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2008 01 08 PCF City of La Quinta mho 4 Planning Commission Agendas are now available on the City's Web Page OF @ www.la-guinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California JANUARY 8, 2008 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2008-001 Beginning Minute Motion 2008-001 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR Approval of the Minutes of the Regular Meeting of December 11, 2007. a,ja- 001 PUBLIC HEARINGS: For all Public: Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) 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 at, or prior to the public: hearing. A. Item .................... CONTINUED — SITE DEVELOPMENT PERMIT 2007-896 Applicant ............. Coachella Valley Recreation and Park District (CVRPD) Location .............. Southeast quadrant of Jefferson Street and Avenue: 58 (on Bureau of Reclamation property). Request ............... Consideration of Phase 1 (6.2 acres of 253 total acres) Development Plans (Passive Public Park, Trails, and Interpretive Center) for the "Coral Mountain Discovery Park." Action ................ Request to Table B. Item .................... DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT GENERAL PLAN AMENDMENT 2006-107 ZONE CHANGE 2006-127 SPECIFIC PLAN 83-002, AMENDMENT 46 TENTATIVE TRACT 33226 SITE DEVELOPMENT PERMIT 2006-852 DEVELOPMENT AGREEMENT 2006-011 Applicant ............. Pacific Santa Fe Corporation/Crowne Pointe Partners, LLC. Location .............. 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 Request ............... 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; �. 002 3. Specific Plan 83-002, Amendment #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 32266, 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-feet, 6-inches 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: Action ................ Resolution 2008 , Resolution 2008- , Resolution 2008- , Resolution 2008-_, Resolution 2008- Resolution 2008- VI. BUS114ESS ITEM: A. Item .................... CONSIDERATION OF A SCHEMATIC DESIGN PACKAGE FOR THE SILVERROCK CLUBHOUSE Applicant ............. City of La Quinta Redevelopment Agency Location .............. Southwest corner of Jefferson Street and Avenue 54 Request ............... Consideration of a schematic design package for the SilverRock Resort Clubhouse. Action ................ Recommendation to the Redevelopment Agency VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Review of City Council meeting of December 18, 2007. IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on .January 22, 2008, at 7:00 p.m. a., 001 DECLARATION OF POSTING I, Betty J. Sawyer, Management Assistant of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, January 8, 2008 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, on Friday, January 4, 2008. DATED: January 4, 2008 445Y . SAWYER, 1Vlanagement Assistant 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 777-7123, 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 Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background materials is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. .J,,, 0 0 �t PH #A MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: PLANNING DEPARTMENT DATE: JANUARY 8, 2008 SUBJECT: REQUEST FOR SITE DEVELOPMENT PERMIT 2007-896 - APPLICANT: COACHELLA VALLEY RECREATION AND PARKS DISTRICT REQUEST: CONSIDERATION OF PHASE 1 (6.2 ACRES OF 253 TOTAL ACRES) DEVELOPMENT PLANS (PASSIVE PUBLIC PARK, TRAILS, AND INTERPRETIVE CENTER) FOR THE "CORAL MOUNTAIN DISCOVERY PARK" LOCATION: SOUTHEAST QUADRANT OF JEFFERSON STREET AND AVENUE 58 (ON BUREAU OF RECLAMATION PROPERTY) REQUEST FOR CONTINUATION: This item was originally advertised for the meeting of November 27, 2007. Because the City had not received an ownership signature from the Bureau of Reclamation, owners of the property, in time for the hearing the matter was continued to the December 11, 2007 meeting. On December 11, the applicant requested a continuation of the application to this meeting to allow them additional time to review the recommended conditions of approval. The applicant is still reviewing the Conditions and in an e-mail requested that this item be tabled until they are ready to proceed. Staff will meet with the applicant to discuss the conditions should they wish to. Staff have no objection to this request to table consideration of the application. RECOMMENDATION: Remove request from agenda and table Site Development Permit 2007-896. Transmitted by: Stan SavGa, Principal Planner P:\Reports - PC\2008\1-8-08\sdp 2007-896 cvrpd\sdp 2007-896 pc rpt - table request.doc U J PH #B STAFF REPORT PLANNING COMMISSION DATE: JANUARY 8, 2008 CASE NO'S: DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT GENERAL PLAN AMENDMENT 2006-107 ZONE CHANGE 2006-127 SPECIFIC PLAN 83-002, AMENDMENT #6 TENTATIVE TRACT 33226 SITE DEVELOPMENT PERMIT 2006-852 DEVELOPMENT AGREEMENT 2006-011 REQUEST: CONSIDERATION OF THE EDEN ROCK AT PGA WEST APPLICATION REQUESTS: 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, ON ±42 ACRES; 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 ON ±42 ACRES, A 7,122 S.F. RECREATION BUILDING WITH A 32 X 70-FOOT COMMON POOL AND 43', 6" CLOCK TOWER FEATURE, AND A PRIVATE ENTRY GATEHOUSE; AND 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 .1p. 009 HOTEL/RESORT SITE TO RESIDENTIAL, FOR THE ANTICIPATED POTENTIAL FOR LOST REVENUE(S) ASSOCIATED WITH DEVELOPMENT OF THE EDEN ROCK PROJECT LOCATION: 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 (ATTACHMENT 1) APPLICANT/ PROPERTY OWNER: PACIFIC SANTA FE CORPORATION / CROWNE POINTE PARTNERS, LLC. ENGINEER: MDS CONSULTING LAND PLANNER: GMA INTERNATIONAL ARCHITECTS: SCHEURER ARCHITECTS ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS COMPLETED A DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (SCH # 2007061056), UNDER ENVIRONMENTAL ASSESSMENT 2005-562. THE DOCUMENT HAS BEEN PREPARED AND CIRCULATED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GENERAL PLAN: (EXISTING) TOURIST COMMERCIAL (TC); ±42 ACRES ZONING: (EXISTING) TOURIST COMMERCIAL (CT); ±42 ACRES GENERAL PLAN: (PROPOSED) RESORT MIXED USE (RMU); ±42 ACRES ZONING: (PROPOSED) TOURIST COMMERCIAL/RESIDENTIAL SPECIFIC PLAN OVERLAY (CT/RSP) .O,u 007 BACKGROUND: SITE BACKGROUND 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 square feet 0 20 KSF) of resort commercial uses, and a 20-acre commercial center, all on approximately 1,665 acres. Four amendments to the 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 (3, 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 tabled by the City Council on April 18, 2006, with no action taken. This Amendment proposed, to divide a 2.5 acre parcel on the south side of PGA Boulevard, between Jack Nicklaus and Weiskopf private roadways, into three single-family lots. The tentative map proposal was denied due to access and open space issues with respect to the property's intended single-family use. A Plot Plan approval was granted for the 1,000-room hotel site (Plot Plan 89-413) on June 27, 1989. 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. Currently, the PGA West Specific Plan area is almost completely developed, with the exception of 15-20 scattered 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 exist within PGA West. This project had previously been scheduled for Planning Commission review on April 24, 2007. However, due to issues raised with respect to traffic impact analysis data and concerns raised by the applicant based on PGA West community opinion, it was determined that a Supplemental Draft Environmental Impact Report (DEIR) should be prepared for the project. This DEIR was advertised for a public review period commencing on November 16, 2007 and concluding on January 2, 2008. m,� 00,3 PROJECT REQUEST Proposal The applicant proposes several development applications to subdivide +42 acres into a condorninium subdivision of 290 (revised from 292) duplex, triplex and multi- family residential units referred to as Eden Rock at PGA West (Attachment 2). The project will include a 1.35 acre recreation amenity lot, with a 7,122 square foot Garden House (i.e. clubhouse), with common area pool and a 43' 6" high clock tower. To accomplish this, a General Plan Amendment (GPA) Zone Change (ZC) and Specific Plan (SP) have been filed, requesting a re -designation of the site from Tourist Commercial to Medium Density Residential land use and zoning designations. Staff subsequently recommended to the applicant a modification to this request, which will be discussed in more detail. 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 transition of the previously approved hotel and resort uses, to a resort residential use. Subsequent to submittal of the original applications, the total unit count was revised to 290, based upon staff recommending to the applicant the removal of the second floor Manor units 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 change. Prior to this revision being made, it was determined the DEIR would be prepared based on the original proposal of 292 units. 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 (Attachment 3). The applicant's original request was to change the site from Tourist Commercial (TC), to Medium Density Residential (MDR). However, based on subsequent analysis of the site's designation for resort hotel use, and the proposed resort residential use, staff, with the applicant's concurrence, modified the request to apply the Resort Mixed Use (RMU) land use designation as set forth in the General Plan (Attachment 4). 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 Medium Density Residential IRK. In order to maintain consistency with the General Plan, a zoning designation of , V . n03 Tourist Commercial/Residential Specific Plan (CT/RSP) is proposed. The RSP overlay designation is intended for use with a specific plan or amendment thereto, for the purpose of applying flexible land use regulations in 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 uses and development standards for the Eden Rock project, which lies in Planning Area III as designated in the PGA West Specific Plan (Attachment 6). The Amendment is therefore focused on Planning Area III provisions, and the development standards for Eden Rock are incorporated based on the plans as proposed. This amending document to the PGA West Specific Plan has been prepared to specifically address the Eden Rock site alone. Minimal references to the overall Specific Plan occur, except 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 update the build -out status of PGA West and eliminate outdated and unnecessary references, giiven the build -out condition of PGA West. Tentative Tract Map 33226 The tract map application is proposed to subdivide the ±42 acre site into 97 single-family/condominium residential lots, one recreation lot, and several common open space and street lots (Attachment 7). The tract map boundaries are the same as the project site. Each residential lot is designed for one of three housing types: Courtyard, Manor and Village Home designs; these are discussed in detail under the Site Development Permit section. The Courtyard lots are intended to accommodate individual fee ownership duplex structures, with the Manor and Village units more of a condominium design, with multiple units and buildings per lot. The Courtyard units have been found to have potential lot line and Building Code conflicts. Staff has been working with the applicant to address this such that any necessary revisions at plan check can be accommodated through approval 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 and the lot pads terraced as the site elevation drops north -south. There is one: main access point from 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 that provides access to Spanish Bay and the Stadium Course Rublic Clubhouse. Street "C" is a short main entry road, specifically designed to provide 010 access to Eden Rock through the main gate and transition between the interior private street: network and PGA Boulevard. As part of the project, the existing golf cart path connection between PGA Boulevard and the Stadium golf course will be realigned, from PGA Boulevard west along the north project boundary at the Oak Hill terminus, and southeasterly along the project's north boundary, where it will reconnect with the existing path near the comfort station west of the driving range. PGA Boulevard is a private street that has essentially been designed to a Primary Arterial standard, 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. As a result, no bike paths, trails, landscaped setbacks and similar improvements are specifically designated by the City for PGA Boulevard. All improvements for this roadway 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 has a six foot sidewalk along its east side, running south from Jefferson Street 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, a Garden House (recreational clubhouse) will be incorporated, along with an entry gatehouse. The siting of these units is intended to orient higher density internal to the project. The Courtyard Homes are one and two-story designs and are sited around the south and west project perimeter (i.e. PGA Boulevard), the Manor Homes are one and two-story units arranged along the northern Stadium Course boundary of the site, and the Village units are two and three-story unit designs, clustered in the center of the site with the Garden House/clock tower feature, 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. The latest building plans show the building heights range from 17 feet, 5 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 .a.0 oil 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 Homers — 128 multiple attached units, in eight structures of 16 units each. All eight structures will incorporate the same plan layouts (Attachment 11). There are eight floor plans, ranging in size from 1,090 to 2,464 square feet. Of these eight plans, there are three single -story, three two-story and two three-story plans. The building height of each structure is 33 feet, four inches, from finish grade to highest ridge: line of the third story. Only Plans "B" and "F" will have third story elements, which are single rooms and account for approximately 12.5% of the total roof area. Without the third -level room the highest two-story ridge is shown as 27 feet, four inches. Each unit will have a two car garage. Garden House — 7,122 square feet of building area, which will house a Great Room, exercise and billiard rooms (Attachment 12). The facility consists of a complex of smaller structures joined by patios and trellis covers, with the exception of a 477 square foot stand-alone pool locker building. The main roof ridge line of the Garden House structures is 24 feet 11 inches at its highest point. The focal feature of the Garden House is a four story clock tower that reaches to 43 feet six inches in height. This feature has patio viewing levels on the first three floors, with the functional clock and internals located within the fourth level. Entry Gate Flouse — This is a 500 square foot structure, located in a center island at the entry with a porte cochere treatment over one entry lane and one uncovered entry lane of 20 feet in width (Attachment 13). The entry gate itself also has two storage enclosures consisting of 208 square feet each, within the small shed and gable -roofed structures at either end. This design reflects some minor modifications made at the request of the PGA West Master Association, subsequent to Architecture and Landscape Review Committee (ALRC) review. The architectural modifications are primarily materials and cosmetic related, and are not structural. Revised lane geometrics were also requested for the entry, which have been reviewed by Public Works and Fire. The overall architecture of the Eden Rock project reflects elements of Spanish, Mediterranean and Tuscan influences. The rooflines utilize shed and gabled design .ku, 01?, primarily, with some hip and turret -style elements. There are ornamental rafter tails, and all roofs will be covered with a concrete S-tile. 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, vinyl doors and 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, including the Garden House. All of these plans have been included as a set in the Planning Commission review packet in both large and 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 general 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 Stree:tscape, 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 the areas identified by 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 mainly to match and blend with the existing streetscape improvements, while incorporating a more unique but compatible landscape design for the entry. Garden House Landscaping: This plan illustrates the landscape concept for the Garden House site. Beyond the indoor amenities of the Garden House, the site provides exterior recreational features, including an open courtyard with a fire pit and water feature, a main pool (approximately 32' x 70') with kid's pool, spa and cabana structures, and a combination pond/stream water feature. 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. p�. 017 Development Agreement 2006-011 During the course of completeness and pro1ect reviews, discussions with the applicant focused on the City's fiscal concerns about losing the potential for 1,000 hotel rooms and 100,000 square feet of associated resort commercial, and requested information from the applicant in regards to the viability of hotel use on the site. 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 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 of the site is infeasible, based in part to competition and location advantage associated with the SilverRock Resort. 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. As a result of these issues, the City has proposed the implementation of a Development Agreement (DA) with Eden Rock, intended to offset the loss of Transient Occupancy Tax (TOT) revenues due to development of the site as residential. In the context of the PGA West Specific Plan, incorporation of the CT/RSP zoning designation for the site in the Specific Plan Amendment specifies 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, to financially offset the conversion of the original hotel/resort site to residential use. 