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2011 08 02 CC
City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL CITY COUNCIL CHAMBERS 78-495 Calls Tampico La Quints, California 92253 Regular Meeting TUESDAY, AUGUST 2, 2011 3:30 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2011-062 Ordinance No. 492 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. Persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH CITY ATTORNEY, ANTICIPATED LITIGATION, INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) (ONE MATTER) ".N 001 CITY COUNCIL AGENDA 1 AUGUST 2, 2011 RECESS TO CLOSED SESSION AND TO REDEVELOPMENT AGENCY RECONVENE AT 4:00 P.M. 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION BY SCOTT WHITE, PRESIDENT AND CEO OF THE PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JULY 19, 2011 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 2, 2011 2. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE NATIONAL LEAGUE OF CITIES FALL POLICY FORUM TO BE HELD SEPTEMBER 8-10, 2011 IN NEW ORLEANS, LOUISIANA " 002 CITY COUNCIL AGENDA 2 AUGUST 2, 2011 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR PLANNING DIRECTOR TO ATTEND THE 2011 AMERICAN PLANNING ASSOCIATION ANNUAL CONFERENCE TO BE HELD SEPTEMBER 11-14, 2011 IN SANTA BARBARA, CALIFORNIA 4. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP NO. 32683-1, WASHINGTON PARK, WASHINGTON 111, LTD. 5. ACCEPTANCE OF ADAMS STREET, MILES AVENUE, AND DUNE PALMS ROAD SIGNAL INTERCONNECT PROJECT, PROJECT NO. 2009-24, FEDERAL AID PROJECT NO. CML 5433 (010) 6. RATIFICATION OF DIRECTOR OF PUBLIC WORKS / CITY ENGINEER REJECTION OF BIDS AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS / CITY ENGINEER TO RE -ADVERTISE FOR BIDS THE WASHINGTON STREET IMPROVEMENTS AT EISENHOWER DRIVE AND CALLE TAMPICO, PROJECT NO. 2010-09, AND TO AWARD THE CONTRACT 7. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP NO. 30092, PIAZZA SERENA, CADO LA QUINTA, LLC 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP NO. 30092, PIAZZA SERENA, CADO LA QUINTA, LLC 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP NO. 31627, RESIDENCE CLUB AT PGA WEST, NADADOR, LLC 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP NO. 31627, RESIDENCE CLUB AT PGA WEST, NADADOR, LLC 11. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP NO. 31681-3, ANDALUSIA, CORAL OPTION I, LLC 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION. OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP NO. 31681-3, ANDALUSIA, CORAL OPTION I, LLC ''." 003 CITY COUNCIL AGENDA 3 AUGUST 2, 2011 13. AUTHORIZE THE CITY MANAGER TO FILE AN APPEAL OF THE DEPARTMENT OF FINANCE'S DETERMINATION PURSUANT TO HEALTH AND SAFETY CODE SECTION 34194(b)(2)(L) 14. APPROVAL TO EXCUSE COMMISSIONER ROBERT WILKINSON'S ABSENCE FROM THE JULY 26, 2011 PLANNING COMMISSION MEETING 15. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 491 OF THE CITY OF LA QUINTA DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE LA QUINTA REDEVELOPMENT AGENCY 16. ADOPTION OF A RESOLUTION APPROVING THE RELOCATION PLAN FOR 78181 AVENIDA LA FONDA (APN 770-125-003), 78182 AVENIDA LA FONDA (APN 770-124-007), AND 78153 MAIN STREET (APN 770-124- 004) 17. ADOPTION OF A RESOLUTION PURSUANT TO HEALTH & SAFETY CODE SECTION 33334.16, EXTENDING THE TIME PERIOD TO INITIATE THE DEVELOPMENT AND DISPOSITION OF THE FOLLOWING AFFORDABLE HOUSING PROPERTIES: APNs 600-030-002 THROUGH -005, -008, -009, DUNE PALMS / WESTWARD HO; APN 609-040-028, SOUTH OF WASHINGTON/HIDDEN RIVER ROAD; APN 773-077-014, SOUTHEAST CORNER.OF AVENIDA MENDOZA AND AVENIDA MONTEZUMA BUSINESS SESSION 1. CONSIDERATION OF A TEMPORARY ART DONATION AND APPROVAL OF AN AGREEMENT FOR TEMPORARY LOAN OF ARTWORK WITH JOE OAKES A. MINUTE ORDER ACTION 2. CONSIDERATION OF A REPRESENTATIVE FOR THE COACHELLA VALLEY ECONOMIC PARTNERSHIP BOARD OF DIRECTORS A. MINUTE ORDER ACTION STUDY SESSION — NONE «.. 004 CITY COUNCIL AGENDA 4 AUGUST 2, 2011 REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (FRANKLIN) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TEAL) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. INVESTMENT ADVISORY BOARD MINUTES OF JUNE 8, 2011 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK - NONE 4. BUILDING & SAFETY DEPARTMENT REPORT A. UPDATE ON WEED ABATEMENT POLICY 5. COMMUNITY SERVICES DEPARTMENT REPORT A. UPDATE ON SAHARA MUSTARD 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT A. GENERAL PLAN UPDATE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE .." 005 CITY COUNCIL AGENDA 5 AUGUST 2, 2011 RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS 1) CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; AND 2) APPROVING A GENERAL PLAN AMENDMENT FOR THE LA QUINTA HOUSING ELEMENT UPDATE A. TWO RESOLUTION ACTIONS 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS 1) CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; AND 2) APPROVING A TENTATIVE TRACT MAP FOR 11 LOTS ON 9.14 GROSS ACRES, LOCATED AT THE SOUTHWEST CORNER OF MADISON STREET AND AVENUE 51 (A.K.A. VISTA BONITA TRAIL). APPLICANT: PEDCOR COMMERCIAL DEVELOPMENT A. TWO RESOLUTION ACTIONS 3. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE LA QUINTA MUNICIPAL CODE SECTION 9.170 COMMUNICATION TOWERS AND EQUIPMENT; SECTION 9.40.040 TABLE OF PERMITTED USES; SECTION 9.60.080 SATELLITE DISH AND OTHER ANTENNAS; SECTION 9.80.040 TABLE OF PERMITTED USES; SECTION 9.90.020 ROOF ,,.„ 006 CITY COUNCIL AGENDA 6 AUGUST 2, 2011 PROJECTIONS; SECTION 9.100.070 SATELLITE DISH AND OTHER ANTENNAS; AND SECTION 9.120.020 TABLE OF PERMITTED USES A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. (492) FOR FIRST READING ADJOURNMENT THE FOLLOWING REGULAR MEETINGS OF THE CITY COUNCIL HAVE BEEN CANCELLED: AUGUST 16, 2011 and SEPTEMBER 6, 2011. The next regular meeting of the City Council will be held on SEPTEMBER 20, 2011 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING 1, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of August 2, 2011, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on July 29, 2011. z 29, 2011 ONTECINO, City Clerk City of La Quinta, California Public Notices • The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. • If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777-7103. A one (1) week notice is required. '..M 007 CITY COUNCIL AGENDA 7 AUGUST 2, 2011 • If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. • Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. "A 008 CITY COUNCIL AGENDA 8 AUGUST 2, 2011 Tity� 4 4 4" COUNCIL/RDA MEETING DATE: August 2, 2011 ITEM TITLE: Approval of Demand Register Dated August 2, 2011 RECOMMENDATION: Approve Demand Register Dated August 2, 2011 BACKGROUND: Prepaid Warrants: 92605 - 92628} 92629 - 92642} 92643} 92644 - 92652} 92653 - 92683} 92684} Voids} Wire Transfers} P/R 36406 - 3641 E P/R Tax Transfers} Payable Warrants: 92685 - 92818} FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA .^ Demand of Cash - HA John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR I at11w&1i*11 $w1 [all 3- a9I5"-qma 101,675.86 115,066.46 37,500.00 60,656.19 45,071.69 739.50 (5,425.25) 67,143.33 199,947.61 56,672.42 649,225.64 $1,328,273.45 $1,171,117.71 $157,155.74 $0.00 N.: 009 CITY OF LA QUINTA BANK TRANSACTIONS 7/13/11 - 7/26/11 7/22111 WIRE TRANSFER - ICMA 7/22/11 WIRE TRANSFER - PERS 7/22111 WIRE TRANSFER - LQCEA $10,983.09 $56,012.74 $147.50 TOTAL WIRE TRANSFER OUT $67 143.33 a. .. 010 I� I p p W I Y D r l I ¢ N Z I Iallol W I W I•I O I (J I S I 6 ^qQ I a �rz I I LLQ I W S I I ; I O o 0 o M M ON m NOmNOVl/1obPNlfl b mVNVVmmOnVnnnn n - I CY1 r � O o o e n n O n N V N m b o 0 o n n P V m P o V n V V b o M N O N N N N Ill I WZ I O O o o P P NN P M.�IMNMVbVNmmm n VmOnnnNVbNbbbb Ill I =� I O O o o .r n0 b PPNYIV PM.•In n�•IM Ill Pmbm+n �•I�•IX M US I N N N N .•I .r N'-I .+ MVV.+N •yM on. -I N VNMIIiV ee .+.M.•IMMMM n I Q I O O 44r• M I O N I n 0 W � r I a I X J J J J J J U i W f.7 F ID r H H la- Q rc.l I S r x r r r a r r N WW w I S O' x K z W W rc O rc rc J Z I S O S O O LLLL O W O O U z U z O O L z q z Z Z 2 Z Z Q o r l W W W 00 W U U U U U U U W U U U W W >N xLL I > f.1J > > I -I I -I > >O»»»1»> z > > O\ Ww I 2 Z rr N••1NNNNNN¢NNN R'tl1 rY I z z - N Q¢ L U I-IW I Z z w 00 w G'. 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O (J O O O w w > N K W W +ZO .. IL � ., z o Q e« N >Y1 p N \p z 2 mot \z V M w Z 1 NC Nw wz"ww. Z NLL \M WZI-IWW 1 wo 1 \ 00 m= 4< 1 0:o r> oUl 'I" "1 Hw o6 w p 1 H 1 3 •• ZC.1Mn'n 1 w n o x Q p U p 1 o w o 2 K Q n zu w 2 am p nano w o o 000 1 as wo 000. o:w v df.! (DOCK 1 fp J a 9L 0 a co co co 1 1 zz O 00 U Q N 038 Ii' U ' 1 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: Auqust 2, 2011 BUSINESS SESSION: _ ITEM TITLE: Authorization of Overnight Travel for One Member of the City Council to Attend the National CONSENT CALENDAR: League of Cities Fall Policy Forum to be Held September STUDY SESSION: _ 8-10, 2011 in New Orleans, Louisiana PUBLIC HEARING: RECOMMENDATION: Approve authorization of overnight travel for Council Member Terry Henderson to attend the National League of Cities Fall Policy Forum to be held September 8-10, 2011 in New Orleans, Louisiana. FISCAL IMPLICATIONS: The Fiscal Year 201 1 /2012 Budget has allocated funds for travel, training, and meetings for the City Council. Funds for this conference attendance are available in the Legislative Program's Travel, Training, and Meetings account (#101-1001-41 1:51- 01). Expenditures for this meeting are estimated as follows: Transportation (flight, ground transportation and parking) $ 685 Hotel (three nights) $ 450 Meals (four days x $75) $ 300 TOTAL $1,435 CHARTER CITY IMPLICATIONS: None. .N 039 BACKGROUND AND OVERVIEW: The National League of Cities will hold their 2011 Fall Policy Forum September 8-10, 2011 in New Orleans, Louisiana (Attachment 1). This event provides the opportunity for members of the National League of Cities Policy and Advocacy Committees to come together in discuss key federal policy issues affecting cities and towns. The Forum will also allow time for each Committee to meet to develop, review and revise policy positions for consideration at the Congress of Cities to be held this November in Phoenix, Arizona. Council Member Henderson is a member of the Policy Committee. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization of overnight travel for Council Member Terry Henderson to attend the National League of Cities Fall Policy Forum to be held September 8-10, 2011 in New Orleans, Louisiana; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, V&1L4k Wanda Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Save the Date: National League of Cities 2011 Fall Policy Forum SAVE THE DATE: 2011 Fall Policy Forum I nlc.org ATTACHMENT I. SAVE THE DATE: 2011 Fall Policy Forum NLC is excited to host this inaugural Fall Policy Forum, bringing together the organization's leadership with members of five Policy and Advocacy Committees to develop policy positions for consideration during the Annual Business Meeting at NLC's Congress of Cities in November. The Forum will feature individual steering meetings, as well as joint plenary sessions to consider issues affecting all of the committees. In addition, NLC has reached out to the City of New Orleans and Mayor Mitch Landrieu's office to coordinate opportunities for Committee members to see firsthand some of the ongoing Hurricane Katrina recovery and redevelopment Initiatives, and other city projects of relevance to Committee work. Please block these dates on your calendar and plan for an exciting and dynamic forum! Stay tuned —additional meeting details, hotel information and agendas are forthcoming. ® 2010 National League of Cities 11301 Pennsylvania Avenue NW Suite 550, Privacy Policy Site Map Washington, DC 20004 htip://www.nlc.orglinfluence-federal-policy/policy-committees/save-the-date-2011-fall-pol... 7/25/2Q1] 1 T4hf 4 4 a" COUNCIL/RDA MEETING DATE: August 2, 2011 ITEM TITLE: Authorization of Overnight Travel for the Planning Director to attend the 2011 American Planning Association Annual Conference to be held September 1 1-14, 2011 in Santa Barbara, CA RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Approve authorization of overnight travel for the Planning Director to attend the 2011 American Planning Association annual Conference to be held September 11-14, 2011 in Santa Barbara, CA. FISCAL IMPLICATIONS: Funds for this conference attendance are included in the Fiscal Year 201 1 /2012 Legislative Program's Travel, Training and Meetings Account (#101-6001-463.51-01). Expenditures for this conference are estimated as follows: Registration $ 450 Travel $ 0 *Using City Vehicle Lodging and parking $ 400 Meals (2 days) $ 150 Total $ 1,000 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The California American Planning Association will be holding their annual State Chapter Conference, at Fess Parker's in Santa Barbara, California September 11-14, 2011. •-M 042 The conference will feature a variety of sessions and discussion forums on topics such as smart growth, economic development, housing, urban design, transportation/circulation, and environmental quality (Attachment 1). The Planning Director is also attending the 2011 Conference in order to interact with the event planners in preparation for hosting the 2012 Conference, which will be in Rancho Mirage. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization of overnight travel for the Planning Director to attend the 2011 American Planning Association annual Conference to be held September 11-14, 2011 in Santa Barbara, California; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, �e— J Les Johnson, Planning Dir ctor Approved for submission by: c�'"" Thomas P. Genovese, City Manager Attachment: 1. APA 2011 Annual Conference Schedule of Events ...» 043 . .., . Revved 7-(6--tf- ATTACHMENT # 1 2011 APA California Chapter Conference Conference -at -a -Glance 8:30 am - 12:00 noon , Student Registration 9 00 aJnA 1:00 pm ' :•"Wm£. ARnobileiwi4inpr on � " Mobile Workshop #1' - Multi -Purpose Trails and Watershed Planning: The Ojai �!alley/Vetlti3a'�tiver Trail:' � - .. . swty,2ope„ roeuerrexoess. Mobile Workshop #2' -Reuse and Reinvention in Urban Centers -Downtown Ventura 10:00 - 11:30 am What's Next (CPF Session) .11.45 am - 1:00 pm Student Awards Luncheon (students only) 12:00 noon - 5:00 pm Mobile Workshop #3' - Santa Ynez Valley Sustainable Wine -Making and Tasting Tour 12:00 noon - 6:00 pm I Conference Registation and Exhibitor Set Up' Planning 101: How to Get and Keep a Job Introduction to CEQA and Careers in Environmental Planning 1:15 - 4:30 pm Student Posterboard Display 3:00 - 4:00 pm PEN Annual Membership Meeting Resumes and Interviews for Students Charting a Career in Sustainability - Steps Students Can Take Before Graduating 5:00-,10:00 pm Opening Reception - Santa Barbara Zoo 'M 044 D 4d 4 O. la Annual CEQA Update Inclusionary Housing Ordinances: What's Next? Planting New Seeds: Sustainability and the Growing Popularity of Urban Agriculture ENGAGE! Putting the Crowd to Work Retail and Your Community Urban Design, Form, Feasibility and the Next Generation OR If You Plan It, Will They Come? The Two Sides of Going Green - Ethical and Environmental Dilemmas in Sustainability Planning Local Climate Change Planning in 75 Minutes Planning Undercover: Land Use As An Art Form 2:00 - 6:OO put . Mobile Workshop #5 - Art and Wine in Santa Barbara's Funk Zone 3:30 - 4:00 pan Afternoon Break - CPF Silent Auction Opens LEED-ND Celebrity Jeopardy! Or.... Who's SmarterThada Planner? Technology Natives vs. Technology Immigrants Greening the Supply Chain - Problems, Prospects, and Plans APA Ethics Workshop No Shoe Phone Gimmicks Here! Tips to Avoid CEQA (and NEPA) Meetings with Your Attorney Beyond Buildings: New Models to Provide Affordable Housing and Break the:Cycla of Homelessness Evolution of Green Building: What's Next for Tomorrow's Sustainable Communities? Sustainable and Restorative Community Development with Form -Based Codes Working Towards Effective and Efficient Conservation and Mitigation of Habitat and Open Space S:45=i9:00pm' CPF Auction and Reception (Live and Silent) 7:30 - 9:00 am , Continental Breakfast - Exhibit Area 7:30 am - 6:30 pm Conference Registration 7:30 am - 7:30 pm Exhibits Open 9,:OO am i3 00'4bon ` ' Mobile. Workshop #6- Affordable Housing -Tour r, ..,. S: am - 12 00 noon �lofobile Workshop H7 = LEED by tXample Sustainability and Public Relations The Networked and Intelligent City How Can Planners Be Leaders: Getting Beyond Permit Processing (CPR Session) Thinking Inside the Box: Best Practices on an Innovation to Improve Traffic Safety and Encourage Bicycling Smart Growth: Successes and Challenges on California's Central Coast: Lessons of Infill Development from the Cities of San Luis Obispo, Santa Barbara and Ventura Renew and Rebuild - Strategies for Addressing the Foreclosure Crisis A Tale of Two Cities, A Tale of Two Rivers It 045 Revised 7-/6-11 Making Science Relevant to Policymakers Complete Streets: From Policy to Implementation Passing the AICP: Planning Jeopardy! Momentary Metropolis: City Planning Lessons from Burning Man FAR Wars: In a Community FAR, FAR Away... The Future of Redevelopment - Transition Planning for Expiring Agencies Campus and Community Life: A Collaboration That Works . Workforce and Rental Housing ... Myths and Realities Model People -Oriented Street Manual Zoning and Stormwater 202: The Nitty-Gritty of Coding for Water Quality We Built This City on Rock and Roll (Earthquakes That Is!) The Once and Future General Plan (Planners Emeritus Network) Preparing Successful Planning Grant Applications The Value of Green Building Programs: GHG Savings or Catalysts for Climate Action Plans? Everything You Wanted to Know About APACA CT EARTH: A New Era for Viewing Integrated Multimodal Transportation Data Urban Design Review: Santa Barbara's Process History, Practice, Enhancement, and Ideas Got Water9 Prove It! 12:30 - 2:00 pm Keynote Luncheon - Panama Bartholomy, California Energy Commission ECAT Update - What's New With the CEQA improvement Effort Property Rights, Takings, and Exactions: A Legal and Practical Update for Planners Greening Communities: Using LEED To Guide the Design of New Housing and Improve Existing Communities More Than a Mission — Respecting Historic Resources Under CEQA Cracking the Code: Making a Form-Based/traditional Hybrid Code Work for Your City Electric Technology & Community Sustainability: A Planning Partnership Creating a Complete Community -The Real Benefits of Affordable Housing LED Signs: The Future Is Now - Is Your Sign Code. Ready? Lighten Up 3:00 - 6:00 pm Mobile Workshop #8 - The Gaviota Coastline and Platform Holly 3:35 - 4: I5 pm Afternoon Break Exhibit Area Using Public Health Data and Information for Planning The Man With the Golden Gun (aka. Sound Level Meter) ".11 046 2evtsea 7-16_1t 7:30 - 9:00 am Light Continental Breakfast J:30 am -:12:00 noon Registration Grand Boulevard Initiative: Advancing Regional Planning Through Local Collaboration Infill Development and CEQA under SB 375 Successes and Challenges of the Mission to Revitalize the Los Angeles River RFPs Exposed Bag the Plastic Bags - State and Local Efforts to Restrict Plastic Bag Use You Just Don't Understand Me: Making PublicfPrivate Communication More Effective Reaching Community with Student Assistance: Augmenting Public Outreach at Cal Poly SLO A Small Project with a Big Personality - .. The Baseline Inventory: What You Should Know Before Preparing a GHG Reduction Plan Moving Forward: A Tool for Estimating VMT Reductions Going Green When You're in the Red: Sustainability on a Budget From San Joaquin to Sonoma 3D Modeling in Planning Creating Centers of Innovation: Economic Development and Place -Making Land Assembly in a Post -RDA World First Report of TRB Study on Highway Planning in Sensitive Habitats: Taking an Ecological Approach < .;.. Wind Energy Ordinances in California: Facing Issues & Discussion Actions to Overcome Them 11:00 am - 12:15 pm Closing Plenary Session - Census 2010. Where Did My People Go? 1:00 - 3:00 pm Exhibitor Tear -Down _4:00 - 4:00 pm Mobile Workshop #9 - Lotus Land - A Tour of California's Premier Estate Botanic Garden NOTE: All required APA California leadership meeting dates and times to be determined. The Conference -at -a -Glance is subject to change. Please check this site often for updates. ...I$ C. 4 7 -,. ........w ! & < � aui unua, events Page 1 of 2 American Planr" Assodab n . . Caw"rlaCltapter Welcome to the online home of the APA California 2011 Annual Conferencel 147.brgCmVrQmmunmes Nappty, The California Chapter presents a statewide conference annually that provides networking and educational opportunities for its members. These popular conferences attract planning