adverse effects. For example, Alternative 4 is rejected as being "not economically feasible." However, no economic data or analysis is provided to support that conclusion. The Draft SEIR should also include other project alternatives which provide for a reduction in density and elevation design changes as discussed in this letter. Based on the foregoing, the Draft SEIR should be re -written to rectify the shortcomings identified in this letter. Consequently, I and many other concerned residents of PGA West request that the Planning Commission take this Project off calendar for the January 8, 2008 hearing and defer setting it for a new hearing until the Draft SEIR has been re -written and re -circulated in accordance with this letter and state law. Thank you for your consideration of these comments and our requests. Sincerely, James W. Cox 569 I RAMONA BAND OF CAMILLA 56310 Highway 371, Suite B Post Office Box 391670 Anza, California 92539 December 27, 2007 City of La Quinta Planning Department C/o Wallace Nesbit La Quinta City Hall 78495 Calle Tampico La Quinta, CA 'A SOVEREIGN NATION" Tel: (951) 763-4105 Fax: (951) 763-4325 E—mail: admin@ramonatribe.com JAN - 2 2008 CITY OF to QUWA Re: GPA 2006-107/ Zone Change 2006-127/ SP 83-002, Amend. #6 TT 33226/ Site Dev. Permit 2006-852/ Dev. Agreement 2006-011 Dear Mr. Nesbit: The Ramona Band of Cahuilla Indians received a notice regarding the above proposed project. While the proposed project is not within the Reservation boundaries, the project site lies within the traditional territory of the Cahuilla People, and the Ramona Band of Cahuilla Indians is concerned about the protection of unique and irreplaceable cultural resources, such as Cahuilla village and burial sites and archaeological items that may be displaced by work associated with any project within the aboriginal homelands of the Cahuilla people. The Ramona Band of Cahuilla Indians is also concerned about the proper and lawful treatment of any cultural or ceremonial items, Native American human remains, or sacred items which may be discovered during planning and/or construction of the project. At this time, the Ramona Band of Cahuilla Indians can not provide any information regarding Mural resources within the proposed project area. However, we reserve the right to review the cultural resource report for the proposed project and provide comments regarding any concerns we may have. Please forward a copy of the cultural resources report to the address listed above_ In addition, please forward any mitigation language that is recommended to reduce impacts the proposed project may have on cultural resources. The Ramona Band of Cahuilla Indians looks forward to working with the City of La Quinta, on a government -to -government basis, to protect and preserve the invaluable resources of the Cahuilla people. Sincerely, John At Jr. Cultural Resources Ramona Band of Cahuilla Indians 561 1NAN911 ACINCY January 8, 2008 Mr. Wallace H. Nesbit, Principal Planner Department of Planning City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Re: Eden Rock at PGA West Project Dear Mr. Nesbit: MEMBERS: Desert not Springs Pnlm Springs Cathedral City Rancho Mirage Palm Desert Indian Wells to Qalnta Indio Coachella Riverside Cuanty DEC 2 8 2007 CITY OF LA ouINTA This letter responds to your request for comments regarding the proposed development located at the northwest corner of PGA Boulevard and Spanish Bay within the existing PGA West golf course and residential community in the city of La Quinta. SunLine Transit Agency (SunLine) staff has reviewed the project and offers the following comments. 1. Ensure that sidewalks are provided and incorporated throughout the project area to assure that pedestrians and future residents of the proposed development can easily access services provided within the project site. The sidewalks should be provided in areas fronting the project area, if there are no sidewalks currently in place. 2. Include pedestrian circulations that provide connectivity to the street network to ensure that future residents can easily access services offered in the neighborhood. Based on further review, SunLine is not requesting inclusion of transit amenities, i.e., bus turnout and bus shelter as part of the proposed development. Currently, Sunline does not offer transit service to the proposed project site; however, the nearest service route is located northwest of the project, along Washington Street at Calle Tampico, served by Line 70 (La Quinta). Additionally, we offer Americans with Disabilities Act (ADA) Complementary Dial -A -Ride service in the Coachella Valley, which may be utilized by residents for medical appointments and other activities. As the Coachella Valley continues to grow and based on further analyses, SunLine will continue to monitor on -going developments and may provide transit service to the proposed project in future, if warranted. 562 32-505 Harry Oliver Trail, Thousand Palms, California 92276 Phone 760-343-3456 fax 760-343-3845 wwwsunline.org Mr. Wallace H. Nesbit, Principal Planner Page Two Should you have questions or concerns regarding this letter, please contact me at 760-343-3456, ext. 162. Sincerely, i Alfonso Hernandez Planning Assistant cc: C. Mikel Oglesby, General Manager Eunice Lovi, Director of Planning Les Johnson, Planning Director City of La Quinta 563 John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of. Banning s Beaumont 4 Calimesa Canyon Lake Coachella Desert Hot Springs v Indian Wells Indio Lake Elsinore e. La Quinta Moreno Valley Palm Desert Perris Y Rancho Mirage t San Jacinto Temecula Board of Supervisors Bob Buster, District I John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue • Penis, California 92570 • (951) 940-6900 • Fax (951) 940-6910 DEC 2 8 2007 December 27, 2007 CrrY OF LA OUINTA Wallace H. Nesbit, Principal Planner City of La Quinta Planning Department 78495 Calle Tampico La Quinta, CA. 92253-1504 Re: Fire Services For Eden Rock Draft EIR (SCH #2007061056) Z With respect to the referenced proposed Draft Environmental Impact Report, errors were recognized in the draft dealing with response times, staffing and service delivery. The Riverside County Fire Department offers the following: The proposed project(s) will add to the cumulative adverse affect on the Fire Department's ability to maintain the current level of service. These impacts include fire and medical emergencies as well as public service calls, all due to the increased population presence and structures. As with any additional construction within a response area, a cumulative increase in requests for service will add to the Fire Department's ability to provide adequate service. The 3 nearest Fire Stations encompassing a Full Alarm Assignment responding to an incident are: RCO Station 00, La Quinta PGA West. 54001 Madison St., La Quinta RCO Station #32, La Quinta. 78136 Frances Hack Ln., La Quinta RCO Station #39, Thermal. 56925 Vic Higgins Street, Thermal All the above mentioned RCO Fire Stations are staffed full-time, 24 hours/7 days a week, with a minimum 3 person crew, including Paramedics, operating "Type- I" structural fire fighting apparatus. From the above listed fire stations, the first unit should arrive within 4-6 minutes after dispatch based on posted speed limits and taking into consideration the gated community and speed bumps within. The second station would arrive within 8-10 minutes and the third between 10-12 minutes. Tony Fox, Captain Riverside County Fire Department Strategic Planning Division (760)863-8886 ME 564 ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (760) 398-2651 • FAX (760) 398-3711 DIRECTORS PETER NELSON. PRESIDENT PATRICIA A. LARSON. VICE PRESIDENT TELLIS CODEKAS JOHN W. MCFADDEN RUSSELL KITARARA December I8, 2007 Wallace H. Nesbit, Principal Planner City of La Quinta Planning Department 78495 Calle Tampico La Quinta, CA 92253-1504 Dear Mr. Nesbit: OFFICERS STEVEN B. ROBBINS, GENERAL MANAGERCHIEF ENGINEER MARK BEUHIER, ASST. GENERAL MANAGER JUUA FERNANDEZ, SECRETARY DAN PARKS, ASST. TO GENERAL MANAGER REDWINE AND SHERRILL, ATTORNEYS receives! File: 0163.1 DEC 19 2007 City of La QWnta HwA. tgpepWment Thank you for affording the Coachella Valley Water District (CVWD) the opportunity to review the Draft Environmental Impact Report for the Eden Rock at PGA West project in La Quinta. CVWD provides domestic water, wastewater, recycled water, irrigation/drainage, regional stormwater protection and groundwater management services to a population of 265,000 throughout the Coachella Valley in Southern California. At this time, CVWD submits the following comments regarding the proposed project: Page 12-2-2, Wastewater Generation -Eden Rock- The wastewater flows are incorrectly stated on pages 12.2-2 and 12.2-3. Please calculate the Equivalent Dwelling Unit (EDU) and multiply by 200 gallons per day per EDU to get the average wastewater flows. Also, footnote 1 in Table 12.2-1 should be deleted. 2. Page 12.1-1, Section 12.1.1.2 City of La Quinta Water System- In the first paragraph, second sentence, please replace "900 feet' with "1,300 feet'. In the second paragraph, second sentence, please replace "18 inches" with "36 inches". If you have any questions, please contact Luke Stowe, Senior Environmental Specialist, at extension 2545. Director of Engineering 565 LS:cMeng\env\07\de E&n Rock TRUE CONSERVATION USE WATER WISELY NATIVE AMERICAN HERITAGE COMMISSION 916 CAPrrOL MALL, ROOM 364 SACRAMENTO, CA 95614 (916)653,6251 F=(916) 657-5999 Web Site xenminabccag9�t e aa: ds_nahc®pacbeft net December 7, 2007 Mr. Wallace H. Nesbitt CITY OF LA QUINTA PLANNING DEPARTMENT 78495 Calle Tampico La Quirts, CA 92253-1504 DEC 112007 • • • m Re: SCH/f2007061056. CEQA Notice of Completion: draft Environmental Imoact Report (DEIR): Eden Rock at PGA West Proiect City of La Quinta: Riverside County California Dear Mr. Nesbitt The Native American Heritage Commission is the state agency designated to protect CalifomWs Native American Cultural Resources. The California Environmental Quality Act (CEQA) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a'signficant effect' requiring the preparation of an Environmental Impact Report (EIR) per CEQA guidelines § 15064.5(bxc). In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the'area of potential effect (APEy, and if so, to mitigate that effect To adequately assess the project -related impacts on historical resources, the Commission recommends the following action: 4 Contact the appropriate California Historic Resources Information Center (CHRIS). Contact information for the Information Center nearest you is available from the State Office of Historic Preservation (916/653-7278)/ http'//wow.oho.parks.ca.gov/1068/filesACO/•2ORoster.pdft The record search will determine: • H a part or the entire APE has been previously surveyed'for cultural resources. • H any known cultural resources have already been recorded in or adjacent to the APE- - M the probability is low, moderate, or high that cultural resources are located in the APE. If a survey is required to determine whether previously unrecorded cultural resources are present 4 If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. • The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure - The final written report should be submitted within 3 months after work has been completed to the appropriate regional archaeological Information Center. J Contact the Native American Heritage Commission (NAFIC) for A Sacred Lands File (SLF) search ofthe project area and information on tribal contacts in the project vicinity that may have additional cultural resource inkinnation- Please provide this office with the following citation format to assist with the Sacred Lands File search request USGS 7.5-minute auadrande citation with name- low shim ranee and section: . • The NAM advises the use of Native American Monitors to ensure proper identification and care given cultural resources that may be discovered The NAHC recommends that contact be made with Native American Contacts on the attached fist to get their input on potential project impact (APE)- In some cases, the existence of a Native American cultural resources may be known only to a local tiibe(s). 4 Laic of surface evidence of archeological resources does not preclude their subsurface existence - Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources. per California Environmental Quality Act (CEQA) §15064.5 (f). In areas of idantiffed archaeological seriaitivily, a serfified archaeologist and a culturally affiliated Native Arnerican, with krwwfedge in cultural resources. should mondw all grourrd-disturbing activities. • Lead agencies should include in their mitigation plan provisions for the disposition of recovered artifacts, in Consultation wilt adhrraly affiliated Native Americans. 4 Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans- CEQA Guidelines, Section 15064-5(d) regiffies the lead agency to work with the Native Americans identified by ttrs Carurassian it the trial Study Wankfies_the presence or it*presence of Native American human femains VAVM the APE.' CEQAC Gum' provide for agreements with Native American, Identified by the 5GG NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. J Health and Safety Code §7050.5, Pudic Resources Code §5097.98 and Sec. §15064.5 (d) of the CEOA Guidelines mandate procedures to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. d Lead agencies should Wider avoidanceas defined in S 15370 of the CEQA Guidelines when significant cultural resources are discovered during the course of protect planning and implementation Please feel free to contact me at (916) 653-6251 if you have arty questions_ Attachment List of Native American Contacts Cc: State Clearinghouse 567 Riverside County December 7, 2007 Cabazon Band of Mission Indians John A. James, Chairperson 84-245 Indio Springs Parkway Cahuilla Indio CA �us (760)342-2593 (760)347-7880 Fax Cahuilla Band of Indians Anthony Madrigal, Jr., Interim -Chairperson P.O. Box 391760 Cahuilla Anza , CA 92539 tribalcountal@cahuilla.net (951)763-2631 (951) 763-2632 Fax Ramona Band of Mission Indians Joseph Hamilton, vice chairman P.O. Box 391670 Cahuitla Anza , CA 92539 admin@ramonatribe.com (951) 763-4105 (951) 763-4325 Fax Tortes -Martinez Desert Cahuilla Indians Raymond Torres, Chairperson PO Box 1160 Cahuilla Thermal CA 92274 (760)397-0300 (760) 397.8146 Fax This fist Is current only as of the date of tills document. Santa Rosa Band of Mission Indians John Marais, Chairman P.O. Box 609 Cahuilla Hemet . CA 92546 srtribaloffmCaaol.com (951) 658-5311 (951)658-6733 Fax Augustine Band of Cahuilla Mission Indians Mary Ann Green, Chairperson P.O. Box 846 Cahuilla Coachella CA 92236 (760)369-7171 760-369-7161 Morongo Band of Mission Indians Britt W. Wilson, Cultural Resources -Project Manager 49750 Seminole Drive Cahuilla Cabazon , CA 92230 Serrano brftt wilso Canxwo go-org (95-11)755-5206 (951) 755-5200/323-0822-cell (951)922-8146 Fax Torres -Martinez Desert Cahuilla Indians William J. Contreras, Guttural Resources Coordinator P.O. Box 1160 Cahuilla Thermal . CA 92274 cultural monitor@yahoo.tom 760)397-0300 (760) 275-2686-CELL (760)397-8146 Fax Distribution or dds LLst does not relieve any person of statutory responsibility, as defined In Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Coda This list Is only applicable row contacting local Native Aumrican with regard to cultural resources nor the proposed SCHAKAM06f056; CEDA Notice of ConPletloK drab Em komaerbel bnpaU Report (DEIR) for Eden Nock at PGA test Prof err City of La Quints; Rivasklet County, CaWonia 5633 Riverside County December 7, 2007 Cabazon Band of Mission Indians Judy Stapp, Director of Cultural Affairs 84-245 Indio Springs Parkway Cahuilla Indio , CA 92203-3499 lweaver@cabazonindians.org (760) 342-2593 (760)347-7880 Fax Agua Caliente Band of Cahuilla Indians THPO Richard Begay, Tribal Historic Perservation Officer 5401 Dinah Shore Drive Cahuilla Palm Springs , CA 92264 rralgq32cextt (760�E906(760)699-6906 (760) 699-6925- Fax Cahuilla Band of Indians Maurice Chacon, Cultural Resources P.O. Box 391760 Cahuilla Anza , CA 92539 cbandodian@aol.com (951)763-2631 (951)763-2632 Fax This ILd Is arrrere only as of the date of this document. DlsUMuUm of this list does not relieve a" person of statutory resporadWgy as d0lrwd in Section 705&S of the Health and Safety Code, Sect SW9 90 of the Prrblb Resources Code and SecUm SW 98 of the PuNic Resources Code. Tlds Oat is or* appdcable for contacUM local MUve Arnerlcerr w th regard W adkrral resources for the proposed SOW200MR05t CEM Hotice of Conn; draft Env#oranenW 6npad Report (DE" for Eden Rock at PGA West !!�� Projecr City of la Guinta; Riversidet County. Callfomis. 9- 569 Board of Trustees President MIKE DURAN Indio Vice President 10HN FUSCHETTI Rancho Mirage Secretary/Treasurer BRUCE UNDERWOOD, Dr. P.H. Indian Wells GARY HOWELL Cathedral City RICHARD MACKNICKI Coachella BEN LAFLIN County at Large NICK NIGOSIAN County at Large KARL BAKER,IR. Desert Hot Springs TERRYHENDERSON La Quinta DOUGLAS WALKER Palm Desert Coachella Valley Mosquito and Vector Control District 43-420 Trader Place • Indio, CA 92201 • (760) 342-8287 • Fax (760) 342-8110 E-mail: CVmosquito@cvmvcd.org • Website: vmv.cvmvcd.org received November 27, 2007 DEC — 4 2007 Mr. Wallace H. Nesbit C"otto�o. __ , Principle Planner more" City of La Quinta Planning Department 78495 Calle Tampico La Quinta, CA 92253-1504 Subject: Comments regarding Notice of Availability Draft Environmental Impact Report for Specifrc Plan # 83-002, (Amendment # 6), General Plan Amendment # 107, Change of Zone # 127, Tentative Tract Map # 33226, Site Development Permit # 852 and Development Agreement # Of in La Quinta, CA. Dear Mr. Nesbit, Thank you for the opportunity to express our position and concerns in reference to the Request for comments regarding Notice of Availability Draft Environmental Impact Report for Specific Plan # 83-002,( Amendment # 6), General Plan Amendment # 107, Change of Zone # 127, Tentative Tract Map # 33226, Site Development Permit # 852 and Development Agreement # 011 in La Quinta, CA. The Coachella Valley Mosquito and Vector Control District (District) offers the following comments on potential impact of the project on the local environment, as well as suggested mitigating measures. SHARON LOCK The major emphasis of the District is interruption of vector-bome Palm Springs diseases. One of the most recent diseases of concern is the West Nile DONALD E. GOMSI Virus (WNV). Mosquito species found in the Valley are major vectors of General Manager the WNV and other arborviruses such as Saint Louis Encephalitis (SLE) and western equine encephalomyelitis (WEE) viruses that may cause serious disease, or even death, in humans and animals. The population growth in the Valley will undoubtedly increase the potential for vector problems, creating additional health and nuisance issues for residents and management of local cities and the District. The District strives to lower the production of vectors, such as mosquitoes; however, assistance is needed from all members of the building community. When areas are built with reduction of vectors in mind, future problems may never occur. It is very important to build homes, 4 579 businesses, and infrastructure in a manner that will address vector breeding issues. Mosquitoes Mosquitoes need water for survival. Water run-off creates mosquito breeding sites and provides water to other vectors. New construction and renovations of existing buildings, new street gutters, catch basins, retention and percolation basins, dry wells, etc., are being added to existing drainage systems. These mandated systems function to hold water and direct street run-off water to locations where the excess water slowly percolates into the ground. If improperly designed and/or maintained, the standing water will remain in the system for more than four days. Water that stands for this length of time in any component of the system will create mosquito breeding problems under desert climate conditions. In order to ensure the efficiency of the drainage system (i.e., proper slopes in gutters and channels, permeable bottoms at percolation basins and dry wells), the District recommends that construction follow the guidelines of structural Best Management Practices (BMPs). For information on BMP guidelines refer to www.cabmphandbooks.com and www.stormwaterauthoritV.org. Additionally, a regular maintenance schedule must be incorporated into the development plan for percolation basins. Recent, increasingly stringent urban stormwater run-off regulations have mandated the construction of structural BMPs for both volume reduction and pollution management. The District strongly supports the BMPs in an attempt to prevent, reduce, or eliminate mosquito breeding from stormwater management structures. It is evident that many structures could be environmentally improved if vector issues were considered prior to construction. The District requests the opportunity to become directly involved in the development and implementation of BMPs for the construction and maintenance of economically efficient, biologically acceptable, and environmentally compatible storm water management structures. Synanthropic Flies There are a number of pest species that can become major problems within the city if breeding conditions are allowed to become established, frequently by human neglect or indifference. Improper disposal of grass clippings from green belts and other organic wastes associated with a development could trigger breeding of a number of synanthropic flies. Eye Gnats in the Valley have a history of being a serious nuisance, as well as a health problem, as a vector of "pink eye" to area residents. They breed in organic material within the moist soil of flowerbeds, greenbelts, and vegetative accumulations, such as improperly disposed grass clippings. A_. 571 Flies can become a serious pest problem during warm weather. Major suburban breeding sources are open or improperly sealed trash containers and accumulations of animal refuse, such as the tardy removal of dog feces, which becomes a local sanitary problem as well as a major source for fly breeding. The District recommends bi-weekly trash collection. Secondly, it recommends the implementation of a program that monitors the physical condition of all trash cans as trash is collected, with rapid replacement of damaged cans and covers to maintain effective trash containment and fly exclusion. Rodents Roof Rats are becoming an increasing suburban and urban problem throughout the Valley. Harborage or shelter is often provided in improperly or poorly groomed and maintained shrubbery and trees, accumulations of wood, stored vehicles, or exterior structures. Once rodents move into a neighborhood or commercial business property, they quickly become established as a nuisance and health problem.. During construction or major renovation of any building, the District recommends that proper seals should be made wherever wiring, plumbing, etc., penetrate the walls. The house mouse, for example, can invade homes and businesses through holes as small as '/4 inch in diameter. Rodent food sources include pet food left out overnight, abundant numbers of cockroaches or snails around the yard, or ripe fruit allowed to fall and accumulate on the ground. By working together to ensure source reduction and exclusion methods, this proactive approach to the prevention of potential vector problems will ultimately result in cost savings, minimize long term vector production and associated surveillance and control, and ensure compliance with health and safety codes. The District welcomes increased communication and collaboration with all interested agencies, especially among the La Quinta Planning Department, the Coachella Valley Water District and District staff. If you have any questions, please feel free to contact me. We look forward to working with you in this cooperative effort. Sincere Gerald Chuzel Fishery & Environmental Biologist cc: Branka B. Lothrop, PhD, Scientific Operations Manager 572 received NOV 2 62007 Mission: Educate and communicate the rich heritage of Soboba peoples; tread and assist individuals, organizations and communities in understanding the needs and concerns of Native American monitoring of traditional sites; Advocate Native American participation in state agencies and boards; Advocate legislation and enforcment of laws affecting Native American peoples and protecting historical and archaeological resources. November 20, 2007 Attn: Wallace A. Nesbit City of La Quinta 78495 Cane Tampico La Quinta, Ca 92253-1504 Re: The Eden Rock at PGA West Project The Soboba Band of Luiseiio Indians appreciates your observance of Tribal Cultural Resources and their preservation in your project. The information provided to us on said project(s) has been assessed through our Cultural Resource Department, where it was concluded that the project area falls within the bounds of our Tribal Traditional Use Area. Soboba Band of Luiseno Indians is requesting the following: 1. Further consultation with Native American Tribes. 