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 DEAR 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 (Attachment 15) are being addressed and incorporated into the Final EIR document, which will ultimately be presented to the City Council for their consideration. The Planning Commission also received copies of the DEIR in advance of the project review materials distributed for this meeting. .0.0, 0 1. t HISTORIC PRESERVATION COMMISSION On May 18, 2006, the City's 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, 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, HPC policy has been to require 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 subject to monitoring of the site for resources. Staff has incorporated those Conditions of Approval. and archaeological evaluation reports, both archaeological and paleontological measures adopted by the HPC into the SENATE BILL18 (SB 18) CONSULTATION REVIEW The General Plan and Specific Plan Amendment applications require that 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, SIB 18 is not linked to CEQA review, and the consultation process had been concluded prior to NOP distribution. As a result, tribes may comment on the DEIR at their discretion and those comments would be addressed in the Final DEIR ,X%, 015 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 the revised plans that are part of the Planning Commission review materials, including the revised one- story Manor plan for the northwest site area, but all ALRC recommendations have been reiterated in the project conditions. The applicant has provided the most recent plans, with respect to the wall and gatehouse designs, based on concerns from the PGA West HOA. The revisions are not architecturally substantial and the latest plans have been provided for review. PUBLIC NOTI The proposed project was initially advertised in the Desert Sun newspaper on ,April 13 2007. Subsequently, further issues were identified that necessitated tabling consideration of the project, with the determination that a Draft Subsequent Environmental Impact Report (DEIR) would be prepared. The Notice of Availability for the Draft Subsequent EIR was published in the Desert Sun newspaper on November 16, 2007. The proposed project was advertised in the Desert Sun newspaper on December 15, 2007. All property owners within PGA West were also 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 HOA's in PGA West. To date, numerous comments have been received by the City regarding this project, dating back to 2005 when the project was originally announced by the developer and submitted for preliminary review. 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 comments from residents on this project, stemming from the April 24, 2007 Planning Commission hearing notice, as well as the hearing notice published for tonight's meeting. All written comments received from both hearing notices have; been attached (Attachment 17). Additional comments which are received prior to the meeting but not included in this report, will be presented to the Planning Commission. It should also be noted that the applicant has held several community meetings with the PGA West homeowner groups (Attachment 18), the latest 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, while the Planning Commission is required to 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. 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 SEIR 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 EIR and any information in the public record. Such a written statement is called a Statement of Overriding Considerations (SOC), which will need to be prepared for the Eden Rock project relative to impacts associated with cumulative traffic -related impacts. The SOC is not part of the EIR and will need to be adopted by the City Council. 0.17 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 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 that the developer investigate other potential options for development of the property, including a combined residential/boutique hotel. The intent was 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-farnily residential, condominium development, as well as uses designated under the TC land use designation. ZONE CHANGE 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 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. This maintains the commercial basis of the TC zoning, while allowing resort residential uses. In the context of the PGA West Specific Plan, incorporation of the CT/RSP zoning designation for the site in the Specific Plan Amendment specifies that residential use of the site is permitted with approval of a Development Agreement, to ensures that a funding mechanism is in place to financially offset the conversion of the original hotel/resort site to residential. SPECIFIC PLAN AMENDMENT The PGA West Specific Plan is currently approved under the last Amendment (Amendment No. 4) to the document. The proposed Amendment No. 6 document has been prepared to address only the Eden Rock site, and references the.o ' n,18 Amendment No. 4 document as applicable to the remaining Specific Plan area, which is considered built out. The Amendment No. 6 document 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 4,052. While the buildout unit total will be well under this number, this figure maintains consistency with Amendment No. 4 of the overall Specific Plan. 2. Revisers 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. The westernmost ±23-acre portion of Planning Area III is designated Low Density Residential on the City's General Plan, and Tourist Commercial in the current PGA West Specific Plan (Attachment 18). 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. It has been determined that the underlying Tourist Commercial designation of the Specific Plan is consistent with the General Plan, based on the uses in place; and stated in the PGA West Specific Plan. Density - The Eden Rock project will introduce two and three-story buildings, at an overall project density of just under seven units per acre. PGA West was originally approved at an overall density of approximately 3.5 units/acre (gross) and 5.3 units/acre excluding golf course and other non-residential lands (net). Given that the actual buildout unit count is about 50% of the original 5,000 units approved, the actual net density is approximately 2.7 units/acre However, if net density assignments are made to these existing condominium areas, actual net densities range higher, up to approximately seven units per acre, on average. Depending on unit type and location, certain areas are higher. For example, the Greens units, which are predominantly 6 and 8-plex structures located in Tract 21846, in the northwestern portion of PGA West, are as dense as 11.5 units per acre in some locations. The Legend and Champions units, which are older duplex and four --unit condominiums developed by Sunrise, are about 7.2 units per acre, depending on location. The Eden Rock proposal has net densities of 6.5 for the Courtyard Homes, 7.8 for the Manor Homes, and 14.3 for the Village Homes. Given the distance and separation of the perimeter Courtyard and Manor homes from existing residential areas, the density of these two products does not constitute a significant inconsistency in density with existing variations in outlying residential areas. The proposed project has been designed to locate the three-story Village units to the center of the site, away from existing residential development. Furthermore, the proposed project is somewhat isolated from existing development by the Stadium golf course, clubhouse and driving range facilities, as well as PGA Boulevard. This represents a buffered condition that does not exist elsewhere within PGA West, as the site was originally designed as a resort hotel, specifically situated with the intention for commercial development while recognizing the general impacts of a commercial :site on surrounding residential areas. 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 at least 350 feet away. The third -story element of Eden Rock is at least 500 feet from any existing residential, and the clock tower is approximately 880 feet from the closest residential unit. The proposed project will be a departure from the predominant single-family residential character within PGA West. However, 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. Staff does not consider the density of the overall project, as designed and sited, to have any significant land use impact to outlying residential areas. It will be a more compatible land use than what could be developed under the existing designations for the site under the PGA West Specific Plan as presently constituted. It appears that concerns with the height of the project could be perceived as a density issue. A reasonable and viable modification that the Planning Commission may want to consider for discussion would involve a combination of two alternatives identified in the Draft SEIR. This would require removing the second story unit from Manor unit buildings along the north perimeter, substituting the single -story design provided for the northwest portion of the site. This would reduce the number of Manor units by 15 units, with an overall unit count of 277. The second aspect of the modification would remove the third story, single -room element of the Village home product. This would achieve a net reduction in the overall project density and address the building height issue, while accomplishing several project objectives and maintaining economic feasibility for the project. However, as stated in the Alternatives section of the Draft SEIR, these modifications would primarily address aesthetic concerns and would not achieve further significant reduction in impacts identified with the Eden Rock project as proposed. It is important to note that the Planning Commission and City Council do have discretionary authority to mandate a lesser density or intensity than what is proposed. TENTATIVE TRACT MAP Traffic Impacts - While the DEIR states that the Eden Rock project will generate drastically reduced traffic characteristics than the current approved resort hotel uses for the site, the traffic analysis is necessary to demonstrate the impact of the Eden Rock project in context of a new project proposal, in accordance with CEQA requirements. The study identifies four major intersections for evaluation, based on v,U' R2r) their likelihood to be most impacted by Eden Rock project traffic: ➢ Washington Street and Avenue 50 Jefferson Street and Avenue 50 ➢ Jefferson Street and Avenue 54 ➢ Madison Street and Avenue 54 Analysis of these four intersections was based on the City's established criteria for the preparation of these studies under Engineering Bulletin 06-13, The study identified that the project traffic, combined with existing traffic, would have a significant impact to the intersections at Madison Street/Avenue 54, and 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 buildout traffic as projected under the La Quinta General Plan (Post 2020 General Plan condition). 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 to the buildout circulation system. As a result, specific improvements have been identified at each of these three intersections, which when implemented would reduce these impacts to less than significant levels: INTERSECTION PROJECT + EXISTING PROJECT + POST 2020 GP IMPROVEMENT IMPROVEMENT Jefferson/50 None Traffic lane improvements (6.6%)' Washington/Avenue 50 None Traffic lane improvements (0.9%)' Jefferson/54 Install traffic signal None (39.4%)2 Madison/54- Install traffic signal None (0.1 %)2 Not identified in City Development Impact Fee Program - improvement timing/funding undetermined Applicant to contribute fair -share percentage based on Project + 2020 condition 2 Identified in City Development Impact Fee Program. Applicant required to install signal, to be reimbursed, less contributing percentage shown, based on Project + 2020 condition As noted, the improvements needed to mitigate impacts to the Washington Street/Avenue 50 and Jefferson Street/Avenue 50 intersections are not presently addressed in the City's DIF or any other program. The applicant is being required to fund their fair -share percentage of the cost of these improvements, and has been working with Public Works to ascertain the improvement costs to determine that percentage. If the City is unable to procure the balance of the funding for these future improvements, significant cumulative impacts may result at these intersections. Although the cumulative traffic mitigation measures proposed for a3 lI ' ll 21 Eden Rock would 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. As the City cannot with absolute certainty guarantee funding for the remaining percentage improvements, it is necessary that the City Council adopt a Statement of Overriding Considerations as part of the SEIR adoption process. Staff envisions these improvements may be considered for inclusion in an upcoming Development Impact Fee (DIF) update, or as part of the Capital Improvement Program in the future. Grading - The site grading terraces the building pads, at lower elevations as the site slopes to the; south. Along the north perimeter, the Manor unit pads are generally set at about 0.5 feet below the existing elevation at the upper limits of the Stadium golf course edge. The proposed realigned golf cart path connecting PGA Boulevard and the Stadium course is set below this edge, undulating vertically along its course, from up to about six feet below the adjacent Manor pads. There are some interfaces that reflect transitions between significant grade differentials, such as that shown on Site Section F-F (Attachment 19), which may not be desirable. These grade transitions, particularly between the Village and Manor unit lots, are severe enough to require staggered stairs (between Lots 90 and 91, and at Lot 95) to connect the pedestrian pathways between these units. The grade variations range from 9-12 feet along this slope, and the Village unit pad grades are generally about ten feet below those of the Manor units located along the north portions of the site. While they serve to mitigate the height of the village units, staff recommends that this slope differential be reviewed during mass/rough grading and be reduced as much as possible. Courtyard unit lot lines - The Courtyard units have recently been confirmed to have Building Code issues, due to conflicts with the unit footprints in relation to lot line locations. 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 approval conditions. 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 hearing. The project architect and City Building and Safety Department have been conferring on this matter. This appeared initially to primarily be a plotting discrepancy, and there are several options the developer can pursue which would either affect the tentative map to some degree, or affect the Courtyard architectural design. Staff's primary concern is that the lot line revisions necessary to maintain the project architecture, may trigger a requirement for a new tentative map. At the time of publishing this report, the issue is still under study, and if it can be resolved through conditions of approval, then those will be presented at the hearing for consideration. Presently staff has addressed this concern as part of Condition 90, which can be revised at 022 the hearing pending further consideration of the issue. SITE DEVELOPMENT PERMIT Common Open Area - A key concern of staff with respect to the overall design of the site is functional and usable open space, due to the project density. The project design does incorporate open space based on the requirements for common open area in the Zoning Code. A total of about 30.7% common open area is provided, which does 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 Garden House facility and the pedestrian paths in his active recreation calculation of 27.9%, based on the recreational potential as a walking and jogging trail. This exceeds the proposed Specific Plan Amendrnent standard of 25%, and includes two areas proposed north of the Village homes which could serve as small activity areas. The applicant has agreed and is conditioned to provide plans for active recreation amenities within these areas. The applicant has provided exhibits which illustrate open space areas in the project and show that up to 118 units will have enough private open space to potentially accommodate private pools, which would help to limit demand on the common area pool and associated facilities. Parking - The applicant has revised the project parking, based on a unit total of 290. The total proposed parking of 848 for the project designates 174 available on - street parking and 74 spaces within driveways of the Manor and Courtyard units as residential quest parking. There are 164 golf cart spaces in the Manor and Courtyard units, which are not included in parking counts. It should be noted that the DEIR 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 staff analysis doers not count the 74 driveway spaces toward comparing the total parking provided, in order to maintain a consistent comparison with the Zoning Code requirements, which do not address guest parking in driveways. However, they have been identified in the Specific Plan and project plans The project proposes two car garages for both two and three -bedroom units, whereas the Zoning Code requires three covered spaces for bedrooms of three or more for multi family and condominium projects. The Courtyard units, as attached duplexes, require only a two -car garage even though they are mostly three bedroom unfits. Overall, based on the Code, the project is deficient by 127 covered spaces. The applicant also submitted a parking analysis, which relies on a survey of Coachella Valley cities, Institute of Transportation Engineers and County of Riverside standards. The study shows that the project would require an average of 633 spaces (Attachment 20). Staff calculations from the parking analysis indicate 688 total spaces on average and have used that higher figure below for comparison. The comparisons in the table below indicate the parking required by the City, that provided by the project, and the total average based on the o,� 023 applicant's analysis. The applicant also submitted a separate parking analysis for the Garden House. Covered Guest Residential Total Average space/unit Garden House Project Total LQMC 707 104A 811 2.78 52 863 Eden Rock 580 174E 754 2.6 20c 774 RK study ' ---- ---- 688 2.37 20c 708 A Guest parking not required for Courtyard units B Does not include 74 proposed Manor and Courtyard driveway spaces c From RK Garden House parking study, 8/14/07 Based on unit type averages presented. Covered and uncovered not identified. The residential study indicates that La Quinta parking standards are more restrictive than those of other Valley cities, similar to analyses done on other multi -family projects. When the City reviewed parking for the Wolff Waters affordable housing project at Clune Palms and Avenue 48, it was determined that 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 Code -required residential parking ratio for the overall Eden Rock project is 2.78, while the applicant's parking study indicates a 2.37 ratio. It is staff's opinion that an overall parking ratio of 2.60 for this project will be adequate to serve residential parking demand for this project, even with exclusion of the 74 designated driveway parking spaces from consideration. For the Garden House, the City does not have a general clubhouse parking standard. The applicant provided staff with a study of their perceived parking needs against the Code requirement of one space/150 square feet for health clubs and spas, which is the closest reasonable standard available. This requires 59 spaces based on the total Garden House building and pool areas. The applicant proposes 20 spaces, based on 75% of residents being within a 600-foot radius, or a three minute walk of the facility. Staff concurs with the study recommendation, with the requirement that the applicant provide some parking areas for golf carts around the Garden House, as the outlying Manor and Courtyard units will include covered spaces for golf carts and may rely on them for those trips. As the project provides a two car garage for each of the 290 units, adequate parking for each residential unit will be provided for. Currently, the City does not require three; covered spaces for single-family units. The Courtyard and Manor units are more similar to single -attached units than multi -family. Use of parking along the private street system for guest parking allows for 174 spaces throughout: the project, where 104 are required. Conditions will require that 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. Based on review of the applicant's two parking analyses, staff is satisfied that the project will provide adequate park'wng. The Garden House is anticipated to need minimal parking as it is centrally located to the residential areas of the project and well within walking distance. 