About us professionals from throughout California, the United States, and around the world. Membership Events Legislation Professional Day. CM Activities Jobs Cal Planner Resources Local Sections News Room Contact Us User Name: Password: Remember Q Login: Log In Fomer von, ru .Ml Or, to request a login for this site, click here. MISSION POSSIBLE SEPTEMBER 11-14, 2011 Fess Parker's Doubletree Resort 633 East Cabrillo Boulevard Santa Barbara, CA 93103 . Phone:805.564.4333 bgi)jM,ww.fessoarkersantabarbarahotel.com/ GENERAL INFORMATION • Updated: Conf n -at-a- • cal Planner. conference I' • Program Ad Specifications - Program ad deadline is 8/1/11. • Exhibitor and Sponsorship Ooport mitt s & Floor Plan - Exhibitor and Sponsor payment deadline is 7/15/11. • Under Construction: Conference Sessions Presentations. NOTE: Change in mailing address for Exhibitor and Sponsor payments. Please mail to APA California Conference, Go ATEGO Resources, PO Box 214065, Sacramento, CA 95821. CONFERENCE REGISTRATION Early registration deadline is July 15m. Only online registration is available. You can pay by check or credit card. Your check number is not necessary to complete registration. Click here to resister: Cancellation Policy: Cancellations received on or before 6/15/11 will receive a full refund. Cancellations received by 7/29/11 will receive an 80% refund minus a $50 Processing fee. NO REFUNDS AFTER 7/29/11. After 7/29/11, registrations are transferrable, but not refundable. To cancel a registration, contact Pamela Jones at Damela.ionesCahhinkrea com. Full Conference Registration Foes: By 7115f11 By $/15ft1 After 8115111 or On Site APA Member- Attendee/Exhibitor/Sponsor $450.00 $475.00 $500.00 Non -Member- Attendee/Exhibitor/Sponsor $525.00 $550.00 $575.00 Student $225.0; $225.00 $225.00 Young Plannee $325.00 $325.00 $325.00 Life Member $225.00 E225.00 - '225.00 Conference Session Speaker E360.00 E360.00 $360.00 Single Day Regisl dlon Fees: By 7f15111 By 8f15111 Aftwillillifil or On Site PA Member - AtteMee/Exhibitor/Sponsor $275.00 00 $325.00 on-Member-AtterMee/Exhibitor/Sponsor $350.00t$30.0 375.00 $400.00 ,,.a::. C 4 8 http://www.calapa.org/2011-conference/ 7/20/2011 ZUl l Conterence - APA California, Events Page 2 of 2 Student $150.00 1 $t50.00 5750.00 Young Planner' $225.00 $225.00 $225.00 Life Member $150.00 $150.00 $150.00 Conference Session Speaker $2W00 $260.00 $260.00 Please note: APA/APACA membership is required to receive member rate for conference registration. Life Members must hold a membership. for 25 years at a minimum age of 65. Young Planner must be 35 or under, an APA Member, and out of school less than 6 years. Click here to resister for conference HOTEL RESERVATIONS A block of rooms have been reserved at the Fess Parker's Doubletree Inn in Santa Barbara for September 10, 2011 - September 14, 2011. The negotiated rate is $199 per night, single and double occupancy. This special room rate will be available until August 12th or until the group block is sold -out, whichever comes first. Click hereto make a room reservation. TRANSPORTATION Santa Barbara Car Free: Vehicles are a major source of smog pollution and greenhouse gases contributing to global climate change. The Santa Barbara Car Free Project is a cooperative partnership led by the Santa Barbara County Air Pollution Control District for cleaner air and a healthier planet. Visit the Santa Barbara Car Free website for information on getting to/from Santa Barbara as well as getting around Santa Barbara. Check out the 20% discount offer from Amtrak! For all other questions or comments regarding the conference, contact Lynne Bynder at Ibvnder(a)meetinasxoeotional com or call 760.799.2740. NEW., CARPOOL TO/FROM THE CONFERENCE! 10 If traveling to the 2011 Conference in a car is part of your plan, think about carpooling! For your convenience, APA California has created a link to a web -based bulletin board, eRideshare.com. We've established a group solely for use by Conference attendees where you can post "Rides Offered" and "Rides Wanted." ft's easy (and free) to register. Click here for more information and to register. Management Services and Web Site Design by InSiteLogic I Tendenci0" Membership Management Software 049 http://www.calapa.org/201 I -conference/ 7/20/2011 Tjhf 4 4 a" COUNCIL/RDA MEETING DATE: August 2, 2011 ITEM TITLE: Acceptance of On -Site Improvements Associated with Parcel Map No. 32683-1, Washington Park, Washington 111, Ltd. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Parcel Map No. 32683-1, Washington Park, Washington 111, Ltd. and authorize staff to release the performance security; direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 32683-1, Washington Park, Washington 111, Ltd., is located on the west of Adams Street between Highway 111 and Avenue 47 (Attachment 1). All obligations of the Subdivision Improvement Agreement for the on -site improvements have been satisfied. ..% C. 5,0 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Parcel Map No. 32683-1, Washington Park, Washington 1 1 1, Ltd. and authorize staff to release the performance security.; direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Parcel Map No. 32683- 1, Washington Park, Washington 1 1 1, Ltd. and do not authorize staff to release the performance security; do not direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R J nas P.E. Public Works Dire or/City Engineer Attachment: 1. Vicinity Map Approved for submission by: Thomas P. Genovese, City Manager .,„ 051 ATTACHMENT 1 PM 32683-1 WASHINGTON PARK PROJECT SIT72 FISFNHOMER VICINITY NOT TO SCALE a C52 Tldf 4 4 a" COUNCIL/RDA MEETING DATE: Auqust 2, 2011 ITEM TITLE: Acceptance of Adams Street, Miles Avenue, and Dune Palms Road Signal Interconnect Project, Project No. 2009-24, Federal Aid Project Number CIVIL 5433 (010) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept Adams Street, Miles Avenue, and Dune Palms Road Signal Interconnect Project, Project No. 2009-24, Federal Aid Project Number CIVIL 5433 (010), as 100% complete; authorize the City Clerk to file a notice of completion with the Office of the County Recorder; authorize staff to release retention in the amount of $26,126, thirty- five (35) days after the notice of completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total . Amount Spent Through May 31, 2011 Remaining Anticipated Inspection, Testing & Survey Costs Project Budget Amount Available Revised Contract Amount Project Budget Amount Remaining After Construction Efforts Original Construction Contract Amount Contract Change Orders (None) New Contract Total Amount Paid to Contractor to Date Total Remaining Fiscal Commitment to Contractor Total Retention to be Released Contract Amount Remaining to be Billed by Contractor $ 440,000 ($ 14,662) ($ 10,000) $ 415,338 ($ 261,256) $ 154,082 $ 261,256 $ 0 $ 261,256 ($ 35,884) $ 225,372 ($ 26,126) $ 199,246 Adequate funding is available to pay the contractor's remaining billing ($199,246) and retention ($26,126 for project closeout. �.N' r53 CHARTER CITY IMPLICATIONS: The project is partially funded with Federal Congestion Mitigation Air Quality (CMAQ) funding and Redevelopment Agency (RDA) funding. As such, the project was subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: On May 5, 2009, the City Council adopted a resolution of the City Council approving the submittal of an application to CVAG for partial funding for the following five projects in order of priority: Project No. 1 - Traffic Signal Synchronization • Eisenhower Drive from Coachella to Calle Tampico; and • Calle Tampico from Eisenhower Drive to Washington Street Project No. 2 - Traffic Signal Synchronization • Adams Street from Westward Ho to Fred Waring Drive; • Miles Avenue from Adams Street to Dune Palms Road; and • Dune Palms Road from Miles Avenue to Fred Waring Drive Project No. 3 - City Owned Property PM-10 Stabilization • Use of contract farming on undeveloped property at SilverRock • Planting of Bermuda and Sudan grass on undeveloped areas not being farmed Project No. 4 - New Traffic Signal • Design and construct a new traffic signal at the intersection of Dune Palms Road and Retail Center Drive Project No. 5 - New Traffic Signal • Design and construct a new traffic signal at the intersection of Madison Street and Avenue 54 On December 7, 2009, CVAG's Executive Committee approved CMAQ funding, in the amount of $992,000, toward City project priorities 1, 2 and 5. On September 21, 2010, the City Council approved the plans, specifications and engineer's estimate (PS&E), and authorized staff to advertise the Adams Street, Miles Avenue, and Dune Palms Road Signal interconnect improvements for bid, Project No. 2009-24. On October 19, 2010, Caltrans approved the City's request for authorization to proceed with construction, obligated funding, and authorized the City to advertise the project. On January 4, 2011, City Council awarded a contract to Flatiron Electric Group, Inc., in the amount of $261,256, to construct the Adams Street, Miles Avenue, and Dune n C54 Palms Road Signal Interconnect Project, Project No. 2009-24, Federal Aid Project Number CIVIL 5433 (010) and authorize the City Manager to execute the contract. On April 14, 2011, a notice to proceed was issued with a forty five (45) working day contract completion time starting April 18, 2011, and ending on June 20, 2011. Contract change orders were not issued, therefore no time extensions were necessary. The project was deemed substantially complete on June 17, 2011. As per project specifications section 1500-3.2, no liquidated damages or early completion incentives are recommended. The signal interconnect improvements were installed at Dune Palms Road between Fred Waring Drive and Miles Avenue, and Adams Street between Fred Waring and Westward Ho (Blackhawk Way), as per the vicinity map (Attachment 1). No contract change orders were issued for this project and no quantity adjustments were required. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the notice of completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a notice of completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the Adams Street, Miles Avenue, and Dune Palms Road Signal Interconnect Project, Project No. 2009-24, Federal Aid Project Number CIVIL 5433 (010) as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $26,126, thirty-five (35) days after the Notice of Completion is recorded; or 2. Do not accept Adams Street, Miles Avenue, and Dune Palms Road Signal Interconnect Project, Project No. 2009-24, Federal Aid Project Number CIVIL 5433 (010) as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $26,126, thirty-five (35) days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. 055 3. Provide staff with alternative direction. Respectfully submitted, mothy R.Qqhasjn, P.E. Public Works Dir for/City Engineer Attachment: 1. Vicinity Map Approved for submission by: Thomas P. Genovese, City Manager a 0.56 ATTArWKAchm M 057 COUNCIL/RDA MEETING DATE: August 2, 2011 ITEM TITLE: Ratification of Director of Public Works/City Engineer Rejection of Bids and Authorize the Director of Public Works/City Engineer to re - advertise for bids the Washington Street Improvements at Eisenhower Drive and Calle Tampico, Project No. 2010-09, and award the contract RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: L7 STUDY SESSION: PUBLIC HEARING: Ratify Director of Public Works/City Engineer rejection of bids and authorize the Director of Public Works/City Engineer to re -advertise for bids the Washington Street Improvements at Eisenhower Drive and Calle Tampico, Project No. 2010-09, and award and execute the contract. FISCAL IMPLICATIONS: The following is the project's recommended funding and funding sources: RDA Project Area Number 1 (Left Turn at Tampico) RDA Project Area Number 2 (Right Turn at Washington) Total Recommended Funding: The following is the project budget: Design: Inspection/Testing/Survey: Construction: Contingency (15%►: Total Anticipated Budget: $165,000 $255,670 $420,670 $51,000 $ 30, 000 $288,715 $50,955 $420,670 C58 CHARTER CITY IMPLICATIONS: The project will be funded with RDA Project Area funds. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The improvements at Washington Street and Eisenhower Drive will include a dedicated right turn lane from southbound Washington Street onto westbound Eisenhower Drive, including new curb and gutter, new meandering sidewalk and a handicap access ramp, signal modification, and new signing and striping. Construction of these improvements will require a minor right-of-way dedication from the Laguna de la Paz Home Owners Association (HOA). Additional left turn lane improvements are proposed to be constructed at the intersection of Washington Street and Calle Tampico. The additional improvements would modify the intersection to allow for an additional left turn lane from eastbound Calle Tampico to northbound Washington Street, and include modifications to the traffic signal, median curb, and signing and striping. Due to the similar scope and nature of these projects, the projects were combined into one engineering and construction effort in an attempt to realize economies of scale cost savings. On April 20, 2010, the City Council adopted a resolution approving the Fiscal Year 2010/2011 through 2014/2015 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a), and consenting to the use of La Quinta Redevelopment Agency funding for the improvements identified in the CIP. The Washington Street Dedicated Right Turn Lane at Eisenhower Drive Project is included within the adopted CIP and scheduled for funding during Fiscal Year 2010/2011. On March 1, 2011, the City Council appropriated unspent Proposition 1 B funds for use on the Washington Street Dual Left Turn Lanes at Avenue 48 and the Washington Street Dedicated Right Turn Lane at Eisenhower Drive Projects, and approved Amendment No. 1 to the Professional Services Agreement (PSA) with Albert A. Webb Associates for additional engineering services to modify the signal and raised median at the intersection of Washington Street and Calle Tampico. On June 21, 2011, the City Council approved the plans, specifications, and engineer's estimate (PS&E) and authorized staff to advertise for bid the Washington Street Right Turn Lane Improvements at Eisenhower Drive and Left Turn Lane .M C59 Improvements at Calle Tampico, Project Number 2010-09, and authorized the Public Works Director to award a construction contract, up to the amount of $339,670, to the lowest responsive bidder. On July 6, 2011, the'City received three (3) bids, with the lowest bid being $389,862, which was above the authorized amount for the Director of Public Works/City Engineer to award. The Director of Public Works/City Engineer subsequently rejected all bids and directed the design consultant to reduce the scope of the project to bring down the construction cost and re -advertise the project for bids to be received on August 8, 2011. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Ratify Director of Public Works/City Engineer rejection of bids and authorize the Director of Public Works/City Engineer to re -advertise for bids the Washington Street Improvements at Eisenhower Drive and Calle Tampico, Project No. 2010-09, and award and execute the contract; or 2. Do not ratify Director of Public Works/City Engineer rejection of bids and do not authorize the Director of Public Works/City Engineer to re -advertise for bids the Washington Street Improvements at Eisenhower Drive and Calle Tampico, Project No. 2010709, and do not award and execute the contract; or 3. Provide staff with alternative direction. Respectfully submitted, L44� imothy R. on n, P.E. Public Wo s D ctor/City Engineer Approved for submission by: John M. Falconer, Acting City Manager ..A 0160 F OF Tt� COUNCILIRDA MEETING DATE: August 2, 2011 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 30092, Piazza Serena, Cado La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to August 2, 2012 for Tract Map No. 30092, Piazza Serena, Cado La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Piazza Serena (Tract Map No. 30092) is located north of Avenue 58 and west of Monroe Street (Attachment 1). On February 3, 2005, the City and K. Hovnanian Forecast Homes, Inc. entered into an SIA for Piazza Serena. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. On November 20, 2007, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements as specified in the approved SIA to September 3, 2008. On November 4, 2008, the City Council adopted a resolution granting a second time extension for the completion of the on -site improvements as specified in the approved SIA to March 3, 2009. On December 15, 2009, the City Council adopted a resolution granting a third time extension for the completion of the on -site improvements as specified in the approved SIA to September 3, 2010. Since that time, K. Hovnanian and Cado La Quinta, LLC have been in negotiations for the sale of the property which delayed their SIA extension request. On June 7, 2011, the City Council approved the Assignment and Assumption Agreement which assigns the subdivision improvement obligations for Piazza Serena from K. Hovnanian to Cado La Quinta, LLC. In a letter dated July 19, 2011 (Attachment 2), Cado La Quinta, LLC requests additional time to complete the remainder of the on -site improvements due to the existing real estate market conditions. The remainder of the on -site improvements includes capping of the interior streets near the vacant lots and minor repairs to some of the completed improvements. The developer requests a time extension for the on - site improvements to December 31, 2013. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the SIA to August 2, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to August 2, 2012 for Tract Map No. 30092, Piazza Serena, Cado La Quinta, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to August 2, 2012 for Tract Map No. 30092, Piazza Serena, Cado La Quinta, LLC; or •..N 0,62 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jo as n P.E. Public Works Dire r/City Engineer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Vicinity Map 2. Letter from Cado La Quinta, LLC dated July 19, 2011 "� C63 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO AUGUST 2, 2012 FOR TRACT MAP NO. 30092, PIAZZA SERENA WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30092, Piazza Serena, on February 3, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 3, 2010, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City. Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to August 2, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on August 2, 2012. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. "A 064 Resolution No. 2011- Tract Map No. 30092, Piazza Serena Adopted: August 2, 2011 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of August 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California ••s C 6 5 ATTACHMENT 1 TM 30092 - PIAZZA SERENA COACT PROJECT SITE VICINITY MAP NOT TO SCALE ...p ^ 066 CADO LA QUINTA LLC 0 C/ . CAPSTONE ADVISORS. 154.5 FARADAY AVENUE CARLOAD, CIALIF012IM—A,92008 T 760.81104...6900 F 760.804.6901 July 19* 2011 Ms.. -Amy Yu City ofLa Quinta Nblic Works Department 7.8495 Calle Tarnpico La Qwnta* CA 92247 RE- Time Subdivision ImprovemeAtAgreenica Tract 30092 Dear Ms., Yu, ATTACHMENT 2 Due to existing real estate market conditions we are requesting an extension of time to complete the. offsite and. onsite improvementslo December 31� 2013 for Tract 30092. The remaining onsite improvements include: o Final c4p.nea I r . the :vacant lots • Minor repairs to concrete, landscape; irrigation, striping, signage and., block wall The remaining.offsheimprovements include: • Traffic signal at the project entrance • Landscape within the, median ortMonroe St • Minor repairs to concrete, landscape, irrigation, striping i.and signage C67 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: August 2, 2011 _ ITEM TITLE: Adoption of a Resolution to Extend the BUSINESS SESSION: Time for Completion of the Off -Site Improvements for CONSENT CALENDAR: Tract Map No. 30092, Piazza Serena, Cado La Quinta, STUDY sEssloN: LLC — PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to August 2, 2012 for Tract Map No. 30092, Piazza Serena, Cado La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Piazza Serena (Tract Map No. 30092) is located north of Avenue 58 and west of Monroe Street (Attachment 1). On February 3, 2005, the City and K. Hovnanian Forecast Homes, Inc. entered into an SIA for Piazza Serena. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. " On October 21, 2008, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements as specified in the approved SIA to September 3, 2009. On December 15, 2009, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements as specified in the approved SIA to September 3, 2010. Since that time, K. Hovnanian. and Cado La Quinta, LLC have been in negotiations for the sale of the property which delayed their SIA extension request. On June 7, 2011, the City Council approved the Assignment and Assumption Agreement which assigns the subdivision improvement obligations for Piazza Serena from K. Hovnanian to Cado La Quinta, LLC. In a letter dated July 19, 2011 (Attachment 2), Cado La Quinta, LLC requests additional time to complete the remainder of the off -site improvements due to the existing real estate market conditions. The remainder of the off -site improvements includes median landscaping along Monroe Street, a traffic signal at the entrance on Avenue 58, and minor repairs to some of the completed improvements. The developer requests a time extension for the off -site improvements to December 31, 2013. Staff has prepared the attached resolution which provides for approval of the third time extension of the SIA to August 2, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to August 2, 2012 for Tract Map No. 30092, Piazza Serena, Cado La Quinta, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement to August 2, 2012 for Tract Map No. 30092, Piazza Serena, Cado La Quinta, LLC; or 3. Provide staff with alternative direction. 069 Respectfully submitted, Timothy R. on s n P.E. Public Works ire r/City Engineer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Vicinity Map 2. Letter from Cado La Quinta, LLC dated July 19, 2011 w 0, 7 0 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO AUGUST 2, 2012 FOR TRACT MAP NO. 30092, PIAZZA SERENA WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30092, Piazza Serena, on February 3, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 3, 2010, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to August 2, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on August 2, 2012. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. w 071 Resolution No. 2011- Tract Map No. 30092, Piazze Serena Adopted: August 2, 2011 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of August 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California "." 072 ATTACHMENT 1 TM 30092 - PIAZZA SERENA PROJECT SITE ;INITY M� NOT TO SCALE COACt 4, C. 73 CADO LA QUINTA LLC c/o 1 CAPSTONR ADVISORS iso.FA-RADAY Amu CARLSDAD,.CAUf()RMA,9.200$ T 7.0004.4900 F 760.90.4;69011 July 19Y 2011 NIs.-Amy Yu City ofLa Quinta Public Wbrks.Department 7.8-495 Calle Tampico: La Qwnta,:CA 92247 RE: Time :Exteosio.nfgr:Subdivision Improvement :Agreer4cot Tract 30092 Dear Ms. Yu,, ATTACHMENT 2 Due toexisting real estate -market conditions we are requesting an extension of time 9 complete t p ete the offsite and, onsi I te.improvementszto December 31n, 2013 for Tract 3.0092. The remainingonsi.te improvements i I nclude: Final cap near the Vacant IOU Minor repairs to concrete, landscape irrigation,st4pingo si gnage and block mut.11 The remaining offsite improvements include: • Traffic signal at the project entrance • Landscape within the median on. Monroe St, • Minor repairs to concrete, landscape, irrigation, striping, and signage., Si sere , TCaty Dwy Authori. sentafiv; 074 COUNCIL/RDA MEETING DATE: August 2, 2011 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31627, the Residence Club at PGA West, Nadador, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to August 2, 2012 for Tract Map No. 31627, the Residence Club at PGA West, Nadador, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Residence Club at PGA West (Tract Map No. 31627) is located south of Avenue 54, east of PGA Boulevard and west of Oak Tree (Attachment 1). On April 15, 2004, the City and Nadador, LLC entered into a SIA for the Residence Club at PGA West. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. " G75 On September 18, 2007, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements as specified in the approved SIA to August 30, 2008. On August 5, 2008, the City Council adopted a resolution granting a second time extension for the completion of the on -site improvements as specified in the approved SIA to September 30, 2009. On November 3, 2009, the City Council adopted a resolution granting a third time extension for the completion of the on -site improvements as specified in the approved SIA to .September 30, 2010. Since that time, staff has been working with the developer to provide a schedule or extension request for these improvements. In a letter dated July 19, 2011 (Attachment 2), the developer states that the project has experienced a slow down in sales absorption resulting in an extended completion date. The developer requests a time extension to complete the remaining on -site improvements. The remaining on -site improvements include completing the final paving lift for the interior streets and setting survey monuments. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the SIA to August 2, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to August 2, 2012 for Tract Map No. 31627, the Residence Club at PGA West, Nadador, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to August 2, 2012 for Tract Map No. 31627, the Residence Club at PGA West, Nadador, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, dimothy . J nas o , P.E. Public Wor Dire or/City Engineer 076 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Nadador, LLC dated July 19, 2011 u^ 077 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO AUGUST 2, 2012 FOR TRACT MAP NO. 31627, THE RESIDENCE CLUB AT PGA WEST WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31627, The Residence Club at PGA West, on April 15, 2004; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 30, 2010, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to August 2, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on August 2, 2012. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. ',A 078 Resolution No. 2011- Tract Map No. 31627, The Residence Club at PGA West Adopted: August 2, 2011 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of August 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California 079 ATTACHMENT 1 TM 31627 RESIDENCE CLUB AT PGA WEST c- rm n z 0 z K 11 m � PGA WEST 53rd AVENUE 54th AVENUE rlIN001 WEiSKOPF 58th AVENUE VICINITY MAP NOT TO SCALE osa ".N 080 NADADOR, LLC. July.19,2011 MT, Tim.1onass,oln'' PoblkWor-k-s 1)j*dtb.r City of Quanta 78-495 Calk Tampico La Quinta, CA -92233 The. C.V.Wb-,ve,ll-sitedr,ivewayonAve-nuc54:has ,been eorr.01 . OW on-fite, An Sur n complction-ofthe Anal paying lift. ATTACHMENT 2 we Are not: the ReAd6relClub. 3 5.4-M0. W.RE SIDENCE CLUB DRIVE, LA QUINT.A, CA9225a —:7 09 77L2070 Page 2: Nadador, July 19, 201°I ; lisrt Jnnasson 'City of La :Quinta We appreciate your c©nssderatort o�f rntr request; We sue eery proud ofour project and its nutny recent jutprove[nents wauding the Avenue 54.w I and the.:pruject entrant. improvements along PGA Boulevard. We look fomwd to ow confiriised relationship with the City and working through;to the successful eoznpletion.of the projeet lAegards; NADADOR> LLLC Tit<r41aQ" COUNCIL/RDA MEETING DATE: August 2, 2011 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31627, the Residence Club at PGA West, Nadador, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 16) _ STUDY SESSION: PUBLIC BEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to August 2, 2012 for Tract Map No. 31627, the Residence Club at PGA West, Nadador, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Residence Club at PGA West (Tract Map No. 31627) is located south of Avenue 54, east of PGA Boulevard and west of Oak Tree (Attachment 1). On April 15, 2004, the City and Nadador, LLC entered into a SIA for the Residence Club at PGA West. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City,. in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. " On September 18, 2007, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements as specified in the approved SIA to August 30, 2008. On August 5, 2008, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements as specified in the approved SIA to September 30, 2009. On November 3, 2009, the City Council adopted a resolution granting a third time extension for the completion of the off -site improvements as specified in the approved SIA to March 31, 2010. Since that time, staff has been working with the developer to provide a.schedule or extension request for these improvements. The off -site improvements have been completed. In a letter dated July 19, 2011 (Attachment 2), the developer requests a time extension to complete the pending items for final acceptance of the off -site improvements, which include obtaining utility agency acceptance letters, preparing record drawings, and submitting warranty security. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the SIA to August 2, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to August 2, 2012 for Tract Map No. 31627, the Residence Club at PGA West, Nadador, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement to August 2, 2012 for Tract Map No. 31627, the Residence Club at PGA West, Nadador, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, 4 mothy Public ubliWorks Dir for/City Engineer ".` 084 Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Vicinity Map 2. Letter from Nadador, LLC dated July 19, 2011 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO AUGUST 2, 2012 FOR TRACT MAP NO. 31627, THE RESIDENCE CLUB AT PGA WEST WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31627, The Residence Club at PGA West, on April 15, 2004; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by March 31, 2010, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to August 2, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on August 2, 2012. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. « 086 Resolution No. 2011- Tract Map No. 31627, The Residence Club at PGA West Adopted: August 2, 2011 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2"d day of August 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California a ' 087 ATTACHMENT 1 TM 31627 RESIDENCE CLUB AT PGA WEST M 0 z 0 9E PGA WEST 'WIN 53rd 54th WEISKOPF m INITY NOT TO SCALE AVENUE AVENUE AIRPORT BLVD. AVENUE MAP q 088 N t'r7 NADADOR,,:L.LC July l%2011 Dear.Mr. lonassoin.; ATTACHMENT 2 Out re . Vjo y provided ,p ust estimates for the U'laWlation of project improvements were. based.. upon absorption rates phor to eurreavoriditiow, As such, Wc.vvoWd,`respectful y repest. tbat the City consider the fibllqwj#ga4j.uked dates far the completion ofjbeitems set forth' in the $116diAsioft Improvement Agreement; 'Off -Site ............. - o The. CVWDvvel1,-well-site U& a si p on Aven 54 has been completed: 04-ate Sum ior. sirect ilitte Residence Club 4400. Wn%DFN I CE CLUB . . DRIVEilAQUINTAX 9*2253-760.77LZQ79 i T4hr44Q" COUNCIL/RDA MEETING DATE: August 2, 2011 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: IL 61"1 IITW *&1 C�I`►il PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to August 2, 2012 for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Andalusia (Tract Map No. 31681-3) is located east of Madison Street, west of Monroe Street, south of Avenue 58, and north of Avenue 60 (Attachment 1). On March 27, 2007, the City and Coral Option I, LLC entered into a SIA for Andalusia. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. " "� 091 On August 5, 2008, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements as specified in the approved SIA to March 27, 2009. On January 5, 2010, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements as specified in the approved SIA to September 30, 2010. Staff has been working with the developer since this time to provide a schedule or extension request for these improvements. In a letter dated July 20, 2011 (Attachment 2), the developer states that the on -site grading, sewer, curb and gutter, dry utilities, and water improvements have been completed. The street paving for the north half of the tract have also been completed. The remaining on -site improvements include the street paving in the southern half of the tract, which is blocked off to vehicular traffic. The developer requests a time extension to September 30, 2015 for the on -site improvements due to the current real estate market condition. Staff has prepared the attached resolution which provides for approval of the third time extension of the SIA to August 2, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to August 2, 2012 for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to August 2, 2012 for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, mothy ona s P.E. Public W s Di or/City Engineer 092 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Coral Option I, LLC dated July 20, 2011 "� 0,93 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO AUGUST 2, 2012 FOR TRACT MAP NO. 31681-3, ANDALUSIA WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31681-3, Andalusia, on March 27, 2007; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 30, 2010, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to August 2, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on August 2, 2012. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. 094 Resolution No. 2011. Tract Map No. 31681-3, Andalusia Adopted: August 2, 2011 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2ntl day of August 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California .g. 095 ATTACHMENT 1 TM 31681-3 ANDALUSIA AVENUE 62 VICIN NOT TO SCALE C96 ATTACHMENT 2 Coral Option I, LLC 81-570 Carboneras La Quinta, CA 92253 760-777-1001 July 20, 2011 Tim Jonasson, P.E. RECEYVEp Public Works Director AIL 2 2011 City of La Quinta P.O. Box 1504 Development Services La Quinta, CA 92247-1504 Re: Tract Map 31681-3 Subdivision Improvement Agreement (SIA) Dear Tim: Thank you for reminding us we need to update you/make requests concerning the referenced Tract and SIA. First, we will address the off -site improvements. All the improvements except. the Monroe Median landscaping and flatwork have been complete for over a year now. We have been discussing the median with Ed Wimmer in your office since last fall. In our most recent meeting with Ed, he advised we should submit the "unapproved landscape" drawings which show the City of La Quinta standard median red stamped concrete nosings along with a permit application to install the nosings. We are receiving bids on this work this week. We expect to submit the permit application on or about July 25, 2011. The work can be completed within ten days of the issuance of the permit. We further understand that the median landscaping will no longer be a requirement necessary for us to complete the off -site components of the SIA. With regard to the on -site work, nothing has changed in the real estate market nor our business plan since our letter to you dated December 11, 2009. The grading, sewer, curb and gutter, water, and dry utility work has been complete for over three years now. And the paving for the north half of the tract has been completed that long as well. We have not yet paved the southern half due to the real estate market. We do not anticipate building in this part of the tract for at least three (3) more years. We are also, as market conditions change, considering changes to our land plan for this portion of the project. If we elect to go this route we would be making changes to the sewer, water, curb, and paving. These unpaved roads are seldom if ever used. They cannot be seen by any of our Andalusia residents nor can they be seen by passersby on Monroe or Avenue 60. We therefore respectfully request a time extension to September 30, 2015 to complete this work. We will gladly make ourselves available at your convenience to discuss this in person if that might be beneficial. ".a. 097 COUNCIL/RDA MEETING DATE: August 2, 2011 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / Z STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to August 2, 2012 for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Andalusia (Tract Map No. 31681-3) is located east of Madison Street, west of Monroe Street, south of Avenue 58, and north of Avenue 60 (Attachment 1). On March 27, 2007, the City and Coral Option I, LLC entered into a SIA for Andalusia. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. " On August 5, 2008, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements as specified in the approved SIA to March 27, 2009. On January 5, 2010, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements as specified in the approved SIA to September 30, 2010. Since that time, staff has been working with the developer to provide a schedule or extension request for these improvements. In a letter dated July 20, 2011 (Attachment 2), the developer states all the off -site improvements are complete except the Monroe Street median landscaping and median noses. The developer expects to finish the median noses work by the end of August 2011. Staff anticipates that the Monroe Street median landscaping will be conditioned to be completed by the future developer on the east side of Monroe Street. In addition to completing the median improvements, the developer will have to complete items for final acceptance of the off -site improvements, which include obtaining utility agency acceptance letters, preparing record drawings and survey monuments, submitting warranty security, and correcting any punch list items resulting from a final inspection. Therefore, staff has prepared the attached resolution which provides for approval of the third time extension of the SIA to August 2, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to August 2, 2012 for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement to August 2, 2012 for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy . o t n, P.E. Public Works Director/City Engineer a 099 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Coral Option I, LLC dated July 20, 2011 " 100 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO AUGUST 2, 2012 FOR TRACT MAP NO. 31681-3, ANDALUSIA WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31681-3, Andalusia, on March 27, 2007; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 30, 2010, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to August 2, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on August 2, 2012. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. " 101 Resolution No. 2011- Tract Map No. 31081-3, Andalusia Adopted: August 2, 2011 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held. on this 2nd day of August 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California "A 102 ATTACHMENT 1 TM 31681-3 ANDALUSIA 1 AVENUE 62 VICINITY MAP NOT TO SCALE .,.It 103 ATTACHMENT 2 Coral Option I, LLC 7 81-570 Carboneras La Quinta, CA 92253 760-777-1001 July 20, 2011 Tim Jonasson, P.E. RECEZVED Public Works Director JUL 20 2011 City of La Quinta P.O. Box 1504 Development Services La Quinta, CA 92247-1504 Re: Tract Map 31681-3 Subdivision Improvement Agreement (SIA) Dear Tim: Thank you for reminding us we need to update you/make requests concerning the referenced Tract and SIA. First, we will address the off -site improvements. All the improvements except the Monroe Median landscaping and flatwork have been complete for over a year now. We have been discussing the median with Ed Wimmer in your office since last fall. In our most recent meeting with Ed, he advised we should submit the "unapproved landscape" drawings which show the City of La Quinta standard median red stamped concrete nosings along with a permit application to install the nosings. We are receiving bids on this work this week. We expect to submit the permit application on or about July 25, 2011. The work can be completed within ten days of the issuance of the permit. We further understand that the median landscaping will no longer be a requirement necessary for us to complete the off -site components of the SIA. With regard to the on -site work, nothing has changed in the real estate market nor our business plan since our letter to you dated December 11, 2009. The grading, sewer, curb and gutter, water, and dry utility work has been complete for over three years now. And the paving for the north half of the tract has been completed that long as well. We have not yet paved the southern half due to the real estate market. We do not anticipate building in this part of the tract for at least three (3) more years. We are also, as market conditions change, considering changes to our land plan for this portion of the project. If we elect to go this route we would be making changes to the sewer, water, curb, and paving. These unpaved roads are seldom if ever used. They cannot be seen by any of our Andalusia residents nor can they be seen by passersby on Monroe or Avenue 60. We therefore respectfully request a time extension to September 30, 2015 to complete this work. We will gladly make ourselves available at your convenience to discuss this in person if that might be beneficial. In 104 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: August 2, 2011 BUSINESS SESSION: ITEM TITLE: Authorize the City Manager to File an CONSENT CALENDAR: 1 33 Appeal of the Department of Finance's STUDY SESSION: Determination Pursuant to Health & Safety Code Section 34194(b)(2)(L) PUBLIC HEARING: RECOMMENDATION: Authorize the City Manager to file an appeal pursuant to Health & Safety Code Section 34194(b)(2)(L) of the Department of Finance's determination of the City's required payment for the 201 1 /2012 Fiscal Year under the Alternative Voluntary Relocation Project if he deems it appropriate to do so. FISCAL IMPLICATIONS: If an appeal is warranted, preparing the appeal and filing it will involve some expense, including review by RSG and the City Attorney. In addition, staff time would be required for the preparation and submission of the appeal. If an appeal is warranted and is granted, it would result in savings to the Agency. Since the City will not receive the Department of Finance's initial calculation until August 1, 2011, it is not yet known whether there would be the need to appeal, or what the differences in the calculations might be. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council has initiated the process of opting into the "Alternative Voluntary Redevelopment Program" by introducing an ordinance at its July 19, 2011 meeting to participate in the Program and make the required payment to do so. Pursuant to the legislation, by August 1, 2011, the Department of Finance is required to notify the City what the Department has calculated as it 201 1 /2012 remittance amount. The legislation provides that any appeal by the City of that determination must be filed with the Director of the Department of Finance by August 15, 2011. It is unclear whether Council authorization is necessary in order to file the appeal, but out of an abundance of caution, the City Attorney has recommended that the Council authorize the City Manager to file the appeal if there 105 is any significant discrepancy between the City and RSG's calculation of the payment and the amount calculated by the Department. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to file an appeal pursuant to Health & Safety Code Section 34194(b)(2)(L) of the Department of Finance's determination of the City's required payment for the 201 1-2012 fiscal year under the Alternative Voluntary Relocation Project if he deems it appropriate to do so; or 2. Do not authorize the City Manager to file an appeal; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell Economic Development/Housing Manager Approved for submission by: Akm 44-yu� 1�� - Thomas P. Genovese, -City N 106 I;TL4 301ji:v"i Y 7-010 3 A COUNCIL/RDA MEETING DATE: August 2, 2011 BUSINESS SESSION: ITEM TITLE: Approval to Excuse Commissioner Robert Wilkinson's Absence from the July 26, 2011, CONSENT CALENDAR: Planning Commission Meeting STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a request from Commissioner Robert Wilkinson to be excused from attending the July 26, 2011, Planning Commission meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request the City Council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all Commissions and, in response, Commissioner Wilkinson has requested of the City Council to be excused from the July 26, 2011, Planning Commission meeting. The request was made prior to the Planning Commission meeting and is included for your consideration (Attachment 1). 107 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Commissioner Wilkinson's request to be excused from the July 26, 2011, Planning Commission meeting; or 2. Deny Commissioner Wilkinson's request; or 3. Provide staff with alternative direction. Respectfully submitted, Les Johnson, Planning Director Approved for submission by: 1"l Thomas P. Genovese, City Manager Attachment: 1. Request from Commissioner Wilkinson ,A 10a ATTACHMENT 1 Carolyn Walker From: Robert Wilkinson [mailto:Robertww55@aol.com1 Sent: Friday, July 22, 2011 2:39 PM To: Carolyn Walker Subject: Robert Wilkinson -Commission Meeting July 26, 2011 I would like to notify and be excused from the Planning Commission meeting this July 26, 2011 for 2 reasons. First, we are traveling to Eugene, Oregon for my Son's freshman orientation at the U of O. Second, we will be attend our family reunion. Thank you Robert Wilkinson 'A 109 COUNCIL/RDA MEETING DATE: August 2, 201 1 ITEM TITLE: Approval Of Second Reading and Adoption of Ordinance No. 491 of the City of La Quinta Determining it will Comply with the Voluntary Alternative Redevelopment Program Pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in Order to Permit the Continued Existence and Operation of the La Quinta Redevelopment Agency. RECOMMENDATION Adopt Ordinance No. 491 on second reading. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: (S STUDY SESSION: PUBLIC HEARING: Adoption of the proposed Ordinance will commit the City to remit certain annual payments to the County auditor -controller for ultimate distribution to certain school entities and special districts. If the City adopts the proposed Ordinance to participate in the Voluntary Alternative Redevelopment Program, the City becomes obligated to make the payments, but the legislation permits the Agency to reimburse the City for the payment amount if the City and Agency enter into an agreement for that purpose. RSG has estimated that the payment for the 201 1 /2012 Fiscal Year would be $19,500,000. One-half of the payment would be due on January 15, 2012, and the second half would be due on May 15, 2012. The payment in subsequent years would also be due in two installments, payable on January 15 and May 15. The amount of these payments would vary, depending upon that annual increase in the assessed values of both Project Areas. The subsequent payments would begin in fiscal year 2012/2013; RSG projects that this payment would be $4,659,618. These figures are estimates. On August 1, 2011, the Department of Finance will notify the City of its fiscal year 2011-2012 remittance amount. The City will have 15 days to appeal the calculation. For the 201 1 /2012 payment, the legislation allows the Agency to use up to 100% of the amount the Agency would have deposited for 201 1 /2012 into its Low and Moderate Income Housing Funds (the "Housing Fund") to make the payments if the Agency finds that it has no other funds available. It is estimated that the 20% set aside fund for 2011-2012 will be $13,602,880. As the legislation now stands, there is no obligation to repay the Housing Fund. However, the President Pro Tem of the Senate has stated that he intends to pursue clean up legislation that would require that the Housing Fund be repaid. If such a requirement were imposed, the Housing Fund would have to be repaid from either the Agency's future non -housing funds or from the City's General Fund. Apart from the 201 1 /2012 Housing Fund deposit, no affordable housing funds may be used to reimburse the City for the initial 201 1 /2012 payments or any of the subsequent payments. Thus, the Agency's existing fund balances in its various affordable housing accounts may not be used to reimburse the City for the payments. The Agency may use any of its non -housing funds to reimburse the City for the payments with the exception of the tax exempt bond proceeds. The Finance Department has identified the means that the City and Agency could utilize to make the $19,500,000 payment for 201 1 /2012. The proposal would be to use the 2011/2012 Housing Fund deposit of $13,602,880 and $5,897,120 of non - housing tax increment funds designated for SilverRock improvements. RSG's tax increment cash flow projections indicate that there is sufficient capacity in the Project Area No. 1 and Project Area No. 2 non -housing funds to make subsequent years' payments. RSG has evaluated the fiscal implications of both adopting and not adopting the proposed ordinance. If the ordinance is adopted, wherein the City/Agency would participate in the Voluntary Alternative Redevelopment Program, the City/Agency would make a total of $164,201,034 in payments (assuming 2% average annual growth rate of assessed values). This amount entails the $19,402,144 payment for 2011-2012, and a projected $144,701,034 in subsequent years' payments. On a net present value basis (utilizing a 6.5% discount rate) this total amount is $86,457,201. The time period for this calculation is fiscal year 201 1-2012 to 2039-2040, the end of Project Area No. 2. During this period, the Agency would have the capacity to receive (on a present value basis and utilizing a 6.5% discount rate) an additional $44,900,000 of non -housing funds (after deducting current bond debt service payments and additional pass -through payments to local schools), and $103,500,000 in Housing Fund deposits (assuming the current law is not modified). RSG has worked with the Finance Department to identify the Agency's cash assets (cash on hand and bond proceeds that could be reallocated to the State), and with a local real property appraiser to value the Agency's land assets. Based upon the Dissolution Act legislation, if the City/Agency elected to dissolve, then all funds and undeveloped lands would be subject to liquidation. Per the Dissolution Act, the Agency's non -housing and Housing Fund cash, non -allocated bond proceeds, and land that the Agency purchased but is not yet developed or the subject of a third party agreement, is to be liquidated. The land assets would include the vacant properties reserved for affordable housing development, the Highway 111 commercial property, the Village properties, and the vacant land at SilverRock Resort. These assets total a projected $100,008,073; the chart below identifies these assets: %W 111 Land Asset Value Non -housing $ 37,964,157 Housing 3,000,000 Total $ 40,964,157 Non -Housing Project Funding PA1 8,637,657 PA2 2,417,324 Total $ 11,054,981 Housing Project Funding $ 9,059,253 2011 Bond Proceeds PA2 Non -housing 2,417,277 Financing Authority 25,512,405 Total $ 27,929,682 Total - Land/Assets $ 89,008,073 In Question SRR Canal Funds' 11,000,000 Tax Exempt Bond Funds may be redeemed in 2012 Grand Total $ 100,008,073 While the City holds title to the land assets, the Dissolution Act provides that the State may seize all land assets that were purchased since January 1, 2011, and all land assets that were transferred to the City since January 1, 2011. It appears that the Washington Street Apartments may not be subject to liquidation since it is an operating affordable housing development and given the Federal rent restriction covenants recorded against the property, this development must continue to operate as an affordable housing development for another 20 years. Thus, this asset would have limited liquidation value. Further, the Dissolution Act provides that the City or the Housing Authority may continue to operate affordable housing properties. •�» � 112 Staff had anticipated bringing forward the financing agreement and appropriation at the August 2, 2011 meeting. Based upon possible legislative developments that may occur, we are recommending adoption of a financing agreement and appropriation at the September 20, 2011 meeting. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 19, 2011, the City Council moved to take up Ordinance No. 491 on first reading. The City Council further moved to introduce Ordinance No. 491 on first reading. The motion to introduce Ordinance No. 490 carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: None ABSENT: Council Member Sniff ABSTAIN: None FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 491 on second reading; or 2. Do not adopt Ordinance No. 491 on second reading; or 3. Provide staff with alternative direction. Respec ully submitted, c� Veronica J ontecino, CMC, City Clerk Approved for submission by: . aThom,a1stkP. qGen4oves��a�City Manager ORDINANCE NO. 491 AN ORDINANCE THE CITY OF LA QUINTA, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta ("City") approved and adopted (i) the Redevelopment Plan for La Quinta Project Area No. 1 ("Project Area No. 1 " or "Project Area No. 1 Redevelopment Plan," as applicable) on November 29, 1983, by Ordinance No. 43; and (ii) the Redevelopment Plan for La Quinta Redevelopment Project Area No. 2 ("Project Area No. 2" or "Project Area No. 2 Redevelopment Plan," as applicable) on May 16, 1989, by Ordinance No. 139, as amended on December 20, 1994, by Ordinance No. 259, on February 3, 2004, by Ordinance No. 399, on March 16, 2004, by Ordinance No. 403, and on March 16, 2004, by Ordinance No. 404; and WHEREAS, the La Quinta Redevelopment Agency ("Agency") is engaged in activities to execute and implement the Project Area No. 1 Redevelopment Plan and the Project Area No. 2 Redevelopment Plan (collectively, the "Redevelopment Plans") pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, at seq.) ("CRL"); and WHEREAS, since adoption of the Redevelopment Plans, the Agency has undertaken redevelopment projects in Project Area No. 1 and in Project Area No. 2 (collectively, the "Project Areas") to eliminate and prevent blight, to improve public facilities and infrastructure, to renovate and construct affordable housing, and to enter into partnerships with private industries to create jobs and expand the local economy; and WHEREAS, over the next few years, the Agency hopes to implement a variety of redevelopment projects and programs to continue to eliminate and prevent blight, stimulate and expand the Project Areas' economic growth, create and develop local job opportunities, improve and expand affordable housing, and alleviate deficiencies in public infrastructure; and WHEREAS, as part of the 201 1 /2012 State budget bill, the California Legislature has recently enacted and the Governor has signed, companion bills ABX1 26 and ABX1 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts an ordinance committing it to make certain payments; and WHEREAS, specifically, ABX1 26 prohibits redevelopment agencies from taking numerous actions, effective immediately and purportedly retroactively, and �� " 1.14 Ordinance No. 491 Election to Comply with the Alternate Redevelopment Program Part 1.9 of ABX1 27, the Redevelopment Continuation Act Adopted: August 2, 2011 Page 2 additionally provides that redevelopment agencies are deemed to be dissolved as of October 1, 2011; and WHEREAS, ABX1 27 provides that a community may participate in an "Alternative Voluntary Redevelopment Program," in order to enable a redevelopment agency within that community to remain in existence and carry out the provisions of the CRL, by enacting an ordinance agreeing to comply with Part 1.9 of Division 24 of the Health and Safety Code; and WHEREAS, the Alternative Voluntary Redevelopment Program requires that the community agree by ordinance to remit specified annual amounts to the county auditor -controller; and WHEREAS, under the threat of dissolution pursuant to ABX1 26, and upon the contingencies and reservations set forth herein, the City shall make the Fiscal Year 2011/2012 community remittance, currently estimated to be Nineteen Million Five Hundred Dollars ($19,500,000), as well as the subsequent annual community remittances as set forth in the CRL; and WHEREAS, the City reserves the right to appeal the California Director of Finance's determination of the Fiscal Year 201 1 /2012 community remittance, as provided in Health and Safety Code Section 34194; and WHEREAS, City understands and believes that an action challenging the constitutionality of ABX1 26 and ABX1 27 will be filed on behalf of cities, counties and redevelopment agencies; and WHEREAS, while the City currently intends to make these community remittances, the remittances shall be made under protest and without prejudice to the City's right to recover such amounts and interest thereon, to the extent there is a final determination that ABX1 26 and ABX1 27 are unconstitutional; and WHEREAS, the City reserves the right, regardless of any community remittance made pursuant to this Ordinance, to challenge the legality of ABX1 26 and ABX1 27; and WHEREAS, to the extent a court of competent jurisdiction enjoins, restrains, or grants a stay on the effectiveness of the Alternative Voluntary Redevelopment Program's payment obligation of ABX1 26 and ABX1 27, the City shall not be obligated to make any community remittance for the duration of such injunction, restraint, or stay; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, the City Council of the City of La Quinta, California, does ordain as follows:. •.N 115 Ordinance No. 491 Election to Comply with the Alternate Redevelopment Program Part 1.9 of ABX1 27, the Redevelopment Continuation Act Adopted: August 2, 2011 Page 3 Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Participation in the Alternative Voluntary Redevelopment Program. In accordance with Health and Safety Code Section 34193, and based on the Recitals set forth above, the City Council hereby determines that the City shall comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as enacted by ABX1 27. Section 3. Payment Under Protest. Except as set forth in Section 4, below, the City Council hereby determines that the City shall make the community remittances set forth in Health and Safety Code section 34194 et seq. Section 4. Effect of Stay or Determination of Invalidity. City shall not make any community remittance in the event a court of competent jurisdiction either grants a stay on the enforcement of ABX1 26 and ABX1 27 or determines that ABX1 26 and ABX1 27 are unconstitutional and therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for filing an appeal therefrom has lapsed. Any community remittance shall be made under protest and without prejudice to the City's right to recover such amount and interest thereon in the event that there is a final determination that ABX1 26 and ABX1 27 are unconstitutional and therefore invalid. If there is a final determination that ABX1 26 and ABX1 27 are unconstitutional and therefore invalid, this Ordinance shall be deemed to be null and void and of no further force or effect. Section 5. Implementation. The City Council hereby authorizes and directs the City Manager to take any action and execute any documents necessary to implement this Ordinance, including but not limited to notifying the Riverside County Auditor -Controller, the Controller of the State of California, and the California Department of Finance of the adoption of this Ordinance and the City's agreement to comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as set forth in ABX1 27. Section 6. Additional Understandings and Intent. It is the understanding and intent of the City Council that, once the Agency is again authorized to enter into agreements under the CRL, the City will enter into an agreement with the Agency as authorized pursuant to Section 34194.2, whereby the Agency will transfer annual portions of its tax increment to the City in amounts not to exceed the annual community remittance payments to enable the City, directly or indirectly, to make the annual remittance payments. The City Council does not intend, by enactment of this Ordinance, to pledge any of its general fund revenues or assets to make the remittance payments. -.N. 116 Ordinance No. 491 Election to Comply with the Alternate Redevelopment Program Part 1.9 of ABX1 27, the Redevelopment Continuation Act Adopted: August 2, 2011 Page 4 Section 7. CEQA. The City Council finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") in that it is not a "project," but instead consists of the creation and continuation of a governmental funding mechanism for potential future projects and programs, and does not commit funds to any specific project or program. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Riverside in accordance with CEQA Guidelines. Section 8. Custodian of Records. The documents and materials that constitute the record of proceedings on which these,findings are based are located at the City Clerk's office located at 78-495 Calle Tampico La Quinta, California 92253. The custodian for these records is Veronica Montecino. Section 9. Several ij i . If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 10. Certification; Posting. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. Section 11. Date of Revival of. Powers. Pursuant to Health & Safety Code Section 34193(a), the Agency shall continue to exist and carry out the provisions of the CRL as of the date of enactment of the Ordinance, August 2, 2011. Section 12. Effective Date. Except as provided in Health & Safety Code Section 34193(a), this Ordinance shall become effective thirty (30) days from and after the date of final passage. PASSED, APPROVED, AND ADOPTED, at a regular meeting of the La Quinta City Council held this 2nd of August, 2011, by the following vote, to wit: .. if 117 Ordinance No. 491 Election to Comply with the Alternate Redevelopment Program Part 1.9 of ABX1 27, the Redevelopment Continuation Act Adopted: August 2, 2011 Page 5 AYES:. NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor ' City of La Quinta, California ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California '•'" 118 Ordinance No. 491 Election to Comply with the Alternate Redevelopment Program Part 1.9 of ABX1 27, the Redevelopment Continuation Act Adopted: August 2, 2011 Page B STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy. of Ordinance No. 491 which was introduced at a regular meeting on the 1 9tn day of July 2011, and was adopted at a regular meeting held on the 2nd day of August 2011, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California ,,.a- 119 i I I AGENDA CATEGORY: C15 COUNCIL/RDA MEETING DATE: August 2, 2011 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Approving the CONSENT CALENDAR: 16 Relocation Plan for 78181 Avenida La Fonda (APN: STUDY SESSION: _ 770-125-003), 78182 Avenida La Fonda (APN: 770- 124-007) and 78153 Main Street (APN: 770-124- PUBLIC HEARING: 004) RECOMMENDATION: Adopt a Resolution approving the Relocation Plan for, 78181 Avenida La Fonda, 78182 Avenida La Fonda and 78153 Main Street. FISCAL IMPLICATIONS: Implementing the Relocation Plan will result in the expenditure of up to $120,410, or approximately $40,000 per property, for resident relocation costs. Agency non - housing funds were appropriated when the Agency Board approved the Purchase and Sale Agreements to purchase these properties. BACKGROUND AND OVERVIEW: On June 21, 2011, the City Council approved the draft Relocation Plan and authorized staff to circulate the Relocation Plan for the required 30-day review period, which began on June 23, 2011 and ended on July 22, 2011. One comment was received requesting that the Relocation Plan clarify the date of which the Agency initiated negotiations to acquire 78181 Avenida La Fonda. The Relocation Plan has been updated reflecting this date. Since the public comment period has ended, the Council may adopt the final Relocation Plan. The Agency is acquiring three properties in the La Quinta Village on Avenida La Fonda and Main Streets ("Properties"). The Properties are in Project Area. No. 1, and are improved with four- and five-plexes that house a total of 14 units; 8 units are occupied as follows: • 78181 Avenida La Fonda ("La Fonda Five-Plex"): This property consists of five studio units, and was purchased by the Agency on June 7, 2011. Only two of the units were occupied when Agency negotiations were initiated to ,M 1^O acquire the property. One of the units is occupied by an above moderate - income household and the tenant's income of the other unit is unknown as the tenant is currently unemployed. • 78182 Avenida La Fonda ("La Fonda Four Plex"): This property consists of four studio units, and was purchased by the Agency on May 27, 2011. Two of the units are occupied by extremely low-income households and two of the units are occupied by very low-income households. • 78153 Main Street ("Main Street Five Plex"): This property consists of five studio units, and on June 7, 2011, the Agency purchased the property. Two units are occupied by very -low income households and three units are vacant. Since the Properties are occupied, the California Redevelopment Law ("CRL") and California Government Code Section 7260 at. seq. and the California Relocation Assistance and Real Property .Acquisition Guidelines ("Guidelines") require that a Relocation Plan be adopted by the legislative body where a redevelopment project will permanently displace tenants. The Relocation Plan presents: • Survey data concerning the demographic characteristics and present circumstances of the affected residents and their relocation needs; • An assessment of the availability of comparable replacement housing within the City of La Quinta and the surrounding community; • The steps and procedures the Agency will follow to ensure a fair and equitable relocation program; and • An estimate of the potential relocation costs. The Relocation Plan also details the relocation assistance program and the scope of the relocation benefits. The relocation assistance generally entails: • Informing residents of their relocation rights and the scope of the relocation benefits; • Determining each household's specific housing needs; • Identifying and updating information on replacement housing opportunities; • Identifying Federal, State, and other governmental agency housing program assistance; • Assisting each person with completing relocation assistance applications; • Assisting each displacee with finding replacement housing opportunities; • Providing relocation payments in accordance with all State standards; and • Establishing an appeal procedure with respect to disputes over relocation benefits. a 121 The scope of relocation benefits includes: • Providing moving expense payments based upon the actual cost of using a professional mover or based upon a,fixed payment schedule if residents elect to move themselves; and • Providing relocation benefits that include rent differential payments for a 42- month period (funding the difference between their current rent and the comparable unit rent). The total relocation costs are estimated to be $120,410. After the Relocation Plan. is adopted, each household will be notified of their eligibility for relocation benefits ("Notice of Eligibility"). The Notice of Eligibility is based on the findings in the Relocation Plan and identifies the maximum relocation payment for each household. Tenants will also receive a 90-day Notice to Vacate the Property. Each household will be provided with referrals for comparable properties and assistance with the moving process. FINDINGS AND ALTERNATIVES: The alternatives for the Relocation Plan available to the City Council include: 1. Adopt a Resolution of the City Council approving the Relocation Plan for 78181 and 78182 Avenida La Fonda and 78153 Main Street; or 2. Do not adopt the Resolution; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell Economic Development Project Manager I Approved for submission by: Thomas P. Genovese, City Manag Attachment: 1. Relocation Plan RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE RELOCATION PLAN FOR 78181 AND 78182 AVENIDA LA FONDA AND 78153 MAIN STREET WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a redevelopment agency organized and existing under the California Community Redevelopment Law ("Health and Safety Code 33000 et seq.) ("Law") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of La Quinta; and WHEREAS, pursuant to the Law, the City Council approved and adopted the Redevelopment Plan ("Redevelopment Plan") for La Quinta Project Area No. 1 ("Project Area") on November 29, 1983, by Ordinance No. 43, and WHEREAS, the Agency acquired three properties in the La Quinta Village, 78181 Avenida La Fonda (APN 770-125-003) ("La Fonda Five-Plex" ), 78182 Avenida La Fonda (APN 770-124-007) ("La Fonda Four-Plex") and 78153 Main Street (APN 770-124-004) ("Main Street Five-Plex") (collective referred to as the "Properties") for the purposes of implementing the Redevelopment Plan which would result in the removal of 14 units of which 8 units are occupied; and WHEREAS, Section 33411 of the Law and California Government Code Section 7260 et. seq. and the California Relocation Assistance and Real Property Acquisition Guidelines require a relocation plan be adopted whenever a redevelopment project will permanently displace residents; and WHEREAS, the Agency has prepared a Relocation Plan in accordance with Section 33411 of the Law; and WHEREAS, the Council conceptually approved the draft Relocation Plan on June 21, 2011, and authorized staff to circulate the Relocation Plan for the 30-day review period, which began on June 23, 2011 and ended on July 22, 201 1; and WHEREAS, copies of the draft Relocation Plan were distributed to the Properties' tenants for review and comment and one comment was received regarding the date when negotiations to acquire the La Fonda Five-Plex began. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, as follows: H 123 -1- Resolution No. Adopting the Relocation Plan for 78181 and 78182 Avenida La Fonda and 78163 Main Street Adopted: Page 2 SECTION 1. The Relocation Plan, a copy of which has been presented to the City Council of the City of La Quinta and is now on file with the City Clerk, is hereby approved. SECTION 2. The City Council authorizes staff to submit the Relocation Plan to the State Department of Housing and Community Development. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council on this 2nd day of August, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta (City Seal) APROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta ATTACHMENT 1 LA QUINTA REDEVELOPMENT AGENCY 78495 CALLE TAMPICO LA QUINTA, CA 92253 ® RSG ROSENOW SPEVACEK GROUP, INC. www.webrsg.com RELOCATION PLAN 78181 AVENIDA LA FONDA, 78182 AVENIDA LA FONDA, AND 78153 MAIN STREET La Quinta Redevelopment Agency August 2, 2011 a 125 78181 & 78182 AVENIDA LA FONDA & 78153 MAIN STREET RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY TABLE OF CONTENTS INTRODUCTION............................................................................................................................. 1 RELOCATION PROGRAM.............................................................................................................. 2 RELOCATION BENEFITS............................................................................................................... 3 PAYMENT OF RELOCATION BENEFITS....................................................................................... 5 ASSESSMENTOF NEEDS............................................................................................................. 5 REPLACEMENT HOUSING RESOURCES..................................................................................... 8 CONCURRENT RESIDENTIAL DISPLACEMENT........................................................................... 8 RELOCATIONASSISTANCE.......................................................................................................... 8 RELOCATION TAX CONSEQUENCES.......................................................................................... 9 EVICTIONPOLICY ................................ ................................. ................................ .......................... 9 GRIEVANCEPROCEDURES.......................................................................................................... 9 PROJECTED DATES OF DISPLACEMENT.................................................................................... 9 ESTIMATED RELOCATION COSTS............................................................................................... 9 CITIZEN PARTICIPATION AND PLAN REVIEW............................................................................10 NECESSARY RELOCATION RESOURCES.................................................................................. 10 ATTACHMENTS............................................................................................................................. 10 " 126 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY INTRODUCTION On June 21, 2011, the City Council approved the draft Relocation Plan ("Plan") and authorized staff to circulate the Plan for the required 30-day review period, which began on June 23, 2011 and ended on July 22, 2011. The tenants of the subject Plan and the general public have had an opportunity to review the draft Plan. One comment was received requesting that the Plan clarify the date of which the Agency initiated negotiations to acquire 78181 Avenida La Fonda, which was February 2, 2011. Since the review period has ended, the City Council may adopt the final Relocation Plan. The La Quinta Redevelopment Agency ("Agency") was established on July 5, 1983 to address conditions of physical and economic blight in the City. Project No. 1 was established in November 1983 to redevelop and expand deficient public infrastructure and facilities, facilitate economic development, expand recreation opportunities, and revitalize the La Quinta Village. A diagrammatic depiction of Project No. 1 is provided in Attachment 1. The Agency is acquiring three properties ("Properties") in Project No. 1 as part of the La Quinta Village on Avenida La Fonda and Main Streets. These Properties, along with the adjacent vacant properties the Agency currently owns, will subsequently facilitate mixed -use development, library and senior center expansion/parking, and affordable housing development. The Properties are depicted in Attachments 1 and 2. The Properties are improved with four- and five-plexes that house a total of 11 studio rental units that have been issued certificates of occupancy and available for lawful residential use, as follows: • 78181 Avenida La Fonda ("La Fonda Five Plex") — the Agency entered into escrow to purchase this property on May 26, 2011. The parcel is approximately 16,000 square feet, is Assessor Parcel Number 770-125-003, and is located on the south side of Avenida La Fonda, across from the La Fonda Four Plex. Only two of the planned five units have been issued certificates of occupancy and are therefore available for lawful occupancy. The two units permitted with certificates of occupancy are occupied, but both residents occupied the units for less than 90 days prior to the Agency initiating negotiations for acquisition of this property, which was February 2, 20111 . • 78182 Avenida La Fonda ("La Fonda Four Plex") — this property was purchased by the Agency on May 27, 2011. The parcel is approximately 12,400 square feet, is Assessor Parcel Number 770-124- 007, and is located on the north side of Avenida La Fonda between Desert Club Drive and Main Street. All four units are occupied. • 78153 Main Street ("Main Street Five Plex") — the Agency entered into escrow to purchase this property on May 26, 2011. The parcel is approximately 13,700 square feet, is Assessor Parcel Number 770-124-004, and is located on the south side of Main Street, just east of Desert Club Drive. Only two of the five units were occupied when Agency initiated negotiations to acquire the property. The Properties include 11 studio rental units, of which eight units are occupied. Based upon the income limits set forth by the Department of Housing and Community Development ("HCD"), two of the units are occupied by Extremely Low Income Households, four of the units are occupied by Very Low Income Households, one unit is occupied by an Above Moderate Income Household, and one tenant's income level could not be identified as the tenant is currently unemployed and does not receive unemployment benefits. The eight households will be permanently displaced, triggering the relocation obligations set forth by California Government Code Section 7260 et seq. and the Community Redevelopment Law, Health and Safety Code Section 33000 et seq. (collectively, the "Law") and the California Relocation Assistance and Real Property Acquisition Guidelines, California Code of Regulations, Title 25, Section 6000 et seq. ("Guidelines"). This Plan identifies the relocation needs of the eight households and the relocation assistance the Agency will provide. Rosenow Spevacek Group, Inc. ("RSG") has prepared this Plan and will administer the relocation assistance per Agency direction. This Plan presents a needs assessment survey, a housing resource study, and details of the relocation policies and procedures as required by the Law and Guidelines. One of the During the Agency Closed Session on February 1, 2011, the Agency discussed potential terms and oonditions of the acquisition of and/or disposition of the La Fonda Five Flex.,.N 127 PSOJ RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY occupied units had an extensive amount of mold. To ensure the health and safety of the tenants in that unit, the Agency initiated relocation activities prior to the required review and approval of this Plan in accordance with Government Code Section 7261(c)(4)(C). The Agency provided written assurance to the tenants that they would receive the required relocation benefits per the Law and Guidelines. Displacement of the other seven units will not take place prior to the required reviews and approval of this Plan unless, at the request of any tenants of the other seven units, they seek relocation assistance prior to required reviews and approval of this Plan and would otherwise be eligible for relocation assistance under the Law and Guidelines. This Plan will be provided to each household and will be available for public review during the mandated 30- day period. Very few households will be displaced from the Properties because of the Agency's action. Therefore, formation of a relocation committee is not required. During the 30-day review period, the Agency will consult with each household to receive any comments on or respond to any questions about the Plan. Comments regarding this Plan will be included as an addendum prior to its adoption by the Agency's Board of Directors and City Council. RELOCATION PROGRAM The Agency will use its Low and Moderate Income Housing Fund revenue, pursuant to CRL Sections 33334.2 and 33334.3, to provide relocation benefits for all eight households. Except as noted in this Plan, no household will be displaced without a 90-day written notice and unless"comparable" replacement housing can be located and is available. "Comparable" housing must satisfy several standards, including: • Decent, safe, and sanitary (as defined in Section 6008(d) of the Guidelines); Comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not less in rooms or living space than necessary to accommodate the displaced households; • In an area that does not have unreasonable environmental conditions; • Not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services; and • Within the financial means of the displaced households as defined in Section 6008(c)(5) of the Guidelines. The relocation program conforms to the standards and provisions set forth in Law and all other applicable regulations and requirements. Non -Discrimination The relocation program will ensure that household displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. The Personal Responsibility and Work Opportunity Reconciliation Act ("PRWOR Act"), enacted by Congress in 1996, prohibits undocumented persons from receiving State and local benefits. Relocation benefits are subject to the PRWOR Act and undocumented persons are not eligible to receive relocation benefits. The only exception to this requirement is if displacement will result in exceptional and extremely unusual hardship of a documented spouse, parent, or child. Therefore, in the case of such hardship, relocation benefits may be applied. R S G RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY Permanent Housing The Agency does not anticipate that the displaced households will relocate back to the Properties. For this reason, temporary housing will not be required. As such, all households meeting the standards set forth in this Plan will be eligible for permanent relocation benefits. Should such a need for temporary housing arise, the Agency will respond appropriately and in accordance with all applicable laws and requirements. Although the displaced households do not currently occupy affordable rent -restricted units and do not receive affordable housing subsidies, if requested by the tenant, attempts will be made to relocate the displaced households to rent -restricted affordable units. If affordable rent -restricted units are unavailable, the displaced households will be relocated to alternative comparable units. The location of these alternative comparable units will be identified prior to displacement. Furthermore, a resource survey, described later in this Plan, has identified the locations of several available properties within the City. RELOCATION BENEFITS Relocation benefits will be provided in accordance with the Law, the Guidelines, and all other applicable regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in accordance with approved procedures. The Agency will provide appropriate benefits to each of the displaced households as required. Eligibility requirements and benefit plans will be determined on an individual basis with each of the households. Each household will be counseled by RSG, the Relocation Coordinator under this Plan, on available housing options and any consequences that may affect financial assistance. Residential Moving Expense Payments Households will be eligible to receive a payment for moving expenses. Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. Each household may select their preferred method of moving expense payments. • Fixed Payment — a fixed payment for moving expenses is based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedules maintained by the California Department of Transportation. (See Table 1) OR • Actual Reasonable Moving Expense Payments — the displaced household may elect to have a licensed, professional mover perform the move; if so, the Agency will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household, and in accordance with the Law and Guidelines. p 129 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY Fixed Residential Moving Cost Table 1 Number of Rooms Cost 1 room $625 2 rooms $800 3 rooms $1,000 4 rooms $1,175 5 rooms $1,425 6 rooms $1,650 7 rooms $1,900 8 rooms $2,150 Additional room $225 Source: Uniform Relocation Assistance and Real Property Acquisition Policies Act (2008). Rental or Down Payment Assistance Pursuant to California Government Code Section 7264(b) and Guidelines Section 6104(b), displaced households may be entitled to a Replacement Housing Payment in the form of Replacement Housing Rental or Down Payment Assistance, not -to -exceed $5,250. If the households are eligible for Last Resort Housing benefits (refer to the Last Resort Housing Section that follows), they may receive additional payments. A household is eligible for Replacement Housing Rental or Down Payment assistance if the household: 1. Has lawfully occupied the Property as a permanent or customary and usual place of residence for no less than a 90-day period prior to the initiation of negotiations for acquisition of the property by the Agency; and 2. Has rented or purchased, and occupied a decent, safe, and sanitary replacement dwelling within one year after moving from the Property. Replacement Housing Rental or Down Payment Assistance is intended to assist eligible relocated households cover a potential increase in rent for a comparable replacement dwelling, for a period not to exceed 42 months. Rental or Down Payment Assistant payment amounts are calculated according to the Law and Guidelines, which, generally described, equals 42 times the difference between the base monthly rent (defined below) and the lesser of: 1. The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or 2. The monthly rent and estimated average monthly cost of utilities for the replacement dwelling actually occupied by the displaced household; or 3. The total amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designates these amounts. The base monthly rent for the displaced households is the lesser of: 1. The average monthly cost for rent and utilities at the Property (the current residence of the relocated household) for the three-month period prior to initiation of negotiations; or 2. Thirty percent (30%) of the displaced household's average gross annual household income. If a household refuses to provide appropriate evidence of income or is a dependent, the base monthly rental shall be determined by the average monthly cost for rent and utilities at the Property. N 130 RSG RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY Households eligible to receive a rental assistance payment (including Last Resort Housing benefits) may choose to utilize the payment for a down payment to purchase a replacement dwelling. If this option is utilized, the entire eligibility amount must be used towards the down payment and eligible incidental closing costs. The Agency will arrange for the deposit of the total rental assistance eligibility amount in an open escrow account conditioned by contractual provisions that assure the Law and Guidelines will be followed and that Agency funds will be reimbursed in the event escrow is cancelled or not closed within a reasonable period. Last Resort Housing As discussed later in this Plan, there is an adequate supply of replacement housing resources in the City of La Quinta. As such, the Agency will not need to build nor finance replacement housing. However, Last Resort Housing Assistance will be considered by the Agency, in accordance with Guidelines Section 6139, as a supplementary benefit if a household's rental housing assistance eligibility exceeds $5,250. Due to the high cost of living standards of the City's rental housing market, Last Resort Housing Assistance may be necessary. Recipients of this type of assistance who intend to purchase a home may request a lump sum payment for all the benefits in the form of a down payment. Undocumented persons are not eligible to receive Last Resort Housing Assistance. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the Agency (and, at the option of the claimant, the Relocation Coordinator) within eighteen (18) months from: 1. The date the claimant moves from the acquired property; or 2. The date on which final payment for the acquisition of real property is made, whichever is later. The procedure for preparing and filing claims and processing and delivering payments are as follows: 1. Claimant will provide all necessary documentation to substantiate eligibility of relocation assistance. 2. Benefit amount will be determined in accordance with the Law and Guidelines. 3. Claim forms must be prepared by claimant, but, at the request of the claimant, the Relocation Coordinator may be consulted for assistance. Claims signed by the claimant and supporting documentation must be submitted to the Agency for review. 4. Agency will approve or request additional information. If the claim is approved by the Agency, a benefit check will be issued, or, if applicable, a wire transfer will be made. If the claim is not approved, the claimant may proceed under the Grievance Procedures as discussed below. 5. Unless a wire transfer is made, the issued benefit checks will be hand delivered to the claimant by an Agency representative or the Relocation Coordinator. 6. Upon verifying that the claimant has completely vacated the Property and has secured residency in a replacement dwelling, final payments will be issued. No household will be displaced until "comparable" housing is located as defined above and in section 6008. subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines. However, no household will be denied benefits if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. ASSESSMENT OF NEEDS Personal interviews were conducted with the households living at each of the Properties. The purpose of the interviews was to learn more about the households including household size and composition, income, length • RSG„a. 131 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY and type of occupancy, ethnicity, home language, disability/health problems, and replacement housing preferences. The interviews were conducted May 19 and 20, 2011, and June 2 and 3, 2011. The descriptive data in this Plan is based solely on the responses provided by the households. No attempt was made to qualify income or other information provided by residents. Housina Occupancy This Plan encompasses one and two person households of eight rental studio units. All of the households will be eligible for relocation benefits. Unit Profiles Table 2 Unit HH # # # Size Bedrooms Bathrooms Move In Date Income Level Seniors Ethnicity Language La Fonda Four Plex 1 2 Studio 1 6/28/2009 Extremely Low 0 Hispanic English 2 2 Studio 1 11/1/2008 Very Low 0 Caucasian English 3 1 Studio 1 May-06 Very Low 0 Caucasian English 4 2 Studio 1 3/1/1996 Extremely Low 0 Hispanic Spanish/English La Fonda Five Plex 3 1 Studio 1 3/1/2011 Above Moderate 0 Caucasian English 4 1 Studio 1 1/25/2011 Unknown 0 Caucasian English Main Street Five Plex 1 1 Studio 1 Apr-08 Very Low 0 Caucasian English 4 1 Studio 1 At least 10 years Very Low 1 Hispanic Spanish Source: Based on descriptions provided during the tenant interviews Household Income With an exception of one tenant who is currently unemployed, income information was provided by the households during the interviews. According to the income standards set forth by California Department of Housing and Community Development for Riverside County (Attachment 3), adjusted for household size, two households are categorized as Extremely Low Income, four households as Very Low Income, one household as Above Moderate Income, and one household is unknown. Ethnicity. Primary Lannuane, and Citizenship The ethnicities of the persons residing in the eight occupied households were self -reported as Caucasian (4 households) and Hispanic (4 households). Six households reported the primary language as English and Spanish is the primary language for two households. A Spanish translator was present at the time of the interviews and documentation given to the tenants was provided in English and Spanish. All households reported being citizens of the United States. Senior or Handicapped There is one senior (62 years or older) living on the Main Street Five Plex property. The senior tenant indicated a preference for a unit on the first floor. None of the tenants reported having a disability. RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY Property Location and Amenities The Properties are located at 78181 and 78182 Avenida La Fonda and 78153 Main Street. The Properties are located within 0.5 miles of La Quinta City Hall, Senior Center, La Quinta Public Library, La Quints Community Park, the La Quints Village, Benjamin Franklin and John Adams Elementary Schools, post office, restaurants, and several convenience and grocery stores. The Properties are located within walking distance of the SunLine Transit Agency's Line 70 bus stops. Preferred Relocation Areas and Location Needs Seven households expressed their primary desire to remain in La Quinta, specifically in the La Quints Cove area. One tenant expressed interested in relocating to South Carolina. La Fonda Four Plex The household residing in Unit 1 expressed desire to relocate to La Quinta or Bermuda Dunes. If relocated to Bermuda Dunes, the household indicated they would like be along Washington Street, in close proximity to the La Quinta City boundaries. If this household were to relocate in La Quinta, the La Quints Cove is a requirement, in either a similar property such as a four-plex or apartment community. The household indicated that they would not like to relocate near children both in their living community (i.e. play ground or pool) or school. The household does not currently have a car but an assigned covered parking space is ideal for a future car. In addition, the household requested to be relocated in proximity to public transportation and shopping. The household residing in Unit 2 would like to relocate to La Quinta. This household would prefer to remain in the La Quinta Cove area, as it is in proximity to current employment, restaurants, and shopping. Pets would also need to be permitted at the relocated unit. The tenant residing in Unit 3 prefers to be relocated to La Quinta, in the La Quints Cove area, near current employment. The tenant would not like to reside near children, and prefers an older community. The tenant is not considered a senior and therefore, cannot reside in an age -restricted community. No other special relocation (i.e. medical facilities, public/social services and agencies, recreational services, parks, community centers, and shopping) needs were expressed by this tenant. The household residing in Unit 4 prefers to be relocated to either La Quinta or Palm Desert. If relocated to Palm Desert, the household would like to be in close proximity to the Palm Desert Shopping Mall, near current employment. The household would prefer to live in the La Quinta Cove area. Their requirements also include being in close proximity to public transportation. La Fonda Five Plex The tenant residing in Unit 3 expressed a preference to relocate to La Quinta, in the La Quinta Cove area. The tenant would prefer to reside in a quiet community with a pool. No other additional or special relocation needs. (i.e. proximity to employment, medical facilities, public/social services and agencies, recreational services, parks, community centers, and shopping) were expressed by the tenant residing in Unit 3. The tenant residing in Unit 4 expressed a preference to relocate to La Quints. Pets would need to be permitted at the relocation unit. No other additional or special relocation needs (i.e. proximity to employment, medical facilities, publictsocial services and agencies, recreational services, parks, community centers, and shopping) were expressed. Main Street Five Plex The tenant residing in Unit 1 would prefer to relocate to Summerville, South Carolina. No other additional or special relocation needs (i.e. proximity to employment, medical facilities, public/social services and agencies, recreational services, parks, community centers, and shopping) were expressed by the tenant. R u. 133 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY The tenant residing in Unit 4 would prefer to relocate to La Quinta, in the La Quinta Cove area. The tenant expressed desire to relocate to a similar four-plex or an apartment community. The tenant would like to relocate to a unit on the ground -floor, in a quiet community, in close proximity to public transportation and shopping. Replacement Housing Need Replacement housing needs are assessed by the number of required units and their respective number of bedrooms. Relocated households need a replacement unit with at least as many bedrooms as they currently have or enough bedrooms to prevent overcrowding. Housing standards typically allow up to three people in a one -bedroom, five people in a two -bedroom, and seven people in a three -bedroom unit. The eight households in the Properties are eligible for relocation benefits and will require replacement housing. REPLACEMENT HOUSING RESOURCES If a household is interested in relocating to an affordable rent -restricted unit, the Agency will work with affordable housing property managers and owners in La Quinta and Palm Desert to locate vacant units that are rent -restricted. In the event that affordable units are unavailable or do not meet the definition of comparable housing, as described by the Guidelines, comparable units will be selected from available market -rate housing. The selection of market -rate housing as replacement housing for the displaced households could require the Agency to subsidize rents to affordable levels per the Guideline's provisions regarding Replacement Housing Rental and Down Payment Assistance and Last Resort Housing. A housing resource survey was completed in May and June 2011 to identify comparable, decent, safe and sanitary units available within close proximity to the Properties (Attachment 4). The survey focused on identifying a rental housing inventory that addressed the replacement housing needs. Comparable replacement properties were identified using internet searches and contacting apartment communities located in the Cities of La Quinta and Palm Desert. The survey focused on the availability of comparable, decent, safe, and sanitary units, which contain the required minimum number of bedrooms, an area of adequate size for the household, and an area comparable with respect to the number of rooms and habitable living space. As identified in Attachment 4, the comparable replacement units are located in proximity to the Properties and in La Quinta, and have bedroom and bathroom combinations similar to those occupied at the Properties. The resource survey identified a studio/one-bath unit available and 27 one-bedroom/one-bath units available in La Quinta. CONCURRENT RESIDENTIAL DISPLACEMENT There are no other known projects currently underway that will result in the displacement of residential households in La Quinta. The Agency does not anticipate any competition for similar replacement housing. RELOCATION ASSISTANCE The Agency retained RSG to assist each household with their relocation needs. Kim Wong, Relocation Coordinator, may be contacted at (714) 316-2122 from 8:30 AM to 5:00 PM Monday through Friday. A comprehensive relocation assistance program including technical and advisory assistance will be provided and close contact will be maintained with each household. A Spanish translator is also available for those households needing translation. To ensure that the Agency meets all of its legal obligations, RSG, at a minimum, will perform the following activities: • Distribute an informational brochure concerning the relocation program to each household. • Inform all households regarding relocation assistance, procedures and benefits. • Determine each household's eligibility, needs and relocation preferences. RS 134 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY • Present timely referrals to at least three comparable replacement units and, if necessary, provide transportation to inspect potential replacement units. • Maintain a database of available housing resources and distribute replacement site referrals for the duration of the relocation process. • Assist households in securing and making necessary arrangements to rent or purchase replacement housing. • Assist with completing and filing of relocation claims, loan applications, and appeals forms, if requested by the relocated household. • Assure that no household will be required to move without a prior 90-day written notice, except for those households that have to be expeditiously moved to ensure the health and safety of the persons who occupy a unit. • Inform all households of the Agency's eviction and property management policies. RELOCATION TAX CONSEQUENCES With respect to the Internal Revenue Code of 1968, or the Personal Income Tax law (Part 10 of the Revenue and Taxation Code), relocation payments are typically not considered income. The Agency does not intend to provide tax advice by the previous statement. Displaced households are responsible for consulting with a tax advisor concerning the tax consequences of relocation payments. EVICTION POLICY The Agency recognizes that eviction is only permissible as a last resort and that relocation records must be documented to substantiate eviction. Eviction will not affect the eligibility of a person legally entitled to relocation benefits. Eviction will only take place in the event of the following: • Nonpayment of rent; • Breach or violation of the rental agreement; • A dangerous or illegal act in the unit; or • If the household refuses to accept all reasonable offers to move. GRIEVANCE PROCEDURES The grievance procedures will follow the standards described in Section 6150 et seq. of the Guidelines, as may be amended from time to time (Attachment 6). Displaced households will have the right to dispute their relocation process and have their case re-evaluated by the Agency. The request for review must be made within the 18 month relocation benefit period (refer to the Payment of Relocation Benefits section). Failure to make a timely request for review will result in the household's request being denied. The Relocation Coordinator is available to assist any household that may request such assistance in processing a grievance. PROJECTED DATES OF DISPLACEMENT The Agency will issue a 90-day Notice -to -Vacate before any households are required to move off of the Properties. These notices are expected to be issued within three months. Relocation is expected to be completed in six months. ESTIMATED RELOCATION COSTS The Agency will fund all relocation costs from its Low and Moderate Income Housing Fund. These figures should not be interpreted as firm, "not to exceed" or actual entitlement costs. These figures are based on the data obtained through occupant interviews, replacement site availability, market rate research, and the udgment of the Agency staff. They do not include payments to consultants or to contractors. Any and all PSG 135 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY required financial assistance, authorized pursuant to the Law and Guidelines, and not to exceed those amounts, will be provided. The budget estimate for the relocation of all residents of the Properties is $120,410. CITIZEN PARTICIPATION AND PLAN REVIEW This Plan will be provided to the household and will be made available to the public for the mandatory thirty (30) day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval before the Agency. Upon the request of any resident or other interested organization, a copy of the Plan will be forwarded to the California Department of Housing and Community Development ("HCD"). NECESSARY RELOCATION RESOURCES An assessment of whether the necessary financial and technical resources are available to successfully undertake and complete the relocation of the eight households was conducted by the Agency. The analysis included a review of the availability of replacement housing, an assessment of funding available for all relocation costs, and the availability of relocation advisory resources. The review determined that there are adequate financial and technical resources available to the Agency to successfully relocate all eight households from the Properties. Specifically, the housing resource survey indicates that there is a large supply of comparable, decent, safe and sanitary units available within the City. A review of the availability of the Low and Moderate Income Housing Fund determined that funds were sufficient and available to pay for all relocation costs. Lastly, the Agency has contracted with RSG to provide relocation advisory services to assist each household with their relocation needs. ATTACHMENTS Attachment 1 — Regional Site Map Attachment 2 — Properties Site Map Attachment 3 — California Department of Housing and Community Development Income Limits for Riverside County Attachment 4 — Comparable Replacement Units Attachment 5 - Information Notice and Notice of Intent Attachment 6 — Grievance Procedures (Section 6150 et seq. of the Guidelines) W., 13E RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY REGIONAL SITE MAP ATTACHMENT 1 Source: ESP! 0 0.35 01 1.4 2.1 2.8 Miles ZFY QWU 1QW ZNQ O ZF Z UAW o ani in a- Lu P W �> Q w Q W Z 4 O r U. ? g C'J Qg 0 Z W 9 Q N P n P co P co n M.. 138 f�J \ m Is 2 \ k I S a j _ . . < ( § » E I m / \ ! ) § k CL ) 2 ! ! a k _ k k \ } � / J § ! { ) ■ { « ! 