2. Copies of archeological and/or cultural resource documentation. If you have any questions or concerns please do not hesitate to contact me at the following number 951487-8268. (SPECIAL NOTE (for projects other than c t towers): ffdm project is associated with a city or county specific Plan or Bendel plan action it a subKd to l e pmvisias ofSB 18-Tradti0nal Tribal Culanal Plaoes (law became effective January 1, 2005) and will require the city or county to particWme in formal, govermmemtaogovtrmmemt consdtatiom with We Tribe. If the city or county are you client, you may wish to make them aware of this requirement By law, they are required to contact the Tnbe.l Sincerely, Darren Hill Soboba Cultural Resource Department Phone 951487-8268 Cell 951-663-5279 dhilMsoboba-nsn.gov a_L. 573 MtftEp EEIIYIIDII WMES r r tuwewo ton�aE o � xtouw nEtta a ,� IMl1 t1EIIERf Y • uaasr� .'' �• awro yo Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta. California 92253 • (7601 777-4200 received NOV 2 62007 November 19, 2007 Wallace H. Nesbit, Principal Planner City of La Quinta Planning Department 78495 Calle Tampico La Quinta, CA 92253-1504 Request for Comments: Eden Rock at PGA West Project - 292 single and multi -family condominium units located south of Avenue 54 and east of Jefferson Street/PGA Boulevard Dear Mr. Nesbit, This is in response to your request for input on the above referencedprojectsand its effect on public schools. The Desert Sands Unified School District boundaries do not include property located east of Jefferson Street and south of Avenue 48. Therefore, we are unable to comment as these locations are outside of our boundaries and within the Coachella Valley Unified School District. If you have any questions with regards to our boundaries, you may access -our boundary maps at www.dsusd.kl2.ca.us. Please feel free to call us at (760) 771-8515, if you have further questions. Thank you. ASince, h Sharon McGilvrey for Peggy Reyes, Director f Facilities Services sm 57r 44a" ATTACHMENT #16 February 8, 2007 Mr. Louis Swart Pacific Santa Fe Corporation 8905 S.W. Nimbus Avenue Beaverton, OR 97008 RE: SDP 2006-852 - EDEN ROCK PROJECT 292 Residential Condominium Units at PGA West Dear Mr. Swart: This is to formally notify you that on February 7, 2007, the La Quinta Architecture and Landscape Review Committee (ALRC) did make a recommendation for approval of the subject item to the Planning Commission. This action was taken subject to the staff recommendations as modified by the ALRC. The items outlined below will be forwarded to the Planning Commission as the ALRC recommendation, unless addressed through modification of plans: 1. All tile roofs shall be Mission clay, and incorporate a built-up mudding effect. All stucco coverings shall be a smooth, hand -trowel finish. 2. Replace tree species which generate excessive green waste, such as Bottle Tree, Crape Myrtle, Jacaranda, etc. as appropriate. 3. Landscaping shall incorporate trailing vines in Village courtyard driveway turnaround areas, and along wall areas in general and where appropriate. 4. Village cluster buildings shall be sited so as to provide increased landscaping setbacks for Streets E, F, H, I, J as widened to 29 feet ROW. 5. The final landscape plans shall reflect a significant effort to reduce turf areas in all landscaping, common and private. 6. Pool shall maintain a specification as shown at 32x70 feet minimum, and final plans shall not be modified to exclude the main pool, children's pool, spa and stream/pond features. The main pool area shall be of an exemplary design, in both materials and in design of the immediate environment around it. P.O- BOX 1504 • LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE T.4MPIC0 LA QI INT.Ai , CALIFORNIA 9225`3 s� 57 (760)777-7000 -FAX (760)777-7101 4 7. Provide enhanced landscaping along north project boundary as buffer/screening views of Manor units from adjacent and surrounding residential units. 8. Applicant to consider additional active recreational use amenities for the larger open space areas adjacent to the northerly Village units. 9. All courtyards, vehicular and pedestrian, shall be developed with decorative pavers. The perimeter wall along PGA West shall be based on the existing design, but upgraded in design, materials and location from that which exists now. 10. The perimeter wall shall be designed to create more of a unique, yet compatible, appearance that would complement the existing streetscape, but provide some design distinction relative to the Eden Rock project architecture. 11. Redesign of the building siting in the northwest portion of the site shall be explored, with an emphasis on limiting building height in close proximity to existing single -story residential units. Should you have any questions regarding this information, please do not hesitate to contact me at 760-777-7069, or email at wnesbit@la-quinta.orq. Very truly yours, Wallace Nesbit Principal Planner WN/wn c: Public Works Department Community Development Director Planning Manager Chris Bergh, MDS Consulting Chris Hentzen, GMA Mark Rockwell; Crown Pointe Partners Steven Sennikoff; Scheurer Architects 4! 576 w yr ni YLn0IUL rdx:ool—DUU—UU4D mar IU L000 IC:L3 r.UZ • COUNTY OF RIWRS]IDE zoi TRANSPORTATION AND LAND MANAGEMENT AGENCY Transportation Department George A. Johnson, P.E. Director of Transportation March 10, 2008 Wallace H. Nesbit Principal Planner City of La Quinta Planning Department 78495 Calle Tampico La Quints, CA 92253-1504 MAR 1 D 2OC8 CITY OF LA OUINTA Subject: Draft Environmental Impact Report (DEIR) for Eden Rock at PGA West Project Dear Mr. Nesbit: Thank you for the opportunity you have given the Riverside County Transportation Department to review and comment on the DEIR for the Eden Rock at PGA West Project, The DEIR addresses: • Specific Plan 83-002, Amendment 06 • General Plat Amendment 2006-107 • Zone Change 2006-127 • Tentative Tract 33226 is Site Development Permit 2006-852 a Development Agreement 2006-11 The proposed project would result in the development of a 292-unit residential condominium complex, in place of a previously approved hotel/commercial resort uses. The proposed project is located approximately 7 miles south of 1-10 in the City of La Quints. The proposed project would have 128 AM peak hour trips and 152 PM peak hour trips. The proposed project would not add an appreciable amount of traffic to any County of Riverside intersections or roadway segments. The closest County facilities are 1) to the east about 1.5 miles and would carry approximately 4% of the project traffic and 2) to the north about 7 miles (at I-10). q.577 4080 Lemon Stceet, Sth Floor • Rivorside. Caldomia 92501 • (951) 955-6740 P.O. Box 1090 • Riverside. California 92502-1090 • FAX (951) 955-3198 vv — III r"no I vI- I QA. aU roUU-UU4J FIaI I U ZUUO I G LJ r. UJ ® Wallace H. Nesbit, Principal Planner City of La Quinta Planning Department March 10, 2008 Page 2 n LJ n LJ The traffic study indicates that the project would send 5 1 % of its traffic to the north along Jefferson Street and 42% of its traffic to the north along Washington Street. Not all of these trips would travel so far north as to reach any County facilities or I-10, since there are a number of significant roads where a percentage of the project traffic would turn off before reaching I-10. The Riverside County Transportation Department anticipates no traffic and transportation impacts on any County facilities and has no further comments on the DEIR. Thank you again for the opportunity to review the DEIR. Sincerely, �.[ ,�dr�Irlca Farah Khorashadi Engineering Division Manager HB:FK:rg CC: George Johnson, Director of Transportation Juan Perez, Deputy Director of Transportation 573 ATTACHMENT #17 ATTACHMENT 17: RESPONSES RECEIVED TO 4/24/07 PC HEARING NOTICE 579 To: The Honorable Mayor, City Counsel Members and Planning Commission of the City of La Qmnta 7 May 2007 TWA UJ v I am herein submitting my opposition to the EdenRock development at the proposed location at PGA West in La Quints It doesn't take anyone long to understand that EdenRock is the wrong development for this PGA West location. The golf courses at PGA West were designed and built by world renown golf professionals and course architects. They commented on their fortune for the beautiful surroundings for their courses and proudly put their names and signatures on them. La Quinta is called the Gem of the Desert and the PGA West golf courses produced by these designers have certainly been the Hope Diamond of this community. However, EdenRock will be a zircon set amidst these gems and forever destroy the precious brilliance of PGA West. The developers would not be allowed to build on the Santa Rosa mountains mud desecrate the mountain views of those living in this valley. However, the desecration of the view of these mountains and beautifid PGA West is, in part, exactly what they are proposing. The preservation of these views could only be sustained with limiting this land to single story structures or preserving this land as a green belt or natural area. Better yet, a desperately needed executive golf course for the young and elderly. I attended the EdenRock presentation to the PGA West homeowners and members on 19 April 2007. It was not as well attended as it should have been, because many residents had already left at the end of this season. The presenters were Mark Rockwell and Louis Swart. It was because of what I learned at this meeting that resulted in this letter to the city. Prior to this meeting, this proposed development has, for good cause, raised adamant objections from the majority of people residing at PGA West. Over the past year, there has been a constant flow of E-Mails and discussions about the outlandish attempt to circumvent the homeowners and members in the construction of multiple storied inrildings at the core of our community and at the pinnacle of one of the most recognized golf facilities in the world. The information presented at the meeting was very general in content and Rockwell failed to answer many specific questions from the audience about the project. There were limited facts presented that could firther help abutters, members and home owners at PGA West further evaluate this development. The developers clearly understood that there is a tremendous outpouring of objection to their development as designed. However, they did not present or propose any changes to the project as constituted. Instead, they made a poor attempt at a sales job! 580 Their attitude was to state what they are going to do and not listen to any objections or concerns about it. Many times, Rockwell cut off comments from the audience and there was no one from the developer taking notes, promising responses to questions, or attempting in any way to work with the PGA West community. Someone in the audience suggested that elevation poles be installed on the property. Rockwell stated that he would install them, implying that he recognized that the elevation was a major issue. There are a few poles up now, however they are far from representing the block of space that will disappear from the horizon. You don't need these if you have a good sense of perception to help imagine the impact of these multistory structures on the community at this location. From the Stadium club house entrance, there will no longer be a view of the mountains except maybe a couple of peaks visible. From the front door of the Private club house, the sky will no longer be visible. Many homes to the north will loose the beautiful views they have enjoyed for twenty or more years, significantly affecting their property value. In addition, this project will block the views from the south that many have of the Santa Rosa Mountains, Indio Hills, Chocolate Mountains, Joshua Tree Summit or the Little San Bernardino Mountains, as they are sometimes referred. A group of friends from the east coast were at a convention at the La Quinta Hotel recently. I met them playing on the Stadium course. As they started the ninth hole, they were overwhelmed by the view of the mountains as the backdrop on this magnificent hole. Looking up toward the substantially higher EdenRock property, it was easy to imagine most of this mountain view disappearing as the result of two and three story buildings in the foreground. A virtual video tour presented by Rockwell tried to portray the property as wide open and low profile. However, the presenter's own layout charts showed an obvious opposite depiction. It is clear that this is an ill-conceived development and is contrary to the interest of the homeowners and members. It has numerous undesirable characteristics including, but not limited to the ground elevation, height of buildings, traffic flow, rental issues and etc. The only way to understand all of the objections to this project is to have an appropriately scheduled city public hearing with the opportunity for all residents and members to bring forth their specific issues. This can only take place while all interested parties are present in the valley, during the months of November through April, at a time where there would not be any undue hardship for them to attend. Rockwell first stated that the ground elevation was going to be reduced from its current high mounded elevation to the level of the surrounding properties. However, later he stated that the ground elevation would be higher at the golf course side and slope down towards the street. This was a direct contradiction. It appears that the fill, that has been dumped on the site over the years that created the high elevation will not be removed from the area The property, as it currently stands, is at least five feet above PGA Boulevard. In addition, excavation for streets, foundations and utility trenches would further increase this land elevation. +_ . 581 It was revealed at the meeting that there is no current environmental impact study on this - project, as proposed. Rockwell failed to show a ground water plan as well as the impact of utilities, irrigation, lighting and etc. on the surrounding area. The Eden Rock developer proposes that the homes bordering the stadium golf course will be two stories high. They will be very visible as the backdrop to what has previously been considered by golf reporters as "the best and most picturesque golf holes in the desert." All other homes on this hole are one story and the proposed homes would not be harmonious with the abutting neighborhood. In addition, three story interior buildings, third story bump ups on houses and a four story clock tower will further impede these classic mountain views. With the exception of one golf hole at PGA West, all homes abutting golf holes are one story. This one isolated hole is on the perimeter of PGA West, not at the most prominent location at the facility. The two story buildings there have low ceilings on both floors and do not infringe on anyone's view at PGA West. Also, there are no third story bonus rooms or four story towers in this small complex. For the past 21 years, the members residing on the west and south side of PGA Boulevard have been given access at a single point ninety degree crossing of the boulevard at the entrance to the private clubhouse on a golf cart path that led to the Stadium, Norman and Tournament courses, the Stadium driving range, putting green, Mc Clain Golf School, and the Stadium Club House. This path was not only used for access to these facilities for members and their guests, but provided a way to return to the club house or home after the use of these member's facilities. Inverse to this, is the round trip access to the private club house, driving range, putting green, Palmer, Nicklus Private and Weiskolf courses, the Tennis Club House and Health Club for all of those members and guests residing on the East and North side of PGA Boulevard. The proposed EdenRock property totally cuts off and "takes away" this 21 year access and right of way from the members. This was previously shown on maps of PGA West as part of the member` s facilities. At the EdenRock meeting, Rockwell stated that they are not going to provide the above access through their, now, property. There was no solution provided by him for this traffic problem and no possible way to otherwise include a path to skirt the Eden Rock development. Therefore, hundreds of golf carts will be required to merge, mingle, cut and slant across PGA Boulevard at various places twice daily, night and day, with the heavy automobile and truck traffic on the Boulevard, the main artery through PGA West.. This is in addition to the traffic volume added to this boulevard making turns in and out of EdenRock at the exact and only place where golf carts enter and exit the private club house driveway. All other gates to housing developments along PGA Boulevard are staggered, not directly opposite each other. However, the EdenRock entrance in the exact location of the clubhouse driveway will greatly compound traffic at this location. This project, as proposed, will be an extensive safety hazard for the residents and q.0 5812 members of PGA West. It is not an issue to be solved and passed on later to home owners associations, but a direct result of actions of the owners of PGA West and the developers of EdenRock. There will certainly be liability for any resulting accident that may occur through the negligence in addressing this safety issue up front. Rockwell stated that he did not have any solution for this problem. It is the understanding of those opposing this development, as proposed, that John Pena, adviser to the project, has set it up with his friends on the La Quinta Planning Commission to approve EdenRock during absence of those most concerned. It is obvious that his involvement is for his influence to see a successful processing of this scheme through the city. There is nothing pressing about having the Planning Commission or the City Counsel expedite this development without due process and with the obvious community issues involved. Where I come from, there is a planning department, planning board, planning appeals board and historical board reviewing any construction or modification. If it doesn't fit the community, neighborhood or clear abutter's concerns, it doesn't get done. Other projects by the developer have been incongruous with the La Quinta community, if not the whole valley. The aforementioned extensive issues with EdenRock proposal can not be taken lightly and could place an otherwise peaceful and beautiful community in nrin. The city can not allow another development such as Cordoviz at 56th and Jefferson to proceed with the outpouring of objections that the Eden Rock development has created. For the city to construct an esthetically pleasing rotary at this location, as well as nicely designed landscaping along the SilverRock property, and to allow a development such as Cordoviz to built there is unconscionable. With the justifiable objections by the residents and members of PGA West, the city can not make another mistake and let EdenRock go through as proposed. As otherwise stated above, May through October is the hot summer season here in the valley and most of the residents and members of PGA West temporarily move to more milder climates during these months. There will be limited numbers of members and residents to attend any community meeting on this project during this period. Therefore, the city should delay any further action until the concerned citizens are able to return to La Quinta and when the city can have the full opportunity to -work with the PGA West community to remedy the extensive issues with EdenRock. Sincerely, f f, -C c Raym nd . Gillen, J . 54081 Hill La Ouitita. CA 92 53 5873 April 260" 2007 Community Development Department La Quinta City Hall 78495 Calle Tampico La Quinta, Ca 92253 Dear Sirs/Madams: Re: P.G.A. West — General Amendment Plan — Eden Roc MAY 0 9 2001 I am an 8 year resident of P.G.A. West and had made plans to attend the April 20 meeting but cannot attend the new meeting date due to prior commitments. I am opposed to the Eden Roc project as presented for the following reasons: I) P.G.A. West is one of the oldest, primarily single family residences and I do not feel that adding 300 rental units will add to the betterment of the area 2) The height and density of the buildings/homes will be offensive to view while driving along P.G.A West Boulevard, and not in keeping with the present layout of P.G.A. West 3) The golf courses, which are very busy now in season, will not be able to handle an additional 300 to 400 bookings daily 4) The construction traffic and general building mess of such a large scale project will interfere with our enjoyment of a quiet residential area 5) Being largely marketed as rentals, the quiet enjoyment of our lifestyle will be threatened 6) I am gravely concerned over the reduction in value to my home due to having such a visually unappealing project in the middle of our neighborhood, on the major artery through P.G.A. West, and the location of the project moving closer to the road than the existing homes are now. 7) The rental pool will be a negative strike against the resale value of my home 8) I have no problem with this area being developed with single story family homes in keeping with the existing homes and neighborhoods already in P.G.A.West. 584 9) The taxpayers who have invested time and money into the quality of P.G.A. West request that the City of La Quinta respects and acknowledges their investment in the area and will uphold the integrity of the development for the future of La Quinta, and as the premier golf destination in the desert. Yours truly, Ric P. Moore 57-355 Peninsula Lane La Quinta, Ca. 92253 Phone:604-250-1304 5IS5 L4 GARAVENTA & ASSOCIATES. INC. AIaNUFa6rWR0.t' a4ME54eiRYIE4 77 Mark Drive S001 Saa fwael Ce6mmia 94663 419.479.2422 Fax 479.491.4622 Community Development Department La Quinta City Hall 78495 Calle Tampico La Quinta, CA 92253 Gentlemen: APR 2 3 2007 April 18, 2007 RE: PGA West Development 292 Unit Condominium Complex Lots 1 and L TR 29421 and Parcel 7 of Parcel Map20426 I am a homeowner of PGA West and I am writing to express my opposition to the above referenced proposed development. I am opposed to this project because the Plan is inconsistent with the existing Master Plan for PGA West. Specifically, I find the high density of this development objectionable, and the proposed height of 33.5 feet of many structures very imposing on the golf course and surrounding open space. I am not opposed to the development of this property, so long as it replicates the density, architectural design and general character of PGA West as it is today. Thank you for accepting my comments on this project. Very truly yours, Edward J. Garaventa 57090 Riviera La Quinta, CA 92253 yOR March 17, 2007 nn E City of La Quints APR B 0 2007 Community Development Department 78495 Call Tampico CITYOFIA W WTA camwmg vEiorMENT PA mp La Quinta, CA 92253 RE: General Plan Amendment 2006-107, Crowne Pointe Partners As a firll time resident of PGA West and golf member, I am objecting to the proposed project adjacent to the Stadium Clubhouse for the following reasons and woWdilh ":i,- ft' 6OW at the hearing 4/24/07 at 7:00 p.m.: • EXCESSIVE HEIGHT: THE PROJECT WOULD IMPACT SIGHTLINES FROM MANY NEIGHBORHOODS IN THE STADIUM AND WEISKOPF COMMUNITIES, BLOCKING MOUNTIAN VIEWS FROM MANY HOMES AND THE GOLF COURSE. THE PANORAMIC ASPECT WOULD BE DESTROYED • MULTI -STORY: WITH THE EXCEPTION OF LESS THAN 10 DWELLINGS AND A FEW OF TWO STORY CONDO BUILDINGS BUILT IN THE 1980'S, THE COMMUNITY IS SINGLE STORY DETACHED HOMES • DENSITY: PGA WEST HAS BEEN DEVEOLPED INTO A SINGLE FAMILY, DETACHED COMMUNITY SINCE KSL ACQUIRED IT • TRAFFIC: THE IDEA THAT WE WILL EXPERINCE LESS TRAFFIC THAN THE ORGINAL HOTEL CONCEPT IS MISLEADING. KSL TOLD ALL MOST HOMEBUYERS A HOTEL WOULD NEVER BE BUILT. IT IS MY UNDERSTANDING THAT THE PURCHASE DOCUMENTS PREVENT THE CURRENT OWNERS FROM BUILDING A HOTEL IF THEY CLAIM THAT THE PROJECT PART OF PGA WEST THE BUYERS THERE SHOULD NOT BE ABLE TO ACQUIRE RESIDENT GOLF MEMBERSHIPS I SUGGEST THAT CITY EMPLOYEES AND ELECTED OFFICIALS SHOULD NOT BE SO CRASS AS TO SEVERLY IMPACT THE CHARACTER OF PGA WEST IN ORDER TO HARVEST BED TAXES FROM A PROJECT THAT STARTED LIFE AS A CONDO-TEL (AND MAY END UP BEING ONE WHEN COMPLETED!) Charles Gauthier 54-799 Riviera La Quinta, CA 92253 587 March 29, 2007 Mayor Don Adolph City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Subject: Eden Rock Development Dear Mr. Adolph, � 0 E, APR - 9 2007 UiYUF teQUWTA COMM(D6PADEVELOPMENT DEPARTMENT Being a resident in the PGA West Legends community and a concerned citizen for the overall well fare of the PGA WEST area and for the city of La Quinta, I am writing to you to express my interest and approval for the proposed development of Eden Rock. Upon reviewing the Eden rock website overview, www.edenrockhoa.com, this newly proposed development that consists of manor and courtyard homes as well as village condominiums, would greatly enhance our community and bring a new look to the PGA West development. I have spoken with some other residents in the area and they are also in favor of such a development project. Some have even expressed that anything would be an improvement over the abandoned vacant parcel of land that has been an eye sore for years. Again, let me express my support in favor of for this proposed project as well as thank you for your consideration regarding this issue and for your service to our community. Regards, Steve Sepersk" y� 81400 Golf View Drive, La Quinta, CA 92253 4. 