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 18, 17 and ultimately to 12 feet from curb line. 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 that 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 must be reviewed to ensure consistency with the ALRC recommendation. Aesthetics -- The character of the proposed project is different from that which currently exiists 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. 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 that these views are not visually prominent. The Garden House incorporates a clock tower feature at the northwest portion of the Great Room building (Attachment 21). The feature is intended to represent a community identity and gathering area, and is the tallest structural point in the project, at four stories and 43' 6" in height. The Specific Plan calls out the height as 43 feet, and states that this feature does not constitute a fourth story, as it v.n n�5 contains mechanical equipment and provides no usable floor area. The City's Zoning Code contains a similar provision for height, but not for additional story projection. As this is a Specific Plan document, it does provide flexibility to the applicant in proposal of development standards. Staff does not see an issue with handling the story height in this manner. The Aesthetics section of the DEIR includes a visual simulation study to show views into the site toward the clock tower. While several of the view studies in the DEIR are oriented toward the clock tower, there is no indication that the clock tower would be visible from outside the project site. However, staff believes that the height of this feature should be reduced to a 40-foot maximum. This will still afford views of the tower within the site, as it willl still be more than six feet taller in relation to the highest roof p6nts of the surrounding Village units. Based on ALRC review and recommendation, the applicant has incorporated an alternative single -story design for the Manor Home product. 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 and drops the unit count to 290, As stated previously in the discussion on density considerations, staff has also suggested in this report that the Planning Commission could consider expanding use of this duplex plan to the remaining Manor units on Lots 84, 86 and 88, which would drop the total project unit count to 277 units. DEVELOPMENT AGREEMENT Staff is recommending the 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 the Specific Plan Amendment approval, the DA is required to be incorporated into the final Specific Plan Amendment document. It should be noted that the DA has been prepared based on the original unit count of 292 units for the project application. It will be revised prior to presentation to the City Council, based on the revised unit count of 290, or any further modification thereto, as may be recommended by the Planning Commission. The DA sets an initial mitigation fee for each unit type, to be made on a per -unit basis upon first close of escrow. It also requires that each unit will pay Development Impact Fees (DIF) as a residential unit, The City Declaration of CC&R's will require that the HOA monitor rentals through a rental tracking system to ensure that TOT is paid annually for short term rentals (under 30 days). Any TOT paid during the annual period would be credited against the annual 'TOT mitigation fee as charged. The proposed Development Agreement, including the City Declaration of CC&R's, has been attached as part its respective adopting Resolution. 026 STATEMENT OF MANDATORY FINDINGS: Findings for each case associated with the staff -recommended decision on this project have been made, and can be found in each of the attached resolutions. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2008- , recommending approval of General Plan Amendment 2006-107, and subject to the attached findings. 2. Adopt Planning Commission Resolution 2008 recommending approval of Zone Change 2006-127, and subject to the attached findings. 3. Adopt Planning Commission Resolution 2008 recommending approval of Specific Plan 83-002, Amendment No. 6, subject to the attached conditions. 4. Adopt Planning Commission Resolution 2008- , recommending approval of Tentative Tract 33226, subject to the attached conditions. 5. Adopt Planning Commission Resolution 2008- , recommending approval of Site Development Permit 2006-852, subject to the attached conditions. 6. Adopt Planning Commission Resolution 2008- recommending approval of Development Agreement 2006-011. 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 1 1 . Village Homes — Floor Plans/Elevations 12. Garden House - Floor Plan/Elevations 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 0'7 17. Responses to PC Hearing Notices for 4/24/07 and 1 /8/08 18. Homeowner meetings list 19. Site Section F-F 20. Parking Comparison from RK Engineering Parking Study 21. Clock "Tower Elevation Prepared by: Wallace Nesbit, Principal Planner 02,9 PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL 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 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 a recommendation to the City Council for approval of a General Plan Amendment, to allow a 290-unit residential condominium project, including a guard gatehouse and recreation complex, 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 Amendment have been filed concurrently with a Zone Change, Specific Plan Amendment, Tentative Tract Map, Site Development Permit and a Development Agreement and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Department has prepared a Draft 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 public hearing notice in the Desert Sun newspaper, on the 15' day of December, 2007, as prescribed by the Municipal Code, with public hearing 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, Planning Commission Resolution 2008- General Plan Amendment 2006-107 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 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 Planning Commission did make the following mandatory findings to justify a recommendation of approval of the General Plan Amendment: 1 . The laind 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 parcel size, 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 surrounding the site, will not significantly impact quality of life for area residents. The revised project application for a 290- unit residential condominium development of one to three stories in height, are not determined to be a detriment to the community, when compared to the 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 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 6.93 units per acre is comparable to existing residential development within PGA West, which, when based on net density, ranges approximately between four to seven units per acre throughout several areas of the PGA West 6 1. Planning Commission Resolution 2008- General Plan Amendment 2006-107 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 Specific Plan. 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 imposed for the PGA West project in 1984, for the Eden Rock site, 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 Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend to the City Council approval of General Plan Amendment 2006-107, as referenced in the title of this Resolution, and illustrated in EXHIBIT "A", attached to this Resolution, for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 81h day of January, 2008, by the following vote, to wit: �_,i n3i Planning Commission Resolution 2008- General Plan Amendment 2006-107 Eden Rock at PGA. West - Pacific Santa Fe Corporation January 8, 2008 AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California ,0.0 ( 032 PLANNING COMMISSION RESOLUTION 2008- EXHIBIT "A" EDEN ROCK AT PGA WEST "TC" "RMU" GPA FROM "TC" TOURIST COMMERCIAL TO "RMU" RESORT MIXED USE -41.95 AC. GPA 2006-107 933 PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ADDING THE RESIDENTIAL SPECIFIC PLAN OVERLAY TO THE TOURIST COMERCIAL ZONING DISTRICT 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.: ZONE CHANGE 2006-127 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8`h day of January, 2008, hold a duly -noticed Public Hearing to consider a recommendation to the City Council for the approval of adding the Residential Specific Plan Overlay to the Tourist Commercial Zoning District, to allow a 290-unit residential condominium project, including a guard gatehouse and recreation complex, 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, Zone Change 2006-127 has been filed concurrently with a General Plan Amendment, Specific Plan Amendment, Tentative Tract Map, Site Development Permit and a Development Agreement and in whole represents the development: permit application for the project as contemplated; and, WHEREAS, the Department has prepared a Draft 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 public hearing notice in the Desert Sun newspaper, on the 15`h day of December, 2007, as prescribed by the Municipal Code, with public hearing 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, .a.O' 034t Planning Commission Resolution 2008- Zone Change 2006-107 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 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 Planning Commission did make the following mandatory findings to justify a recommendation of approval for the Zone Change: 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 parcel size, 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 #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 290- unit residential condominium development consisting of one to three stories in height, are not determined to be a detriment to the community, as determined in the Supplemental 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, similar to other projects such as La Quinta Resort and Club, and the Centre Pointe development. 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 6.93 units pre acre is comparable to existing residential development Planning Commission Resolution 2008- Zone Change 2006-107 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 within PGA West, which, when based on net density, averages approximately between four to seven units per acre throughout several areas of the PGA West Specific Plan. 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, 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 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 Planning Commission of the City of L.a Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend to the City Council approval of Zone Change 2006-127, as referenced in the title of this Resolution and illustrated in EXHIE3IT "A", attached to this Resolution, for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 8`h day of January, 2008, by the following vote, to wit: ,®,rj, 03� Planning Commission Resolution 2008- Zone Change 2006-107 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California .a.0: 03? PLANNING COMMISSION RESOLUTION 2008— EXHIBIT "A" EDEN ROCK AT PGA WEST "CT/RSP" ZONE CHANGE FROM "CT" TOURIST COMMERCIAL TO "CT/RSP" TOURIST COMMERCIAL/RESIDENTIAL SPECIFIC PLAN OVERLAY--- 41.95 ACRES ZC 2006-127 n;, q PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, (RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDMENT NO. 6 TO THE PGA WEST SPECIFIC (PLAN TO ALLOW A 290-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.: SPECIFIC PLAN AMENDMENT 83-002, AMENDMENT NO. 6 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 a recommendation to the City Council approving a Specific Plan Amendment, to allow a 290-unit residential condominium project, including a guard gatehouse and recreation complex, on ±42 acres, located within the PGA Vilest 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 Amendment have been filed concurrently with a General Plan Amendment, Zone Change, Tentative Tract Map, Site Development Permit and a Development Agreement and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Department has prepared a Draft 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 public hearing notice in the Desert Sun newspaper, on the 15" day of December, 2007, as prescribed by the Municipal Code, with public hearing notices mailed to all property 039 Planning Commission Resolution 2008- Specific Plan Amendment 83-002, Amendment No. 6 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 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 Planning Commission did make the following mandatory findings to justify a recommendation of approval of the Specific Plan Amendment: 1. 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 parcel size, 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 290-unit residential condominium development consisting of one to three stories in height, are not determined 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 n�7 Planning Commission Resolution 2008- Specific Plan Amendment 83-002, Amendment No. 6 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 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 6.93 units per acre is comparable to existing residential development within PGA West, which, when based on net density, ranges approximately between four to seven units per 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 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. The Resort Mixed Use designation 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 Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend to the City Council approval of Specific Plan Amendment 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 Planning Commission, held on this the 8`h day of January, 2008, by the following vote, to wit: AYES: NOES: 041 Planning Commission Resolution 2008- Specific Plan Amendment 83-002, Amendment No. 6 Eden Rock at PGP, West - Pacific Santa Fe Corporation January 8, 2008 ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California 0�2 PLANNING COMMISSION RESOLUTION 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 83-002, AMENDMENT #6 EDEN ROCK AT PGA WEST JANUARY 8, 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 Planning Area III, as previously established in the provisions of Specific Plan 83-002, Amendment No. 4 as approved. The provisions of Amendment #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 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 In the: event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. .0• 043 Planning Commission Resolution 2008- Specific Plan 83-002, Amendment #6 - Crowne Pointe Partners, LLC Eden Rock At Pga West January 8, 2008 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 in conformance with the following: A. The conditions of approval for SP 83-002, Amendment No. 6, TT 33226, and SDP 2005-562 shall be incorporated into the Specific (Plan document as appendices. B. Table 3, Page 27 - Revise the Maximum Structure Height for the clock tower, from 43 feet to 40 feet, consistent with the corresponding Site Development Permit condition. C. Exhibit 13, Page 32 shall be revised to show the Private Street as 29 feet in width, consistent with TT 33226. D. Page 33 references the January 24, 2007 RK Engineering parking study as an Appendix. This study shall be incorporated into the document appendices, along with the RK parking study dated August 14, 2007, for the Garden House parking analysis. E. 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. ®,U/ (fit(( Planning Commission Resolution 2008- Specific Plan 83-002, Amendment #6 - Crowne Pointe Partners, LLC Eden Rock At Pga West January 8, 2008 F. Additional appendices shall be incorporated into the Specific Plan ,Amendment document, as follows: • 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 #4 document (SP 83-002, Amendment #4), as approved October 3, 2000 045 PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SUBDIVISION OF A 42-ACRE PARCEL INTO A 290-UNIT RESIDENTIAL CONDOMINIUM 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: PACIFIC SANTA FE CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8`h day of January, 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 290-unit residential condominium project, including a guard gatehouse and recreation complex, 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 Amendment have been filed concurrently with a General Plan Amendment, Zone Change, Specific Plan Amendment, Site Development Permit and a Development Agreement and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Department has prepared a Draft 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 public hearing notice in the Desert Sun newspaper, on the 15`h day of December, 2007, as prescribed by the Municipal Code, with public hearing notices mailed to all property n46 Planning Commission Resolution 2008- Tentative Tract Map 33226 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 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 Planning Commission did make the following mandatory findings to justify a recommendation of approval of the Tentative Tract Map: 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 6.93 units per acre is comparable to existing residential development within PGA West, which, when based on net density, ranges approximately between four to seven units per acre throughout several areas of the PGA West Specific Plan. Q' 047 Planning Commission Resolution 2008- Tentative Tract Map 33226 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 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. 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 considiered 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. Planning Commission Resolution 2008- Tentative Tract Map 33226 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend to the City Council 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 8`h day of January, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 GENERAL 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 two years after City Council approval, 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). 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.org. 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: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit • Planning Department n$q PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 • 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. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et 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 (11 acre or more of land, or that disturbs less than one 01 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.corn 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. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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: A. PRIVATE STREETS (OFF -SITE) 11 PGA Boulevard (Arterial, 110' and 120' ROW) - No additional 052 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 private street dedication is required. B. PRIVATE STREETS (ON -SITE) 1) 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, and 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 Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width where double loaded. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parkin( is prohibited, and 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. 4) Street 'E', 'F', 'G', 'H' and 'I' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36- foot travel width where double loaded. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, and 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. C. Emergency Turn Around for Street 'E', 'F', 'G', and 'H'. 11 The turn around shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and/or The Riverside County Fire Department. The proposed handle bar design utilizing the street and Village Home . 053 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 Driveway shall be approved by the Riverside County Fire Department. 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. 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. 1 1 . 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. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 14. The applicant shall offer for dedication those easements necessary for the placernent 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. This includes verification of off -site grading and drainage acceptance authorization as provided by letter to the City, dated 4/2/07, from CNL Desert Resorts, L.P. 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 for existing easements over the proposed tentative tract map that may be affected by proposed improvements. Pursuant to this condition, the applicant shall apply for the street vacation of Airport Drive and 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 Airport Drive right of way within 45 days of City Council approval of this tentative tract map. 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.) 055 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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. 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 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 siidewalks). B. REQUIRED PROJECT FAIR -SHARE IMPROVEMENTS (OFF -SITE PUBLIC STREETS PER RK Engineering Group, Inc. Traffic Impact Study) 1) Madison Street at Avenue 54. 050 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 a. The applicant shall design and install the traffic signal at the Madison Street/Avenue 54 intersection. Applicant shall enter into a SIA to post security for 100 % of the cost to design and install the traffic signal prior to issuance of an on -site grading permit; the security shall remain in full force and effect until the signal is actually installed by the applicant. The applicant shall pay into the Development Impact Fee (DIF) Study applicable at time of building permit issuance to install the traffic signal with an eastbound right turn overlap phase on Avenue 54. The applicant shall have executed a DIF Agreement with the City of La Quinta within 60 days after entitlement. 2) Jefferson Street at Avenue 54. b. The applicant shall design and install the traffic signal at the Jefferson Street/Avenue 54 intersection. Applicant shall enter into a SIA to post security for 100 % of the cost to design and install the traffic signal prior to issuance of an on -site grading permit; the security shall remain in full force and effect until the signal is actually installed by the applicant. The applicant shall pay into the Development Impact Fee (DIF) Study applicable at time of building permit issuance to install the traffic signal with an eastbound right turn overlap phase on Avenue 54. The applicant shall have executed a DIF Agreement with the City of La Quinta within 60 days after entitlement. C. FUTURE PROJECT FAIR -SHARE IMPROVEMENTS (OFF -SITE PUBLIC STREETS PER RK Engineering Group, Inc. Traffic Impact Study) 11 Washington Street at Avenue 50. a) The applicant shall pay his fair -share for improvements to install a second southbound left turn lane, a second eastbound left turn lane, a second west bound through lane, and a westbound right turn overlap phase. The amount of the applicant's fair share for the above mentioned improvements shall be as approved by the City Engineer and PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 the applicant's contribution is as enumerated in the approved Draft Subsequent EIR under Section 11.0 Transportation, Traffic, Parking and Circulation. 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 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 and the applicant's contribution is as enumerated in the approved Draft Subsequent EIR under Section 11.0 Transportation, Traffic, Parking and Circulation. 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 feet travel width with parking restricted to one side, and 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 at gutter flow line to gutter flow line shall have a 36-foot travel width where double loaded. The applicant shall establish provisions for ongoing enforcement of the parking restriction in the CC&R's, which shall be reviewed by the Engineering Department prior to recordation. 4) Street 'E', 'I", 'G', W and 'I' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28- foot travel width with on -street parking prohibited, provided there 058 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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. 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. Emergency Turn Around for Street 'E', 'F', 'G', and 'H'. 11 The turn around shall conform to the shape shown on the tentative tract map except for revisions as may be required by the City Engineer and/or The Riverside County Fire Department. The proposed handle bar design utilizing the street and Village Home Driveway shall be approved by the Riverside County Fire Department. 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 ®J 059 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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 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 3.0" a.c./4.5" c.a.b. PGA Boulevard 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 untill mix designs are approved. 069 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS 01: APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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 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. 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. 30. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the .8.00 061 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 provisions of Section 13.24.040 (Improvement Plans), LQMC. 31. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans riot listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 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 berming design in the combined parkway and landscape setback area, specifically, for the section north along PGA Boulevard from the project main entry. 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. 062 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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. "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. 32. The City maintains standard plans, detail sheets and/or construction notes for 063 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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. 33. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 34. 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 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 35. 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. 36. 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. 37. 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. 06t PLANNING COMMISSION RESOLUTION 2008- CONDITIONS 01: APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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 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. 38. 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 in the first phase: of construction or by the issuance of the 20% Building Permit or the 24"' Building Permit. Per the RK Engineering Traffic Impact Study dated October 30, 2007, the traffic signals at the Jefferson Street/Avenue 54 and Madison Street Avenue 54 intersections shall be operational before the project opening date or as required by the City Engineer. 065 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS 01: APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 39. 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. GRADING 40. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 41, 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. 42. 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 fi.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 066 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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. 43. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 44. 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. 45. 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. .m.J, Qsw PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 46. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 47. The applicant shall address minimizing the grade differentials between Lots 85, 87, 89 and 90-96 as part of the initial grading plan submittals. 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. 49. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall cause a focused 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. DRAINAGE 50. Stormwater handling shall conform to the approved hydrology and drainage report for PGA West Development and as modified for this Tentative Tract Map. 51. 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. 52. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 53. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief 063 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDE TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 route. UTILITIES 54. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 55. 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. 56. 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. 57. 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 58. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 LANDSCAPE AND IRRIGATION 59. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 60. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 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. Final landscaping and irrigation plans shall be prepared by a licensed professional landscape architect, shall be reviewed by the Architecture and Landscaping Review Committee, and approved by the Planning Director 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 compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. 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 63. 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. 64. 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. 65. Proposed landscape palettes for all landscape components of the project shall be consistent with the master palette included in Specific Plan 83-002, Amendment #6, and shall not include tree species which can generate excessive 070 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 green waste, such as Bottle Trees, Crape Myrtle, Jacaranda, etc. as appropriate. 66. 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, 5`h Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private street right-of- way. 67. The final landscape plans shall reflect a significant effort to reduce the use of turf areas in all landscaping, common and private. PUBLIC SERVICES 68. 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 69. 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. 70. 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. 71. 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. 72. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 73. Any turn -around requires a minimum 38-foot turning radius. 74. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 75. 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. 76. 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. 77. 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. 78. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building matehal being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 79. 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 80. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 81. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POIN1fE PARTNERS. LLC JANUARY 8, 2008 82. 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. 83. 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 84. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 85. 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 86. 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. 87. 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 290 units is 2.436 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 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 concurrently with recordation of the first final map within the tentative map. 88. 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)• 89. Provisiions 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. 90. 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. 91. 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). PLANNING DEPARTMENT 92. Revisions to the tentative map during plan check including, but not limited to, lot lime 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 and/or substantial conformance 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. 93. 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 #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). .o '1 �7t, PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 94. 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 within the tentative map area. In addition, the CC&R's shall incorporate provisions as set forth in Development Agreement 2006-011. 95. Building heights, setbacks, parking and other development standards shall be in compliiance 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 #6 and Site Development Permit 2006-852. 96. 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. 97. Applicant shall provide options for active recreational use amenities to the Planning Department for review and approval, to be located in the larger common open areas adjacent to the northern Village units, as delineated on the approved Open Space Exhibit. ARCHAEOLOGY 98. 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. 99. 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. 100. 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. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 101. 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. 102. 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. 103. If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Community Development Department shall be notified immediately. PALEONTOLOGY 104. 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 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 City prior to issuance of first earth -moving permit, or before: any clearing of the site is 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 Community Development Department for its review and approval. Any resource removed from the site shall be properly documented and curated. 105. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 invertebrates and vertebrates. 106. 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. 107. 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. 46 , 077 PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF 'THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF DESIGN GUIDELINES TO ALLOW THE DEVELOPMENT OF A 290-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: PACIFIC SANTA FE CORPORATION 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 a recommendation to the City Council approving design guidelines to allow a 290-unit residential condominium project, consisting of 83 Courtyard duplex units, 79 Manor triplex units, and 128 Village multi -family type condominium units, including a guard gatehouse and recreation complex, on i 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 Amendment have been filed concurrently with a General Plan Amendment, Zone Change, Specific Plan Amendment, Tentative Tract Map, and a Development Agreement and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Department has prepared a Draft 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 public hearing notice in the Desert Sun newspaper, on the 15`h day of December, 2007, as prescribed by the Municipal Code, with public hearing notices mailed to all property .v..f! 0 7� Planning Commission Resolution 2008- Site Development Permit 2006-852 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 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, the La Quinta Architecture and Landscaping Review Committee, at their meeting on the 7`h 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 Planning Commission did make the following mandatory findings to justify a recommendation of approval for the Site Development Permit: 1 . 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 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 290-unit condominium 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 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 2006-011, that ensures a funding mechanism to be in place, to 0 7, Planning Commission Resolution 2008- Site Development Permit 2006-852 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 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. 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 Draft Subsequent Environmental Impact Report #2007061056 (Draft 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 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 *� 080 Planning Commission Resolution 2008- Site Development Permit 2006-852 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 compatible with surrounding PGA West development as a limited access, private residential community. 6. Site Development Permit 2006-852 landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials is designed so as to provide 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 Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend to the City Council 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 Planning Commission, held on this the St' day of January, 2008, by the following vote, to wit: AYES: fL i 43 ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: 081 Planning Commission Resolution 2008- Site Development Permit 2006-852 Eden Rock at PGA West - Pacific Santa Fe Corporation January 8, 2008 LES JOHNSON, Planning Director City of La QUinta, California 08,) PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 C,FNFRAL 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 two years after City Council approval, unless granted a time extension pursuant to Title 9 of the La Quinta Municipal Code 1:§9.200.080; Permit expiration and time extensions). 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 #6 • Tentative Tract Map 32266 • Development Agreement 2006-011 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) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 C 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 around the Garden House and at various locations in the development. 