7 k k fn ! R ! _ 2 @ � § c § ] c LO _ _ _ k k < 3 z. ! o v c ] 8 7 / « ! 0 7 ) § $ k \ § S k k a \ J k k c ) ■._ / ] § ! / ! ! \ Ma a Do k S � 0 § k k } ! x. ( k �. � ) ! § | / 00 J § 7 § * ! 'a £ ! ! § 41 0 00 _�00s k k k Vk Vk r ( . { ) .. L C ) , V § ( a o LK § k k _ i ! # k § | = k { } ! ; ! V \co 7 ® k / ® m - \ 2 - _ \ § { { § 0 ) § / ] ■ �_ i RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY Comparable Replacement Housing Unite Attachment 4 # # Bedrooms Bathrooms Rent Deposit Available Address Apt. Complex Quantity Studio 1 $600 $600 Now 52-960 Avenida Obregon, La Quinta Private Owner 1 Studio 1 $641 $300 6/10/2011 49-126 Idaho St, Palm Desert Desert Fountain 4 1 1 $860 $335 Now 50-660 Eisenhower Drive, La Quints Silvemawk 1 1 1 $718 $300 Now 49-125 Idaho St, Palm Desert Desert Fountain 2 1 1 $995 $250 Now 47-750 Adams St. La Quints, CA Aventine Apartment Homes 2 1 1 $995 $250 6/30/2011 47-750 Adams St. La Quinta, CA Aventine Apartment Homes 2 1 1 $920 $199 Now 43-100 Palm Royale, La Quints, CA Mediterra Apartments Homes 7 1 1 $940 $199 Now 43-100 Palm Royale, La Quinta, CA Mediterm Apartments Homes 15 Average .Rental Rate $865 - for Studioll-Bedroom in La Quints .. . Soule: Conversations with property management Companies on May 27 and 31, 2011 and June 1, 2011 140 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY ATTACHMENT 5 — INFORMATIONAL NOTICE AND NOTICE OF INTENT La Quinta Redevelopment Agency INFORMATIONAL NOTICE AND NOTICE OF INTENT IMPORTANTI PLEASE READ CAREFULLYI The La Quinta Redevelopment Agency ("Agency") is in the process acquiring of the residential property located at 78181 Avenida La Fonda.2 You are receiving this notice because you reside on this property and may be eligible for relocation benefits if the property is acquired by the Agency. Acquisition by the Agency may require tenants residing on the property to be relocated. However, it is the intent of the Agency to honor existing leases and provide adequate notice if relocation is necessary. YOU DO NOT HAVE TO MOVE NOWT This notice is meant to explain what the Agency is interested in doing and explain relocation assistance available to you under applicable California laws and regulations. Do I Have To Move? The law requires the Agency to give you at least 90 days written notice before you have to move. information letter! It is important that you do not move before you find out if you are eligible to remain on the property and you learn what you must do to receive the relocation payments and other assistance. You will not receive relocation benefits if you are evicted from the property for nonpayment of rent, in breach or violation of the rental agreement, engaged in dangerous or illegal acts in the rental unit, or if you refuse to accept reasonable offers to relocate to a new residence. Will I Get Any Help To Move? Yes. The law requires the Agency to give many different types of assistance. Some of the assistance depends upon when you moved into your residence. The Agency must: 1. Help pay for moving expenses; and 2. Help find other "comparable replacement" housing for you. Kim Wong with the Rosenow Spevacek Group Inc., the Agency's Relocation Consultant, will be assisting you in locating "comparable replacement housing" and be available to answer any questions you may have. The Agency will give you at least three referrals to other "comparable replacement" residences before you have to move or you can also look for your own replacement housing, but the final decision as to your replacement housing remains, pursuant to law, with the Agency. "Comparable replacement" housing means housing that is: (A) Decent, safe, and sanitary; (B) Not generally less desirable than your current residence in location to your employment, schools and other services; ? Address changed to 78182 Avenida La Fonda or 78153 Main Street based on tenant's location F:IS- G � 141 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY (C) Has disabled access if you are a disabled person; (D) Does not discriminate against you based on your race, nationality, religion, sex, age, disability, children, whether or not you are married, or any other protected classification as prescribed by law; (E) At least the same number of bedrooms and living area as your current residence; and (F) Affordable. "Affordable" means that rental costs (including utilities) are not more than 30% of your average monthly income. The Agency cannot make you move until the Agency can locate "comparable replacement" housing for you and provide you "Replacement Housing Payments" (rental assistance or down payment assistance payments), subject to limitations in amount as provided in law. Who Can I Speak To If I Have Any Questions? The Agency has arranged for the Rosenow Spevacek Group Inc., a Relocation Consultant, to be available to answer any questions you might have. Kim Wong, the Relocation Consultant, can be reached Monday through Friday between the hours of 8:00 am to 5:00 pm at (714) 541-4585 extension 122. The Agency encourages you to contact the Relocation Consultant to get more information about your individual rights to relocation assistance. The Relocation Consultant will also be available to assist you in finding a "comparable replacement' residence and can refer you to other agencies that can assist you. Should you be required to move, it is the goal of the Agency and the Relocation Consultant to make this upcoming transition as easy as possible for you. What Will Happen if I Move Now? If you move before you are required to, you will not be eligible for potential relocation assistance or benefits. Before making any moves, it is important that you contact the Relocation Consultant and find out all the information about your rights to assistance and benefits. Will Someone Contact Me About My Relocation Assistance? Yes. The Relocation Consultant will be contacting you in the future to talk to you about your eligibility for relocation assistance. This person will need to get information from you, including your income and household size. It is very important that you cooperate with the Agency in sharing information because the Agency must have this information to determine your needs and your eligibility for assistance. What If I Disagree With The Type Of Assistance Given To Me? If you disagree with the type of assistance you receive from the Agency, the law gives you the right to ask for a review of your claim. This is called a "grievance." For example, you may ask for a review of your claim if you disagree with the amount of your relocation assistance, our failure to provide you with "comparable replacement' housing, or any other disagreement you may have with '" 142 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY the services offered to you. If you want to file a "grievance," you should file it within 18 months of the date you move or the date you receive a final relocation payment, whichever is later. You may file a "grievance" and obtain a copy of the "Grievance Procedures" by contacting the Relocation Consultant. AGAIN, PLEASE REMEMBER THAT YOU ARE NOT REQUIRED TO MOVE AT THIS TIME, AND YOU WILL NOT BE ELIGIBLE FOR POTENTIAL RELOCATION ASSISTANCE OR BENEFITS IF YOU MOVE BEFORE THE AGENCY REQUIRES YOU TO DO SO. The Agency will continue to give you information and updates on the acquisition of the property. In the meantime, please feel free to contact the Relocation Consultant if you have any concerns, problems or questions. They are here to assist you with the relocation process. PLEASE KEEP THIS LETTER FOR FUTURE REFERENCEI ® RS C RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA.AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY Attachment 6 — Grievance Procedures (Section 6150 et.sea. of the Guidelines) Grievance Procedures California Code of Regulations, Title 25, Chapter 6, Article 5 6150. The Purpose The purpose of this article is to set forth guidelines for processing appeals from public entity determinations as to eligibility, the amount of payment, and for processing appeals from persons aggrieved by a public entity's failure to refer them to comparable permanent or adequate temporary replacement housing. Public entities shall establish procedures to implement the provisions of this Article. 6152. The Right of Review (a) Any complainant, that is any person who believes himself aggrieved by a determination as to eligibility, the amount of payment, the failure of the public entity to provide comparable permanent or adequate temporary replacement housing or the public entity's property management practices may, at his election, have his claim reviewed and reconsidered by the head of the public entity or an authorized designee (other than the person who made the determination in question) in accordance with the procedures set forth in this article, as supplemented by the procedures the public entity shall establish for such review and reconsideration. (b) A person or organization directly affected by the relocation plan may petition the department to review the final relocation plan of a public entity to determine if the plan is in compliance with state laws and guidelines or review the implementation of a relocation plan to determine if the public entity is acting in compliance with its relocation plan. Review undertaken by the department under this section shall be in accordance with the provisions of sections 6158 and may be informal. Before conducting an investigation, the department should attempt to constrain disputes between parties. Failure to petition the department shall not limit a complainant's right to seek judicial review. (c) If a relocation appeals board has been e4tablished pursuant to Section 33417.5 of the Health and Safety Code, a city by ordinance may designate the board to hear appeals from local public entities which do not have an appeal process. In the absence of such an ordinance, public entities shall establish procedures to implement the provisions of this Article. PSG 144 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY 6154. Notification to Complainant If the public entity denies or refuses to consider a claim, the public entity's notification to the complainant of its determination shall inform the complainant of its reasons and the applicable procedures for obtaining review of the decision. If necessary, such notification shall be printed in a language other than English in accordance with section 6046. 6156. Stages of Review by a Public Entity (a) Request for Further Written Information. A complainant may request the public entity to provide him with a full written explanation of its determination and the basis therefore, if he feels that the explanation accompanying the payment of the claim or notice of the entity's determination was incorrect or inadequate. The public entity shall provide such an explanation to the complainant within three weeks of its receipt of his request. (b) Informal Oral Presentation. A complainant may request an informal oral presentation before seeking formal review and reconsideration. A request for an informal oral presentation shall be filed within the period described in subsection (d) of this section, and within 15 days of the request the public entity shall afford the complainant the opportunity to make such presentation. The complainant may be represented by an attorney or other person of his choosing. This oral presentation shall enable the complainant to discuss the claim with the head of the public entity or a designee (other than the person who made the initial determination) having authority to revise the initial determination on the claim. The public entity shall make a summary of the matters discussed in the oral presentation to be included as part of its file. The right to formal review and reconsideration shall not be conditioned upon requesting an oral presentation. (c) Written Request for Review and Reconsideration. At any time within the period described in subsection (d) a complainant may file a written request for formal review and reconsideration. The complainant may include in the request for review any statement of fact within the complainant's knowledge or belief or other material which may have a bearing on the appeal. If the complainant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefore, the complainant's request should be granted. (d) Time Limit for Requesting Review. A complainant desiring either an informal oral presentation or seeking a formal review and reconsideration shall make a request to the public entity within eighteen months following the date he moves from the property or the date he receives final compensation for the property, whichever is later. 6158. Formal Review and Reconsideration by the Public Entity (a) General. The public entity shall consider the request for review and shall decide whether a modification of its initial determination is necessary. This review shall be conducted by the head of the public entity or an authorized, impartial designee. (The designee may be a committee). A designee shall have the authority to revise the initial determination or the determination of a previous oral presentation. The public entity shall consider every aggrieved person's complaint regardless of form, and shall, if necessary provide assistance to the claimant in preparing the written claim. When a claimant seeks review, the public entity PSG n ,j 14 RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78163 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY shall inform him that he has the right to be represented by an attorney, to present his case by oral or documentary evidence, to submit rebuttal evidence, to conduct such cross- examination as may be required for a full and true disclosure of facts, and to seek judicial review once he has exhausted administrative appeal. (b) Scope of Review. The public entity shall review and reconsider its initial determination of the claimant's case in light of: (1) All material upon which the public agency based its original determination including all applicable rules and regulations, except that no evidence shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the witness. (2) The reasons given by the claimant for requesting review and reconsideration of the claim. (3) Any additional written or relevant documentary material submitted by the claimant. (4) Any further information which the public entity in its discretion, obtains by request, investigation, or research, to ensure fair and full review of the claim. (c) Determination on Review by Public Entity. (1) The determination on review by the public entity shall include, but is not limited to: (A) The public entity's decision on reconsideration of the claim. (B) The factual and legal basis upon which the decision rests, including any pertinent explanation or rationale. (C) A statement to the claimant of the right to further administrative appeal, if the public entity has such an appeal structure, or if not, a statement to the claimant that administrative remedies have been exhausted and judicial review may be sought. (2) The determination shall be in writing with a copy provided to the claimant. (d) Time Limits (1) The public entity shall issue its determination of review as soon as possible but no later than 6 weeks from receipt of the last material submitted for consideration by the claimant of the date of the hearing, whichever is later. (2) In the case of complaints dismissed for untimeliness or for any other reason not based on the merits of the claim, the public entity shall furnish a written statement to the claimant stating the reason for the dismissal of the claim as soon as possible but no later than 2 weeks from receipt of the last material submitted by the claimant or the date of the hearing, whichever is later. 6160, Refusals to Waive Time Limitation Whenever a public entity rejects a request by a claimant for a waiver of the time limits provided in section 6088, a claimant may file a written request for review of this decision in accordance with the procedures set forth in sections 6156 and 6158, except that such written request for review shall be filed within 90 days of the claimant's receipt of the public entity's determination. RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY 6162. Extension of Time Limits The time limits specified in Section 6156 may be extended for good cause by the public entity. 6164. Recommendations by Third Party Upon agreement between the claimant and the public entity, a mutually acceptable third party or parties may review the claim and make advisory recommendations thereon to the head of the public entity for its final determination. In reviewing the claim and making recommendations to the public entity, the third party or parties shall be guided by the provisions of this Article. Except to the extent the confidentiality of material is protected by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination. 6166. Review of Files by Claimant Except to the extent the confidentiality of material is protected by law or its disclosure is prohibited by law, a public entity shall permit the claimant to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination. 6168. Effect of Determination on Other Persons The principles established in all determinations by a public entity shall be considered as precedent for all eligible persons in similar situations regardless of whether or not a person has filed a written request for review. All written determinations shall be kept on file and available for public review. 6170. Right to Counsel Any aggrieved party has a right to representation by legal or other counsel at his expense at any and all stages of the proceedings set forth in these sections. 6172. Stay of Displacement Pending Review If a complainant seeks to prevent displacement, the public entity shall not require the complainant to move until at least 20 days after it has made a determination and the complainant has had an opportunity to seek judicial review. In all cases the public entity shall notify the complainant in writing 20 days prior to the proposed new date of displacement. ., M RELOCATION PLAN 78181 & 78182 AVENIDA LA FONDA AND 78153 MAIN STREET LA QUINTA REDEVELOPMENT AGENCY 6174. Joint Complainants Where more than one person is aggrieved by the failure of the public entity to refer them to comparable permanent or adequate temporary replacement housing the complainants may join in filing a single written request for review. A determination shall be made by the public entity for each of the complainants. 