583 Ph (760) 771-4449 Gerard E. Moloughney 57-450 Black Diamond La Quinta, CA 92253 March 27, 2007 Mr. Paul Quill City of La Quinta 78495 Cane Tampico La Quinta, CA 92253 Subject: Eden Rock Dear Mr. Quill W A few months ago I wrote to Mayor Adolph on the subject of Eden Rock and I wanted to share my up -dated views with you. I am on the PGA West Fairway's Association Board of Directors. I have served for three years and last year was re-elected for a four year term. I continue to have many conversations with homeowners within our association about the Eden Rock plans. In many cases the homeowners are not even aware of the project. And when explained they are unanimous in their positive opinion of the project if nothing more than to get rid of the "eye sore" in the middle of PGA West. Those that know of the project are very positive in their comments and all believe this to be an attractive addition to our community. Most homeowners want this "ugly" piece of property developed into a project that will be beneficial to both PGA West and the city of La Quinta. I realize that there is an opposition group but from my conversations the project gets overwhelming support. Unfortunately the majority of the homeowners are the "silent majority" and this is a shame. Because the Eden Rock project should be "approved" without interference. Based upon my conversations I think that this project should be approved by the city. VeI.M;on s Gery r i 589 March 22, 2007 Mr. Paul Quill Chairman, Planning Commission City of La Quinta 78495 Calle Tempico La Quinta, CA 92253 Dear Mr. Quill: RECEOME� APR -3 2007 CffY OF U 02A COAIMUNRYUEYELOPMENT DEPARTM I am writing as a property owner at PGA West in support of the EdenRock,project. I believe that the project is well thought out and tastefully designed and a vast improvement over the fenced wasteland that currently occupies that site. I believe it is the best interests of all PGA West property owners and members to have that land developed so that the PGA West complex can be completed and that a financially successful model can be implemented. Unless single family residences can be developed on that site, I believe that the currently proposed EdenRock project is the best alternative for PGA West. Furthermore, the EdenRock development is a far more satisfactory proposal than a hotel or other commercial use. Thank you for your consideration of this letter in your deliberations. Siner Thomas W. Rayerafi 57475 Seminole Drive La Quinta, CA 92253 599 LIAR 2 8 2007 March 24, 2007 Honorable Paul Quill Chairman, Planning Commission City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Dear Mayor Adolph, My wife and I are residents of PGA West in La Quinta and are writing in support of the proposed Eden Rock Resort in the center of the PGA West campus. This particular piece of property is currently an embarrassing eyesore to our community, and a constant source of dust for our surrounding homes. It is also adjacent to our non-member Nicklaus club house, and I'm sure does not make a very good impression on our many visitors to PGA West and the La Quinta community. I understand there is opposition to the development of this space, but the vast majority of homeowners to whom I have spoken would favor a quality development of this space. We would like to encourage your strong consideration of the Eden Rock proposal. Thank you for your consideration. Sincerely, C Michael & Carole Thomas 56645 Mpuntainview PGAWest La Quinta, CA 92253 591 March 24, 2007 Honorable Don Adolph Mayor City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Adolph, My wife and I are residents of PGA West in La Quinta and are writing in support of the proposed Eden Rock Resort in the center of the PGA West campus. This particular piece of property is currently an embarrassing eyesore to our community, and a constant source of dust for our surrounding homes. It is also adjacent to our non-member Nicklaus club house, and I'm sure does not make a very good impression on our many visitors to PGA West and the La Quinta community. I understand there is opposition to the development of this space, but the vast majority of homeowners to whom I have spoken would favor a quality development of this space. We would like to encourage your strong consideration of the Eden Rock proposal. Thank you for your consideration. Sincerely, Michael & Carole Thomas 56645 Mountainview PGAWest La Quinta, CA 92253 592 ATTACHMENT 17: RESPONSES RECEIVED TO 1 /08/08 PC HEARING NOTICE 593 Ce Wanda Wise -Latta From: ChuckG1943@aol.com nITJA�! Sent: Friday, December21, 2007 12:37 PM Cm To: City Managers Office Subject: Eden Roc ! J December 16, 2007 C(:t City of La Quinta Community Development Department 78495 Call Tampico La Quinta, CA 92253 RE: General Plan Amendment 2006-107, Crowne Pointe Partners As a full time resident of PGA West and golf member, I am objecting to thesubject proposed project adjacent to the Stadium Clubhouse for the following reasons and would like to be heard at the hearing 1/8/2008 at 7:00 p.m.: . MULTI -STORY: WITH THE EXCEPTION OF LESS THAN 20 STACK CONDO BUILDINGS IN THE PALMER SECTION AND A FEW OF TWO STORY CONDO BUILDINGS IN THE NICKLAUS PRIVATE COMMUNITY, BUILT IN THE 1980'S, THE COMMUNITY IS SINGLE STORY .DETACHED -HOMES DENSITY: PGA WEST HAS BEEN DEVEOLPED INTO A SINGLE FAMILY, DETACHED COMMUNITY SINCE KSL ACQUIRED IT. THIS _PROJECT -WOULD CHANGE THE CHARACTER OF OUR COMMUNITY . EXCESSIVE HEIGHT: THE PROJECT WOULD IMPACT SIGHTLINES FROM MANY NEIGHBORHOODS IN THE STADIUM AND WEISKOPF COMMUNITIES, BLOCKING MOUNTIAN VIEWS FROM MANY HOMES AND THE GOLF COURSE. THE PANORAMIC ASPECT WOULD BE DESTROYED . TRAFFIC: THE IDEA THAT WE WILL EXPERINCE LESS TRAFFIC THAN THE ORGINAL HOTEL CONCEPT IS MISLEADING. KSL_TOLD MANY HOMEBUYERS THAT A_HOTEL -WOULD -NEVER BE BUILT. IT IS MY UNDERSTANDING THAT THE PURCHASE DOCUMENTS PREVENT THE CURRENT OWNERS FROM BUILDING_A_ HOTEL IF THEY CLAIM THAT THE PROJECT IS NOT PART OF PGA WEST, THE BUYERS THERE SHOULD NOT BE ABLE TO ACQUIRE RESIDENT GOLF MEMBERSHIPS — WHICH IS NOT THE CASE. 1/2/2008 a .6, c vi . CITY EMPLOYEES AND ELECTED OFFICIALS SHOULD NOT BE SO CRASS AS TO SEVERLY IMPACT THE CHARACTER OF PGA WEST JUST TO HARVEST DEVELPOMENT FEES AND BED TAXES. Charles Gauthier 54-799 Riviera La Quinta, CA 92253 See AOL's top rated recipes and easy ways to stay in shape for winter. 1/2/2008 Fa6v l Ui I kAf Wanda Wise -Latta ce, From: Ric Moore [6cmoore99@shaw.ca] Sent: Saturday, December 22, 2007 9:00 AM CM / \ To: City Managers Office Subject: proposede development at eden roc Ca(etu - Please take this as my official displeasure of the above development as it stands today....) have been member of P.G.A. West and a tax payer for 7 years now and joined the La Quinta area and particularly our living area because of the feel of the neighbourhood and the lack of higher buildings intruding on the sites of the mountains and golf courses.... I have no issues with the development of the area in question but do not in any way wish to see a series of higher roof lines including a clock tower from my home...if development was to continue in keeping with the same density and visual appearence which which drew our families to the area i would not take issue with this building plan... yours very truly R P Moore 57-355 Peninsula Lane La Quinta 596 1 /2/2008 ft. Page I of 1 Wanda Wise -Latta From: Marvin Segal [marvsegal@msn.com] Sent: Friday, December21, 2007 1:17 PM To: City Managers Office Subject: Proposed Eden Rock Development Dear La Quinta City Council Members and Leaders — l:l/Ihml ew Pirtnitint'r'cl We are very sorry we will not be able to attend the Planning Commission hearing on January 8th regarding the proposed Eden Rock development. However, as long time La Quinta residents and PGA West home owners, we wish to add our thoughts to those of our neighbors who will be with you that evening. The ramifications of the security, density and appearance issues that have been brought to your attention are very significant. The development, as currently proposed, will forever change the character of our established community — and unfortunately, not for the better. We do not wish to stand in the way of meaningful progress, but do strongly believe this development should more gently meld in to and be consistent with our existing housing patterns. Please take the above into account when you make the decision that will affect thousands of your current constituents. Thank you. Marvin and Stefanie Segal 80769 Spanish Bay La Quinta 7601771-9108 597 1/2/2008 Page I of I Wanda Wise -Latta Cahul From: SPug0408@aol.com T114nC"I 4'i^ CAA Sent: Saturday, December 22, 2007 7:45 AM CAA DS To: City Managers Office - Subject: Eden Rock Developement - PGA West ��rrl A , ) We are opposed to the current plan as presented by the Eden Rock Development Company l..rw^ for development of the property on PGA West Blvd. We do not oppose developing the property if it is done in a manner consistent with the rest of the PGA West development. The density as proposed is way out of whack with the rest of this area and will have an undesirable impact on our lives and property values. In plain English, to many additional cars, traffic and people. The three story buildings, regardless how they are presented or described will still be way above anything here right now. If the planning commission has any interest in steering our community in the right direction, i.e., density and the environment, then do the right thing for the tax payers and residents of LaQuinta, Say no to the current plan and require lower density consistent with the rest of this area and keep the building height down and not to exceed what is here now. Concerned tax payers and full time residents of LaQuinta since 1987. Sal & Jeannine Puglisi •Yf1r3YYft4fftfYYf4alYR4ffYtty�RYGRk1tf;Y See AOL's top rated recipes (hftp://food.aol.com/top-rated-recipes? NC I D=aoltop00030000000004) 1 izi2ooa 591 W From: Dick Logan [jrlogan@mac.com] Sent: Friday, December 21, 2007 8:55 AM _ 1 To: City Managers Office �5 Subject: Eden rock I would hope that all decision makers make the effort to visit the site. While doi[ig s`, o please stand on the stadium putting green and observe the intended height of the buildings thing. (poles) and observe the view obstruction of the project. It is criminal to allow such a Dick Logan 79700 Northwood La Quinta, CA 92253 760/564-1811 1 591 Wanda Wise -Latta From: Dvcallahan@aol.com Sent: Friday, December 21, 2007 9:03 AM To: City Managers Office Subject: Eden Rock Page I of I T IgnplA� � , Ca w Don't let the developer for Eden Rock walk all over you and get his way for cheap/crowded houses in PGA West. Stand up to them, you can win, even though they will try all of the tricks.... Dan Callahan See AOL's top rated recipes and easy ways to stay in shape for winter- 600 I /2/2008 CC. Wanda Wise -Latta CAW From: Marvin Landon [mlandon@dc.rr.comj Sent: Friday, December 21, 2007 10:05 AM G To: City Managers Officeok Subject: Eden Rock Project at PGA West k0K /1)6 FVAASAI I oppose the Eden Rock project at PGA West that is under Council consideration. The project is too dense and too tall. Plain as that. t OA, The Council has already erred with their approval of the project located on the corner of Jefferson and 52nd. This project is completely inconsistent with its surroundings. The proposed Eden Rock project is an even bigger mismatch, with three story buildings proposed. To permit a builder/developer to destroy the existing PGA West architectural ambiance is not in the City's best interest. The builder/developer will make significant sums of money while depreciating the value of the surrounding real estate. Please do not approve this project as planned. Thank you for your understanding and considerations, Marvin M. Landon 54424 Tanglewood La Quinta, Ca 1 1 601 Wise -Latta From: Dick Logan Udogan@mac.com) MMtA91 Sent: Friday, December 21, 2007 8:55 AM To: City Managers Office CA Subject: Eden rock *09 05 J PUMM I would hope that all decision makers make the effort to visit the site. While doing s please stand on the stadium putting green and observe the intended height of the buildings (poles) and observe the view obstruction of the project. It is criminal to allow such a thing. Dick Logan 79700 Northwood La Quinta, CA 92253 760/564-1811 1 4 602 Wanda Wise -Latta From: SPug04O8@aol.com Sent: Saturday, December 22, 2007 7:45 AM To: City Managers Office Subject: Eden Rock Developement - PGA West rage 1 or 1 �.1 pC1b1� - - - -- ---------T-4061 CA p *VbS / C&*- ) We are opposed to the current plan as presented by the Eden Rock Development Company for development of the property on PGA West Blvd. We do not oppose developing the property if it is done in a manner consistent with the rest of the PGA West development. The density as proposed is way out of whack with the rest of this area and will have an undesirable impact on our lives and property values. In plain English; to many additional cars, traffic and people. The three story buildings, regardless how they are presented or described will still be way above anything here right now. If the planning commission has any interest in steering our community in the right direction, i.e., density and the environment, then do the right thing for the tax payers and residents of LaQuinta, Say no to the current plan and require lower density consistent with the rest of this area and keep the building height down and not to exceed what is here now. Concerned tax payers and full time residents of LaQuinta since 1987. Sal & Jeannine Puglisi See AOL's top rated recipes (http://food.aot.com/top-rated-recipes? NCI D=aoltop00030000000004) 603 1/2/200s rage r or i Wanda Wise -Latta From: Marvin Segal (marvsegal@msn.com] Sent: Friday, December 21, 2007 1:17 PM To: City Managers Office Subject: Proposed Eden Rock Development Dear La Quinta City Council Members and Leaders — We are very sorry we will not be able to attend the Planning Commission hearing on January Su' regarding the proposed Eden Rock development. However, as long time La Quinta residents and PGA West home owners, we wish to add our thoughts to those of our neighbors who will be with you that evening. The ramifications of the security, density and appearance issues that have been brought to your attention are very significant. The development, as currently proposed, will forever change the character of our established community — and unfortunately, not for the better. We do not wish to stand in the way of meaningful progress, but do strongly believe this development should more gently meld in to and be consistent with our existing housing patterns. Please take the above into account when you make the decision that will affect thousands of your current constituents. Thank you. Marvin and Stefanie Segal 80769 Spanish Bay La Quinta 760/771-9108 6Ot 1 /2/2008 Wanda Wise -Latta From: ChuckG1943@ao1.com Sent: Friday, December 21, 2007 12:37 PM To: City Managers Office Subject: Eden Roc December 16, 2007 City of La Quinta Community Development Department 79495 Call Tampico La Quinta, CA 92253 RE: General Plan Amendment 2006-107, Crowne Pointe Partners rage'r _of' ,tom/ lJe CM CC(NIL As a full time resident of PGA West and golf member, I am objecting to thesubject proposed project adjacent to the Stadium Clubhouse for the following reasons and would like to be heard at the hearing 1/8/2008 at 7:00 p.m.: MULTI -STORY: WITH THE EXCEPTION OF LESS THAN 20 STACK CONDO BUILDINGS IN THE PALMER SECTION AND A FEW OF TWO STORY CONDO BUILDINGS IN THE NICKLAUS PRIVATE COMMUNITY, BUILT IN THE 1980'S, THE COMMUNITY IS_SINGLE -STORY_DETACHED HOMES DENSITY: PGA WEST HAS BEEN DEVEOLPED INTO A SINGLE FAMILY, DETACHED COMMUNITY SINCE KSL ACQUIRED IT. THIS PROJECT WOULD_ CHANGE THE CHARACTER OF OUR COMMUNITY . EXCESSIVE HEIGHT: THE PROJECT WOULD IMPACT SIGHTLINES FROM MANY NEIGHBORHOODS IN THE STADIUM AND WEISKOPF COMMUNITIES, BLOCKING MOUNTIAN VIEWS FROM MANY HOMES AND THE GOLF COURSE. THE PANORAMIC ASPECT WOULD BE DESTROYED . TRAFFIC: THE IDEA THAT WE WILL EXPERINCE LESS TRAFFIC THAN THE ORGINAL HOTEL CONCEPT IS MISLEADING. KSL TOLD MANY HOMEBUYERS THAT A HOTEL WOULD NEVER BE BUILT. IT IS MY UNDERSTANDING THAT THE PURCHASE_ DOCUMENTS PREVENT THE CURRENT OWNERS FROM BUILDING -A HOTEL 1F THEY CLAIM THAT THE PROJECT IS NOT PART OF PGA WEST, THE BUYERS THERE SHOULD NOT BE ABLE TO ACQUIRE RESIDENT GOLF MEMBERSHIPS — WHICH IS NOT THE CASE. 605 1 /2/20D8 i ur"c v. c CITY EMPLOYEES AND ELECTED OFFICIALS SHOULD NOT BE SO CRASS AS TO SEVERLY IMPACT THE CHARACTER OF PGA WEST JUST TO HARVEST DEVELPOMENT FEES AND BED TAXES. Charles Gauthier 54-799 Riviera La Quinta, CA 92253 See AOL's top rated recipes and easy ways to stay in shape for winter. 606 1 /2/2008 ragc r yr I Wanda Wise -Latta From: Ric Moore f dcmoore99@shaw.cal Sent: Saturday, December 22, 2007 9:00 AM To: City Managers Office Subject: proposede development at eden roc t W K40 Cen v ICJ Gs(e&_ Please take this as my official displeasure of the above development as it stands today .... I have been member of P.G.A. West and a tax payer for 7 years now and joined the La Quinta area and particularly our living area because of the feel of the neighbourhood and the lack of higher buildings intruding on the sites of the mountains and golf courses.... I have no issues with the development of the area in question but do not in any way wish to see a series of higher roof lines including a clock tower from my home ... if development was to continue in keeping with the same density and visual appearence which which drew our families to the area i would not take issue with this building plan... yours very truly R P Moore 57-355 Peninsula Lane La Quinta t /2/2008 Wanda Wise -Latta CAW From: Marvin Landon [mlandon@dc.rr.comj C�MIN. Sent: Friday, December 21, 2007 10:05 AM 7 To: City Managers Office A A. Subject: Eden Rock Project at PGA West P( / I oppose the Eden Rock IaI6j6AJ project at PGA West that is under council consideration. The project is too dense and too tall. Plain as that. A �/' w, I�CJ�WIV The Council has already erred with their approval of the project located on the corner of Jefferson and 52nd. This project is completely inconsistent with its surroundings_ The proposed Eden Rock project is an even bigger mismatch, with three story buildings proposed. To permit a builder/developer to destroy the existing PGA west architectural ambiance is not in the City's best interest. The builder/developer will make significant sums of money while depreciating the value of the surrounding real estate. Please do not approve this project as planned. Thank you for your understanding and considerations, Marvin M. Landon 54424 Tanglewood La Quinta, Ca 60S 1 Wanda Wise -Latta From: Dvcallahan@aol.com Sent: Friday, December 21, 2007 9:03 AM To: City Managers Office Subject: Eden Rock Don't let the developer for Eden Rock walk all over you and get his way for cheap/crowded houses in PGA West. Stand up to them, you can win, even though they will try all of the tricks.... Dan Callahan _ -- See AOL's top rated recipes and easy ways to stay in shape for winter. 4 MJ l 1/2/2000 57221 Medinah La Quinta, Ca 92253 Friday, December 21, 2007 City of La Quinta Planning Commission 78495 Calle Tampico La Quinta, California 92253 Re: General Plan Amendment 2006-107; Zone Change 2006-127 Specific Plan 83-002 Crowne Pointe Partners, LLC Dear Sirs: DEC 2 7 2007 CRY of LA QUIMM 1 am a resident of PGA West at the address above. I am concemed about the increased traffic pressure on PGA West Boulevard if this project is approved. This street is already very busy, and I am concerned about public safety it additional vehicles are using the roadway. I also find the multi -story development proposed to be inconsistent with the existing homes at PGA West. Please reconsider your approval of this project. Sincerely, ohi 760-771-0621 610 Department La Quinta City Hall 78495 Calle Tampico La Quinta, CA. 92253 DEC 2 7 2007 CITY OF LA OUINTA DEC 2' - CITY OF L A QUfv -, Re: Crowne Pointe Partners, LLC.'s General Plan Amendment 2006-107, et., al. Dear Planning Department: My wife, Janet, and I have been residents of PGA West for the past 12 years and currently reside at 80-707 Cherry Hills, La Quinta. This letter states our objection to the above proposed project (herein "project"). PGA West is a unique community composed almost entirely of one story free standing and condominium residential units. The project radically alters the 15+ years of compatible building that has characterized PGA West in it's unique setting. Two and three story units, with the compacted density they would create, are completely out of character with the PGA West historical setting. 292 units on this compressed area would be a stigma to the otherwise historical composition of PGA West. One need only view the 2 and 3 story complex located at Jefferson and 52nd to visualize the out of character appearance of the project situated in the very heart of PGA West. The additional traffic, noise and impairment of view are only a few of the many objections to this project. Certainly the developer can realize a fair profit by building a less dense, one story residential project that would remain within the parameters of PGA West as it historically has been built. Very Truly Yours, PAUL O. LAMPHERE A 611 Sincerely, 1l ( Q �s�1az0. Richard P. Leonard Jodi A Beshara 55-360 Laurel Valley La Quinta, CA 92253 Mailing Address: 9825 Five Oaks Road Fairfax, VA 22031 612 December 16, 2007 City of La Quinta Planning Commission La Quinta City Hall 78495 Calle Tampico, La Quinta, CA 92247 RE: General Plan Amendment 2006-107 Zone change 2006-127 Applicant: Crowne Point Partners, LLC Dear Sirs, DEC 2 6 - 4moFtA ANNIu.�..�MTH We are opt to this request for a zoning change, from commercial to residential. This will be the second change ( that we are aware of) PGA West has made to the original plans for this site. In the original plans there was to be commercial area at the comer of PGA Blvd. and 54'h street. This was changed to residential in 2005(?) Now, there is a proposal to take One more area and change from commercial to residential, adding additional 292, homes to an area that is already very dense. Our objections are three fold: I . At the present, no grocery store, pharmacy or other convenient stores are located within, PGA West. In order, to buy milk, bread, newspaper or any other items it is necessary to drive almost ten miles round trip. Not very ecological friendly. 2. Adding 297, additional homes, will put additional burden on Jefferson Ave. Coupled with the additional traffic that will result from proposed Hotel and commercial development planned by City of La Quinta, for SilverRock, which will front on Jefferson. 3. Finally, PGA West and their master Associations, have shown that they cannot keep up with the current density, by constantly cutting back on services and/or continued increases in association fees. If this proposal is to be approved, it seems it would be more prudent to add some convince stores and reduce the density. In truth, maybe some green space would be A better solution for everybody. 