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. G. A minimum of a 5-space bicycle rack shall be provided in an appropriate location at or near the Garden House 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. •_ J 08x PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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. DRAINAGE 8. 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. 9. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 10. Nuisance water shall be retained on site. Nuisance water shall be disposed of as required for Tentative Tract Map 33226 UTILITIES 1 1 . The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. All utility requirements of Tentative Tract 33226 shall be applicabNe as appropriate to this Site Development Permit approval. CONSTRUCTION 12. 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 08,, PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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 13. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 14. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 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, shall be reviewed by the Architecture and Landscaping Review Committee, and approved by the Planning Director 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 compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. 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 086 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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, 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, 5"' 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. 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 clot 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 13/1313/13D Standard. If required, sprinkler plans will Og; PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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, 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 tiime of issuance of building permit(s). 088 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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 711.4). 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 #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). 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 commion 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 #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 PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC JANUARY 8, 2008 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 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. 43, 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. 44. Village cluster buildings shall be sited so as to provide some increased landscaping setbacks along streets E, F, H, I, and J, as widened to 29-foot ROW. 45. The central clock tower feature shall be limited to a maximum height of 40 feet. 46. Applicant shall provide options for active recreational use amenities to the Planning Department for review and approval, to be located in the larger common open areas adjacent to the northern Village units, as delineated on the approved Open Space Exhibit. 47. 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. 48. 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. 099 PLANNING COMMISSION RESOLUTION 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY APPROVAL OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CROWNE POINTE PARTNERS, LLC, RELATING TO DEVELOPMENT PLANS FOR A 292-UNIT CONDOMINIUM PROJECT OF 83 ONE AND TWO-STORY DUPLEX UNITS, 81 ONE AND TWO-STORY TRIPLEX UNITS, AND 128 TWO AND 'THREE-STORY 16-PLEX UNITS, TO INCLUDE A 7,122 S.F. RECREATION CLUBHOUSE COMPLEX CASE NO'S: DEVELOPMENT AGREEMENT 2006-011 APPLICANT: PACIFIC SANTA FE CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8`h day of January, 2008, hold a duly -noticed Public Hearing to consider to consider a recommendation to the City Council for approval of a Development Agreement, to allow a 290-unit residential condominium project, including a guard gatehouse and recreation complex, 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 Applications have been filed concurrently, and in whole represent the development permit application for the project as contemplated; and, WHEREAS, the La Quinta Planning Department has prepared a Draft 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 public hearing notice in the Desert Sun newspaper, on the 15`h day of December, 2007, as prescribed by the Municipal Code, with public hearing 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, 091 Planning Commission Resolution 2008- Development Agreement - Pacific Santa Fe Corporation January 8, 2008 WHEREAS, the La Quinta Historic Preservation Commission, at their meeting of May 18, 2006, reviewed the archaeological and paleontological resources surveys associated with the Applications, and adopted a Minute Motion recommending approval of these surveys to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, the La Quinta Architecture and Landscaping Review Committee, at their meeting of February 7, 2007 reviewed the development plans for the Applications associated with Site Development Permit 2006-852, and adopted a Minute Motion recommending approval to the Planning Commission, subject to staff -recommended conditions as modified; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify a recommendation of approval for the proposed Development Agreement: The proposed Agreement is consistent with the La Quinta General Plan and Municipal Code, based on the proposed Applications for Eden Rock. 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, will designate the project site within the PGA 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 292-unit condominium 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 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 2006-011, that ensures a funding mechanism to be in place, to financially offset the conversion of the original hotel/resort site to residential. 2. The proposed Development Agreement is compatible with the uses and regulations as stipulated for the Resort Mixed Use (RMU) land use and Tourist Commercial/Residential Specific Plan (TC/RSP) zoning and overlay districts, as it ensures that residential use of the site will only be permitted with approval of a Development Agreement that ensures a funding 09,2 Planning Commission Resolution 2008- Development Agreement - Pacific Santa Fe Corporation January 8, 2008 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 would financially offset the conversion of the original hotel/resort site to residential. 4. The 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. 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 292-unit residential condominium development of one to three stories in height, are not determined 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. The 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 resortt hotel, conference center and 100,000 square feet of resort retail. 6. The 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- �' 0y3 Planning Commission Resolution 2008- Development Agreement - Pacific Santa Fe Corporation January 8, 2008 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ls Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend to the City Council approval of the Development Agreement, as referenced in the title of this Resolution, for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 8`h day of January, 2008„ by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California C9r RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quirata 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") F-10 CROWN POINTE PARTNERS, LLC ("DEVELOPER") 882/015610-0096 798896. 05.01/04,08 '0 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 96, approved by City Council Resolution No. , on _ (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 by City Council Resolution No. (collectively, the "EIR"); (iii) approved General Plan Amendment 2006-107, on , 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 , by City Council Resolution No. ("TTM 33226"); and (vi) approved Site Development Permit 2006- 852, on 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 ninety-two (292) resort units, as further described herein (the "Proi. ect"). E. Consistent with Section 9.250.030 of the La Quinta 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 882/015610-0096 _ 798896. 05.01/04/08 -2 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 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 if their Unit fails to generate specified levels 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)-(j) 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 `13. 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 21001), et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On approving this Agreement. 882,015610-0096 798896.05 a01/04/08 the City Council adopted its Ordinance No. -3- 097 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 798896.05 a01/04/08 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, "Mew 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 that do not include all or any portion of the Site without obtaining the consent of Developer. 892,015610-0096 _ 798896.05.01/04,08 -� a� 09g 2.2 'Project Components. 2.2.1 The Project shall consist of two hundred ninety two (292) resort units (each, a. "Unit" and collectively, the "Units") and related amenities. The Units shall be constructed as follows: 0) Approximately one Hundred Twenty -Eight (128) of the Units (the "Village Homes") shall be constructed in eight (8) structures containing sixteen (16) 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 one- and two-story duplex structures. (iii) Approximately eighty-one (81) of the Units (the "Manor Homes") shall be; constructed in two-story triplex structures, with each such structure containing two (2) ground floor Units and one (1) upper floor Unit. 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) 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 ninety-two (292) 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-eight (58) 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 enacted or amended thereafter, so long as they are applied to the Project in a nondiscriminatory manner. 881/015610-0096 798896.05 01/04/08 -6- .0. 1 o g 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 terms 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, however, that the phasing plan for the Project shall be as established in TTM 33226 and SDP 2006-852. 882/015610-0096 _ 798996 05 A 1 /04/08 7 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 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 882,015610-0096 _ 798896.05 a01/04/08 _g 1U� Department of Real Estate ("DRE") refuses to approve the OCRs 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 Burn 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 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 982,015610-0096 n_ 798896.05 a01/04/08 �3 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 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 892/015610-0096 _1 0_ 798896. 05.01/04/08 102 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. 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. Ifany 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 882,015610-0096 -11- 798896.05 a01 /04/09 105 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 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. 882/015610-0096 -12- .�� / 798896.05 a01/04/08 or- 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 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 Project 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. 882/015610-0096 -13 798896.05 .01/04/08 -10 7 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 terns 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 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 terms 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. 882/015610-0096 -1 n`f- 798896.05 a01 /04/08 10g 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. 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 882/015610-0096 798896.05 All 04/08 -15- s 1 03 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 Maieure. 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 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 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the 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. 882/015610-0096 -16- 798896.05 a01!04/08 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. 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 882,015610-0096 1 7_ 798896.05 a01 04,09 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. 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 882/015610-0096 798896,05 a01/0408 1!� 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 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. 892,015610-0096 _19- 798896 05 a01 /04/08 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. 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 &f 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 799896,05 a01 /04/08 -20- .0 �l_t 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: Veronica J. Montecino City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 882/015610-0096 799896.05 a01/04/08 —21 _ •�� 11:� 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. Signature State of California County of_ On (Seal) 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. (Seal) 89J015610-0096 798896.06 eovoaroa -22- �� lit 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: 882,015610-0096 998896 05 a01 /04/08 117 EXHIBIT °B" CONDITIONS OF APPROVAL 882M 15610-0096 798896.05 a01/04/08 S. 113 EXHIBIT "C" MITIGATION MONITORING PROGRAM 882/015610-0096 798896.01 a01/04/08 ,! ' 119 EXHIBIT "D" CITY DECLARATION OF CC&RS 88"015610-0096 798896.05 .01/04,08 EXHIBIT "E" COMPLIANCE CERTIFICATE 981/015610-0096 798896,05 a01/04/08 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 Quetta, a California municipal corporation (the "City"), by his/her signature below hereby certifies to the City, for the City's reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. 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 13 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 , under penalty of perjury under the laws of California. 882/015610-0096 798896.Oi a01/04,09 By: Its: -I- 122 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. —).] 882'015610-0096 798896.05 a01/04/08 2- 123 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 ANI) A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED.] 982,015610-0096 798896.05 a01/04/08 -3- EXHIBIT "F" ASSIGNMENT AND ASSUMPTION AGREEMENT 882/015610-0096 _ 798896.05 a01/04/08 _1 125 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 (Excmpt 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 (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 882/015610-0096 798896,05 a01/04/08 -1 12E 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 981,015610-0096 _ 798896.05 a01/04/08 _2 .6. 1 G 7/ 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. 882/015610-0096 798896.05 a01 /04108 [SIGNATURE PAGE FOLLOWS] -3- IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" By: Its: 882,015610-0096 ]98896.05 01/04/08 -4- "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] 1�9 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 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. 882,015610-0096 798896.05 a0l/041/08 -5- (Seal) .130 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: 982/015610-0096 798896.05 a01/04,09 -6- 0 1 31 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 Recorder's Office Use Only) (Exempt from Recording Fee per Gov. Code § 27383) 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 799454.04 a01/04/08 -1- 132 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 ninety-two (292) resort units (each, a "Unit," and collectively, the "Units"), and related amenities. The Units are described as follows: (i) Approximately One Hundred Twenty -Eight (128) of the Units (the "Village Homes") shall be constructed in eight (8) structures containing sixteen (16) 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 two-story duplex structures. (iii) Approximately eighty-one (81) of the Units (the "Manor Homes") shall be constructed in two-story triplex structures, with each such structure containing two (2) ground floor Units and one (1) upper floor Unit. 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 Conditioner 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 terns 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 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 881,015610-0096 _ 799454.04 e01/04/08 2 10' � 33 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 Planning 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 151 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 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"); 891/015610-0096 799454. 04 a0VO4/08 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 I" 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 Is` of the previous year. The first such adjustment shall occur on the first November I" 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 tern 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. 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 892,015610-0096 -4- 799454.04 a01,04,08 135 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 Running 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 799454.04 a01 /04/08 5. .Assessment Appeals. Developer agrees on behalf of itself, and on behalf o1' 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 882/015610-0096 -6_ 0ti 799454. 04 a01/04 �08 137 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 Maieure. 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. 882/015610-0096 799454.04 a01/04/08 t� 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 term 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 881,0156100096 79945404 a01i0408 -g_ 0, 139 construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Declaration. 7.13 Severability. 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 799454.04 n01 /04/08 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 City Manager "DEVELOPER" Its: 882i015610-009b _ I o_ 799454.04 a01i04108 B. State of California County of -- MR before me, (here insert name and title of the officer) Notary Public, 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. State of California ) County of ) On before me, (here insert name and title of the officer) (seal) Notary Public, 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) 982/015610-0096 -1 I- 799454.04.01/04,09 1� i [� EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [to be attached] 882/015610-0096 799454.04.01/04108 EXHIBIT A A. t EXHIBIT B LEGAL DESCRIPTION OF BENEFITED PUBLIC PROPERTY [To be inserted] 882i015b l O 0096 EXHIBIT B •� 799454.04 .01/04,09 - 1 � It ATTACHMENT #1 VICINITY 1 MAP N.T.S EDEN ROCK AT PGA WEST ATTACHMENT #2 • a.+ Ul G lw 1 T r r r is ''.. iA�Ai'R �� E`�ii•}lJ�.c�� . 9~� 1 �� L. F� ai i ✓w I 4 S ATTACHMENT #3 Existing General Plan/Land Use — Eden Rock r<7 ATTACHMENT #4 Proposed General Plan/Land Use 1�; ATTACHMENT #5 Proposed Zoning - Eden Rock 149 ATTACHMENT #6 Lein Demin iesiden::al GOY CJXse Opec Space Tmisi Conm:era:a and £,eson.'.fixed liar Medi= Deaver- Relden:c:1 Open Space HiLside Comer. mina O:-erlcv PLANNING AREA III- EDEN MOCK .