613 JEd and 1�ozotfiyNitt o 2801 Baoadwatf cStmd clan gaanc sw, el::# 94115 a o f o Z (415) 563-8809 C , fax (415) 292-5293 N S U 0 pp > ed (415) 218-0370 O� 0; U; 17 December 2007 Planning Department_ City of La Quinta La Quinta City Hall 78495 Calle Tampico La Quinta, CA 92253 Re: Public Hearing 1/8/08 7 P.M. Request for General Plan Amendment, Zone Change, et_, al. Requesting approvals for two and three story units Lot K and Portion of Lot. 1 TR 29421; and Portion of Parcel 7, Parcel Map 20426 Gentlemen: Thank you for the opportunity to write prior to the Public Hearing with regard to specific plan amendments regarding property adjacent_ to the Stadium Course where I have a home. The City of La Quinta "Gem of the Desert_" has been kept pristine by careful planning and the vigilant efforts of the Planning Department. The Planning Department is now charged with a controversial decision - to allow two and three story structures adjacent to the lovely PGA West golf community. Please use caution when amending a plan allowing our "Gem of the Desert_" to embark upon high density and multiple story structures. What makes La Quinta a "Gem" is the beautiful rolling hills, impressive mountains, and the feeling of the Desert ambiance. Multiple stories and high density construction would impact_ negatively and should be denied based upon the adverse effects on the enviornment. Thank you for your care of our "Gem" La Quinta. Very truly yours, Dorothy Kitt 6?4 December 19, 2007 GENERAL PLAN AMENDMENT 2006-107 ZONE CHANGE 2006-107 SPECIFIC PLAN 83-002, AMENDMENT #6 TENTATIVE TRACT 33226 SITE DEVELOPMENT PERMIT 2006-852 DEVELOPMENT AGREEMENT 2006-011 APPLICANT: CROWNE POINTE PARTNERS, LLC COMMISSIONERS, As a homeowner in PGA West, I object to this zone change request. The scope of the proposed project is inconsistent with building project within the grounds_ The project would be the only multiple story construction completed within the past 10+ years. The current two story buildings lie within the confines of a small area on one of six golf courses and was constructed prior to a majority of the development. -This proposal alters the feel of the neighborhood and grossly exceeds the height of adjacent single family buildings. -The area was not designed for the proposed construction and the variances should not be granted- -The streets are not designed for the traffic. -The set -backs and building heights are inconsistent with existing construction- -The construction with resulting hardscapes will impact the run off and water quality. I see no benefit to the community by allowing a variance that alters the complexion of a well developed and mature master plan_ Bob Hoffmann 57845 Black Diamond La Quinta, CA 92253 DEC 21 2007 C,,,, of LA oUt�trA T 615 uwuf DEPARTMENT Mr. Wallace Nesbit Planning Commission La Quinta City Hall 78495 Calle Tampico La Quinta, CA 92253 Dear Mr. Nesbit: 80690 Weiskopf La Quinta, CA 92253 December 18, 2007 received DEC 19 2007 My wife and I wish to express our dismay that Crowne Pointe Partners intends to develop the site at PGA West, formerly known as Eden Rock, in a manner totally unsuitable to the existing community. The inclusion of 128 three story condominiums, much less the164 units of two story units in this project would radically alter our community of some 3,000 single story homes. This proposed 292 unit project would be a most unwelcome addition to the city of La Quinta. Any project at this site should be restricted to single story units. Michael Herman Respectfully yours, Nancy Herman 616 received December 16, 2007 DEC 19 2007 City of La Quinta CHY of La Qwnta Community Development Department %k"ni`g Depa me"d 78495 Call Tampico La Quinta, CA 92253 RE: General Plan Amendment 2006-107, Crowne Pointe Partners As a full time resident of PGA West and golf member, I am objecting to thesubject proposed project adjacent to the Stadium Clubhouse for the following reasons and would like to be heard at the hearing 1/8/2008 at 7-00 p.m: • MULTI -STORY: WITH THE EXCEPTION OF LESS THAN 20 STACK CONDO BUILDINGS IN THE PALMER SECTION AND A FEW OF TWO STORY CONDO BUILDINGS IN THE NICKLAUS PRIVATE COMMUNITY, BUILT IN THE 1980'S, THE COMMUNITY IS SINGLE STORY DETACHED HOMES • DENSITY: PGA WEST HAS BEEN DEVEOLPED INTO A SINGLE FAMILY, DETACHED COMMUNITY SINCE KSL ACQUIRED IT. THIS PROJECT WOULD CHANGE THE CHARACTER OF OUR COMMUNITY • EXCESSIVE HEIGHT: THE PROJECT WOULD IMPACT SIGHTLINES FROM MANY NEIGHBORHOODS IN THE STADIUM AND WEISKOPF COMMUNITIES, BLOCKING MOUNTIAN VIEWS FROM MANY HOMES AND THE GOLF COURSE. THE PANORAMIC ASPECT WOULD BE TRAFFIC: THE IDEA THAT WE WILL EXPERINCE LESS TRAFFIC THAN THE ORGINAL HOTEL CONCEPT IS MISLEADING. KSL TOLD MANY HOMEBUYERS THAT A HOTEL WOULD NEVER BE BUILT. IT IS MY UNDERSTANDING THAT THE PURCHASE DOCUMENTS PREVENT THE CURRENT OWNERS FROM BUILDING A HOTEL IF THEY CLAIM THAT THE PROJECT IS NOT PART OF PGA WEST, THE BUYERS THERE SHOULD NOT BE ABLE TO ACQUIRE RESIDENT GOLF MEMBERSHIPS — WHICH IS NOT THE CASE. CITY EMPLOYEES AND ELECTED OFFICIALS SHOULD NOT BE SO CRASS AS TO SEVERLY IMPACT THE CHARACTER OF PGA WEST JUST TO HARVEST DEVELPOMENT FEES AND BED TAXES. Charles Gauthier 54-799 Riviera La Quinta, CA 92253 617 C/TY OF LA QUINTA PLANNING COMMISSION OFog NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta Planning Commission will hold a PUBLIC HEARING on JANUARY 8, 2008, at 7:00 p.m. in the La Quinta City Hall Counca Chambers, 78495 Calle Tampico, La Quinta, California on the following item(s): ITEM: GENERAL PLAN AMENDMENT 2006-107 ZONE CHANGE 2006-127 SPECIFIC PLAN 83-002, AMENDMENT 116 1 TENTATIVE TRACT 33226 e SITE DEVELOPMENT PERMIT 2006-852 1 DEVELOPMENT AGREEMENT 2006-011 MJEC .s APPLICANT: CROWNE POINTE PARTNERS, LLC. SSE .o`er LOCATION: WITHIN THE ORIGINAL PGA WEST SPECIFIC e @ PLAN AREA, BOUNDED BY PGA BOULEVARD, THE ARNOLD PALMER PRIVATE CLUBHOUSE, THE PGA WEST TENNIS CLUB AND SINGLE- FAMILY, RESIDENTIAL USES TO THE SOUTH VK4M AND WEST, THE PGA STADIUM COURSE AND MAP �T.s CLUBHOUSE, AND SINGLE-FAMILY RESIDENTIAL USES, TO THE NORTH AND EAST REQUEST: A GENERAL PLAN AMENDMENT, ZONE CHANGE, SPECIFIC PLAN AMENDMENT, TENTATIVE MAP, SITE DEVELOPMENT PERMIT, AND DEVELOPMENT AGREEMENT APPROVALS FOR DEVELOPMENT STANDARDS TO ALLOW A 292-UNIT CONDOMINIUM PROJECT, COMPRISED OF ONE, TWO AND THREE STORY UNITS OF UP TO 33 FEET IN HEIGHT, WITH A CENTRAL RECREATION BUILDING, AND CLOCKTOWER FEATURE PROPOSED AT 43.5 FEET IN HEIGHT LEGAL: LOT K AND PORTION OF LOT 1, TR 29421; AND PORTION OF PARCEL 7, PARCEL MAP 20426 The project proposal includes a General Plan Amendment, from Tourist Commercial to Resort Mixed Use, and Zone Change to add a Residential Specific Plan overlay designation (RSP) to the existing Tourist Commercial zoning for the site. The proposed project also requires approval of a �`vv ji-l-vin rvluu unl, wmcn is mtenoeu to imp emen a un ing m arnsm ensuring paymentto the City of_ certain fees to financially offset the conversion of the original hotel/resort site to residential, based on -the proposed project transition from hotel/commercial resort uses to a higher density residential use. The project land use designations are intended to implement developmeljt of a 292-unit residential condominium complex, with on -site active and passive recreation amenities, including a community recreation complex. There are three (3) unit types proposed, consisting of: 83 one and two-story duplex units (Courtyard Homes) at up to 25 feet in height, located along the 613 east and north sides of PGA Boulevard; 81 one and two-story triplex units (Manor Homes) at up to 28 feet in height, located along the north side of the site adjacent to the PGA Stadium Course; and 128 one, _two and three-story condominium units, in eight buildings of 16 units each building_ (Village Homes); up to34 feet in height. The recreation complex contains a 7;122 square foot. clubhouse at 25. feet in height (Garden House) with a 2,240 square foot'common area; community pool, and incorporating a 43-foot high clock -tower. The La Quinta Planning Department has completed a Draft Subsequent Environmental Impact Report (SCH #2007061056), and determined the proposed project does have potential for significant adverse effects on the environment; however, these effects can be reduced to insignificant levels, with the incorporation of recommended mitigation measures. The La Quinta Planning Commission will consider a recommendation on certification of the Draft Environmental Impact Report, along with the proposed project applications, at the Hearing. Any person may submit written comments on this case to the Planning Department prior to the Hearing and/or may appear and be heard in support of or opposition to the project at the time of the Hearing. If you challenge the decision on this case in court, you may be limited to raising only those issues that you or someone else raised either at the Public Hearing or in written correspondimce delivered to the Planning Department at, or prior to, the Public Hearing. The project file(s) may be viewed by the public Monday through Friday 8:00 a.m. until 5:00 p.m. at the Planning Departmpnt, La Quinta City Hall, 78495 Calle Tampico, La Quinta, California. , , The public comment period starts from the published date of this notice, and continues through the Planning Commission Public Hearing to be held JANUARY 8, -2008. For additional information regarding this project please contact Wallace Nesbit, Principal Planner, at (760) 777-7125.. a In the City's efforts to comply with the requirements of Title 11 of the Americans With Disa_ bifties Act Of 1990, the Planning Department requires that any person in need of any type of spi�bial equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the Planning Department (760-777-7125) a minimum of 72 hours prior to the scheduled meeting. PUBLISH ONCE ON DECEMBER 15, 2007 received DEC 19 2007 City of La Quinta Hanrft Dep++ 619 Wanda Wise -Latta Page t of t _ / lJ�� 'r� tY CJA I From: DumbDomer@aol.com Sent: Thursday, January 03, 2008 12:05 PM To: City Managers Office; Planning WebMail; quill@earthlink.net; Robertww55@aol.com; signs@impedalsignco.com; kate.cnb@verizon.netId ��T�rl�_ �� G Cc: Edeames.cox@verizon.net "�1 Subject: Eden Rock Development AA I To all members of the City Council and Planning Commission: We are long time members of PGAWest (1987), and through the years have seen many changes, both good and bad, and many owners come and go. The property that Eden Rock wants to develop is, and has been for a long time, an eyesore. The barren land is hidden from view by a chain link fence with tattered cloth hanging in pieces, and in general it looks like a dump, for lack of a better description. To make matters worse, it sits directly across the entrance to our private club house. We are not opposed to this property being developed. Something has to be built on that parcel. What we are opposed to, is the density factor and the 3-story units (33 feet high) that the builder is proposing, and the 43 foot high clock tower. We would like the builders to comply with PGA Wests current building code theme, and jammed -in units and 3-story units are not part of the code. We plan to be in attendance at the Planning Commission hearing on January 8 along with a good many other concerned PGA West homeowners who want to protect and maintain our property values. Sincerely, Jim and Charlie Donnelly 56348 Pebble Beach (Stadium Course) Start the year off right. Easy_ways to stay in shape in the new year. JAN - 4 2008 MY OF LA OUiKrA t/3/2008 620 Wanda Wise -Latta From: Dan Rendino [danrendino@dc.rr.com) Sent: Wednesday, January 02, 2008 6:05 PM To: City Managers Office CC; ('clw►ut t I,�/b5 Subject: Eden Rock Development p^^ u^�A44A 1 see where there is a scheduled meetingfor the Eden Rock Development at PGA West next week 1 pl2f>Y` ew to attend and voice my thoughts that this development is a monstrosity and would hope that you would oppose the development of it. Dan Rendino 760.880.3275 JAN - 4 2008 CrrytHmu F LA IXrA 621 1/3/2008 ATTACHMENT 17 : RESPONSES RECEIVED TO 2/19/08 CC HEARING NOTICE 622 Page I of I Wanda Wise -Latta From: Scott Kaufman [swkaufmanl @yahoo.com] Sent: Tuesday, January 22, 2008 2:18 PM To: City Managers Office Subject: Eden Rock Development Dear Sirs: Unfortunately, we will not be able to attend the February 19th meeting. cc cam) We object to the plan in its present form. We believe the compromises requested by our homeowners would allow the development to be completed and the developer to make a profit. Whafs the real issue here? Could it be the amount of money the City will make under the present plan, and related developer concessions to the City, versus a compromise? We understand the present zoning is for a hotel. It seems highly unlikely the City would ever approve such a development given that it would be in direct competitions with the plans for Silver Rock. Our elected officials and City government should represent the people. It seems likely the majority of the City residents would agree with the compromises requested. Do the appropriate thing. Thank you, Scott and Kathy Kaufman Never miss a thing. Make Yahoo your yahoo our homepage. JAN 2 4 tom CITY OF LA OUINTA 623 received JAN 14 2007 Wallace Nesbit Principal Planner City of La Quinta Planning Department 78495 Calle Tampico La Quinta, CA 92253 Subject: Eden Rock Development Plan Dear Mr. Nesbit, We are full time residents at PGA West residing at 57435 Seminole Drive, La Quinta. We selected PGA West because of the relative peace and quiet that this area offered. This does not mean we are opposed to development but we have reservations about the above mentioned project for the following reasons: 1. It is high density relative to the rest of PGA West. 2. The height of the buildings is not in keeping with the rest of the residences in the area and will impact sightlines. Having a clock tower will exacerbate the effect: 3. If short term renters (less than 30 days) are allowed it will create a scenario that will encourage encroachment onto the private golf courses and other facilities at PGA West. 4. Finally, we feel that for the above reasons property values will decrease. Instead of high rises we feel that lower profile and lower density patio homes would be more appropriate. Thank -you for your consideration in this matter. Cordially, K�y Neigenfind 7emoNetg�d W. V. Lyle Neigenfind 57435 Seminole Dr. La Quinta CA 92253-8797 624 Page 1 of 1 CC : QiQ,(,ao✓ Wanda Wise -Latta CAA From: SPug04O8@aol.com Sent: Friday, January 11, 2008 3:34 AM To: Wanda Wise-Latta(,�� Subject: Re: Eden Rock Developement - PGA West Hello Wanda. I feel compelled to send a message to the city council once again. I attended the Planning Commission meeting Tuesday evening the 8th along with lots of concerned La Quinta citizens over the planned Eden Rock Development. I must say I left that meeting quite disappointed and concerned for the future of our community. The reckless way in which the planning commission has taken this community in the past several years is far from the direction many of us had hoped. Progress and city growth are inevitable in the eyes of some, however transcending from a very quaint up scale community to a cluttered mess is not in the best interest of the community. The development of the property on opposite conners at the round about at 52nd and Jefferson is over crowded and congested as is the property south of PGA West on Madison. These properties are one step above a project housing development and one step away from a potential Ghetto. This may seem to be a little harsh, but look around LaQuinta, i.e., before the planning commission and city council went wild. We were a nice quite diverse community, with the cove communities and the gated communities, in balance. Instead, we are becoming a jungle. What I gathered at this meeting was, for the city and its elected officials, it is all about the money. I have to question the leadership and wisdom of recent city decisions. For one, Silver Rock. Someone's flawed vision to generate revenues or ego trip, take your pick. This has cost the taxpayer millions and is not over yet. Hwy 111, great for tax revenue but plagued with traffic problems and an unsightly concrete jungle. Yes, we needed retail, but not wall to wall. Now, the latest, we are going to bring the Hwy 111 jungle right into our communities, visa vi, the two existing over crowded projects at the round about and Madison, (for the lack of a better description,) and soon to be Eden rock. A resident since 1986 Sal & Jeannine Puglisi JAN 14 2008 CnY OF LA QUINTA Start the year off right. Easy ways to stay in shape. http://body.aol.com/fitness/winter-exercise?NCI D=aolemp00300000002489 625 1 !1 1 /1M1R ( Page t of 1 Wanda Wise -Latta From: Bob Heller [rbheller@earthlink.net] Sent: Tuesday, January 08, 2008 5:06 PM To: City Managers Office Subject: Conflict of Interest - Eden Rock Folks When I purchased my home at 80558 Hermitage I was advised and confirmed through independent research that residential unit 3 was zoned for single family homes. Several years later the builder for Eden Rock requested a variance from the Board of Directors of Residential Unit 3. At that time the Board of Directors consisted of Larry Lichtener(partner of KSL), Jim Oliver (Manager of PGA West and an employee of KSL), and Barbara Marsch (attorney for KSL). These individuals voted in favor of the Eden Rods variance for high density housing as they represented the majority on the Board of Directors. KSL was the seller of the property to Eden Rock and voted to provide the variance which is a major conflict of interest as it increased the value of their property at the expense of the homeowners of residential unit 3. Bob Heller JAN 14 2008 OnY of u Page 1 of 1 Wanda Wise -Latta From: John [John@interseafisheries.com] Sent: Wednesday, January 23, 2008 12:50 PM To: City Managers Office Subject: Eden Rock Development Adk/10-3 ca PtJ "Inl 5 Dear Sirs, CCttA, I own a home at PGA West, 57221 Medinah, La Quinta, Ca 94403. 1 will not be able to attend the meeting on February 19t' to discuss this potential development, so want to express my opinion via email. I am concerned about the increased traffic on PGA West Boulevard if this intensive development were to occur. I feel that the excess density of 2 and 3 story condominiums is not appropriate for PGA West or consistent with the existing homes. I am also concerned about public safety issues as population density increases, and the related issues from short -time tenants in the proposed condos. Please consider a "scaled down" version of this development which would be an asset, not a liability, to the surrounding community and homeowners. Thank you for your consideration. Regards, John Martin John Martin A 206-185-5630 F.106-183-7617 „• I n tersm R a T T f f www.interseqfisheries.com JAN 2 5 i CITY OF LA OUINTA b27 Iql M AQ 04 �� CITY OF LA QUINTA eP z CITY COUNCIL�c: j, ( NOTICE OF PUBLIC HEARING Of JAN2�._: NOTICE IS HEREBY GIVEN that the city of La Quinta City Council will hold a Public Hearing has been scheduled for FEBRUARY 19, 2008, AT 7:00 P.M. in the La Quinta City Hall Council Chambers, 78495 Calle Tampico, La Quinta, California on the following item(s): ITEM: FINAL SUBSEQUENT EIR (SCH #20070610561 GENERAL PLAN AMENDMENT 2006-107 ZONE CHANGE 2006-127 SPECIFIC PLAN 83-002, AMENDMENT N6 TENTATIVE TRACT 33226 SITE DEVELOPMENT PERMIT 2006-852 DEVELOPMENT AGREEMENT 2006-01 1 APPLICANT: CROWNE POINTE PARTNERS, LLC. LOCATION: WITHIN THE ORIGINAL PGA WEST SPECIFIC PLAN AREA, BOUNDED BY PGA BOULEVARD, THE ARNOLD PALMER PRIVATE CLUBHOUSE, THE PGA WEST TENNIS CLUB AND SINGLE-FAMILY RESIDENTIAL USES TO THE SOUTH AND WEST, THE PGA STADIUM COURSE AND CLUBHOUSE, AND SINGLE-FAMILY RESIDENTIAL USES, TO THE NORTH AND EAST REQUEST: A GENERAL PLAN AMENDMENT, ZONE CHANGE, SPECIFIC PLAN Q AMENDMENT, TENTATIVE MAP, SITE DEVELOPMENT PERMIT, AND DEVELOPMENT AGREEMENT APPROVALS FOR DEVELOPMENT o a STANDARDS TO ALLOW A 290-UNIT (REVISED FROM 292) CONDOMINIUM o' PROJECT, COMPRISED OF ONE, TWO AND THREE STORY UNITS OF UP TO g 33 FEET IN HEIGHT, WITH A CENTRAL RECREATION BUILDING, AND z U. c CLOCKTOWER FEATURE PROPOSED AT 43.5 FEET IN HEIGHT a 0 _EGAL LOT K AND PORTION OF LOT 1, TR 29421; AND ( S 1 PORTION OF PARCEL 7, PARCEL MAP 20426 Ube project proposal includes a General Plan Amendment, from Tourist Commercial to Resort Mixed Jse, and Zone Change to add a Residential Specific Plan overlay designation (RSP) to the existing fourist Commercial zoning for the site. The proposed project also requires approval of a )evelopment Agreement, which is intended to implement a funding mechanism ensuring payment to he City of certain fees to financially offset the conversion of the original hotel/resort site to, 6 2 n esidential, based on the proposed project transition from hotellcommercial resort uses to a higher v lensity residential use. The project land use designations are intended to implement development of i 290-unit (revised from 292) residential condominium complex, with on -site active and passive ecreation amenities, including a community recreation complex. There are three (3) unit -types ioposed, consisting of: 83 one and two-story duplex units (Courtyard Homes) at up to 25 feet in Height, located along the east and north sides of PGA Boulevard; 79 (revised from 81) one and two- :tory triplex units (Manor Homes) at up to 28 feet in height, located along the north side of the site adjacent to the PGA Stadium Course; and 128 one, two and three-story condominium units, in eight Buildings of 16 units each building (Village Homes), up to 33.5 feet in height. The recreation :omplex contains a 7,122 s.f. clubhouse at 25 feet in height (Garden House) with a 2,240 s.f. :ommon area, community pool, and incorporating a 43.5-foot high clock tower. -he La Quinta Planning Department has completed a Final Subsequent Environmental Impact Report Final SEIR; SCH #2007061056), pursuant to the provisions or the California Environmental Quality kct (PRC 21000 et. Seq.); which determined that the proposed project does have potential for :ignificant impacts on the environment. While most of these impacts can be reduced to insignificant avels with the incorporation of recommended mitigation measures, significant cumulative traffic -npacts were identified which cannot be fully mitigated below significance. Therefore, the La Quinta ;ity Council will consider Findings and a Statement of Overriding Considerations (SOC) as part of :ertification of the Final SEIR, along with the Planning Commission recommendation on the proposed project applications, at the Hearing_ kny person may submit written comments on this case to the Planning Department prior to the fearing and/or may appear and be heard in support of or opposition to the project at the time of the fearing. If you challenge the decision on this case in court, you may be limited to raising only those ssues that you or someone else raised either at the Public Hearing or in written correspondence lelivered to the Planning Department at, or prior to, the Public Hearing. The project file(s), along vith the Draft may be viewed by the public Monday through Friday 8:00 a.m. until 5:00 p.m. at the 'tanning Department, La Quinta City Hall, 78495 Calle Tampico, La Quinta, California. the public comment period starts from the published date of this notice, and continues through the :ity Council Public Hearing to be held FEBRUARY 19, 2008. For additional information regarding his project please contact Wallace Nesbit, Principal Planner, at (7601 777-7125. n the City's efforts to comply with the requirements of Title It of the Americans With Disabilities yct Of 1990, the Planning Department requires that any person in need of any type of special squipment, assistance or accommodation(s) in order to communicate at a City public meeting, must nform the Planning Department (760-777-7125) a minimum of 72 hours prior to the scheduled neeting. ,UBLISH ONCE ON . 2008 6 6?9 Page 1 of 2 Cc. �� Wanda Wise -Latta From: Harvey Englander [harvey@englanderpr.coml A J Sent: Sunday, January 27, 2008 6:37 PM To: City Managers Office / Cc: Jim & Kim Subject: Letter to Counalmembers re: Crown Pointe Partners project at PGA West Please distribute the following letter to the City Council and all other appropriate parties. Thank You. ,4 W eor6:�1a" JO 2 9 ZO �a Qalnta, > of 9225J 760.771.6517 Cn'y of LA QUINTA January 27, 2008 Mayor Don Adolph Mayor Pro Tem Lee Osborne Councilmember Stanley Sniff Councilmember Terry Henderson Councilmember Tom Kirk RE: Crowne Pointe Partners, LLC Honorable Mayor and Councilmembers: I have maintained a residence at PGA West for over 10 years. While I would prefer that the property under consideration remain available for Tourist Commercial, I understand market considerations and therefore I am not opposed to the development of this site for appropriate residential use. However, the proposal submitted for consideration by Crowne Point Partners within the PGA West specific plan area should be modified or rejected by the Council. This proposal of 2 and 3 story units is not in keeping with the goals and objectives of the specific plan and is not appropriate for this site. Specifically: . PGA West has very few 2 story units and those that were built by the original developer cannot be seen while driving on PGA West Boulevard. Having 2 and 3 story residential units with site lines along PGA West is wholly inappropriate. . The density proposed for this project is in excess of everything else developed at PGA West. . We oppose the building of a 43.5 foot tall ornamental clock tower which will serve only to draw attention to this project's inappropriateness for this community. 