•,u 159 ATTACHMENT #7 w N $o 5 O7 a N a W + C�< QQC7oW gie 4 00II11 [] HZ ead 5 3- sf i 35 5 W ZQ G m g, U sa4e� � a� y, x� 3 QYU moo i�.i= ae a er iE a� ;a eei ai. .a9 i x 3 IfS�d�QQv� 4' ii a s°,a era aY Yaat t - Iai:'se °' s. 13�1es Zf—�md$ 3 3r , a'=Fs = " i ww~°off 4ex� iY 3r$ 4Y3 is „xi - i s- 2Y T €_ Qi1'' .� ') Y Z� o r € w g W it u J 4, lir i lajr:.,i� E�ej33$ ,9$ 3 173 IF ` is � � u - • ` �. r/ �`� � `. ? 'a & 3 a :�' 1 [[t f° 9Y4 9B4 n ATTACHMENT #8 e la 3 C`7 i1Gis� V� � 6 6 U k � c c v w F 152 k A\�F c cm° i11 � � }} �: 3) � J §} { jR, � � \\ �: 3§ � \ �/ \ / 1J3 ATTACHMENT #9 MR PAG�S� Y.g3: N� M � ,-I 6w U � c G � 7 w a wa� s�<.ma w ►� 157 15 � �\ �( A %( \ . ;lUA; Q&) m� , \ `/ \ MH §, !Am§ O °..� »� § §z u �0 <.\ \\ ) � C. � y \ / .� � ga ■ � 2 9 151 W., � ƒ} � \ c 161 )( Q, ,;°. � °! r 6! Oil �< L." \ / 162 ATTACHMENT #11 ciE :9$ cee 4:IB ec 3. .cE oa [c[ aaa a 19 o coca 0 oo Hs g pp W d g�g 1� a56� aBiias3 SeEi of€� SIGak? Sk,s� gE°sk; alr,;k� me F� w. a YF � Q W W U ;? w �d a 163 ejEa P VF U a� a a< a t �- 16 t VF a U � u u 165 m I 1 L! U e " a a 16S V I PF C w A G �yy3 Yilrlr� C rid wa� a a • 169 EE11 .2 3 ATTACHMENT #12 jp �ot a a w a cd w I p 9 O e O F^ rn rc � �3e x-z U- Ob>. 7? �(\ � : ;•;. ' 5§r : \/ l.F,,W )ARR � of �. \e a± � � j 17 u \\ li 1!3 '!l•.•,. $t §mmQ � < . ;� � } 6-6: J m � !}} I Q� ygy �3oE'ee � gc�o3Ccs K v Z atla LL xg�o�eee�� Q n<e o rc� I W �o� ¢. W_ s Uo ep . C000¢ �35ei �H m Z° � a F.Wr w I I=I��I'. �ImOPYIP� Ir �_�', m h� IIPPPPPPINPI �I=1 _®Iq_IOIIIIOIB� 17/t ATTACHMENT #13 w' x� u; 99s �d8 w h a _ yyos 9�3 98� 1� U w m < A c cm m '—' 175 M .$ k( � �t )j � ƒ) �° 4) � 176 Ne Fq z w" a z. w aC g ¢ •o; ZW a3x t:''xe �03 �38�i 38ns� m a a U a '=$3�eeg88$"aa 3 �„i's.YPx°ee FEW �z � d a U K G v ,a c LLl 177 ATTACHMENT #14 ATTACHMENT 14: RESPONSES RECEIVED (BY DATE RECEIVED) 179 OF P m STATE OF CALIFORNIA S �.; GOVERNOR'S OFFICE of PLANNING AND RESEARCH �°� ��TFOF C�LIFOP� STATE CLEARINGHOUSE AND PLANNING UNIT CYNTmA BRYANT ARNOLD SCHWARZENEGGER DIRECTOR GOVERNOR Notice of Preparation E C E P U ED June 13, 2007 JUN 19 200I CITY OF LA GUINTA COMMUNITY DEVELOPMENT DEPARTMENT 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 Aeenc . This is a courtesy notice provided by the State Clearinghouse with a reminder for you to comment in a timely manner. We encourage other agencies to also respond to this notice and express their concems 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 envhonmental document review process, please call the State Clearinghouse; at (916)445-0613. Sincerely, C. Scott organ Prq—ert Analyst, State Clearinghouse Attachments cc: Lead Agency 140010th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 wvnr.opr.ca.gov 171 Document Details Report State Clearinghouse Data Base SCH# 2007061056 Project Title Eden Rock at PGA West Lead Agency La Quinta, City of Type NOP Notice of Preparation Description The proposed Eden Rock at PGA West 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. Lead Agency Contact Name Wallace H. Nesbit Agency City of La Quinta Phone (760)777-1233 email Address Planning Department P.O. Box 1504 City La Quinta Fax State CA Zip 92253 Project Location County Riverside City La Quinta Region Cross Streets Northwest corner of PGA Boulevard and Spanish Bay Parcel No. 775-220-021 Township Range Section Proximity to: Highways Airports Railways Waterways Schools Land Use Undeveloped and vacant, partially graded. Base Project Issues AestheticNisual; 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 06/13/2007 End of Review 07/12/2007 189 Note: Blanks in data fields result from insufficient information provided by lead agency. o C C N O d U O w 0 m' C zo E c o tr 0 Oo o D m m r d cm 0 m m rn LL m umi mm E O m m m ' 0 ' T O LL' E+ma aK m w m coi w rnof = m>m m> M m �=� j o �U o•.• C m d v N m Umo U—c K U cZ c Si >CY U m m0 m EcE mU mm da) m� ?acid �acim m m �m� mq mQc my m atL �ovLL oL° d0d` CY zUW oU� UU0 oJS Oo dm o� `m m c m L a �.o Ia'Umo - 00 me 3: ado W0 ❑ Kam❑ w'a'U ww wcn O Z 0: w 0 0 WQ a: a' �m ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ o V m m fn g E m E �j rn m o a o -� C N A d m d L d V U O Q T 0y � a� `rn° u me m y=`m m m N rn a 0c dE c oy rm Ec c �R`d, aami`% "m a� d deo aje `mo ocEf N p N O N E N H M mUcAOYam Ncm mdN p Ed QE @N 9 Y _E0d dcd°.pCN_ d.oLLw0 r=0o p ..0 ndO WCF¢¢7 Cdi o d[ UUOUiU m W UEv—mKm m UmUda m o = O) C O - N N E N C j N *J C C c 0:. E a = `o c a ao` E > m N n v ,° m r a pN rN f—o cNand cmm= '_ mmmc �T mn ° o .8f EEd cN:E°mwmnLaoS —ccEYo Eoirn d Z.E o oa v amEp _ .. _ a O LC Gd Ad Ldm N ddd dd d.0 E: ddyd O dd dm dy dE dm dd dL V aY U)0 rD -di 1 QU C UQm L) Uv�O xm::]S Ua� U:�E L) UU cl E E d a : OI y U U d E T ^' 0 0 0 o c c c o o E mrn 2 ° Z -" �' o u o d = d < N (A d = U = d N r 9C o Ol m o U O d m Y d U d of d L U m O`Edo d N d d Em m E0 U V= _Ed wouE w�O U, Q?WmEEp Fana L UUOL d o E o ro c o wU am Uy md= Eo❑ > ep Q y m "UENcm o m m mn`o aLda co li 0= Tj: a:0 05 a) W O>d E ❑O O O UmdC a 181^i N c O q = N S `m O IL m =� O O U } 4i m m€ m T C U a' N V d N U U'd al d d d Ol N p Of c rn 03 °m m N a 0 O > E ❑ m =c o= o < o Ed N p o` �q o3 ° o oO U O id d mvi d mY dd O E T E (D< _codEo anEw `C7 o °om m om -oa)m tmr� CU T .S U C dN On1N A0= Od WL NOm ��d dCd dd K� LLdm ddm mo_Z O U ID dUC m mW O LLO d LL J O a'Z ❑O UU W UC9 ❑ In UUa ma< Oa3 O W to NmN L s ❑ ❑ ®❑ o ❑ ® ® ❑ 71 M 71 U-❑ 0 71 � BEPYYDIP WNEB r I PNP:NG YNY4OE C ,NBNN WELTS r � PALM BESEPIT ♦ UWPn11 '�♦ NIDIO June 14, 2007 Desert Sands Unified School District 47-950 Dune Palms Road • La Quints. California 92253 • (760) 777•4200 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.ki2.ca.us. Please feel free to call me at (760) 771-8516, if you have further questions. Thank you. Sincer ly, r Sharon cGilvrey Facilities Services sm NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL, ROOM 364 SACRAMENTO, CA 95814 (916) 653-4082 (916) 657-5390 - Fax June 18, 2007 Wallace H. Nesbit City of La Quinta Planning Department P.O. Box 1504 La Quints, CA 92253 RE: SCH# 20070,31056, 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) states 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 will 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: 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 guadrangle name. township, range, and section reauired. • A list 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 idenffied archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground -disturbing 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. Health and Safety Code §7050.6, 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. Sincerely, L.� Dave Singleton Program Analyst CC: State Clearinghouse 1R3 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@ aol.com (951)658-5311 (951)658-6733 Fax Augustine Band of Cahuilla Mission Indians Mary Ann Green, Chairperson P.O. Box 646 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 I CA 92086 britt_wilson Q morongo. org (951)755-5206 (951) 755-5200/323-0822-cell (951)922-8146 Fax This list Is current only as of the date of this document. (760)782-0711 (760) 782-2701 - FAX as In Section 0.6 of Distribution Code, Section 609�14 of he Publinot relieve c Resources erson of Code andSeion responsibility07.98 of the Publl Public s Code. Health and This list Is only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCNf2007061056, Eden Rock at PGA West; Riverside County. j sY Native American Contacts Riverside County June 18, 2007 Los Coyotes Band of Mission Indians Melody Sees, Environmental Director P.O. Box 189 Cahuilla Warner , CA 92086 (760)782-0712 (760) 782-2730 - FAX Ramona Band of Cahuilla Indians Manuel Hamilton, Chairperson P.O. Box 391670 Cahuilla Anza , CA 92539 admin @ ramonatribe.com (951)763-4105 (951)763-4325 Fax Ramona Band of Mission Indians John Gomez, Environmental Coordinator P.O. Box 391670 Cahuilla Anza , CA 92539 (951)763-4105 (951)763-4325 Fax Santa Rosa Band of Mission Indians Terry Hughes, Tribal Administrator P.O. Box 609 Cahuilla Hemet , 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 rbeg ay @ ag u acal ie nte. 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 list is only applicable for contacting local Native Americans With regard to cultural resources for the proposed SCH#2007061056, Eden Rock at PGA West; Riverside County. 18,5 Native American Contacts Riverside County June 18, 2007 Cabazon Band of Mission Indians John A. James, Chairperson 84-245 Indio Springs Parkway Cahuilla Indio . CA 92203-3499 (760)342-2593 (760)347-7880 Fax Cahuilla Band of Indians Anthony Madrigal, Jr., Interim -Chairperson P.O. Box 391760 Cahuilla Anza , CA 92539 tribalcouncil @ cahuillamet (951)763-2631 (951) 763-2632 Fax Los Coyotes Band of Mission Indians Katherine Saubel, Spokesperson P.O. Box 189 Cahuilla Warner . CA 92086 loscoyotes @ earthlink.net (760)782-0711 (760) 782-2701 - FAX Ramona Band of Mission Indians Joseph Hamilton, vice chairman P.O. Box 391670 Cahuilla Anza , CA 92539 admin @ ramonatribe.corn (951) 763-4105 (951)763-4325 Fax This 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 samdunlap@earthlink.net Alvino Siva 2034 W. Westward Cahuilla 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 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 SCH#M7061056, Eden Rock at PGA West; Riverside County. m 186 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. as ned In on 0.5 of Safety Code, ibution Section 5097.94 of the Public this list do" not relieve Reesou Resources Codenperson of d Seresction 5097.98 of the Public Resourrces Code. theHealth and This list is only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH92007061056, Eden Rock at PGA West; Riverside County. .air, . 187 87 W (i South Coast Air duality Management District 21865 Copley Drive, Diamond Bar, CA 91765-4182 (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: 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 quality 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 Quality 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 ainquality 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 (CARB) approved i IRBEMIS 2002 Model. This model is available on the SCAQMD Website at: www.Mmd.gov/cgga/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 intemet address: http://www.Nmd.go /cgqa/handbook/PM2 5/PM2 51tml. 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 performing dispersion modeling as necessary. Guidance for performing a localized air quality analysis can be found at hM://www.agmd.pov/cegalhandbook/LST/LST.html. 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 performing 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 interet address: h!!p.//lxww.aqmd.gov/cega/handbook/inobile 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 I I 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.Nmd.gov/cgga/handbook/mitigation/MM intro.html Additionally, SCAQMD's Rule 403 -- Fugitive Dust, and the Implementation Handbook contain numerous measures for controlling construction -related emssions 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 intemet address: hqp://www.aqmd.gov/prdas/Aqg-uide/aqguide.html ' 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 interet address: ht p7Hwww arb ca.g-ov/ch/handbook.pdf. Pursuant to state CEQA Guidelines § 15126.4 (a)(1)(1)), 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 (hit r//www agmd aov). 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 189 A public Agency June 26, 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: MEMBERS: Desert Hot Springs Palrn Springs Cu Medrei City Rancho Mirage Pnim Desert Indian Wells Let Quint. India cuelhelin Riverside C..ety JUN 2 6 2007 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, Sunlino 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/Coachella/Thermal/Mecca/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. 31-505 Harry Oliver Trail, Thousand Palms, California 92276 Phone 760-343-3456 Fax 760-343-3845 Wndunl ne.org190 Mr. Wallace H. Nesbit, Principal Planner Page Two Should you have questions or concerns regarding this letter, please contact me at 760-343-3-456, ext. 162. cc: C. Mikel Oglesby, General Manager Eunice Lovi, Director of Planning Doug Evans, Community Development City of La Quinta .191 STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SC111Y NEGGER Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8 PLANNING AND LOCAL ASSISTANCE (NIS 722) 464 WEST 4`n STREET, 6'b FLOOR SAN BERNARDINO, CA 92401-1400 PHONE (909) 383-6040 FAX (909)-383-6890 TTY (909) 383-6300 June 25, 2007 Mr. Wallace H. Nesbit City of La Quinta Planning Department P. O. Box 1504 La Quinta, CA 92253 Dear Mr. Nesbit: ECHVED JUN 2 8 2001 CI 11 11 L ., .,mow TA COMMUNITY 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 Fle.r 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 111 (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, a � s v r NATHANIEL H. PICKETT Office Chief Regional Planning, Riverside IGR/CEQA Review c: State Clearinghouse "Caltrans improves mobility across California" 192 COUNTY OF MVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY IYansportation Department 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: J�S� OF FiIVE�S . y ZI OgPAiION OEeP : George A. Johnson, PE. Director of Transportation JUL 0 2 2007 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. Sincerely, �- Farah Khoarashadi, P.E. Engineering Division Manager 4080 Lemon Street, Sth Floor • Riverside, California 92501 • (951) 955-6740 P.O. Box 1090 • Riverside, California 92502-1090 • FAX (951) 955-3198 193 State of California The Resources Agency ARNOLD SCHWARZENEGGER, Governor CRL!FCRNIA' 7�nFSH.:.t E .nP 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: JUL 0 9 2007 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 Departments 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 Cowen4q CaCfomw's Wddffe Since 18M 19t 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 (Athene cunicularia), 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 corridorlmovement 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 for sub -regional conservation programs. Under § 2800-2840 of the Fish and Game Code, the Department, through the Natural 195 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 speck projects for consistency with the NCCP Conservation Guidelines. 3. A range of alternatives should be analyzed to ensure that aftematives to the proposed project are fully considered and evaluated. A range of alternatives which avoid or otherwise minimize impacts to sensitive biollogical resource should be included. Specific aftemative 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 alternatives which avoid or otherwise minimize project impacts. Off -site compensation for unavoidable impacts through acquisition 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 196 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 Califomia (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 clearly spells out what the Department's responsibilities are under CEQA with respect to all SAA's. In this 197 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-certified 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 .. 193 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 EIR Eden Rock at PGA West Dear Mr. Nesbit: CR ° E� JUL 12 2007 GOMMUN I TY DEVELOPMENT DEPARTMENT 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 ("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 ' T `7 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, IO 9j—ames W. Cox 209 RAMONA BAND OF CAHUILLA 56310 Highway 371, Suite B Post Office Box 391670 Anza, California 92539 July 18, 2007 City of La Quinta "A SOVEREIGN NATION" Wallace Nesbit, Principal Planner P.O. Box 1504 Tel: (951) 763-4105 Fax: (951) 763-4325 E-mail: admin@ramonatribe.com JUL 24 2007 La Quinta, CA 92247 pON" DEaaRTMENT Re: Notice of Preparation of a Draft Environmental Impact Report 1984 PGA West Specific Plan EIR (SCH #83062922) L/ 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 (951)941-4943 or (951)7634105 if you have any questions or wish to discuss this matter. Sincerely, 1� John A. tSez, Jr. Cultural Resources Coordinator Ramona Band of Cahuilla Indians 0.`, 201 AT E q ESTABLISHED IN 1918 AS A PUBLIC AGENCY /STRIG� COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFOR DIRECTORS'. PETER NELSON, PRESIDENT PATRICIA A. LARSON, VICE PRESIDENT TELLS CODEKAS JOHN W. MCFADDEN RUSSELL KITAHARA July 23. Wallace Nesbit City of La Quinta Post Office Box 1504 La Quinta, CA 92247 Dear Mr. Nesbit: • FAX (760) 398-3711 JUL 2 6 2007 U EVEN ROBBINS GENERAL MANAGER -CHIEF ENGINEER CITY OF LA CUINTA M RKPEDDLER, IMMUNITY DEVELOPMENT ASST. GENERAL MANAGER DEPARTMENT ILIA FERNANDEZ, SECRETARY DAN PARKS, BEST, TO GENERAL MANAGER REDWINE AND SHERRILL, ATTORNEYS File: 0163.1 Thank you for affording the Coachella Valley Water District (CVWD) 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. 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 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. CVWD 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 arty questions, please contact Luke Stowe, Senior Environmental Specialist, at extension 2545. LS:ch\eng\07\juIy\nesbitt-Ia quints ,,'ou s vTJohnson ark L. Director of Engineering TRUE CONSERVATION USE WATER WISELY e 202 AGUA CALIENTE BAND O� CAHUILLA INDIW TRIBAL HISTORIC PRESERVATION August 14, 2007 Wallace. H. Nesbit, Principal Planner City of La Quinta J J P.O. Box 1504 La Quinta, CA 92247 AUG 15 2007 MY OF LA QUINTA 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 Agua 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 Agua 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 ptuck(cDaguacaliente net. Cordially, 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\correspondenceC2007\extemal projects\traditional use area\ LaQuinta_EdenRockPGAWest_8_14_07 .doe 5401 D I N A H SHORE DFIVE. PAL`4 SI'RINGS. CA 92264 7 6 0 3 7 5. 3 a 0 0 F 7 6 0, 6 9 9. 6 9 2 4 W W W A G U A G A L I E N T E- N S N G O V 203 ATTACHMENT #15 ATTACHMENT 15: RESPONSES RECEIVED ON DRAFT SEIR (BY DATE RECEIVED) w It James W. Cox 55-914 Brae Burn, 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 2003 CITY OF LA OUINTA + �J ANNING OEPMTMENT V 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 1 206 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. The 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 swimming 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. `07 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. Density. 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 be just 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." 20a 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 209 RAMONA BAND OF CAHUILLA 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 Calie 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 IA OUINTA 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 cultural 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, 1; John A. Cro .I, Jr. Cultural Resources Ramona Band of Cahuilla Indians 919 TNANS/I AICENCY A Public Agency 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 Hot Springs Palm Springs Cathedral City Rancho Mirage Palm Desert Indian Wells to Quinta Indio Coachella Riverside County DEC 2 8 2007 CITY OF LA QUINTA 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. 