4 630 v28/2008 Page 2 of 2 Accordingly, I urge you will take the appropriate action in denying Crowne Pointe Partners' application. Very truly yours, Mcw very A. EngUwtde*- Harvey A. Epglander 631 1/28/2008 G �CaTiE, Page 1 of 1 JAN 3 0 2008 CRY OF LA OUINTA �Wj Wandase-Latta PL=NGDEPARTMENT From: ChuckG1943@aol.com Sent: Tuesday, January 29, 2008 2:55 PM To: City Managers Office Subject: Eden Roc Comments Attachments: EdenRoc12908.doc Please distribute to City Council and Mayor. Charles Gauthier 771-9594 54-799 Riviera Start the year off right. Easy ways to stay in shale in the new year. 5J 4 632 January 29, 2008 TO: La Quinta City Council & Mayor FROM: Charles Gauthier — PGA West Homeowner — 771-9594 — 54-799 Riviera RE: EDEN ROC THIS IS A DIFFICULT ISSUE TO ADDRESS AS THE EDEN ROC PROJECT IS SO UNSUITED TO THE PGA WEST COMMUNITY -- YET THREE PEOPLE ON THE PLANNING COMMISSION ARE SHOVING IT DOWN OUR THROATS. I HEARD THE WORD "DIVERSITY" USED AT THE PLANNING MEETING AS AN EXCUSE FOR IMPOSING THIS FOREIGN LOOKING PILE OF HOUSING IN THE CENTER OF PGA WEST. WHAT POOR REASONING! MY ISSUES: • THE HEIGHT, DENSITY, AND DESIGN (INCLUDING COLORS) ALL FAIL TO BLEND INTO OUR COMMUNITY. WHY???? • EVEN THE PLANNING STAFF PROPOSED AN ACCOMODATION OF ELIMINATING THE "POP-UP" LOFTS (NO BEDROOM COUNT WOULD BE LOST) FROM THE 16 UNIT BUILDINGS AND REDUCING THE "MANOR" UNITS ON THE GOLF COURSE TO ONE STORY. PAUL QUILL REJECTED THE IDEA OUT OF HAND WITHOUT ANY DISCUSSION. WHY? • A HOME OWNERS GROUP HAS PLEADED TO HAVE THE 16 UNIT (THREE STORY) "VILLAGE" UNITS — 33 FEET HIGH & 16.5 UNITS PER ACRE —, REPLACED WITH THE DUPLEX STYLE "COURTYARD UNITS" —17 FEET HIGH & 6.5 UNITS PER ACRE —. THE PROPOSAL WAS IGNORED. WHEN IT WAS BOUGHT UP AT THE PLANNING MEETING, THE COMISSIONERS REFUSED TO EVEN DISCUSS THE ISSUE. WHY? OUR CURRENT DENSITY IS 2.7 UNITS PER ACRE. • THE PROPOSAL WILL ALLOW PARKING DEFICIENT BY 127 SPACES ACCORDING TO CODE! WHY? • THE PARKING AND GARAGE ARRANGEMENT ON THE "VILLAGE" UNITS WILL NOT WORK! • THE PROJECT BLOCKS VIEW SIGHTLINES TO THE LITTLE SAN BERNARDINO MOUNTAINS. 633 • THE THREE STORY UNITS IN THE CENTER OF THE PROJECT ARE IN A NINE FOOT HOLE TO HIDE THEM, CREATING THE NECESSITY FOR MANY UNSIGHTLY WALLS AND STEPS. THE PLANNING STAFF NOTED THIS PROBLEM AND WAS IGNORED. WHY? COMISSIONER BARROWS CLEARLY ARTICULATED HER AGREEMENT WITH MANY OF OUR OBJECTIONS AND EXPRESSED HER CONCERNS ABOUT MANY ELEMENTS OF THE PROJECT. HER COMMENTS WERE IGNORED. WHY? 764 PEOPLE HAVE SIGNED PETITON CARDS AGAINST THE PROJECT, YET WE ARE BEING TREATED LIKE INTERLOPERS. SUMMARY: MOST ALL OF THE 150+ PEOPLE AT THE PLANNING COMMISSION MEETING LEFT DIGUSTED AND FRUSTRATED. THERE WAS MUCH AGREEMENT THE THREE COMMISSIONERS WHO VOTED FOR THE PROJECT SEEMED TO BE "IN THE DEVELOPER'S POCKET". PLEASE SAVE OUR COMMUNITY AND PROTECT OUT INVESTMENT IN OUR HOMES!!!! SOMEONE NEEDS TO STOP THE CURRENT PLANNING COMMISSION BINGE OF INCREASING DENSITY IN LA OUINTA. THE HUGE SALES TAX REVENUES PRECLUDE THE NEED TO SUPPORT THE CITY THROUGH DEVELOPMENT FEES!!! 631, FEB - 4 2008 Cm OF LA GUINTA PLANNING DEPARTMENT MELVIN C. KERWIN PATRICK C. KERWIN LESLIE MARK GAMMILL LAW OFFICES KERWIN, KERWIN & GAMMILL, LLP City of La Quinta City Council Attn.: City Clerk P.O. Box 1507 La Quinta, CA 92247 968 WOODSIDE ROAD P.O. BOX 610148 REDWOOD CITY, CA 94061 January 28, 2008 Re: Hearing February 19, 2008; General Plan Amendment 2006-107 etc. C; Council of La Quinta• TELEPHONE (650) 366-8060 FAX (650) 366-4214 5kw; eem � O c� m m � fV n r rn o C Z3 rT1 'n N ti � n tty rn I am writing to oppose this project as a property owner at 54988 Southern Hills, PGA West, La Quinta, California. The grounds of the opposition is that the project is too massive, too high, too dense and is not in keeping with the balance of PGA West and violates our prescriptive use of egress and ingress with golf carts over that property. As I understood when we initially bought at PGA West that this ground space was reserved for one hotel. Now it is attempting to be converted to as admitted (by your notice) to a Sher density residential use. That space is not large enough for such an intense development. Will the "onsite active and passive recreation amenities including a community recreation complex" compete with PGA West? Conflict is a better term. If it is to be residential it should be single -story type building so as not to ruin the view of the residences to the West and become an instant blight on the area. The traffic, the noise, the density, the height, the massiveness of the project on what appears to be a relatively small parcel of land, will compete negatively with the courses and the whole of PGA West. There is no way the draft environmental impact report could realistically determine that the adverse affects on the environment could be reduced to insignificant levels with the incorporation of recommended mitigation measures. The best mitigation would be a denial of the application. A residential and recreation complex within a corn lex (PGA West). Who needs it? 6 3 J City of La Quinta Planning Commission January 28, 2008 Page 2 of 2 Specific Objections: I. Traffic: Almost 600 additional cars on PGA Boulevard an average of 2 trips a day? 2. Density: Over development. Intense compared to the neighborhood. Height: Too high, should be one level. Single family residential limits only. 4. Easements: Travel across this property by golf carts will be lost? This property is the subject for a prescriptive easement established by use over a 20 year period, going back to when the property was in common ownership with the balance of PGA West. If an easement for cart travel is not preserved surely litigation will ensue. C. Kerwin 63 PGA WEST MASTER ASSOCIATION, INC. P.O. BOX 1516, LA QUINTA, CA 92253 (760) 564-3858 • FAX (760) 564-2329 February b, 2008 Honorable Mayor Donald Adolph Members of the City Council City of La Quinta 78495 Calle Tampico La Quinta CA 92253 Re: Proposed Eden Rock Development - PGA WEST Dear Mayor Adolph & City Council Members: "Au'l Ck MhAb T"641 MW J -1 W11NG CIP 1, A" f.,,FR'S DEF -- -- FEB - 4 2008 "a. QUINTq r was present at the public hearing on January 8, 2008 before the City Planning Commission regarding the Eden Rock project. As President of PGA WEST Master Association, consisting of more than 3,000 homes in PGA WEST, I attended the meeting as d igg-Csp Planning Coerson tor-ourBpard of Directors. On their behalf I testified before the mmission, and ►opefuRy.my:testirtrony.is-reflected itiIho-minutes of that Qroceeding;,;n.I obecause disc ' Plioiiitirigly;-nof-;Zbhea indiWdual 'on the Cpprmission cknowledged..my testimony that night;:thougN- believe dll'dth&s who did .testify, were verbally recognized for their,input into, the Eden Rock approval process: I was perplexed and embarrassed that my comments weie.rrot addressed, -considering lbe membership of,PGAVEST Master Association arid'the obAous impact this project will have on our common area -streets. Specifically, PGA Boulevard, which is the only access to the Eden Rock project, will be severely impacted over the next.two to five years with the significant number of heavy equipment type vehicles and supply trucks that must transverse this street to build the more than 290 homes planned for Eden Rock. The City Fathers saw fit to change the original access plan to PGA WEST, which would have had PGA Boulevard connect with Madison in an unobstructed public route bisecting our project. The General Plan was changed many years ago to make access to PGA Boulevard exclusively from the entrance at the terminus of Jefferson, and not allow access beyond the Stadium Clubhouse at the current end of PGA Boulevard. This design change means that each and every piece of equipment, vehicles and supplies used to build Eden .Rock must transverse PGA Boulevard, a majority of which has. been rebuilt over the years. 7dur Board of Directors feels strongly that it is an unfair burden for our current membership to bear the additional cost -of repair made nee -pary by all. this heavyequipment.on.our streetday after day,. month'afxermonth, }�e�r•-after yeac,,;.The,Eden Rock project will certainly reduce the usefer[ Gfe of PGA Boulevard, aad the�benefiaar,, of this rise, Crowne POlht Partners,- LLC, bear, should at' least some portion of the cost to maintain and repair 'this vita! . construction period of the protect.. artery during the 637 HOW MAYOR DON ADOLPH Accordingly, we ask that the City Council give serious consideration to our request that any approval of the Eden Rock development be conditioned upon requiring Crowne Pointe Partners, LLC, to reimburse PGA WEST Master Association at least twenty five percent (25%) of the repair/replacement costs for non -routine wear and tear to PGA Boulevard over the life of the construction period of the project. Such costs would be documented through an independent engineering firm based on actual wear and tear and resultant damage to the asphalt and underlayment, with seated bids for the cost of repair from agreed upon specifications and qualified contractors. plan to attend the public hearing on February 19, and look forward to the Council's taking this request under advisement for appropriate action conditioning the approval of the Eden Rock project. Should you or any City Staff person have any questions regarding the information contained herein, please feel free to contact our Association Manager Donna Marinaccio at 564-3858, and she can forward your request to the Board of Directors for prompt response and action. Thank you for the opportunity to present the concerns of the Board of Directors of PGA WEST Master Association, and on behalf of our over 3,000 homeowners at PGA WEST, we hope you will take the appropriate action by requiring the Developer of Eden Rock to financially participate in restoring PGA Boulevard based upon their extraordinary use of and obvious negative impact on this vital common area. Cc: Members of the City Council Wallace Nesbit, Principal Planner, Planning Dept. 633 ATTACHMENT 18 Effects of Proposed Changes on the Environmental Impact Report As the City Council is aware, an Environmental Impact Report (EIR) was circulated for the proposed project. The EIR analyzed the impacts of a 292 unit condominium subdivision, including duplex, triplex and sixteen-plex multi -family residential units on a 42-acre site. The project has since been amended to include 264 units, with a somewhat different building configuration. The reduction in units is in the "Village" homes, which were 128 units, and are now 102 units in the center of the project. The following analysis examines the changes proposed to the plan, and their effect on the EIR analysis. Each issue associated with a change is discussed separately below. It is important to note that the California Environmental Quality Act (CEQA) requires that the City analyze the "worst case" or most conservative impacts of a project. If a project is reduced in scope, as this project has been, the environmental analysis does not need to be re -done, unless the changes also create new conditions which were not analyzed in the original EIR. Unit Count and Densitv The project was analyzed in the EIR as a 292 unit project on 42 acres, with a gross density of 7.0 units per acre. The current proposal for 264 units results in a gross density of 6.3 units per acre. The current proposal is less dense than the proposal analyzed in the EIR. Since the EIR analyzed a more intense project, impacts associated with the current proposal can be expected to be lower. No new conditions have been created by the reduction in density. The EIR does not need to be changed, and its conclusions are still valid. Open Space The project was analyzed in the EIR based on 12.9 acres of open space, including 3.62 acres of active open space to include a pool and clubhouse. The current proposal includes 11.9 acres of open space area, including 3.58 acres of active open space. The active open space area now includes two pools and no clubhouse. The reduction in open space is 8% of the open space area originally proposed. The amenities in the active open space area have changed, but have not been reduced significantly. The EIR found impacts associated with recreational facilities would be less than significant, and the impacts associated with the current project would also be less than significant. No new conditions have been created by the changes in open space area. The EIR does not need to be changed, and its conclusions are still valid. Building Height and Visual Impacts The project was analyzed in the EIR based on maximum building height of 33'4" for the Village homes in the center of the project, and a clock tower in the center of the site extending to 43'6". The one and two-story units, as proposed around 1. 639 the perimeter of the project, are unchanged and remain as originally proposed for the two story units at 251" (Courtyard units) to 27'10" (Manor units). The current project reduces the height of the Village homes, still located in the center of the project, to two stories at 29 '6", and eliminates the 43' 6" high clock tower. The Aesthetics section of the EIR (Section 4.0) analyzed the impacts of the three story units and clock tower, and found that the impacts associated with viewsheds and visual resources were less than significant. As the current proposal reduces the height and mass of the buildings, the impacts can be expected to be reduced, and therefore will remain less than significant. No new conditions have been created by the changes in building heights and the elimination of the clock tower. The EIR does not need to be changed, and its conclusions are still valid. Parking Spaces Provided The project was analyzed in the EIR based on a total of 871 parking spaces. The current proposal includes a total of 733 parking spaces (discussion of the design issues associated with the parking reduction is included in the Site Development Permit section of the staff report, under Parking — the analysis below addresses only parking as it relates to the EIR analysis). Table 1, below, compares the EIR parking count and the current proposal's parking count. Table 1 Comparison of ParkingProvided Land Use EIR Parking Count Current Parking Count Courtyard Homes 270 253 Manor Homes 274 267 Village Homes 317 205 Sub -Total 851 725 Clubhouse 20 None/Removed Total Parking 871 1725 The EIR considered two components in evaluating the parking requirements: The Zoning Code standards, and a parking analysis prepared by the applicant's traffic engineer. The Zoning Ordinance requirement for the project as analyzed by the EIR was 870 parking spaces; while the parking analysis found that 633 parking spaces were required for a project of 292 units. The current project would require 729 parking spaces under the Zoning Ordinance, and 626 spaces under the parking analysis prepared for the project. In both cases, the Garden House clubhouse has been deleted, with the clubhouse site replaced by a main common pool; a second common pool is also provided further east of the main 640 pool. These pools are within walking distance of the units within the project, and would not require automobile parking, though some golf cart parking will be provided. The parking provided in the current plan is proportional to the reduced number of units. This proportionality parallels the analysis provided in the EIR, and is equivalent to it. The EIR found that the impacts associated with parking for the project would be less than significant. The current project's impacts would also be less than significant. No new conditions have been created by the changes in parking spaces. The EIR does not need to be changed, and its conclusions are still valid. 641 9M Estimated 10 residents. HOA 5/24/2004 PGA West Residence #2 did not provide attendee list or Introduce preliminary development plan Clubhouse HOA meeting minutes. Estimated 10 residents. HOA 10/24lOS PGA West Residence #2 did not provide attendee list or Introduce preliminary development plan Clubhouse HOA meeting minutes. Estimated 10 residents. HOA 12/6/2005 PGA West PGA West did not provide attendee list or HOA presentations to introduce changes and view virtual tour Clubhouse Master meeting minutes. Estimated 10 residents. HOA Discussion to solicit feedback on golf cart path, security building 4/4/OB PGA West West PGA West did not provide attendee list or and gate and perimeter wall design from PGA West Masters Clubhouse Master meeting minutes. Association. Estimated 10 residents. HOA 4/27/O6 PGA West Residence #1 did not provide attendee list or HOA presentations to introduce changes and view virtual tour Clubhouse HOA meeting minutes. Estimated 10 residents. HOA 5/2/2006 PGA West PGA West did not provide attendee list or HOA presentations to introduce changes and view virtual tour Clubhouse Master HOA meeting minutes. Estimated 10 residents. HOA 5/5/06 PGA West PGA West did not provide attendee list or HOA presentations to introduce changes and view virtual tour Clubhouse Master HOA meeting minutes. 5/5/06 PGA West Residence#2 Clubhouse HOA 5/6106 PGA West Fairways HOA Clubhouse 5/22/06 PGA West Residence#2 Clubhouse HOA 9/15106 PGA West PGA West Clubhouse Master HOA 3/6/2007 PGA West PGA West Clubhouse Master HOA 4/4/2007 PGA West PGA West Clubhouse Master HOA Estimated 10 residents. HOA did not provide attendee list or meeting minutes. Estimated 10 residents. HOA did not provide attendee list or meeting minutes. Estimated 10 residents. HOA did not provide attendee list or meeting minutes. Estimated 10 residents. HOA did not provide attendee list or meeting minutes. Estimated 10 residents. HOA did not provide attendee list or meeting minutes. Estimated 10 residents. HOA did not provide attendee list or meeting minutes. HOA presentations to introduce changes and view virtual tour HOA presentations to introduce changes and view virtual tour HOA presentations to introduce changes and view virtual tour Master HOA master gate Importance discussion Master HOA master gate importance discussion Facts about proposed community; dispell rumors 4/19/2007 PGA West PGA West Estimated 150 residents. Facts about proposed community; dispell rumors Clubhouse All Residents Cn N ATTACHMENT 20 Planning Commission Minutes January 8, 2008 1. Chairman Alderson opened the public hearing and asked for the staff report. Planning Director Les Johnson stated the applicant has requested the application be tabled at this time and when the applicant is ready, staff will renotice the project for public hearing. 2. There being no questions of staff, it was moved and seconded by Commissioners Quill/Barrows to table Site Development Permit 2007-896. Unanimously approved. B. Draft Subsequent Environmental Impact ReportGeneral Plan Amendment 2006-107 Zone Change 2006-127 Specific Plan 83-002, Amendment No 6 Tentative Tract Map 33226 site Development Permit 2006-852, and Development Agreement 2006-01 1; a request of Pacific Santa Fe Corporatio n/Crowne Pointe Partners, LLC for consideration of: 1) General Plan Amendment 2006-107 a request to amend the La Quinta General Plan Land'Use Element, from Tourist Commercial (TC) to Resort Mixed Use (RMU) on ±42 acres; 2) Zone Change 2006-127, a request to change the La Quinta Official Zoning Map, from Tourist Commercial (CT) to Tourist Commercial/Residential Specific Plan (CT/RSP), on ±42 acres; 3) Specific Plan 83-002, Amendment No. 6, amending the PGA West Specific Plan to implement development principles and guidelines for a 290-unit (revised from 292 units) residential condominium project, with clubhouse building, common pools and lighted tennis courts; 4) Tentative Tract Map 33226, a division of ±42 acres into 97 residential lots, a 1.35 acre community center lot, and other common area lots; 5) Site Development Permit 2006-852, for site plan and building design approval for 290 (revised from 292) one, two and three-story single-family and condominium units, a 7,122 square foot recreation building with a 32 x 70-foot common pool and 43-foot, 6-inch clock tower feature, and a private entry gatehouse; 6) Development Agreement 2006-011, consideration of an Agreement to implement a funding mechanism ensuring payment to the City of certain fees to financially offset the conversion of the original hotel/resort site to residential, for the anticipated potential for lost revenue(s) associated with development of the Eden Rock project, for the property located within the PGA West development, generally bounded on the north and east by the PGA West Stadium Course and Clubhouse, and on the south and west by PGA Boulevard. 1. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Planning Department. 643 2 Planning Commission Minutes January 8, 2008 2. Chairman Alderson asked if there were any questions of staff. Commissioner Quill stated he did not believe the addition of 292 units would make any kind of impact on this development when it has already been approved for 5,000 units and this is still so far under what was originally approved and why any environmental review was required. Planning Director Les Johnson stated this Specific Plan Amendment is for the change in land use. Commissioner Quill asked staff to explain the density described in the staff report. Staff explained how the density average was reached. Commissioner Quill questioned how this project, which is 10% of the overall density of the project, should be required to pay 40% of the signal cost at Jefferson Street and Avenue 54. Also, he would like to go on record that in regard to the Development Agreement, this document is inequitable as it relates to other residential property. We call this community a residential community for the purposes of developer impact fees. However, we are in addition extracting a one time mitigation fee for the replacement of Transient Occupant Tax for the residential project plus asking for an on -going fee of the residents whether they are renting their unit or not. If a resident lives in the unit and it is their home, he does not understand why we should be charging an on -going fee as well as the one time developer impact fee. 3. Commissioner Quill stated lastly, he asked if the landscaping plans would come back to the Commission. This project appears to be very lush and a large amount of turf. Staff stated they will be required to go through the City's landscaping approval process. If the Commission wants it to come back to them, the project can be conditioned to come back. 4. Commissioner Quill questioned why the Ramona Band of Indians was requesting a tribal monitor be required as they seem to be so far removed from the area. Staff stated the City has been receiving more and more letters from interested tribes outside the Coachella Valley. They are able to comment on the EIR, but the SB 18 comment period has already been closed before receipt of their letter. This does not preclude them from making comment on the DEIR and staff will respond through the CEQA process. Planning Consultant Criste stated letters are being received from tribes where there has been some historical interest and the Ramona tribe has requested monitoring. 64t 3 Planning Commission Minutes January 8, 2008 5. Commissioner Wilkinson asked what type of variable there was along the north perimeter for grading where the Manor units are located; how much lower could the grading be reduced. Staff stated it appears from a preliminary review, the units are placed slightly below the existing grade on the upper slope that slopes down to the golf cart path. The amount of dirt that could be removed would need to be determined at a later date when the final engineering is done. 6. Chairman Alderson asked about the grading plan and dirt import. Given that staff is recommending the northerly portion be lowered to lessen the impact, the dirt would not be needed if the grading consideration could be made. He also stated the site slopes 12- 15 feet from the north to the south in grade with the center being depressed from the edges nine feet which is the equivalent of one story of a house. What takes the center condominiums or cluster homes to the same elevation with the third story tower, would be the same height as the building. The houses that are impacted by the site are 1,100 to 1,300 feet away with the exception of the houses on the north end and the applicant has lowered the units to one story. If you look at the direction the houses adjacent to the project face, none of them look into this site. 7. Chairman Alderson asked if the applicant would like to address the Commission. Mr. Mark Rockwell, CEO of Pacific Santa Fe Corporation, gave a presentation on the overall project and introduced Gil Martinez, GMA International, who gave a more detailed report on the project. 8. There being no questions of the applicant, Chairman Alderson asked if there was any other public comment. Mr. James Cox, 55-914 Brae Burn, has been working on this project for the last two and half years with the staff and the applicant. They have made numerous suggestions regarding what they would like to see and would like to expand upon what they have discussed with the developer and staff. One of their main problems is the density issue. They have talked with the developer on numerous occasions about reducing the density. During one discussion they asked the developer to substitute the Courtyard units for the Village units. After that meeting they were lead to believe there would be some changes. They found this did not pencil out for the developer. They met again and the developer stated he would try to make this change. The other issue is the rental units. They 6�5 13 Planning Commission Minutes January 8, 2008 would like a minimum 30-day rental as is common in other developments in La Quinta. The developer initially agreed with this but when he read the Development Agreement it called for the annual fee to the City by each unit owner to be credited with a TOT. The developer was not happy as this amount of money would have to be added to the Association dues which did not help the marketability. They would like to see the annual fee changed to give the City revenue but not be a TOT. He presented this to the City and was told they would have to discuss this with the developer. To date they have had no reduction in the density or the rental time frame. 9. Ms. Vicki Merchant 79-768 Arnold Palmer, stated she is a full time resident and represents some of the 850 people who signed a petition objecting the project. She attended most of the meetings presented by the developer and was told this project would consist of full-time residents. In looking at the recommendations being presented, that is not the case. The City is clearly asking for TOT or annual costs. This would encourage rentals for the homeowners to off -set these costs. They are confused why the City would promote such a project as a TOT facility or "quasi hotel". The grant deed clearly precludes the use of this property as a hotel or other TOT facility. A "quasi hotel" would harm their property values. 290 units that could be purchased for short term rentals for investment capital would do environmental affects such as security infractions, using their golf courses, private pools in their residential areas without any right to do so. The project will only have one swimming pool but states it will have two pools. This is not sufficient for 290 units. It will encourage them to come into their residential areas and use their pools and other facilities. Everyone keeps talking about the 5000 homes that were part of the original PGA West Specific Plan. That included what is now SilverRock, Mountain View Country Club and the surrounding area that is still owned by KSL. That was part of the 5,000 homes. When KSL sold that property that reduced the density; part of that land was sold off. Staff stated that was incorrect. She re -iterated they would not like this to go forward as proposed and they do not want the short-term rentals. 10. Commissioner Quill asked that the issue of TOT and rental time frame be explained. City Attorney Kathy Jenson clarified the Development Agreement would allow rentals for less than 30- 646 E Planning Commission Minutes January 8, 2008 days. Ms. Merchant stated there is no specific time in the report, but there is an amount that could be assessed and is the recommendation of staff to assess each unit. She believes that it is $1,400 per unit a year and this would encourage the property owners to rent their units out to get back their money paid to the City. 11. Mr. Gary Dolenga, 55-457 Oak Hill, stated he was discouraged about speaking because he was told the City had already made up their minds. They have been full time residents and are pleased with the development theme of one story, single -story homes for PGA West. The residential building code for PGA West since the 1990's, which governs the 1,700 acres surrounding the 40 acre project states the purpose of the theme is to provide for the continuing development of low density neighborhoods, 2-4 units per acre, with open space and minor uses supporting golf. Over 1,000 single family houses have been built on this code. This 40 acre high density, multi -level proposal is being jammed into the middle of their 1,700 acre project and dilutes the theme of what has been going on here for the last 15 years. We have it on good authority a single-family one story project would be viable. The developer states it is not viable; however no documentation has been provided to substantiate this statement. If the City continues to allow the developer to violate the grant deed restrictions regarding a TOT facility on this site, they believe a boutique hotel, which would also violate the grant deed, would be a better and more viable alternative. A hotel would have better security and guest control while limiting the number of guests per room and would not give automatic access to PGA West neighborhoods and would provide amenities for the guests. As taxpayers they are confused why the City would approve a "quasi hotel" which would compete with the hotel and condo project proposed for the SilverRock project. As they understand the SilverRock project is not financially self sustaining and approval of a competitive project next door is a questionable decision at best. 12. Mr. Richard Stenton, 80-706 Spanish Bay, stated this piece is the center point of PGA West and a hotel would be a wonderful project to have at this location. If you are going to change the zoning you should follow the guidelines when this City formed the residential specific plan in the 1990's which was 2-4 units per acre. In discussing this with the developer, he has indicated the density should be reduced. The developer has told them this 60 71 Planning Commission Minutes January 8, 2008 project is less dense than the hotel. If they had a hotel it would allow more amenities for the residents and the guests they didn't want at their house could stay at the hotel. As a developer he understands the balancing act that is needed between the developer and the City. But in this project where TOT is required the City and the developer are getting what they want and it is changing the overall character of what the residents want at PGA West. It is not their problem that the economics do not work and the density needs to be reduced. He has read the SEIR and provided comments. He does not believe the SEIR is complete as proposed and there are alternatives where the SEIR points to mitigation measures for density, traffic and parking. Staff has done a good job in reducing the height on the northern units. They have also indicated the parking requirements that must be complied with is parking in the driveways. His concern is the 128 units in the middle of this project. That is a tremendous volume where there is no golf cart parking. If you have people with two cars and guests that is a lot of traffic in that courtyard. The height and parking areas need to be evaluated. The 128 units at the center of the project with no golf cart parking there will be a lot of traffic in the center focal point in the courtyard. If you approve this project you are diluting what was approved in 1996 and allowing something to come into the prime area of PGA West which will not be in character and will cause harmony with the rest of the community. 13. Mr. Richard Mills, 81-600 Tiburon Drive, stated he did not have the ability to debate the technicalities of this project and he does not live close to where this project is proposed, but this project is not compatible with PGA West. They were told that the site line would not affect anyone who lives there and now they find it will affect 30 homes. It should not affect one house. The City should not be driven by revenue problems 14. Commissioner Quill asked if they were aware this site was designated as a 1,000 room six story hotel. Mr. Mills stated he is not interested in what was designated 20 years ago. Times change, we change and the whole development has changed. PGA West is a single family residential community and it is just that simple. We need to be looking at the aesthetics and how much this means to the core people of PGA West. 643 7 Planning Commission Minutes January 8, 2008 15. Mr. Jim Murphy, 54-580 Riviera, stated their concern is PGA Boulevard which is the primary entrance to the entire development. This street affects the value and look of their property. Their concern is that now due to the changes made by the City over the years, this is the only street accessible to the property for its development. Therefore, for a period of about two to five years, the tremendous amount of construction traffic that will have to go down this street, that was not built to handle this type of traffic, they would like to request a deposit be made to the association so that at the completion of the project the street is returned to its original condition. 16. Ms. Christine Deniel 79-860 Pecan Valley, stated she serves as the Chair for La Quinta Investment Advisory Board, and basically the paradine of the City has changed. Since the time PGA West was designed she does not care how many rooms the hotel was to have; change has taken place and the City and the City no longer has a budget or financial problem. It has changed from relying on building permits and TOT to relying on sales tax. For the first time in the year of 2007 we have had a surplus budget and every request in the budget was granted. The City does not need the money from the TOT. Therefore, the purpose of this Commission should be to satisfy the residents and voters of the City and not the outside developer who wants to make a profit on a property. We need to keep the look and ambiance of PGA West which is single family homes, one story. 17. Mr. Howard Culver, 55-501 Southern Hills, stated his first issue is the story poles to address the visual and aesthetic concerns of the City and personnel. It is imperative that instead of the story poles, to show the site line there should be ropes strung between the poles with flags dangling from them so everyone around the project could see the impact and comment on it. The second issue is the time piece on the project. Everyone has a time piece on their person. They do not need a time piece in that project to tell the time. Furthermore, they do not need a time piece that is four stories tall and obliterates everything. The defining visual feature of PGA West should be Coral Mountain. The clock tower should go. 18. Mr. Gary Murphy, 80-068 Medinah, stated most everything has already been said, but there is one point that is critical. We have a hotel being proposed by Lowes, obviously is going forward, that 649 0 Planning Commission Minutes January 8, 2008 would not go forward if the City had not given them assurance that the zoning would be changed at PGA West. This is just one example of how they, the residents at PGA West, have been addressed at the end of the process instead of the beginning. Since they cannot be a part of the beginning of this process and are now here tonight, he would implore the Commission to use their sensitivity and respect their community and help them with their sincere wishes to keep PGA West as it is now. 19. Ms. Janet Hamilton 55-575 Oak Hill, stated she is within the 500 foot radius of this development. Her request to the Commission is that before they plop this development in the middle of their community would you please see what they have done by approving the monstrosities at Jefferson Street and Avenue 52. She lives at PGA West, but is a member of the Hideaway, and when you have two story buildings of a different style, sticking up within a few feet it can and will be atrocious. Go to the Hideaway and look at it. 20. Mr. Chuck Gauther 54-799 Riveria, stated there are two issues that have not been raised. One is that the elevations are about 20 feet above the elevation of the street and he does not understand how they can build this on a pile of dirt that is much higher than any other level in the whole project. At a minimum it should be lowered to street level and probably more aesthetically to the level of the homes that exist at the 18`h hole of the Stadium Course. Second, he does not understand where the Tuscany style comes from. It is so foreign to what exists at PGA West and does not fit nor does the color fit with their community. 21. City Attorney Kathy Jenson clarified that regarding the comment that was made that Lowe Enterprises had been assured this zone change would take place, she has been involved with the Lowe negotiations since the beginning to the bitter end and this topic was never raised and they never even made a request or inquiry with regard to a zone change. There has been no assurance given to Lowe in regard to this property. 22. Commissioner Quill stated that in regard to the reduction in the size of the hotel, there is nothing in the documents that he read that ever indicated that this has been reduced from 1,000 rooms to anything less than that. Planning Director Les Johnson stated that is true. There is no official change that has occurred from 1. 650 0 Planning Commission Minutes January 8, 2008 that Specific Plan change or subsequent plot plan application. 23. Mr. Richard Zeilenga, legal counsel for the applicant, stated he would like to address some of the issues addressed by the public comments. Most of the issues raised are views, architectural compatibility, building height, traffic, density, rental issues, and the issue he would like to discuss, the concessions that have already been made. The real question is whether these issues are relevant to the project based on the evidence presented. First the EIR concludes there are no significant visual impacts. The Commission noted the distances between some of the residents and the elements of this project are quite far and in some instances more than three football fields in length. The second point is that there is no impact to any scenic highways or image corridors in the City. The third point is that the project enhances an existing dirt lot. Some of those who spoke have noted the dirt lot has been there for a long time and they do not like it. This project addresses the dirt lot by enhancing the visual impact. He then went through slides showing what exists and what it would look like with the development built. Finally mountain views are preserved and the visual photos confirm it does not impact the views. You will note that in the photos, the clock tower is not visible. In regard to architectural compatibility or the building height point, the City's General Plan governs development in the City. It currently envisions a 1,000 foot hotel. The existing hotel that is approved and could be built. The rendering they are showing is what they would see and the impact it would have on the project. This impact on the mountains is far more substantial than anything we are talking about with this residential project. So, in terms of what the General Plan shows now, it is a substantial improvement in terms of preserving the mountain views from the Stadium Clubhouse at PGA West. He realizes some people believe the hotel is not real because there is a deed restriction that prohibits the hotel. However, the City believes it is real because they insist they sign a Development Agreement requiring them to pay substantial TOT mitigation as if it were going to be a hotel site. Therefore, it is real to them. The next point is the clock tower and it is much lower than the planned six story hotel. The clock tower is well removed from the project borders. The three story village homes are much lower than the six story hotel. The element referred to as the third story is really a small component that appears on four corners of the structure and is not visible from golf course. The three story elements is 651 10 Planning Commission Minutes January 8, 2008 only 12.5 of the total roof area and therefore very small. Lastly, the three story village homes are the same as or lower than the two story manor homes. They are lower because of the pad elevations. The two story manor homes rooftop elevations are between 524 and 527 feet. The three story village home rooftop elevation is between 524 and 526, which appears to be one foot less than the two story manor units. This is because the center area of the project site is lower than where the manor homes are located. With respect to the building heights, concerns have been expressed, but are they justified. In light of what could be built according to the General Plan they are not. The next point is traffic; there was an enlarged traffic study scope required by the City including six study intersections. A conservative 20% upward adjustment was made in the numbers because the counts were taken in May, which is considered outside the prime season. Compared to the planned hotel use it is massively less. The General Plan assumed the hotel would generate 10,488 average daily trips. The Eden Rock project generates 1,711 average daily trips or 8,770 few daily trips for an 83% reduction. The conclusion is that all the study area intersections will operate at acceptable levels of service with mitigation only needed at Jefferson Street and Avenue 54 and additional trips are reduced by 83%. To sum up, they ask are the traffic concerns justified; how could they be. PGA Boulevard was constructed assuming there was going to be a 1,000 room hotel and 100,000 square feet of commercial development that is not going to happen. Now they are proposing something that is radically less than a six story 1,000 room hotel. They believe this is an improvement over what the General Plan assumes for traffic. On density it is less than the General Plan's planned hotel use. The impacts are less than what was proposed both in terms of car trips, mountain views and noise. It helps meet the City's General Plan housing goals to have diversified housing products. This offers a better housing project for PGA West. It offers those that want to down - size to move to a different product within PGA West, but stay with their friends and not have the maintenance and expense. The housing density has been reduced to accommodate the HOA demands. They started with a project consisting of 310 units and have gone down to 290 units. There have already been repeated efforts to work with the HOA in regard to density. CEQA, with respect to density, states that where you have other ways of reducing an impact on traffic, or views, you should not drop density for the sake of dropping density. Public Resources Code . 652 11 Planning Commission Minutes January 8, 2008 21 159.26 provides that with respect to a project that includes a housing development the public agency may not reduce the proposed number of housing units as a mitigation measure or project alternative for a particular significant affect on the environment if it determines that there is another feasible specific mitigation measure or project alternative that would provide a comparable level of mitigation. They believe staff has done a good job of demonstrating other mitigation that can reduce impacts or there are no impacts for which density should be reduced. The Commission does have general discretion planning authority in regard to density. But in the context of CEQA, when someone says reduce density for the sake of reducing density, this provision suggests that is not appropriate with respect to CEQA mitigation. In staff's presentation, they suggest the second story of the manor units along the golf course on the north side. He supposes staff was concerned about the line of site from the golf course looking north to the south. What they have demonstrated is that the residences are so far away there really isn't any impact. That eliminates another 17 units and not financially viable to this project and they are opposed. In regard to the rental and the concerns raised, currently, there are 375 rentals at PGA West or 15%. If you take 15% of the 290 you would have 43 rentals at Eden Rock. They believe Eden Rock would be better regulated because they would have an on -site manager to handle any problems. Fourth, the rentals would provide revenue to the City which has been expressed as being an important point. Fifth they would be willing to accept similar regulations as are currently imposed on PGA West and it is his understanding there are no regulations on any unit at PGA West. In regard to concessions to the HOAs as addressed in a letter to the City by Mr. Cox. He states they have met with the applicant and it has not produced any tangible results. Concessions have been made repeatedly. First they have reduced the density by 30%; the perimeter wall has been changed to their satisfaction; gatehouse changes to the entry drive was changed to meet their concerns; they added a third entry lane; the golf cart paths were reoriented to their requests; they have granted HOA review and input in regard to the landscaping; and finally they reduced the pad elevation of the Manor homes on the north side. With regard to the continuance suggestion, they do not believe there is any viable reason for a continuance. In the overall scheme of tract development 292 homes is not a large project. 6�3 12 Planning Commission Minutes January 8, 2008 24. Commissioner Quill stated it was suggested by some of those who spoke that the zoning was changed in the 1990's to require single family homes; he is not aware of any change. Planning Director Les Johnson stated he is not aware of any change requiring single family dwellings and there is no document that he is aware of that requires the units must be single family. 25. Mr. Richard Olson, 54-591 Riviera stated he came to this meeting with an open mind. He is now against the project as he believes the applicant's attorney has talked down to the residents and was insulting to their comments. 26. Mr. Cox stated he has a document provided by the City when Eagle Bend was being built and they were advocating a two story product. He read a comment from the document. 27. Mr. Audrey Mattey, 80-895 Weiskopf stated she resents the fact that as she ages she will want a smaller place. She just retired and moved here to PGA West. It is condescending to think that their concerns are not justified. Compared to the rest of PGA West this is a higher density and higher elevation and to say it will not affect their homes is wrong. It is better than a hotel, but it is the better of two evils. They want to keep their character; what PGA West is - a place of single family single -story homes. Why do they need to change it. Also, he said he would be willing to have a 30-day rental minimum so they could be just like the rest of PGA West. If they want to be just like them, then build single family, single story homes. 28. Mr. Rick Zeilenga stated that in regard to the document that Mr. Cox presented, it is his understanding that it applies to Planning Area I which does not apply to their site. 29. There being no further public comment, Chairman Alderson closed the public hearing and asked for Commission discussion. Commissioner Quill stated he was the construction manager for the Landmark Land Company and Sunrise Company when PGA West was first built. At that time they built duplex, four-plex and six-plex condominium units throughout the Palmer and Stadium Course. The only reason they stopped building condos was due to a HOA litigation that occurred throughout the State. They then built single-family homes. There were also some eight-plex, two story units built on some of the courses. In regard to 654 13 Planning Commission Minutes January 8, 2008 architectural compatibility, there is none within the overall PGA West. It started with contemporary, then moved to a more Spanish theme as time changed. This Tuscan look is a little better than the new contemporary look that could be there. This project is so much less impacted from an environmental stand point than anything else that could go there. He cannot see any issues with regard to traffic. He sees no problem with this project and believes it will enhance the blight of the core of PGA West. In regard to their approval of the Codorniz project he hopes they approve a lot more of those projects. With the type of development that is having to occur due to green building concerns there will be more density and it will be an issue to be addressed in the future. 30. Commissioner Barrows stated she would have concerns about the density and height of the project as proposed not because density is a problem, but with respect to the surrounding neighbors. She appreciates the General Plan designation allows for a hotel, but a hotel versus a residential project are different in terms of their impact on the neighborhood. While she is not willing to suggest the project is completely inappropriate, she agrees there is room for density because of the impacts on our environment and our need to utilize it more efficiency. She would however, still like to see some modifications. She is concerned that although they are looking at density and walkability, she sees little else that reflects concern for our environment. The landscaping is much too lush and even though PGA West has that theme, the City is trying to make changes to address water concerns. Irrigation plans need to be addressed to provide no turf options and would like to see the amount of turf reduced. We are in a crisis situation in regard to water and we need to be concerned about the impacts to the environment. In particular in regard to some of the elevations, she finds it to be a little complicated. It looks too complicated. The duplexes for the Manor homes the front elevation needs work. She agrees with the comments made about the clock tower. The mountains are the monument and view and having a clock tower sticking up does not add anything and she would like to see it eliminated. She would like to see some reduction in the elevations. Possibly removing the third story which would help to eliminate some of the busyness of the project. She would like to see some of the height issues addressed. While she appreciates the concessions that have been made, more could be done. 1.. 