32-SOS Harry Oliver Trail, Thousand Palms, California 92276 Phone 760-343-34S6 Fax 760-343-384S www.sunline.org .m.'i 2.11 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, Alfonso Hernandez Planning Assistant cc: C. Mikel Oglesby, General Manager Eunice Lovi, Director of Planning Les Johnson, Planning Director City of La Quinta 12 John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of. Banning Beaumont Cahmesa Canyon Lake Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore La Quinta Moreno Valley Palm Desert Perris Rancho Mirage 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 • Perris, California 92570 • (951) 940-6900 • Fax (951) 940-6911) DEC 2 8 Z007 December 27, 2007 CITY OF LA OUINTA PLANNING DEPARTMENT 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) 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 #70, La Quinta PGA West. 54001 Madison St., La Quinta RCO Station 432, 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 213 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 KITAHARA December 18, 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 MANAGER CHIEF ENGINEER MARK SEUHLER, ASST GENERAL MANAGER JULIA FERNANDEZ, SECRETARY DAN PARKS, ASST TO GENERAL MANAGER REDWINE AND SHERRILL, ATTORNEYS received File: 0163.1 DEC 19 2007 City of In Quinta Planning Department Thank you for affording the Coachella Valley Water District (CV WD) 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, CV WD 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. Y Mark L.°Johnson Director of Engineering LS_ch\eng\envA07AdccAEden Rock TRUE CONSERVATION USE WATER WISELY 214 ';TAT OF A IFORNI! NATIVE AMERICAN HERITAGE COMMISSION A Id Sch n eoeer Governor 915 CAPITOL MALL, ROOM 364 aff SACRAMENTO, CA 95914 51 Fax (916)�657-5390 received Web She www nahc ca.g" e-mail: ds_nahc@pacbell.net DEC 112007 December 7, 2007 Cltyof W Qulnfa PlgrWng Department Mr. Wallace H. Nesbitt CITY OF LA QUANTA PLANNING DEPARTMENT 78495 Calle Tampico La Quints, CA 92253-1504 Re: Dear Mr. Nesbitt The Native American Heritage Commission is the state agency designated to protect California's 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'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per CEQA guidelines § 150&1.5(b)(c). In order to comply with this provision, the lead agency is required to assess whether the projectwill have an adverse impact on these resources within the'area of potential effect (APE)', and if so, to mitigate that effect. To adequately assess the project -related impacts on historical resources, the Commission recommends the following action: J 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/hvww.ohl2,parks.ca.gov/1068/files/ICo/o2ORoster.pdf The record search will determine: • If a part or the entire APE has been previously surveyed for cultural resources. • If any known cultural resources have already been recorded in 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. 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- 4 Contact the Native American Heritage Commission (NAHC) for - project Sacred Lands File (SLF) search of the project area and information on tribal contacts in the project vicinity that may have additional cultural resource information. Please provide this office with the following citation format to assist with the Sacred Lands File search request USGS 7 5-minute guadrande citation with name townshio range and section: . • The NAHC 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 list to get their input on potential project impact (APE). In some uses, the existence of a Native American cultural resources may be known only to a local Inbe(s). J 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 ati ground disturbing activities. • Lead agencies should induce in their mitigation plan provisions for the disposition of recovered artifacts, in consultation with culturally affiliated Native Americans. d Lead agencies: should induce provisions for discovery of Native American human remains Or unmarked cemeteries in their mitigation plans. CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of Native American human remains within the APE. CEQA Guidelinesprovide for agreements with Native American, identified by the 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, Public Resources Code §5097.98 and Sec. §15064.5 (d) of the CEQA 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. Please feel free to contact me at (916) 653-6251 if you have any questions. Attachment: List of Native American Contacts Cc: State Clearinghouse mauve wmencan a.fmuw-as Riverside County December 7, 2007 Cabazon Band of Mission Indians John A. James, Chairperson 84-245 Indio Springs Parkway Cahuilla Indio , CA 9z03-3499 (760)342-2593 (760)347-7880 Fax Cahuilla Band of Indians Anthony Madrigal, Jr., Interim -Chairperson P.O. Box 391760 Cahuilla Anza . CA 92539 tribalcouncil @cahuilla.net (951)763-2631 (951)763-2632 Fax Ramona Band of Mission Indians Joseph Hamilton, vice chairman P.O. Box 391670 Cahuilla Anza . CA 92539 951) 76 4105 �� cem (951)763-4325 Fax Torres -Martinez Desert Cahuilla Indians Raymond Torres, Chairperson PO Box 1160 Cahuilla Thermal CA 92274 (760) 397-0300 (760)397-8146 Fax Santa Rosa Band of Mission Indians John Marcus, Chairman P.O. Box 609 Cahuilla Hemet . CA 92546 srtribaloffice@aol.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 (9 )i755 5206�o.org (951) 755-5200l323-0822-cell (951) 922-8146 Fax Torres -Martinez Desert Cahuilla Indians William J. Contreras, Cultural Resources Coordinator P.O. Box 1160 Cahuilla Thermal . CA 92274 cultural_ monitor@yahoo.com 760) 397-0300 (760) 275-2686-CELL (760) 397-8146 Fax This Ilst Is current only as of the date of this document. Dh&gx km 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 conducting local Native American with regard to cultural resources for the ProP098d SCHa2007061056; CEQA Notice of Completion; draft Environments! Impact Report (DEBn for Eden Rock at PGA west Prolecr City of La Quima; Rharsidet County. Cslifomis. a, 217 Native American t urnucts 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 Iweaver@Dcabazonindians.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 (76g�35x96t 2400Et 60(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 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 -1097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list Is only applloablo for contacting local Native American with regard to cultural resources for the proposed SCH/2007061056; CEOA Notice of Completion; draft Emire, m tal Impact Report (DEIR) for Eden Rock at PGA West Project' City of La Quints; Riverside[ County, California. 0, 218 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: www.cvmvcd.org Board of Trustees November 27, 2007 President MIKE DURAN Mr. Wallace H. Nesbit Indio Principle Planner City of La Quinta Planning Department Vice President JOHN FUSCHETTI 78495 Calle Tampico Rancho Mirage La Quinta, CA 92253-1504 receWed DEC - 4 NO CVW of �ggnt PIaM M Secretary/Treasurer BRUCE UNDERWOOD, Dr. P.H. Subject: Comments regarding Notice of Availability Draft Environmental Indian Wells Impact Report for Specific Plan # 83-002,(Amendment # 6), General Plan Amendment # 107, Change of Zone it 127, Tentative Tract Map # 33226, GARYHOWELL Cathedral City Site Development Permit # 852 and Development Agreement # 011 in La Quinta, CA. RICHARD MACKNICKI Coachella Dear Mr. Nesbit, BEN LAFLIN County at Large Thank you for the opportunity to express our position and concerns in NICK NIGOSIAN reference to the Request for comments regarding Notice of Availability County at Large Draft Environmental Impact Report for Specific Plan # 83-002, ( KARL BAKER, JR. Amendment # 6), General Plan Amendment # 107, Change of Zone # 127, Desert Hot Springs Tentative Tract Map # 33226, Site Development Permit # 852 and Development Agreement # 011 in La Quinta, CA. TERRY HENDERSON La Quinta The Coachella Valley Mosquito and Vector Control District (District) offers the following comments on potential impact of the project on the DOUGLAS WALKER local environment, as well as suggested mitigating measures. Palm Desert SHARON LOCK The major emphasis of the District is interruption of vector -borne 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. 0" 21 S 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.stormwaterauthority.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 sail of flowerbeds, greenbelts, and vegetative accumulations, such as improperly disposed grass clippings. 2 .o. 220 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 r, Gerald Chazel Fishery & Environmental Biologist cc: Branka B. Lothrop, PhD, Scientific Operations Manager 3 291 receives! NOV 2 6 2007 City of La 9Wnta Planting Department Mission: Educate and communicate the rich heritage of Soboba peoples; Lead 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 mud boards; Advocate legislation and enforcement of laws affecting Native American peoples and protecting historical and archaeological resources. November 20, 2007 Attn: Wallace A. Nesbit City of La Quinta 78495 Calle Tampico La Quinta, Ca 92253-1504 Re: The Eden Rock at PGA West Project The Soboba Band of Luiseno Indians appreciates your observance of Tribal Cultural Resources and their preservation in your project. The information provided to as 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 951-487-8268. [SPECIAL NOTE (for projects other than cell towers): If this project is associated with a city or county specific plan or general plan action it is subject to the provisions of SB 18-Trddtional Tribal Cultural Places (law became effective January 1, 2005) and will require, the city or county to participate in formal, government -to -government consultation with the Tribe. If the city or county are your client, you may wish to make them aware of this requirement. By law, they are required to contact the Tribe.] Sincerely, 0'--00- —' ir--�, Darren Hill Soboba Cultural Resource Department Phone 951-4E7-8268 Cell 951-66315279 dhi6®sobobarnsn.gov 222 w BERMUDA DUNES RANCHO NNIAOE C 0, INMN WELLS a • PALM DESERT • lAOUINTA •ommyo November 19, 2007 Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta. California 92253 • (760) 777-4200 Wallace H. Nesbit, Principal Planner City of La Quinta Plan ning Department 78495 Calle Tampico La Quinta, CA 92253-1504 received NOV 2 62007 C*Y Of La Wnta e Department 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 referenced projects and 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. Sincepely, Sharon McGilvrey for Peggy Reyes, Directo7fFacihties Services sul 223 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, w /? /v' 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 �- 225 ATTACHMENT #17 ATTACHMENT 17: RESPONSES RECEIVED TO 4/24/07 PC HEARING NOTICE 226 r 7 May 2007TWA`. MAY 1 0 To: The Honorable Mayor, City Counsel Members and ri 1 UJ Planning Commission -- - -------- of the City of La Quinta I am herein submitting my opposition to the EdenRock development at the proposed location at PGA West in La Quinta. 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 professiionals 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 and desecrate the mountain views of those living in this valley. However, the desecration of the view of these mountains and beautiful 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 buildings 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 further 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! °- 227 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. .a.-, 22$ 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, Me 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 members 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 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 throughh 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 ruin. 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 Cordoviiz 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 commiuvty 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, Raymond/ . Gillen, J, . 54081 (4 Hill La Ouirlta. CA 92 53 6 April 26`h° 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 I am an 8 year resident of P.G.A. West and had made plans to attend the April 24"' 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: 1) 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. 4_ 231 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, Rica d P. Moore 57-355 Peninsula Lane La Quinta, Ca. 92253 Phone:604-250-1304 GARAVENTA& ASSOCIATES, INC. MANUfACTUFUM euPeESENlIKS 77 Mark Drive Suite 31 San Rafael Celilarnia 94903 415.479.2422 Fax 415.491.4622 Community Development Department La Quinta City Hall 78495 Calle Tampico La Quinta, CA 92253 Gentlemen: April 18, 2007 RE: PGA West Development 292 Unit Condominium Complex Lots I 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 March 17, 2007 F !ram E O V/ ED City of La Quinta APR 2 0 2007 Community Development Department CITY OF LA OUINTA 78495 Call Tampico COMMUNITYDEPARTMENT 'DEPARTMENT La Quinta, CA 92253 RE: General Plan Amendment 2006-107, Crowne Pointe Partners As a fill time resident of PGA West and golf member, I am objecting to the proposed project adjacent to the Stadium CIubhouse for the following reasons and would like to be heard 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: TFIE'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 WIZEN COMPLETED!) Charles, Gauthier 54-799 Riviera La Quinta, CA 92253 .b 232 March 29, 2007 Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: Eden Rock Development Dear Mr. Adolph, IC; O-Oqw Nk4'j C4A- eo lSW" Er SOWE APR - 9 2007D G""Of LA OUINTA COMMUNITY DEVELOPMENT DEPASTMENT 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 anew 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 Sipersky 81400 Golf View Drive, La Quinta, CA 92253 Ph (760) 771-4449 "- 235 Gerard E. Moloughney 57-450 Black Diamond La Quinta, CA 92253 March 27, 2007 Mr. Paul Quill City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: Eden Rock Dear Mr. Quill EC 3Zri..ry toDEVEOPMENRTMENT 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. V�eily ours, �f ( g/ .Gerard' . Molo, a y 236 March 22, 2007 Mr. Paul Quill Chairman, Planning Commission City of La Quinta 78-495 Calle Tempico La Quinta, CA 92253 Dear Mr. Quill: U APR — 3 2007 CITY Of LA OUINIA COMMUNITY DEVELOPMENT DEPARTMENT 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 successfid 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. Sincerely, Thomas W. Rayeraft 57-475 Seminole Drive La Quinta, CA 92253 .®`' 237 MAR 2 S 2007 March 24, 2007 Honorable Paul Quill Chairman, Planning Commission City of La Quinta 79-495 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 j4pumainview PGAWest La Quinta, CA 92253 March 24, 2007 Honorable Don Adolph Mayor City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayer 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 .9. 231 ATTACHMENT 17: RESPONSES RECEIVED TO 1 /08/08 PC HEARING NOTICE �4� Wanda Wise -Latta From: ChuckiG1943@aol.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 78495 Call Tampico La Quinta, CA 92253 RE: General Plan Amendment 2006-107, Crowne Pointe Partners rage i or t ce , Cauofz TWArn CA S CM 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 AHOT EL WOULD NEVER BE BUILT. IT IS MY UNDERSTANDING THAT THE PURCHASE_ DOCUMENTS PREVENT THE CURRENT OWNERS FR_OMBUILDING 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 Page 2 of 2 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. a. 242 I/2/2008 Page 1 of 1 Wanda Wise -Latta From: Ric Moore (ricmoore99@shaw.ca] Sent: Saturday, December 22, 2007 9:00 AM To: City Managers Office Subject: proposede development at eden roc Con ftCA& A6 �PIWAA� Cato — 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 ® 243 1 /2/2008 Page I of 1 Wanda Wise -Latta From: Marvin Segal [marvsegal@msn.coml 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 — 'NAAAA� C40,61- We are very sorry we will not be able to attend the Planning Commission hearing on January 81" 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 244 1 /2/2008 Page 1 of 1 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 Ut"--1/ C5>AAU Tlaanc,1 CM A�S pWAt ct(aN� 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.aol.com/top-rated-recipes? NCI D=aoltop00030000000004) 245 t /2/2008 Wanda Wise -Latta From: Dick Logan Urlogan@mac.com] Sent: Friday, December 21, 2007 &55 AM To: City Managers Office Subject: Eden rock I would hope that. all decision makers make the effort to please stand on the stadium putting green and observe the (poles) and observe the view obstruction of the project. thing. Dick Logan 79700 Northwood La Quints, CA 92253 760/564-1811 CA I AC#A/J)5 PI&AAvisit the site. While doing sed"o, intended height of the buildings It is criminal to allow such a J Wanda Wise -Latta From: Dvcallahan@aol.com Sent: Frida, , December 21, 2007 9:03 AM To: City Managers Office Subject: Eden Rock Page 1 of 1 �tQnntAA) CiWt . 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. u 24 7 1 i2i2008 Wanda Wise -Latta CAW From: Marvin Landon [mlandon@dc.rr.com] YU A/� Sent: Friday, December 21, 2007 10'05 AM A . To: City Managers Office /�, Subject: Eden Rock Project at PGA West Tea 6 nAAMA1 ✓ 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. C�(L� The Council has already erred with their approval of the project v� 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 Quints, Ca Wanda From: Dick Logan Urlogan@mac.com] '_'"WV%Arl l w Sent: Friday, December 21, 2007 8:55 AM CA To: City Managers Office k.#A /DL / Subject: Eden rock ^{,�,'14A WJ J I would hope that: all decision makers make the effort to visit the site. While doingo, 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 1 249 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 i or r U t _ 1 C51tAUI '?ld4A(, I eft Gu pus Cet�� 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.aol.com/top-rated-recipes? NC I D=aoltop00030000000004) 259 1 /2/2008 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 — Page 1 of t P�aN�iwl Com, Get /10iJ PIUAAP� C Ov/_ 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 Stefaniie Segal 80769 Spanish Bay La Quinta 760/771-9108 25j 1/2/2008 Wanda Wise -Latta From: Chucl<G1943@aol.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 78495 Call Tampico La Quinta, CA 92253 RE: General Plan Amendment 2006-107, Crowne Pointe Partners Page I of 2 Ce • W,�a� Wlbs' 'PIAMr') Gv&x CM 15� �A 1 Cd0lf-- 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 1S NOT THE CASE. 252 I /2/2008 Page 2 of 2 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. .a, 253 v2/2oos Page 1 of 1 Wanda Wise -Latta W4.0 From: Ric Moore [ricmoore99@shaw.ca] Sent: Saturday, December 22, 2007 9:00 AM iriM CJ To: City Managers Office Subject: proposede development at eden roc t� CC(ellc-, 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 appearance 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 2a2 1 /2/2008 Wanda Wise -Latta From: Marvin Landon [mlandon@dc.rr.comj TCFneW Y &T"� Sent: Friday, December 21, 2007 10:05 AM GM To: City Managers Office Subject: Eden Rock Project at PGA West I oppose the Eder, Rock project at PGA West that is under Council. consideration. The project is too dense and too tall. Plain as that. v� 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 1 255 Page II of 1 clh Itt Wanda Wise -Latta From: Dvcalla,han@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. gas 1 /2/2008 DEC 2 7 2007 CITY OF LA QUINTA 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: I am a resident of PGA West at the address above. I am concerned 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 if 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, G� ohn MaRin 760-771-0621 N_' 95, RECmWEB DEC 2 7 2007 JiPlanning Department CITY OF LAQUINTA DEC 2 La Quinta City Hall PLANNING DEPARTMENT CITY OF LA QJii.... y 78495 Calle Tampico PLANNINGDEPAR7.,tn La Quinta, CA. 92253 _ 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 25S Sincerely, Richard P. Leonard Jodi A Beshara 55-360 Laurel Valley La Quinta, CA 92253 Mailing Address: 9825 Five Oaks Road Fairfax, VA 22031 25,E DEC 26 CITY OF LA 0UINTA %NNfh' .