655 14 Planning Commission Minutes January 8, 2008 31. Commissioner Wilkinson asked if the Manor Homes would be reduced by two feet. Mr. Zeilinga stated it could be reduced by two feet. Commissioner Wilkinson asked about the time limitation on the rentals. City Attorney Kathy Jenson states the Development Agreement does not put a 30-day limitation on the rentals. It is anticipated that it will do short-term rentals because that is what is subject to the TOT. The deed restriction is irrelevant to the City's consideration. It is envisioned there would be short-term rentals. Commissioner Wilkinson asked In regard to traffic and the amount of space for vehicles in the courtyard area and people being able to get in and out of the driveway. Are there any provisions to allow for additional parking. Planning Director Les Johnson stated there have been discussions with the developer on this issue and there may be some potential for the developer to allow on -street parking. It is a tight area and they have tried to add as much as possible as they have gone through the process with the project. Commissioner Wilkinson asked how they could address the grade issue. Planning Manager Les Johnson stated it is up to the Commission. If the Commission wishes they can condition the applicant to go lower as long as the utilities and storm water flows adequately. 32. Chairman Alderson stated he was in favor of the two foot grade lowering as long as it allows the site to drain properly. The elevation change would probably be a benefit to the site line. There appears to be three main issues. Lowering the clock tower four feet has been agreed to. Staff stated they had added this into the conditions. Chairman Alderson stated that as far as the site lines, the three story units will not be visible from the perimeter when the site is lowered. When you analyze the views from 1000 feet away, the houses behind them are the same height and no issue. The architecture mix is not a problem; it is a community unto itself. He asked if the landscaping plans could be brought back at a later date as well as the guardhouse. City Attorney Kathy Jenson stated yes, it could be added as a conditioned. 33. Commissioner Quill suggested a condition be added that the grades be dropped as significantly as is feasible in the north perimeter from an engineering standpoint and remove the clock tower. He agrees the landscape plans should be brought back to the Commission for approval. Staff asked if they were asking for them in the preliminary stage or final. Commissioner Quill stated - 656 15 Planning Commission Minutes January 8, 2008 not the irrigation, but the plant location and palette and anything related to landscape use at full construction drawing scale. 34. Chairman Alderson stated the water uses should also be reduced in regard to water conservation concerns. 35. Commissioner Barrows asked for clarification on staff's recommendation on which units should be reduced in height. Staff clarified they were recommending the third story be eliminated from the units relative to the perimeter of the site where they may be more visible. Commissioner Barrows stated that in regard to the view to the north the elevations should be broken up to provide a view corridor. 36. Commissioner Quill stated he does not support the reduction in density. The site can be lowered significantly, especially in the area of the 181h hole and probably more than two feet. 37. Commissioner Barrows stated she would like to see the third story removed. Planning Manager Les Johnson stated removing the third story of the Village units and the second story of the Manor units was for discussion not a recommendation. The discussion on the third story of the Village units is the removal of the loft unit within the Village. It is a loft unit and would reduce the unit count. However, with the Manor units, he counts 13 units, so there are already two units identified to bring the count down to 290. There is a remainder of 13 units that would be affected by a reduction of height per the discussion in the Analysis Section. The Village unit height reduction affects the number of bedrooms, and not the total units. 38. Commissioner Quill stated he supported eliminating the two units adjacent to the existing homes. Staff stated that within each cluster of 16 Village units, there are four units that have a loft unit. Commissioner Quill stated they are pop-up units then. Commissioner Quill asked if a condition could be added to require this project to exceed Title 24 requirements to make it a more efficient project. There is a lot of passive energy control items added, but could they push it to a higher level. City Attorney Kathy Jenson stated we do not have a policy so it is hard, but the Commission could impose conditions to provide direction for the developer to increase its energy efficiency. She would recommend they work with staff to incorporate feasible measures 657 16 Planning Commission Minutes January 8, 2008 to reduce any aspect the Commission determines should be done. 39. Commissioner Barrows stated she would like to see that all turf adjacent to the roadways be removed. Staff stated the no turf option was not identified because there are no single family units in this project. Separation of turf along the roadways could be required instead of a no turf option. 40. Commissioner Quill stated he believes this project will have a problem meeting the new water requirements as they are now adopted. Turf has to have more than one use and cannot be wasted flowing out onto the street. 41. Chairman Alderson stated he would not want the elevation to exceed to the point that it requires dirt to be exported. 42. Commissioner Quill stated he would like to see it exported to allow the height to be reduced. If it could be dropped six feet, then they should do so. 43. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Planning Commission Resolution 2008-001 recommending approval of General Plan Amendment 2006-107 as recommended. ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Chairman Alderson. NOES: Commissioner Barrows. ABSENT: Commissioner Engle. ABSTAIN: None. 44. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Planning Commission Resolution 2008-002 recommending approval of Zone Change 2006-127 as recommended. ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Chairman Alderson. NOES: Commissioner Barrows. ABSENT: Commissioner Engle. ABSTAIN: None. 45. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Planning Commission Resolution 2008-003 recommending approval of Specific Plan 83- 002, Amendment No. 6, as recommended and amended: 6J3 17 Planning Commission Minutes January 8, 2008 a. Condition added: The grade elevation shall be reduced as much as possible along the northern boundary. b. Condition added: The landscaping shall be in accordance with new CVWD and City Ordinance and brought back to the Commission for review and approval with a note that there shall be minimum turf on surface sidewalks. d. Condition added: The clock tower lowered to 33 feet or not higher than the three story units. e. Condition added: The applicant shall work with staff to attempt to exceed the minimum Title 24 requirements to enhance any energy efficiency elements that are possible. f. Condition added: The Guardhouse shall be brought back to the Commission. g. Condition added: Architectural enhancement shall be added to the Manor duplex units and brought back for Commission approval. ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Chairman Alderson. NOES: Commissioner Barrows. ABSENT: Commissioner Engle. ABSTAIN: None. 46. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Planning Commission Resolution 2008-004 recommending approval of Tentative Tract Map 33226 as recommended and amended: a. Condition added: The grade elevation shall be reduced as much as possible along the northern boundary. b. Condition added: The landscaping shall be in accordance with new CVWD and City Ordinance and brought back to the Commission for review and approval with a note that there shall be minimum turf on surface sidewalks. C. Condition added: The clock tower eliminated or significantly lowered to 33 feet or not higher than the three story units. d. Condition added: The applicant shall work with staff to attempt to exceed the minimum Title 24 requirements to enhance any energy efficiency elements that are possible. e. Condition added: The Guardhouse shall be brought back to the Commission. f. Condition added: Architectural enhancement shall be added to the Manor duplex units. 653 In Planning Commission Minutes January 8, 2008 ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Chairman Alderson. NOES: Commissioner Barrows. ABSENT: Commissioner Engle. ABSTAIN: None. 47. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Planning Commission Resolution 2008-005 recommending approval of Site Development Permit 2006-852 as recommended and amended: a. Condition added: The grade elevation shall be reduced as much as possible along the northern boundary. b. Condition added: The landscaping shall be in accordance with new CVWD and City Ordinance and brought back to the Commission for review and approval with a note that there shall be minimum turf on surface sidewalks. d. Condition added: The clock tower eliminated or significantly lowered to 33 feet or not higher than the three story units. e. Condition added: The applicant shall work with staff to attempt to exceed the minimum Title 24 requirements to enhance any energy efficiency elements that are possible. f. Condition added: The Guardhouse shall be brought back to the Commission. g. Condition added: Architectural enhancement shall be added to the Manor duplex units. ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Chairman Alderson. NOES: Commissioner Barrows. ABSENT: Commissioner Engle. ABSTAIN: None. 48. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Planning Commission Resolution 2008-006 recommending approval of Development Agreement 2006-011 as recommended. ROLL CALL: AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioner Engle. ABSTAIN: None. Chairman Alderson recessed the Commission at 10:24 P.M. and reconvened at 10:37 p.m. 660 19 "ldnr ;>,C an coat A t frrrb 9' F t 1 t+ r r I n c � r{ .,_ . �,. 'i a r r .... „ . , ., ' 4; ;, � 7 ATTACHMENT 21 March 24.2008 City of La Quinta Community Development Department 78-495 Calle'l'ampico La Quinta, CA 92253 ( y PAGES ) Re:. Specific Plan 'Amendment VI EdenRock at PGA West' November 5, 2007 Supplemental Letter This supplemental letter has been prepared due to time constraints to revise the Specific Plan Document and highlights the revision items. Due to the reduction of village home town -home units from 128 to 102 and site plan modifications the following table itemizes the Specific Plan Document revisions. Paste # Section Existing SPD November 5, 2007 10 2.2.1 Table 1 290 Units 13 2.2.3 290 Units 16 Table 2 290 7 DU/AC 18 Exhibit 9 Site Plan 18 26 30.9% Open Space 27.9 % Active Main Pool and Clubhouse 19 Exhibit 10 Site Plan with Open Space Exhibit Table 3 Development 27/28 STDS Max Height 33'/43' Clock Tower Number of Stories 3 Open Area 30% Village Home Floor Plan and Unit 32 Exhibit 13 S F. Parking and 33 Requirements 848 Total Spaces Covered 580 Guest 266 2.9 Spaces per Unit 34 Table 4 Parking Summary Village Homes 38 Multi -Family Front Elevation Club Facility Site Planning 39/40 3.2.3 Guidelines 51 4.3 31 % Open Space 28% Active Appendix Tentative Tract Map Exhibits Changes to SPD 264 Units 264 Units 264 6 3 DUlAC Updated Site Plan 28 5% Open Space 30 2% Active 2 Areas with Pools and Spas, No Clubhouse Updated Site Plan with Revised Open Space Calculations 29' No Clock Tower 2 Stories 28 50% Revised Floor Plan and Unit S.F. 756 Total Spaces Covered 477 Guest 279 2.86 Spaces per Unit Updated Parking Summary Village Homes Revised Front Elevation Remove section 28.5% Open Space 30% Active Updated Tentative Tract Map Exhibits ss1 Significant revisions include the rollowing- • Page #18 Open Space Calculation 30.9% open space to 28.5% open space 27.9% active open space to 30 2% active open space 17he clubhouse facilities have been reduced at the main pool area and a secondary pool/recreation area has been incorporated into the project. • Page #27.28 fable 3 Development Standards Max height 33' with 43' clock tower to 29' max height, no clod, tower Number of stories 2 to 3 stories max. • Page #33 Parking Requirements The Village Homes parking has been modified by proposing 2 bedroom units with 1 covered space with a golf can space and 3 or more bedroom units with 2 covered spaces per unit. The parking proposed conforms to the RK Engineering Parking Study of August 14, 2007. 'fire Parking Table on the following page illustrates the proposed parking for the EdenRock project. The revisions stated above will be incorporated into the Specific Plan Document as required in the conditions of approval. Sincerely, t;MA ?? f 1 �ris cnticn t Vice. President 662 EdenRock Specific Plan Modifications Pa-ge # Section Existinq SPD November 5 2007 Changes Required to SPD 10 2.2.1 Table 1 290 Units 264 Units 13 2.2.3 290 Units 264 Units 16 Table 2 290 7 DU/AC 264 6.3 DU/AC 18 Exhibit 9 Site Plan Updated Site Plan 18 2.6 30.9% Open Space 28.5% Open Space 27.9 % Active 30.29% Active Main Pool and Clubhouse 2 Areas with Pools and Spas, No Clubhouse 19 Exhibit 10 Site Plan with Open Updated Site Plan with Revised Space Exhibit Open Space Calculations 27/28 Table 3 Development STDS. Max Height. 33'/43' Clock Tower 29' 6" - No Clock Tower Number of Stories 3 2 Stories Min. Open Area 30% 28.50% 32 Exhibit 13 Village Home Floor Plan and Unit S.F. Revised Floor Plan and Unit S.F. 33 Parking and Requirements 848 Total Spaces 756 Total Spaces Covered 580 Covered 477 Guest 268 Guest 279 2.9 Spaces per Unit 2.86 Spaces per Unit 34 Table 4 _ Parking Summary Village Homes Updated Parking Summary Village Homes 38 Multi -Family Front Elevation Revised Front Elevation 39/40 3.2.3 Club Facility Site Planning Guidelines Remove section 51 4.3 31 % Open Space 28.5% Opens Space 28% Active 30% Active jAppendix Tentative Tract Map Exhibits Updated Tentative Tract Map Exhibits 65t O J CD zz ►_tD �o Wry J J Q t� O CV ink W OZ ja w -J �W V) Q� 0 n N ATTACHMENT 22 (Z PA6-is) s0 O Z O H U w CD 0 w U) w cc N a tj C W c 65S ATTACHMENT #23 MAK 7 r tuna DAVID T. STOWELL RICHARD S. ZEILENGA DAVID C. RUTH JAMES D. VAUGHN ADAM K. TREIGER SAMUEL E. GASOWSKI OF COUNSEL GREGG HOMER CARY W. SPENCER Via E-Mai! and Federal Ernress Mr. Doug Evans Assistant City Manager Development Services City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 STOWELL, ZEILENGA, RUTH, VAUGHN & TREiGER LLP ATTORNEYS AT LAW 7815 TOWNSGATE ROAD • SUITE 330 WESTLAKE VILLAGE CA 91MI TEL. (805) ba6-1496 , FAR. 1605I U -1I90 W W W.SSIIBW COT March 27, 2008 Re: Report Concerning City of La Quinta Resale Rates Dear Doug: Aa LLAL I•o-,. a 499 N CANON DRIVE FOURTH FLOOR BEVERLY HILLS, CA 90210 TEL: 13101 A73-7775 We received the enclosed report today regarding resale turnover rates in the City of La Quints The Real Estate consulting firm used the same data source you referenced in our conference call last week, i.e., Dataquick. As you can see, the Report shows a much more frequent resale turnover rate in the City of La Quints than was previously assumed by City Staff, i. e., once every 3 to 7 years depending upon market conditions, rather than once every 20 years. Based on the enclosed Report, it seems appropriate to conservatively assume an average resale turnover rate of once every 5 years, in evaluating the alternative resale trigger for TOT payments. We have also enclosed the Summary of TOT Revenue, that we previously sent you, comparing the total revenue under the City s annual payment approach and the alternative resale approach. The summary assumes an average resale turnover rate of once every 5 years, in the middle of the 3 to 7 year range shown in the enclosed report (see Report, p. 3), and shows higher TOT revenue for the City with the resale approach for collecting TOT. (Even if the City assumes the extreme end of the range, i.e., once every 7 years for resales, the TOT revenue generated is not significantly different than the amount generated by the annual TOT payment approach.) The Development Agreement could be quickly modified to reflect the resale approach for collecting TOT, if City Staff or the Council so direct. The enclosed Report demonstrates that a wiWwm scenario exists for the City's financial objectives and for the neighboring residents' desire to minimize rentals. It appears that the City can obtain at least the same level of TOT revenue from a resale trigger, rather than from an annual payment trigger, which incentivizes rentals. As you know, the opposition is very much 657 Mr. Doug Evans Assistant City Manager Development Services City of La Quinta March 27, 2008 Page 2 opposed to an annual TOT payment, because they believe that it will unduly incentivize rental activity at Eden Rock. We have reached agreement with Jim Cox's neighborhood group on all issues regarding Eden Rock, except for the annual TOT payment issue, which obviously requires the City's agreement. We believe the attached report, based on objective resale figures from Dataquick, should allow us to bridge this final open issue, in order to achieve 100°/a consensus for the April I' City Council hearing. Best regatds, Richard S. Zelienga For the Fi RSZ:bsm Enclosures cc: Kathy Jenson, Esq. (w/encl. — via e-mail) Les Johnson (w/encl. — via e-mail) Louis Swart (w/encl. — via e-mail) John Pena (w/encl. — via e-mail) Mark Moran (w/encl. — via e-mail) James D. Vaughn, Esq. 653 SUMMARY OF TOT REVENUE PROPOSALS FOR EDEN ROCK 1. Current TOT Proposal By City StatE Initial Payments Manor Homes $3,500/unit x 79 units $ 276,500 Courtyard Homes $3,000/unit x 83 units $ 249,000 Village Homes $2,500/unit x 108 units 270,000 Total 270 units $ 795,500 Annual Payments: Manor Homes $1,400/unit x 79 units $ 110,600 Courtyard Homes $1,200/unit x 83 units $ 99,600 Village Homes $1,000/unit x 108 units 108,000 Total $ 318,200 Total Revenue to City for 10 years = $3,977,500 2. Alternative Proposal Supported by PGA West Residents and Applicant: Initial Payments: Manor Homes Courtyard Homes Village Homes Total Re -Sale Payments: $3,500/unit x 79 units $3,000/unit x 83 units $2,500/unit x 108 units 270 units Same amounts as Initial Payments; assumes units tum-over an average of once every 5 years. TOT Revenue: Assumes 15% of units are rented 25 weeks/yr. at $2,000/week.• Total Revenue to City for 10 years = $ 276,500 $ 249,000 270,000 $ 795,500 $ 158,700/yr. $ 202,500/yr. $4,407,509 *The Actual TOT Revenue assumptions are based on information provided by Dyson & Dyson, and the projection is very conservative because it assumes no rental increases over the 10 year period. No such TOT will be received under City Staffs current proposal because all actual TOT revenue would be credited against the Annual Payments. 639 JOHN(bWkys R,EAL ESTATE CONSULTING 4WD Bemnca Parkway. Suite 250' Imm Celdomu 92604 • Tel. 949-262-3229 • Fea: 949-262-3229 • • -.--FeWataftcowWtiflzwm March 25, 2008 Mr. Louis Swart Swart and Associates, LLC 2001 NW Jasmine Lane Portland, OR 97229 RE: La Quinta Resale Turnover Rate Dear Mr. Swart Enclosed is the report you requested from our firm analyzing the objective Dataquick information for residential housing resale rates in the City of La Quinta. Our report concludes that the worst case (most frequent) scenario —which includes the total housing stock and excludes any potential for rental —is a turnover rate of once every 10.2 years. If we assume a very conservative rental factor of 20% of this housing stock--i.e., rental units are 20% of total housing stock —the turnover rate drops to once over eight years. This rate drops even further to every six years during stronger market conditions. Lastly, the turnover rate for single family detached drops even further to once every three to five years during the strongest market conditions and once every five to seven years during tighter market conditions. Given the size and price point of the proposed product, we are projecting the turnover rate to be more closely aligned with the single family detached turnover rate. Please feel free to contact us with any questions or comments. We would welcome any follow up to this report. Respectfully, Mollie Carmichael Senior Vice President, Custom Consulting John Bums Real Estate Consulting Enclosure !mc 6lt9 JOHN(bBuR.Ns REAL ESTATE CONSULTING 4ow B� Parkway, swte 250 • kviw, Caldaraia 92604 • Tel: 949-262.3228 - Fax: 949-262.3229 - wNw-mdc>dtIX tdltwg. LA QUINTA HOUSING The purpose of this summary is to identify the residential housing turnover for the City of La Quinta (i.e., as identified as zip code 92253). In order to provide the accurate turnover rate for La Quints, we identified the total housing stock as shown on the table below: ----- - — - — - Housing Units: Zip Code 92253 Built 1999 to March 2000: 1,223, Buift 1995 to 1998 _ 2 Buift 1990 to 1994 2,821 Buik 1980 tt 1989 2,725'. Built 1970 to 1979 _- - 1,541' - - Built 1960to 1969-- 424 Built 1950 to 1959 158 Bum 1940 to 1949 —_ 47 sum 1 ss3or earferearler _ 57 611 La Quinta Page Two JoHN(6BvPsNs 11,EAL ESTATE CONSULTING We then measured the total annual sales activity over a seven year period from 2000 to 2007 according to Dataquick. The annual sales activity ranged from 6.4% to 13.0% as a percentage of total housing stock from 2000 to 2001. The resale activity and associated turnover rate also shifted based on the health of the market as shown below. The total turnover rate based on the total housing stock (i.e., 100%) equates to 10.2, or once every ten years. City of La Quints (92263) Total Housing Turnover Year Annual Resales 1 Beg. Housing Units Permits 2 End Housing Units Turnover of 100% Housing Stock 2000 1064 11,849 1,493 13.342 9.0% 2001 1031 13,342 916 14,258 7.7% 2002 1345 14,258 849 15,107 9.4% 2003 1383 15,107 1,395 16,502 9.2% 2004 2141 1 16.502 1,484 17.966 13.0% 2005 2121 17,9W 1598 19,564 11.8% 2006 1709 19,564 1.100 20,664 8.7% 2007 1330 1 20664 456 21,120 6.4% Aver Annual Tumover Rate 9.6% umber of Years in the Home 1 i Turnover Rate 102 (1) New sales are rat incuded as the purpose is to detemdne taw bequanty people sea their home. (2) Assrunin9 Met as are owned urdts. MF is Purely to be owned in to Quints. Source. DeleQukk as of March 20a8, US Cerous Bureau. Census 2000 However, this assumes that all housing stock is for -sale product and that there is no rental occupancy. Conservatively, the table below estimates that 20% of the total housing stock is rental occupancy (i.e., single family detached or multi -family units): City of V Quints (92253) For Sale Housing Turnover Year Annual Resales 1 Beg Housing Units 80% of Housig Units are For- Sale Tumover of 80% For - Sale HousliM 2000 1064 11849 9,479 112% 2001 1031 13 342 10 674 9.7% 2002 1345 14.258 11.405 11.8% 2003 1383 15107 12,086 11.44A 2004 2141 16 502 13,202 16.2% 2005 2121 17 986 14,373 14.8% 2006 1709 19,564 15,651 10.9% 2 007 1330 20.664 16,531 8.0% Average Annual Tumawer Rate 12.3% T Number of Years in the Home 0 / Turnover Rate 8.1 (1) New saws are not kxWed as the purpose Is 10 daiamam how tregmfMy people Sao then home. (2) Asane" that all are owned units. MF is"to be owned In la Quirda. Soars: DaU*d k as of MaMh 2W8, US Census Stew Cams 2M 6 1 2 La Quinta Page Three JOHNQ5BURNs kEAL ESTATE CONSULTING Based on the estimated for -sale housing stock (Le., 8096 of housing stock), the turnover rates ranged from 8.0% to 162% annually. This equates to an overall average turnover rate of every eight years for each estimated for -sale home. This rate drops even further to once every six years during healthier market conditions (i.e., Year 2004). The turnover for single family detached housing equates to an even lower rate. Based on the information provided below by Dataquick, the turnover rate for single family detached housing ranged from 8.6% to 21.5% from 2000 to 2007. This equates to an overall turnover rate of a single family home to once every six years on average over this period. In addition, the single family detached housing rate drops to even lower in the healthiest market conditions to once every four to five years (i.e., year 2000 and 2004). Single Family Detached Turnover Year Single Family Housing Stock Annual Resales Turnover of 1000A Housing Stock 2000 4,060 871 21.5% 2001 4.921 881 17.5% 2002 5,984 1063 17.8% 2003 7,060 1076 L 15.20/0 2004 8.783 1723 19.0% 2005 10,570 1787 16.9% 2006 12,022 1452 12.1 % 2007 13,151 1129 8.6% Average Annual Turnover Rate: 16.1% Number of Years in HomsfumOver. 6.2 Given the larger living area sizes, new product, and higher proposed price point for the subject property, we estimate that the turnover rate is projected to perform more closely aligned with the turnover rates shown for the single family detached turnover shown above. Based on a variety of consumer research over the years, new home product will typically turn over from three to five years during stronger market cycles and five to seven years during tighter market conditions. This can vary by market and buyer profile as well. EXPERIENCE We are committed to helping our clients make the most informed home building industry decisions. Each member of our team is a highly motivated individual who enjoys the challenges and problem solving involved in conducting the strategic planning, market research and market monitoring services that help us provide the best advice to our clients. You can learn more detail about John Bums Real Estate Consulting at www.reatestateconsulting.com. G '73 La Quints Page Two kFAL ESTATE CONSULTING John Burns, President John leads what he considers to be the best consulting firm in the country, emphasizing integrity, continuous improvement and client service. He started his career in 1985 as a CPA and then spent 8 years in KPMG Peat Marwick's Real Estate Consulting practice (now called Bearing Point). He was also a Principal for four years at a national consulting firm before starting our firm in 2001. John has a M.B.A. from the University of California, Los Angeles and a B.A. in economics from Stanford University. John and his wife live in Irvine with their 9-year-old son and 6-year-old daughter. An avid baseball fan, John has attended home games for 28 of the 30 major league baseball teams. Mollie Carmichael, Senior Vice President Mollie has been on the cutting edge of home building industry market intelligence for more than 20 years. She is passionate about guiding strategic decisions with solid consumer and market research designed to maximize profit and minimize risk. Before joining our team, Mollie was Vice President of Sales and Marketing for Lennar, Vice President of Strategic Marketing for Centex Homes, Regional Vice President of Strategic Marketing for Puke Homes I Del Webb, and Vice President of Residential Product Planning for The Irvine Company. Her experience includes strategic planning and business plans, land acquisition strategies, acquisition due diligence, consumer and product segmentation, quantitative and qualitative consumer research, competitive research, home design, community development, tactical media planning, and model and sales office merchandising. 671/ John Burns Real Estate Consulting - Retainer Client Services Page 1 of 1 JOHN15$UI\NS _ ;=$uilding Market Intelligence" Helping executives make informed [r�zE\AL ESTATE CONSULTING = home building industry decisions 1 Home I lTeam I J Imdbgence ' Services I m Newsletters I (?Store 88 us slawaos ' wca slaaa6ca ' conlaa us ' services x Remover Client Retainer Client Se"IC&S For wdertnadw on engaging our savioea on a periodic basis.. yes provide indepandam analysis and advice to cut naavwr tl"iaaa. afro need b know the oarenl and future Maim of tM marks[ o make green decisions. VW coleyt Nd Nalyae comprehensive dole, and IegWny s Cuslom Calsulling kdatect weh emadim and expend hem all geogreoiea Nd d'eWirres. YYe know Our ChNte' needs and ere For iMeemation on Ia awnaized solutions... constantly helpkp erem They are Ideal Wool., priority lat Were Market Meader Each mon1R we help execuUm will decisions te Make In WWft Maeoa tv prwidN local Ought and analysis, ge latest research on trot topics, and g pages of mnpralanaive data and chant an each metro area Local auhconeaetom used o provide addidorsa Ought Very cost<Raclva and priced based N one merger of marked Gonda Holy for more n/o Regional Market Mentor Each month, as tulip regmd w national executives with dechdO is to cede by pnodkng summery anal imlW and analysis as well as a pages of data and Charts on an exam aghmh or all 16 regions of the caner. Contact Holly for more r(o Homo goading Industry Market 001311or D"Wasal or diem %olio Veda stocks and bads. tee Include cur Regional Me" Monior anal aunmhwixe market conditions or eaCh public bhalder eased on Vas geogrepmc bcOhou VW also prONde r"r interaction on make[ conditions. Ws. do not swat in or Opine On xwMiea. ramtact Holly I" more No JMnavers R¢a Eelie Ut5o0mp Irc rd.]a Bdmlw.r"e "Sure 2. Me Ye C...m xfO< OxWZ-x008 Mfn Bums Retl Esbra Cmwfip In, Nlryrcs nser.za http://www.realestatemnsutting.com/Services-aspx Man sro rxvo v sa4aro-lns em�.q _.y.lorsw.ne 3/27/20o8 673 John Bruns Real Estate Consulting - Building Market Intelligence Page I of I JQHNkc- jBUR.JNS Building Market Intelligence" Helping executives make Informed i DEAL ESTATE CONSULTING - home building industry decisions n /I, Nome I �Y1 Team ' 3 1Mellgenoe ' f ServicesI r Newsletter I Yyatore 9A US Statistics ' Local Sbb6a CaVea Us ' Intelligence > Slraleglc Analysts Building Market intelligence - For a complete archive d Strategic insight in car, monthly anads .. U.S. Budding Market Intelligence'" > Local Analysis Economic Fundamental Sopping Away and Mont, in aevmvr Manor 1008 Fare complete archive dour analyses. including /esbvea On all the major mamab rumor EviCence `hat We are m a Fecessl0,i and Month in Reyes February 20M and the WOU data an 300- ma4M"' Economy N:eakemrg are More Rate Cups ran Behind' am North in Remerv_ Jam,ary 2008 > U S Housing Analysis Fora camplate anddve d monlhly analyaaia and the blectdata on apgmiarately 60 national housing medial Stab_. a Community Analysis For rlaighthom our VPa on s caesshW buyding and "King commUnNea.. > Housing Cycle flarameter For coveplete affordability intimation and to see how aflid" y undlidable your market r in wmpadem to da neighbor .. > industry Lmks Have bra soma helpful suggaatians W find what avno you need > Quotes CNBC, CNN, The Wag Street Joumal. ABC Nome Neva Tonight. USA Today and nation turn to us for ktsipN > Upcoming Events k1b regularly spesk et irdusty events. For copies of is praMtaboM. ask . > Data Library & Forecasts Faidombtion used to analyse and forecast rrmMAl OMdNOd6 /a calf More »> Local Budding Market Intelligence^ The Poster "hpd for Housmg Excess The C tY of Manoopo AZ and lets S-al shcs March 2004 Stag a New Company and Local Slahstr_s ran-uary 2C08 Risk of Lower Pnces Woisem anJ Loa• Sun sl Cs Jam"ary 2008 "ore > > Strategic Building Market Intelligence"" A Stra!egy to Navigaw the Housing Cycle December 2007 Deve;op You: Strategy for a Mongage'nduslry a'hutdowo November 2907 Commomcaeon is the Xey o Monagl-g Your efard in a Gownlum CCrober, 2C07 More > Community Building Market Intelligence'" Position Your Product Cffenngs for Success February 2008 Commumty and Home Design Most Appeal b Your T,in el Buyer Push a January 2008 Loot: at Value Through Buyers' Eyes November 2007 Mo. »— loan BwmaeYEoaa CwwMM ,.- - Sapp Bi—Vannay suae Z.,hire C... V. A.1 .. JOM a.,n, nui E[WP COMnexq etc AYry.STr<Mx 9i9E}0.12JJ F N9diC-1 }99 Fina-y.:varw.miir. hup://www.mdesmtwonsulting.com/Intelligence.aspx 3/27/2008 ��j ATTACHMENT #23 MAK A I LUDO DAVID T. STOWELL RICHARD 9. ZEILENGA DAVID C. RUTH JAMESD VAUGHN ADAM K. TREIGBR SAMUEL E. GASOWSKI OF COUNSEL GREGG HOMER CARY W. SPENCER Via E-Mail and Federal Express Mr. Doug Evans Assistant City Manager Development Services City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 STOWELL, ZEILENGA, RUTH, VAUGHN & TREIGER LLP ATTORNEYS AT LAW 2815 TOWNSGATE ROAD • SUITE 330 WESTLAKE VILLAGE. CA 91 MI TEL. 10051 M6-1496 • FAX: I8051 M6-1490 www 82rlaw eom March 27, 2008 Re: Report Concerning City of La Quinta Resale Rates Dear Doug: C"QJtA t 490 N. CANON DRIVE FOURTH FLOOR BEVERLY HILLS, CA 90210 TEL: 13101473-7775 We received the enclosed report today regarding resale turnover rates in the City of La Quinta. The Real Estate consulting firm used the same data source you referenced in our conference call last week, i.e., Dataquick. As you can see, the Report shows a much more frequent resale turnover rate in the City of La Quints than was previously assumed by City Staff, i.e., once every 3 to 7 years depending upon market conditions, rather than once every 20 years. Based on the enclosed Report, it seems appropriate to conservatively assume an average resale turnover rate of once every 5 years, in evaluating the alternative resale trigger for TOT payments. We have also enclosed the Summary of TOT Revenue, that we previously sent you, comparing the total revenue under the City s annual payment approach and the alternative resale approach. The summary assumes an average resale turnover rate of once every 5 years, in the middle of the 3 to 7 year range shown in the enclosed report (see Report, p. 3), and shows higher TOT revenue for the City with the resale approach for collecting TOT. (Even if the City assumes the extreme end of the range, i.e., once every 7 years for resales, the TOT revenue generated is not significantly different than the amount generated by the annual TOT payment approach.) The Development Agreement could be quickly modified to reflect the resale approach for collecting TOT, if City Staff or the Council so direct. The enclosed Report demonstrates that a wintwin scenario exists for the City's financial objectives and for the neighboring residents' desire to minimize rentals. It appears that the City can obtain at least the same level of TOT revenue from a resale trigger, rather than from an annual payment trigger, which incentivizes rentals. As you know, the opposition is very much 677 Mr. Doug Evans Assistant City Manager Development Services City of La Quints March 27, 2008 Page 2 opposed to an annual TOT payment, because they believe that it will unduly incentivize rental activity at Eden Rock. We have reached agreement with Jim Cox's neighborhood group on all issues regarding Eden Rock, except for the annual TOT payment issue, which obviously requires the City's agreement. We believe the attached report, based on objective resale figures from Dataquick, should allow us to bridge this final open issue, in order to achieve 100•/6 consensus for the April 1 °t City Council hearing. I Best rega[ds, Richard S. ilenga For the Fi RSZ:bsm Enclosures cc: Kathy Jenson, Esq. (w/encl. — via e-mail) Les Johnson (wlent. — via e-mail) Louis Swart (w/encl. — via e-mail) John Pe0a (w/encl. — via e-mail) Mark Moran (w/encl. — via e-mail) James D. Vaughn, Esq. 673 SUMMARY OF TOT REVENUE PROPOSALS FOR EDEN ROCK 1. Current TOT Proposal By City Staff: Initial Payments Manor Homes $3,500/unit x 79 units $ 276,500 Courtyard Homes $3,000/unit x 83 units $ 249,000 Village Homes $2,500/unit x 108 units 270,000 Total 270 units $ 795,500 Annual Payments: Manor Homes $1,400/unit x 79 units $ 110,600 Courtyard Homes $1,200/unit x 83 units $ 99,600 Village Homes $1,000/unit x 108 units 108,000 Total $ 318,200 Total Revenue to City for 10 years = $3,977,500 2. Alternative Proposal Supported by PGA West Residents and Applicant: Initial Payments: Manor Homes Courtyard Homes Village Homes Total Re -Sale Payments: $3,500/unit x 79 units $3,000/unit x 83 units $2,500/unit x 108 units 270 units Same amounts as Initial Payments; assumes units turn -over an average of once every 5 years. TOT Revenue: Assumes 15% of units are rented 25 weeks/yr. at $2,000/week.• Total Revenue to City for 10 years = $ 276,500 $ 249,000 $ 270,000 $ 795,500 $ 158,700/yr. $ 202,500/yr. $4,407,500 *The Actual TOT Revenue assumptions are based on information provided by Dyson & Dyson, and the projection is very conservative because it assumes no rental increases over the 10 year period. No such TOT will be received under City Staffs current proposal because all actual TOT revenue would be credited against the Annual Payments. 673 REAL ESTATE CONSULTING 4000 aertmca Parkway. Suite 250.1wiM Caliromia 92M • Tel: 949-262-3228 • For 949-262-3229 • �W^ A=Ma fi acorn March 25, 2008 Mr. Louis Swart Swart and Associates, LLC 2001 NW Jasmine Lane Portland, OR 97229 RE: La Quinta Resale Turnover Rate Dear Mr. Swart: Enclosed is the report you requested from our firm analyzing the objective Dataquick information for residential housing resale rates in the City of La Quints Our report concludes that the worst case (most frequent) scenario —which includes the total housing stock and excludes any potential for rental —is a turnover rate of once every 10.2 years. If we assume a very conservative rental factor of 200/9 of this housing stock--i.e., rental units are 20a/o of total housing stock —the turnover rate drops to once over eight years. This rate drops even further to every six years during stronger market conditions. Lastly, the turnover rate for single Family detached drops even further to once every three to five years during the strongest market conditions and once every five to seven years during tighter market conditions. Given the size and price point of the proposed product, we are projecting the turnover rate to be more closely aligned with the single family detached turnover rate. Please feel free to contact us with any questions or comments. We would welcome any follow up to this report. Respectfully, 1 (Lu D Mollie Carmichael Senior Vice President, Custom Consulting John Burns Real Estate Consulting Enclosure /mc 689 JOHN (bBUR ys ILEAL ESTATE CONSULTING 4000 Bmmr ra Parkway. Suite 250- Irvine, Cal domia 926D4 • Tel: 949-262-3228 • Fax: 949-262.3229 • www rcalc3aaoconsWtio&crrn LA QUINfA HOUSING The purpose of this summary is to idertify the residential housing turnover for the City of La Quinta (i.e., as identified as zip code 92253). In order to provide the accurate turnover rate for La Quinta, we identified the total housing stock as shown on the table below: '_ ._---------------! Mouthing Unite: Zip Code 92253 Total: `— _1,849i Buih 1999 to March 2000 ` 1,223'1 Built Built 1960 to 1969 _I' _-424 Built 1950 to 1959 — 166 Buih 1940 to 1949 _!_�_ 4T Built1939orearlier 1 57 La Quints JOH (bBUP\NS Page Two REAL ESTATE CONSULTING We then measured the total annual sales activity over a seven year period from 2000 to 2007 according to Dataquick. The annual sales activity ranged from 6.4% to 13.0% as a percentage of total housing stock from 2000 to 2007. The resale activity and associated turnover rate also shifted based on the health of the market as shown below. The total turnover rate based on the total housing stock (i.e., 100%) equates to 10.2, or once every ten years. My of La Quints (92263) Total Housln¢ Turnover Year Annual Resales 1 Beg. Housing Units Permits 2 End Housing Units Turnover of 100% Housing Stock 2000 1064 11,849 1493 13,342 9.0% 2001 1031 13,342 916 14.256 7.79 2002 1345 14,258 849 15107 9.4% 2003 1383 15107 1,395 16.502 9.2% 2004 1 2141 1 16,502 1464 17,966gidO%2005 2121 17 9B6 1 598 19 56422 1709 19 564 1100 20.6642007 1330 20 664 456 21 120Ave a Annual Turnover Rate umber of Years in the Home 1 / Turnover Rate (1) New aides are not ktcktded as the purpose Is to detemdne how hecluenay people sell Iheirhome. (2) Asstming 00 at are owned wilts. MF Is likely to be Owned in La Quirda. Source: Detaquick as of M" 2005. US Census Bureau, Caosu6 2000 However, this assumes that all housing stock is for -sale product and that there is no rental occupancy. Conservatively, the table below estimates that 200/9 of the total housing stock is rental occupancy (i.e., single family detached or multi -family units): City of i e Quints (92253) For Sale Housfa¢ Turnover Year Annual Resales 1 Beg. Housing Units 80% of Horning Units are For- Sale Turnover of 80% For - Sale 2000 1064 11.80 9,479 11.2% 2001 1031 13.342 10,674 9.7% 2002 1345 14.258 11,406 11.8% 2003 1383 15107 1 088 11.4% 2004 1 2141 18 502 13 2005 2121 17 B86 4,373 14.8% 2W5 1 1709 1 19,564 1 15,651 10.9% 2007 1330 20.664 1 16,531 8.0% Average Annual Turnover Rate 12.3% Typical Number of Years in the Home 1 / Tumover Rate 8.1 (1) New Was are not prided Be Ne propose is 10 de/amine how aegtsmdy people no Nib name. (2) Assumirp that an are owned writs. W Is nkedy to be Owned In La Qukda. Som dMgadt es of 1larth ZM US Curare aieeeu. Cen ua 2000 G,32 La Quinta Page Three JOHN[5stn vs 1t,EAL ESTATE CONSULTING Based on the estimated for -sale }musing stock (i.e., 80% of housing stock), the turnover rates ranged from 8.0% to 16.2% annually. This equates to an overall average turnover rate of every eight years for each estimated for -sale home. This rate drops even further to once every six years during healthier market conditions (i.e., Year 2004). The turnover for single family detached housing equates to an even lower rate. Based on the information provided below by Dataquick, the turnover rate for single family detached housing ranged from 8.60/. to 21.5% from 2000 to 2007. This equates to an overall turnover rate of a single family home to once every six years on average over this period. In addition, the single family detached housing rate drops to even lower in the healthiest market conditions to once every four to five years (i.e., year 2000 and 2004). Slaote Family nerached Turnover Year Single Family Housing Stock Annual Resales Turnover of 1000/0 Housing Stock 2000 4,060 871 21.5% 2001 4,921 861 17.5% 2002 5,984 1063 17.8% 2003 7.060 1078 1 15.2% 2004 8,783 1723 19.0% 2005 10.570 1787 1 16.9% 2006 12,022 1452 12.1 % 2007 i 13151 1129 8.6 6 Avera a Annual Turnover Rate: 18.1% Number of Years in Hornell umover: 6.2 Given the larger living area sizes, new product, and higher proposed price point for the subject property, we estimate that the turnover rate is projected to perform more closely aligned with the turnover rates shown for the single family detached turnover shown above. Based on a variety of consumer research over the years, new home product will typically turn over from three to five years during stronger market cycles and five to seven years during tighter market conditions. This can vary by market and buyer profile as well. EXPERIENCE We are committed to helping our clients make the most informed home building industry decisions. Each member of our team is a highly motivated individual who enjoys the challenges and problem solving involved in conducting the strategic planning, market research and market monitoring services that help us provide the best advice to our clients. You can learn more detail about John Bums Real Estate Consulting at www.realesuftwnsulting.com. 4 633 La Quints Page Two JOHN(l 5Bvnvs REAL ESTATE CONSULTING John Burns, President John leads what he considers to be the best consulting firm in the country, emphasizing integrity, continuous improvement and client service. He started his career in 1985 as a CPA and then spent 8 years in KPMG Peat Marwick's Real Estate Consulting practice (now called Bearing Point). He was also a Principal for four years at a national consulting firm before starting our firm in 2001. John has a M.B.A. from the University of California, Los Angeles and a B.A. in economics from Stanford University. John and his wife live in Irvine with their 9-year-old son and 6-year-old daughter. An avid baseball fan, John has attended home games for 28 of the 30 major league baseball teams. Mollie Carmichael, Senior Vice President Mollie has been on the cutting edge of home building industry market intelligence for more than 20 years. She is passionate about guiding strategic decisions with solid consumer and market research designed to maximize profit and minimize risk. Before joining our team, Mollie was Vice President of Sales and Marketing for Lennar, Vice President of Strategic Marketing for Centex Homes, Regional Vice President of Strategic Marketing for Puke Homes / Del Webb, and Vice President of Residential Product Planning for The Irvine Company. Her experience includes strategic planning and business plans, land acquisition strategies, acquisition due diligence, consumer and product segmentation, quantitative and qualitative consumer research, competitive research, home design, community development, tactical media planning, and model and sales office merchandising. '- 634 John Burns Real Estate Consulting - Retainer Client Services Page 1 of 1 JOHN45$UN$ Building Market Intelligence" s Helping executives make informed kEAL ESTATE CO'f�w�NSULTING = - home building industry rdecisions gi Home I 4ITeam :9 Intelligence I Services t as Nevrslettem CGGG9999 Us g� , Uical gmyyo, , coop us Services s Retamer Client Retainer Client Services For information on en9e9'ug our "C*611 Oh a Periodic basis. Vye provide independent andyW and advice to our maker choose. ho need to knoe the current and Noun heard, of the manias to main groat decisions. Ws mMU and onalyoe compshenswe dsta. and nsgumriy > Custom Cwlsulhng issomt wrh executives and exports hcm an googrephies and dncbMes. Vge kr oar our dients' needs and are For information on customized adutions.. rxrsidendy hdpig them. They are M the top ofour Priomy lot Male WrkatMontiln Each menar, vie leap axacuWes with decisions m make in sPOOM metros bit Pnvddkg k,cul W ad aM share e. the Island research on hot tOP" and 9 Pages of comprohaneive data end charm W oath metro area Loam wbcunbectors used m provide additional maohL Very cwt<ffective and Priced based on the number of marlaets. Contact Holly for more Info Raglonal Me" M oneor Each month, vn it* regional or national ereoutivss with decisions to make by Providing summery level Insight and analysis as well as a 111119ss of data and Charts on an ansn regain or all to Motors of On country. Contact Hcfly for more m/o Harm nulWlng Industry Mutt Monbw Designed for clients who aside docks and bonds, she Indude Our Regio el What Monitor and wmmenre their mCabw$ Yea dw PVVI" regular ft ket Wndr'wa for each public bdWx based on geo9tapme hteMcaon on market conditions. Wa do not invest in or opbn on securities COnrdct Holly for more Info Joan eums flea E'.. c.-.m w�a000 gamma >9M.>wre 290�inne, c.... 92" O2W2-20011 JnEn Bums F!tl E5b10 c—sII0 tic M ryks nsbvm hq://www.regestatmonsul&g.com/Services.aspx * 9c9.070-1200 F 949 AY1299 Pmacy _e9al enavme' y_. 685 3/27/2008 John Burs Real Estate Consulting - Building Market Intelligence Page 1 of 1 Ji HNk5BUR,NS Building Market Intelligence'" Helping executives make Informed il/\E�AL ESTATE CONSULTING = home building industry decisions .1LHome I del Team ' b Intelligence �^ Services ' r Newsletters I (ipStore Us stANd`:s I l smil o catel IN ' Intelligence > Strategic Analysis Building Market Intelligencen' Fora complete archive of strategic insight In our monthly emada. U.S. Building Market intelligence"" > Local Amalyaie Economic Fundamentals Slipping Away and Monti in Review March 2008 Forst plete archive of cur aMlyaq, feller Evidence `hat We Are u• a Recesson and h1anN in Review Perrot 2008 including fadros on all the major market and the hdaN ON do 700+metros... Economy Weakening Are More Rate Cu•s Far Behlndl and Month in Revew January 2008 > US Housing Anaysis For a complete amhne of monthly eatyses, and the Mut data on appro9mutely eo national hcusinp market Nab... s Community Analysis For nsigmlmm our VPa on suDcs"UIY building and Begins mmmrnidill > Housing Cycle Barometer For dompMd aBordaediy indrradon and to we how afford" / undfmdsbte your market At in comparison 10 ib neighbaa.. > Industry Links Ham are Name helpful suggestion te rod What or who You need . > Quotes CNBC, CNN, The Wall Street Journal. ABC Wont News Tonight USA Today and digron elm to a for his -VIA. More »> Local Building Market IntelligenceTM the Poster :had for Housing Ext ass The C ty of Merl A2 and Local Star sacs March 2009 Start a New Comaany and LOCaI Stahahos. Fern-uary 2C08 Risk of Lower Prices Worsens no Loa Stahstcs January 2008 More> > Strategic Building Markel Intelligence'" A Stra!egy to Navigate The Housing Cycle December 200/ Develop Your Strategy for a Mortgage Industry Shutdown, No✓emher 2007 Commumcation is the Key zo Manag,-g Your Brand To a Downturn October 2007 More > > Community Building Market Intelligence"a coupon Your Product CJOenngs Tor Success Perri 2008 s Upcoming Events Community and Home Design Must Appeal to Your Target Buyer Profue January 2008 YYe regularly speak N Industry events. For apkd W Ourpmsenlatloru, Bak . Look at Value Through Buyers' Eyes November 200➢ > Data Library & Forecasts More »> For ndrmagon used to anelym and forecast market CoMida for our.. - Jilin avers Reid Esiae Camspeq.li" IM a9nanca VaAnry, SWe 2W hme Ctltlwna 92EW P Tsyo. 20ne ben 8..1... yTT.. cwu-.-ro rrE .,...—d -9oazo-rzaa vase;c-iz9a sine:'level oa urns, http://www.realestater,onsulting.com/IntelUgence.aspx 3/27/2008 COVERED SPES AGQ UV 2SPACES�PER ff U UNICS . 2 R166 COVERED SPAC[g OF RR. P OF IINf(5 / OF COVEAFD / aY f:4E.5i SPACE "'—""•'" TYPE } PLAN SPACFB /ON DRIVEWAY) PLAN 2 ° 3 14 4 PLAN a 3 14 SUITTWAL �T4 rr .`�M+r / OF COr£pE0 P OF GUEST SPACE 6 OF "Mix 1%H RR. 2 Of PLAN AT 3 3 7 7 3O 14 6 2 PUN TA 3 14 a svermu —W _T7- P OF COVERED { OF GUEST SPACE PLAN IXf IXR 3 13 66 2 PUN A3 3 7 14 TOTAL COURTYARD HOMES w In T9 MA" ii0ME8 COVERED SPACES (ww;i) •PVO BEDROOMS 2 COVERED SPACES PER UNIT •THREE OR MORE BEDROOMS 7 COVERFO SPACES PER UNIT 74 UNBS x 2 =158 CMIFREO SPACfs P OF WARM P OF GUEST SPACE OLAN R 3 _..... 2 0 PLAN SUBNiAL ; 79 79 m V&- AGE ^MRFD SPACES DGARAGQ • TWO BEDROOMS 5 COVERED SPACES PER UMT -THREE OR MORE BEDROOMS 2 COVERED SPACEv PER "Na 178 UNIM r 2 -256 COVERED 5PACY5 rim r.•o 1 PLAN IA 2 1/ 17 PLAN IN 2 17 17 TUN Ic 2 17 V PLAN SPA 1 17 Ps PUN 20 3 17 3A PUN 3A 3 17 34 ..+9:iidi�lEY 1 RIDG M P OF COVERED P OF GUEST SPACE .P.4E UNRS .—SEtLCEa._ /ON DRTVEWAI P PPAAMNG WEST CAURIYPRO EIQYES 83 165 if, ]I MANOR HOMES 19 158 :Y6 St VILLAGE HOMES 102 153 0 83 TOTAL -'jw T77 74 qp9 TOTAL NUMBER OF 4n TOTAL NUMBER OF GIRST PARARJG 279 GRAND TOTAL PROVIDED 756 (756 SPACES/264 UNNSm1.88 SPACES PER LRit1') 603