___ December 1.6, 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, We are ogposed 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 54a' 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: 1. 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. 269 ged and 22OTOtfi3-Witt � 2So1 Bzoadway cShceet,s&n gzanccsco, CC4 94115 a (415) 563-SSo9 0 .� o fax (415) 292-5293 W 0 cS(415)21S-o370 o 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 envi_ornment. Thank you for your care of our "Gem" La Quinta. -Very truly yours, �— - Dorothy Kitt December 19, 2007 GENERAL PLAN AMENDMENT 2006-107 ZONE CHANGE 2006-107 SPECIFIC PLAN 83-002, AMENDMENT 46 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. L ann Bob Hoffmann 57845 Black Diamond La QuinW, CA 92253 DEC 21 2007 CITY OF LA OUITNTA ..c .91 J 262 Mr. Wallace Nesbit Planning Commission La Quinta City Hall 78495 Callle Tampico La Quinta, CA 92253 Dear Mr. Nesbit: 80690 Weiskopf La Quinta, CA 92253 December 18, 2007 receives! DEC 19 2007 City of La 9Wnta P"Vft DeParhnent 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 a_ 2� �- 3 received December 16, 2007 DEC 19 2007 City of La Quinta City of La auinto Planning Department 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. 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 �Ut CITY OF LA QUANTA PLANNING COMMISSION NOTICE OF PUBLIC HEARING OF 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 Council 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 #6 TENTATIVE TRACT 33226 SITE DEVELOPMENT PERMIT 2006-852 DEVELOPMENT AGREEMENT 2006-01 1 APPLICANT: CROWINE 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 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 LO1 1, TR 29421; AND PORTION OF PARCEL 7, PARCEL I&L'upZlspdei 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 ernert ,which -is hten e o implement ii fun mg mechanism ensuring payment to 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 development 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 east and north sides of PGA Boulevard; 81 one and two-story triplex units (Manor Homes) at up to .o_ ; 263 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 at25 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 correspondence 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 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 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. In the City's efforts to comply with the requirements of Title 11 of the Americans With Disatifiiies Act Of 1990, the Planning Department requires that any person in need of any type of special 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 ! j Qun� t9 (z ems. C S `� S C�v Pivv � received DEC 19 2007 City of la Quinta pianrdng Department e /nPage 1 of 1 c_ c! n� (Y / Wanda Wise -Latta lJOl f IaAA, From: DumbDomer@aol.com Sent: Thursday, January 03, 2008 12:05 PM M To: City Managers Office; Planning WebMail, quill@earthlink.net; Robertww55@a0l.com; C signs@!imperialsignco.com; kate.cnb@verizon.net hc�AA5t C Cc: kimjames.cox@verizon.net "PVAAA- n Subject: Eden Rock Development a ll 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 West's 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 CITY OF ILA OUINTA .0 267 1 /3/2008 Page l of l CC: Wanda Wise Latta From: Dan Rendino [danrendino@dc.rr.com] "" inn M Sent: Wednesday, January 02, 2008 6:05 PM CIIIA I�� G To: City Managers Office �s Subject: Eden Rock Development Y'lM I see where there is a scheduled meeting for the Eden Rock Development at PGA West next week. I pla 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 CITY OF LA QUINTA 4NNIun ..-_ 1/3/2008 ATTACHMENT #18 C t: C d W N d d d d d d N N 0 0 0 E 0 E n c Q ao a c a cM a a a a@ @ m N E U O 0d 00d 0 d m ✓1 d O) N d 01 t9 d O1 N U Vl n n @ @ m � OI c c OI c c c c In •n Y1 Cc G 0 E E 0 0 0 °�' u u $ o o c c M a a p .Y 'D J J J cdi J cdi J J E E J E J E o o 0 0 0 0 0 0 'd E 6 O > d > d o c a 3 c c c c c c @ d 0 0 0 f d E 0 0 c c c oo `d c 0 c 0 c 0 'm c 0 .� c .� c a�� ja E E $ n O O 0 0 ry ry 0 0 y vi vdi udi N N tdn @ @ O U Q U .p N Q Q Q Q O Q O Q O N @ @ @ @ _ - O w c@ O O O @ Q O ON Q O ON Q O O@ Q O Q O Q O O@ Q O �w Q O O@ Q O �a Q O 0w Q O 0@ Q O Oy ,O _0@ _0@ . U n n C n C a C n c n d Gdl: "Ozl C p C n n n @ N 41 @ N VD 13 c v 0 v IF�Yyi^"{ o n o a cov'c o-o 'c o-a 'c o:o o> o a o a oo oa o a o> v� o E n o E a o E a a E a o E a a E a E a° E a° E a° E a 2 E a P E a 2 E n nrn�n��aand am d nand a mm am ::arn va�dnand and amd am m F-I ',:@ �-`` «D C@ E 0 C@ E p C@ 0 C@ E c 6 C@ E c v 0 C@ 6 C E c� E c-6 @ C E c-v @ p C F c v @ C@ E c 6 C@ E c d 0 C@ E c* 0 C E c'm @ E ` ..wa c`� Ewa Ewa Eulo E m a d wv Ewo N a d in a d Ewb E N U d w'o E N "O d uW 'a E m n d wv Ewv in n d E N n d N n d w-o Ew-o E y w # w� a0 h Q tk �/ O y� w O b wO 3S 3Q 3= �_ -C) S O Q Q T U m U= w Q@ Q N o• @ 'O @ N C) @ C9 @ @ @ @ a� @ @ a� aQ a a� 0 a� a2 w - O Of :� @ VI @ N @ N @ YI @ N @ N N b d y d Ul y d N N d @ y d N N d N ✓� d H N d J C >d I d J 0 d JD d J 3 0 d J > D d J 3 0 d J 3 0 J O J �j O J Zj 0 J 3 0 J O J 3 0 3 0 > O t: r 3 L L L > L > t > L L t L ? L C7 2 L C7 3 L 0 2 L 0 D iL o a U o a U C7 a o (9 a o o a o (7 3 a o 0? a o o a U (7 a U (L a U a U 0.0 3 0 0 o so o m co 0 0 0 N t0 O O V N N N tU 269 CD � zz i= ::D L o xry Wo J J Q Q U N W Cn z _ Q C w O �W U) n r- o oo W 0 Q W PM t W � (n oz n o oQ n� 71 I I. I t I ATTACHMENT #19 279 ATTACHMENT #20 TABLE 2 Project Parking Requirements Comparison _a- rarrttng neywi cnicrw Spaces Per Owellin Unit Agency La inta Cathedral City _ Coachella Indian Welts Indio Palm Desert Palm Springs � Rancho Mirage Unincorporated Riverside RE Parking Generation 3rd Edition__ Redding Source Cityof La Ouinta City of Cathedral Cily City of Coacheila Gty of Indian Wells City of India City of Palm Desert City of Palm Springs City of Rancho Mirage Count of Riverside Ins itule of Transportation Engineers APA Parking Standards Average Rates TOTAL 859 SFR (Du (7) 2-Bed 1 17.5 14.0 16.3 14.0 15.A 14.0 I5.8 21.0 140 _ 13.0 14.0 14 lea)r (76)3-Bed 190.0 152.0 171.1 152.0 167.2 228.0 171.0 228.0 152.0 140,6 1 152.0 1 159 MFR (Condo)' (81) 3-Bed 1 2813.5F 121.5 188.7 162.0 176.Z 243.0 202.5 243.0 222.8 149.9 _ 243.0 197 MFR (Tri (9012-13ed I . 148.p 240.0 la lex)a Out 3-Bed I 168.0 72.0 111.8 96.0 105.6 144.0 120.0 144.0 1328 8a.8 1 144.0 I 111 460 68D 584 642 789 649 876 701 540 793 633 Eden Rock Subdivision (TTM 33226) La Quinta Parking Review a. 211 ATTACHMENT #21 H1410=5t" IZIPGE- I a -12 C M DATE: APPLICANT ARCHITECT: LANDSCAPE ARCHITECT: REQUEST LOCATION ENVIRONMENTAL CONSIDERATION: GENERAL PLAN/ ZONING MAP: BACKGROUND: STAFF REPORT PLANNING COMMISSION JANUARY 8, 2008 CITY OF LA QUINTA REDEVELOPMENT AGENCY ALTEVERS ASSOCIATES HORTON-SHEPARDSON ASSOCIATES CONSIDERATION OF A SCHEMATIC DESIGN PACKAGE FOR THE SILVERROCK CLUBHOUSE SOUTHWEST CORNER OF JEFFERSON STREET AND AVENUE 54 THE CITY OF LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THE REQUEST HAS BEEN PREVIOUSLY ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENTS 2002-453 AND 2006-568 PREPARED FOR THE SILVERROCK SPECIFIC PLAN 06-080 WHICH WAS CERTIFIED ON JULY 18, 2006. NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF SUBSEQUENT ENVIRONMENTAL ANALYSIS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 SINCE THIS PROJECT IMPLEMENTS SPECIFIC PLAN 06-080. GOLF COURSE / TOURIST COMMERCIAL The Redevelopment Agency (RDA) is in the process of preparing plans for the permanent Clubhouse at the SilverRock Resort (SRR). The RDA has retained Altevers Associates as the project architect and Horton-Shepardson Associates (HAS) as the project landscape architect. Both firms have had extensive experience in designing golf course clubhouses including the Toscana Country Club in Indian Wells. In addition, Altevers Associates has designed several other notable local clubhouses such as PGA West, the Reserve, Stone Eagle, Thunderbird Country Club, Indian Ridge, and Mission Hills. 273 The City Council approved the SRR Specific Plan on July 8, 2006. This Specific Plan established the site location for the Clubhouse and property development standards. This site area is approximately ten acres in size and is located adjacent to the Arnold Palmer Classic Course first hole tee boxes. The Planning Commission reviewed and recommended approval of the site design and programming for the Clubhouse at its September 25, 2007 (Attachment 1). The site plan has been modified as a result of continued refinement of the project. The site plan is consistent with the approved overall site plan. Several design considerations are being evaluated by the project architect, landscape architect and civil engineer. These items include access to the service/loading area, Fire Department access, and driveway orientation. Staff will provide an update on these issues at the Planning Commission meeting. Altevers and Associates has completed the schematic building design phase which includes building elevations and building materials. Colored building elevations are not available at this time. The architectural concept is a hacienda style featuring a mix of authentic building materials. Building materials include two-piece clay tile with mortar, smooth stucco/plaster finish, steel pane window frames, ornamental iron, brick, heavy wood beams, and other design elements. The building ranges in height from 22-feet 6-inches to a maximum of 42-feet at an entry feature dome. The building architecture is intended to be compatible with the future hotel projects. Lowe Enterprises has been involved in the design and review of the proposed schematic design. Landmark Golf has also been consulted regarding the operational characteristics of the proposed Clubhouse design. Subsequently, the RDA Board approved the site design and programming for the Clubhouse at its November 6, 2007 meeting. This is the first draft of the Clubhouse schematic design concept (including architecture) that will be presented to the Planning Commission and the RDA Board for review and approval at its January 15, 2008 meeting. In the future; the landscaping plan, which is still being developed, will be submitted for the Architecture and Landscaping Review Committee review. Project Design Considerations: The site plan has been designed to be centrally located between the Arnold Palmer Classic Course and the second golf course. The site location and building orientation are intended to maximize views of the hillside and the existing Golf Course. The second golf course is intended to be a resort course and is in the early design stages. The second golf course is being designed by Jacobson/Hardy Golf Design. The following) design objectives were established for the Clubhouse: • Maximize hillside views • Create indoor and outdoor event spaces Accommodate 200 people for events • Provide; sufficient parking for golf and event functions • Create inviting entry that features convenience for golfers and allows separate access for events. • Facilitate golf cart staging areas with sufficient area to accommodate two shotgun starts • Orientate the building and site improvements to protect the Clubhouse from the No. 1 tee • Design an outdoor event lawn which creates a unique outdoor activity space with sufficient screening (eight foot wall) from SilverRock Way Consider and implement energy and environmental design features and possible LEED certification SPECIFIC PLAN CONSIDERATIONS: The proposed Clubhouse is located in Planning Area 1. This Planning Area includes both the golf course and Clubhouse as permitted uses. The property development standards for this Planning Area are as follows: Building height 40-feet Maximum number of stories 2* Minimum perimeter setbacks from perimeter residentially zoned property 20-feet Abutting commercial/other non-residential property 10-feet Minimum setback from interior property lines within the same project 0-feet *Above -ground stories The proposed building height is 22-feet 6-inches and one above -ground story. The building has two architectural elements that exceed 28-feet. The Zoning Ordinance allows architectural projections subject to Planning Commission and City Council review. The; entry ceramic dome is 42-feet in height and the limited tile roof is 32- feet 6-inches in height. The Clubhouse location is set in the middle of the site and is fully buffered by golf course areas. The increase height for architectural projects will not affect any existing views or development. All other property development standards have been complied with. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE (ALRC): The ALRC reviewed the proposed plan at its January 2, 2008 meeting and unanimously recommended approval of the proposed schematic plans. ALRC Members encouraged the RDA to consider the use of solar panels and to establish a maintenance program for all exterior wood beams. a RECOMMENDATION: The Commission discussion should be focused on the proposed schematic plans and building architecture. Exhibits provided include a site plan, main level floor plan, lower level floor plan, reflected ceiling plan, roof plan, front and rear exterior elevations, side exterior elevations, and building sections. RECOMMENDATION Review the schematic design package for the SilverRock Resort Clubhouse and provide comments to the Redevelopment Agency. Transmitted by: Assistant City Manager -Development Services Attachments: 1 . Planning Commission Minutes for September 25, 2007 2. Large Plans (Commission only) containing: Site Plan, Main Level Floor Plan, Lower level Floor Plans, Reflected Ceiling Plan, Roof Plan, Front and Rear Exterior Elevation Plan, Side Exterior Elevation Plan, Building Section Plans ATTACHMENT #1 Planning Commission Minutes September 25, 2007 6. Commissioner Barrows asked that the Palo Verde tree proposed be substituted with the native Palo Verde tree. 7. There being no further questions of the applicant, Chairman Alderson asked if there was any other public comment. There being no public comment, the public hearing was closed and open for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Planning Commission Resolution 2007-041 recommending approval of Tentative Tract Map 32848, Amendment No. 1, as recommended. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. Chairman Alderson recessed the meeting at 7:28 p.m. and reconvened at 7:34 p.m. BUSINESS ITEMS: A. SilverRock Resort Clubhouse; a request of the City of La Quinta Redevelopment Agency for consideration of concept drawings for the SilverRock Resort Clubhouse located on the southwest corner of Jefferson Street and Avenue 54. 1. Chairman Alderson asked for the staff report. Assistant City Manager Doug Evans presented the information contained in the staff report, a copy of which is on file in the Planning Department. Staff introduced Mr. Robert Altevers, architect for the project, who gave a presentation on the SilverRock Resort Clubhouse design. 2. Chairman Alderson asked if this Clubhouse design would require the rerouting of any of the existing tees. Staff stated no. This is a conceptual plan and the lake is being evaluated from a budget perspective as well as water efficiency. Staff is having negotiations with CVWD in regard to the proposed plan. Staff knows what the limitations of turf will be and the design team believes they can meet the new requirements of the CVWD Landscape Ordinance. In regard to the lake, staff is still reviewing the possibilities to ensure the City's balance on the water criteria 477 4 Planning Commission Minutes September 25, 2007 as well as the aesthetics. It will have less water than originally planned. 3. Commissioner Quill questioned the visibility of the pro -shop and starter points. Staff stated they has been considered and added into the design. Commissioner Quill stated his only concern is the new water efficiency requirements and the water features being proposed. Assistant City Manager Doug Evans stated HAS, the landscape architects, was selected as the landscape architect because one of the first issues they bought up was the water features in the design. The design team is optimistic they can meet the objectives. 4. Commissioner Barrows stated that when there are events taking place the pro -shop appears to be set off from the event area. Mr. Altever reviewed the site plan and explained it would visible from the event area. As a note, the pro -shop would be closed during most evening events. Commissioner Barrows asked about the energy and water efficiency elements that are being proposed and suggested they be part of the marketing. Mr. Altevers explained some of the marketing plans. Discussion followed regarding the different levels of LEED certification and potential certification level the project could reach. Commissioner Barrows noted her concern regarding the amount of water proposed for the project. 5. Chairman Alderson questioned how the space in the Clubhouse is being allocated in respect to the banquet facility and the other areas. Is it economically feasible to dedicate this much space to a banquet area. Mr. Altevers explained the flexibility of the floor area is to accommodate different party sizes. He cannot speak to the revenues, but does know that banquets are a large revenue operation. Discussion followed regarding banquet operations. Chairman Alderson asked if the lake would be canal water and questioned the depth that would be needed for the affect desired. Staff explained there were several options available to the design team and they were evaluating all of them. 6. There being no further questions of the staff, Chairman Alderson asked if there was any other public comment. There being no public comment, the public participation portion was closed and open for Commission discussion. •'�' 2"is Planning Commission Minutes September 25, 2007 7. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Minute Motion 2007-016 recommending approval of the concept drawings for the SilverRock Resort Clubhouse with an encouragement for water and energy efficiency efforts. Unanimously approved. B. Site Development Permit 2007-857; a request of Coachella Valley Housing Coalition for consideration of landscaping plans for the Dune Palms Neighborhood Apartments and Community Center located at the northwest corner of Dune Palms Road and Avenue 48. 1 . Chairman Alderson 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. 2. Chairman Alderson asked how these plans relate to the new CVWD Landscape Ordinance. Staff stated the landscape architect is aware of the requirements and the project will be required to meet those requirements. 3. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Brian Peulicke gave a presentation on the project. 4. There being no questions of the applicant, Chairman Alderson asked if there was any other public comment. There being no public comment, the public participation portion was closed and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Barrows/Engle to adopt Minute Motion 2007-017 recommending approval of landscaping plans for Site Development Permit 2007-857, as recommended. Unanimously approved. CORRESPONDENCE AND WRITTEN MATERIAL: None. COMMISSIONER ITEMS: A. Commissioner Engle informed the Commission about the Top of the Cove Cleanup Day on October 13, 2007. 6 279