6176. Judicial Review Nothing in this Article shall in any way preclude or limit a claimant from seeking judicial review of a claim upon exhaustion of such administrative remedies as are available under this Article. Source: California. Code of Regulations, California Office of Administrative Law M AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: August 2, 2011 BUSINESS SESSION: _ TITLE: Adoption of a Resolution Pursuant to Health & i7 Safety Code Section 33334.16, Extending the Time CONSENT CALENDAR: - Period to Initiate the Development and Disposition of the STUDY SESSION: Following Affordable Housing Properties: APNs 600-030- — 002 through -005, -008, -009, Dune Palms/Westward PUBLIC HEARING: Ho; APN 609-040-028, South of Washington/Hidden River Road; APN 773-077-014, Southeast Corner of — Avenida Mendoza and Avenida Montezuma RECOMMENDATION: Adopt a resolution of the City Council affirming the intention of the City Council that certain properties acquired by the La Quinta Redevelopment Agency with Low and Moderate Income Housing Funds will be used for the development of low and moderate income housing; and extending the time period by five years to initiate development and disposition of the properties. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Redevelopment Agency has been actively purchasing properties for the development of very low, low-, and moderate -income housing. These properties were purchased with Low and Moderate Income Housing Funds ("L&M Funds"), and include six parcels with dilapidated homes (that were subsequently demolished) at Dune Palms Road and Westward Ho; the property south of the Washington Street Apartment complex at Washington Street and Hidden River Road; and the property purchased from the Ostrowsky estate north of the La Quinta Community Park at Avenida Mendoza and Avenida Montezuma. N. 149 Under Health and Safety Code Section 33334.16 of the Community Redevelopment Law ("CRL"), when an agency uses L&M Funds to acquire property, the agency has five years from the date the property is purchased to initiate "activities consistent with the development of the property for that purpose." Per the code, "activities may include, but are not limited to, zoning changes or agreements entered into for that purpose." However, if those activities have not commenced, an Agency can extend this time period by another five years by adopting a resolution that "affirms the intention of the legislative body that the property be used for the development of housing affordable to persons and families from low and moderate income households." With regard to the six parcels acquired by the Agency at Dune Palms Road and Westward Ho, the site assembly process was challenging. These properties were under separate ownership and in order to assemble a parcel that could accommodate an economically viable and unified affordable housing development, all of the properties had to be acquired before the development process could begin. Further, each of the properties had unique circumstances that delayed the assembly, such as owners getting divorced and personal complications. The assembly is now complete, and the dilapidated structures have been demolished. The Agency also recently completed an RFQ for the property and selected a development entity, but an Exclusive Negotiating Agreement has not yet been executed pending resolution of the State's actions to seize and liquidate redevelopment agency assets. With regard to the remaining parcels (Washington Street and former Ostrowsky property), staff has conducted site studies and has prepared conceptual site plans, which will be further refined over time. However, due to current market conditions and uncertainty due to current State legislation to abolish redevelopment, the Agency has not moved forward with development of these parcels. Given the Legislature's recent actions in abolishing redevelopment agencies and forcing agencies to make payments under the "Voluntary Alternative Redevelopment Program, the near term availability of housing funds for the Dune Palms/Westward Ho properties and the other two properties is uncertain. It is currently anticipated that the Agency will need to utilize 100% of its 2011-2012 allocation for L&M Funds to reimburse the City for making the payments to the State. For this reason, the timing of development for the eight properties identified in this report is uncertain. Because of this uncertainly, the City Attorney and RSG recommend adopting the proposed resolution to extend the time period to initiate the development. p. 150 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution of the City Council affirming the intention of the City Council that certain properties acquired by the La Quinta Redevelopment Agency with Low and Moderate Income Housing Funds will be used for the development of low and moderate income housing; and extending the time period by five years to initiate development and disposition of the properties; or 2. Do not adopt a resolution of the City Council affirming the intention of the City Council that certain properties acquired by the La Quinta Redevelopment Agency with Low and Moderate Income Housing Funds will be used for the development of low and moderate income housing; and extending the time period by five years to initiate development and disposition of the properties; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell Economic Development/Housing Manager Approved for submission by: i40yv--, Thomas P. Genovese, City Manager Attachment: 1. Housing Property List " 151 RESOLUTION NO. 2011- A RESOLUTION OF THE LA QUINTA CITY COUNCIL OF THE CITY OF LA QUINTA CALIFORNIA AFFIRMING THE INTENTION OF THE CITY COUNCIL THAT CERTAIN PROPERTIES ACQUIRED BY THE LA QUINTA REDEVELOPMENT AGENCY WITH LOW AND MODERATE INCOME HOUSING FUNDS BE USED FOR THE DEVELOPMENT OF LOW AND MODERATE INCOME HOUSING WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety'Code § 33000 et seq. ("CRL"); and WHEREAS, the City of La Quinta is a municipal corporation and charter city under the Constitution of the State of California ("City"); and WHEREAS, the City Council is the "legislative body," as that term is defined in the CRL, for the jurisdiction in which the Agency operates; and WHEREAS, under CRL, at Health and Safety Code Section 33334.2 et seq., a certain portion of tax increment funds received by the Agency under Health and Safety Code Section 33670 must be set -aside in a Low and Moderate Income Housing Fund to be used by the Agency to improve, increase, and preserve the community's supply of low- and moderate -income housing, as defined in the CRL ("Low and Moderate Income Housing Funds"); and WHEREAS, in furtherance of this purpose, the Agency has acquired various properties with the Low and Moderate Income Housing Funds in order to improve, increase, and preserve the City's supply of low and moderate income housing, including those listed below; and WHEREAS, on June 8, 2006, the Agency acquired that certain real property known as Assessor Parcel 600-030-004, which is located at Dune Palms Road and Westward Ho Drive; ("Property #1 "); and WHEREAS, on June 13, 2006, the Agency acquired that certain real property known as Assessor Parcel No. 600-030-009, which is located at Dune Palm Road and Westward Ho Drive; ("Property #2"); and WHEREAS, on January 17, 2007, the Agency acquired that certain real property known as Assessor Parcel No. 600-030-003, which is located at Dune p, 152 " Resolution 2011- 5 Year Extension for Housing Properties Adopted: August 2, 2011 Page 2 Palm Road and Westward Ho Drive; ("Property #3" ); and WHEREAS, on April 27, 2007, the Agency acquired that certain real property known as Assessor Parcel No. 600-030-008, which is located at Dune Palm Road and Westward Ho Drive; ("Property #4"); and WHEREAS, on June 12, 2009, the Agency acquired that certain real property known as Assessor Parcel No. 600-030-002, which is located at Dune Palm Road and Westward Ho Drive; ("Property #5"); and WHEREAS, on February 26, 2010, the Agency acquired that certain real property known as Assessor Parcel No. 600-030-005, which is located at Dune Palm Road and Westward Ho Drive; ("Property #6"); and WHEREAS, Properties #1 through #6 are contiguous sites which are intended to be developed as a single, integrated housing development for low- and moderate -income persons; and WHEREAS, assembling Properties #1 through #6 was a difficult and time consuming process because each of the properties was under separate ownership, and several personal issues relating to the individual owners, such as divorces and deaths in the families, caused delays in reaching agreements, in opening escrows, in closing escrows, and in relocating the property owners; and WHEREAS, the Agency has undertaken numerous steps toward developing Properties #1 through #6 as affordable housing, including demolition of structures and completing an Request for Qualifications process to identify potential affordable housing developers; and WHEREAS, on October 15, 2007, the Agency acquired that certain real property known as Assessor Parcel No. 609-040-028, which is located south of Washington Street and Hidden River Road; ("Property #7"); and WHEREAS, on November 30, 2007, the Agency acquired that certain real property known as Assessor Parcel No. 773-077-014, which is located at the southeast corner of Avenida Mendoza and Avenida Montezuma; ("Property #8" ); and WHEREAS, the Agency has undertaken preliminary site studies and conceptual site plans for Properties 7 and 8: and WHEREAS, in recent years, the Agency has committed substantial portions of its Low and Moderate Income Housing Funds to numerous other affordable •a 153 Resolution 2011- 5 Year Extension for Housing Properties Adopted: August 2, 2011 Page 3 housing projects, including Watercolors, Vista Dunes Courtyard Homes, Wolff Waters Place, Coral Mountain, Habitat for Humanity, and the Foreclosed Home Purchase Program; and WHEREAS, in order for the City to make the "Voluntary Alternative Redevelopment Agency Program" payment on January 15, 2012, and May 15, 2012, the City anticipates needing 100% of the 2011-2012 allocation for the Low and Moderate Income Housing Funds; and WHEREAS, in light of the expenditures referenced the above two recitals, there is likely to be insufficient funding to complete the affordable housing development on Properties # 1 through # 8 in the near term; and WHEREAS, pursuant to the CRL, at Health and Safety Code Section 33334.16, for each interest in real property acquired using Low and Moderate Income Housing Funds, the Agency, within five years from the date of acquisition, is required to initiate activities, such as zone changes or the entering into disposition and development agreements, consistent with the development of the property for low- and moderate -income housing; and WHEREAS, for Property #1 the five year period expires as of June 8, 2011; and WHEREAS, for Property #2 the five year period expires as of June 13, 2011; and WHEREAS, for Property #3 the five year period expires as of January 17, 2012; and WHEREAS, for Property #4 the five year period expires as of April 27, 2012; and WHEREAS, for Property #5 the five year period expires as of June 12, 2014; and WHEREAS, for Property #6 the five year period expires as of February 26, 2015; and WHEREAS, for Property #7 the five year period expires as of October 15, 2012; and "'a.. 154 Resolution 2011- E Year Extension for Housing Properties Adopted: August 2, 2011 Page 4 WHEREAS, for Property #8 the five year period expires as of November 30, 2012; and WHEREAS, pursuant to Health and Safety Code Section 33334.16, the City Council, as the legislative body as defined by the CRL, is authorized to extend the foregoing described five year period for up to an additional five years upon the City Council affirming its intention that the property be used for the development of housing affordable to persons and families of low and moderate income; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, as follows: SECTION 1. The above recitals are true and correct and are adopted as the findings of the City Council SECTION 2. The City Council finds and determines that: A. For properties #1 though #6, the Agency had difficulty assembling the contiguous parcels, and currently, in spite of the issuance of an RFP to develop the parcels, the Agency finds that due to current economic and market factors, other housing priorities, and a recently -created lack of funding due to the enactment of ABX1 26 and ABX1 27, development of these properties for housing affordable to persons and families of low- and moderate -income has not been able to be accomplished within the initial period under Health and Safety Code Section 33334.16 and an extension is warranted so that these sites are preserved for future affordable housing. B. For properties #7 and #8, the Agency finds that due to current economic and market factors, other housing priorities, and a recently -created lack of funding due to the enactment of ABX1 26 and ABX1 27, development of these properties for housing affordable to persons and families of low -`and moderate -income has not been able to be accomplished within the initial period under Health and Safety Code Section 33334.16 and an extension is warranted so that these sites are preserved for future affordable housing. C. Pursuant to Health and Safety Code Section 33334.16, the City Council affirms its intention that Properties #1 through #8 be used for the development of housing affordable to persons and families of low and moderate income. D. The time period for the development of Properties #1 through #8 under Health and Safety Code Section 33334.16 are hereby extended for a period of five years as follows: Property #1 extended to June 8, 2016 155 ,.a Resolution 2011- 5 Year Extension for Housing Properties Adopted: August 2, 2011 Page 5 Property #2 extended to June 13, 2016 Property #3 extended to January 17, 2017 Property #4 extended to April 27, 2017 Property #5 extended to June 12, 2019 Property #6 extended to February 26, 2020 Property #7 extended to October 15, 2017 Property #8 extended to November 30, 2017 SECTION 3. The City Manager and authorized designees are hereby authorized and directed to take such other and further actions, and sign such other and further documents, as is necessary and proper in order to implement this Resolution on behalf of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of August 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, MAYOR City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California u, 156 ATTACHMENT I HOUSING PROPERTIES ON hA nl 'P DUNE PALMS 1 600-030-004 ROAD AND JUNE 8, 2006 JUNE 8, 2011 JUNE 8, 2016 WESTWARD HO DRIVE DUNE PALMS 2 600-030-009 ROAD AND JUNE 13, 2006 JUNE 13, 2011 JUNE 13, 2016 WESTWARD HO DRIVE DUNEPALMS ROAD AND JANUARY17, JANUARY 17, JANUARY -17, 3 600-030-003 WESTWARD 2007 2012 2017. HO DRIVE DUNE PALMS ROAD AND . 4 600-030-008 APRIL 27, 2007 A PRIL 27, 2012 APRIL 27, 2017 WESTWARD HO DRIVE DUNE PALMS 5 600-030-002 ROAD AND JUNE 12, 2009 JUNE 12, 2014 JUNE 12, 2019 WESTWARD HO DRIVE DUNE PALMS ROAD AND FEBRUARY 26, FEBRUARY 26, FEBRUARY 26, 6 600-030-005 WESTWARD 2010 2015 2020 HO DRIVE WASHINGTON STREET AND OCTOBER 15, OCTOBER 15, OCTOBER 15, 7 609-040-028 HIDDEN RIVER 2007 2012 2017 ROAD AVENIDA MENDOZA NOVEMBER 30, NOVEMBER 30, NOVEMBER 30, 8 773-077-014 AND 2007 2012 2017 AVENIDA MONTEZUMA 157 F �zQum& 6 `y oe iKti COMMISSION MEETING DATE: August 2, 2011 ITEM TITLE: Consideration of .-a Temporary Art Donation and Approval of an Agreement for Temporary Loan of Artwork with Joe Oakes RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: I CONSENT CALENDAR: STUDY SESSION - PUBLIC HEARING: Approve a Temporary Art Donation and approve an Agreement (Attachment 1) for Temporary Loan of Artwork with Joe Oakes. FISCAL IMPLICATIONS: As part of the Temporary Loan of Artwork the City will provide a plaque identifying the Artist and the title of the artwork. The approximate cost is $100 and will be funded from the Art in Public Places Fund, Account No. 270-0000-451.61-10. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 11, 2010, the City received a request from Joe Oakes to consider• acceptance of a temporary donation of his artwork in one of the City's public facilities. Mr. Oakes included a request letter and photos of the artwork (Attachment 2) to be included in the temporary art donation. La Quinta Artist Joe Oakes would like to provide eleven pieces of artwork to be displayed at the Library. His collection of representational landscapes is created with acrylics on canvas. Mr. Oakes was honored in 2011 by the City Council as one of the. Distinguished Artists of La Quinta. Mr. Oakes also instructs painting courses for the city. His work has been on display at several California exhibitions including Summer Arts at Dos Lagos Juried Art Show in Corona and Riverside Art Museum Members' Exhibition. On July 11, 2011, the Community Services Commission approved a recommendation to the City Council to place Mr. Oakes' artwork in the Library corridor. N . 158 The Artist will install the following acrylic landscape paintings in the Library corridor: Title Medium Frame Size Price Sunset Canyon acrylic 16x20 $425 Mighty Oak acrylic 14x18 $325 Desert Wash in Winter acrylic 20x30 $625 Desert Hideaway acrylic 16x20 $425 La Piazza acrylic 14x18 $325 Morning Light acrylic 15x30 $525 Afternoon Downpour acrylic 12x24 $375 Soggy Trail acrylic 16x20 $425 River Road acrylic 18x24 $475 Enchanting Ravine acrylic 15x30 $525 Lakeside Threat acrylic 16x20 $425 If approved, the Temporary Art Loan Agreement allows the artist to install the paintings and have them placed in the Library corridor for up to sixty days. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Temporary Art Donation and approve an Agreement for Temporary Loan of Artwork with Joe Oakes; or 2. Do not approve a Temporary Art Donation and approve an Agreement for , Temporary Loan of Artwork with Joe Oakes; or 3. Provide staff with alternative direction. Respectf Ily submitted, E ie Hy Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Agreement for Temporary Loan of Artwork 15 g 2. Biography and Artwork Samples „ ATTACHMENT 1 AGREEMENT FOR TEMPORARY LOAN OF ARTWORK This Temporary Loan Agreement ("Agreement") is entered into this _ day of , 2011, by and between the City of La Quinta, a California municipal corporation and charter city ("City"), and Joe A. Oakes ("Artist"). RECITALS WHEREAS, Artist is the owner of the Artwork described in this Agreement; and WHEREAS, the City desires to increase public awareness and exposure to the arts in a cost effective manner for the general welfare and benefit of the City's residents; and WHEREAS, City and Artist desire that City temporarily have custody and possession of the Artwork for the purposes of public display and enjoyment; and WHEREAS, the City wishes to accept and the Artist wishes to loan on a temporary basis the Artwork; and WHEREAS, the parties desire by this Agreement to provide for the parties' respective interests in the Artwork and for procedures and understandings governing .its use, custody, protection and public enjoyment. TERMS NOW, THEREFORE, the parties hereto agree as follows: 1. Description of Artwork. This Agreement pertains to the loan of ten pieces of artwork (collectively referred to in this Agreement as "Artwork"). The Artwork is more fully and specifically described in Exhibit "A," attached hereto and incorporated herein by this reference, with reference to their titles, types of work, the approximate size of each, the appraised value of each, and whether they are dated, signed, and framed. 2. Duration of Loan. The City shall accept the temporary loan of Artwork described in Exhibit "A" for a period of three months, commencing on October 3, 2011 and ending on the loan termination date of December 30, 2011 (the "Loan Period"). The Loan Period may be shortened or lengthened in duration by mutual agreement between the Artist and the City. 3. Location of Artwork. The Artist agrees that the City shall have sole and absolute determination as to the location and placement of the Artwork. In the event Artist does not approve of the proposed location, Artist may cancel this Agreement. N 160 4. Transport and Installation. All transportation of the Artwork to the City's site, proper installation, proper de -installation and removal from the City's site shall be the responsibility of the Artist, at the Artist's sole costs. 5. Condition, Use, and Care of Artwork. Artist certifies that the Artwork is in good condition unless and except as specifically noted: During the Loan Period, City shall not loan the Artwork for exhibition or other usage away from the City site without the prior written consent of the Artist. Upon termination of this Agreement, City shall return the Artwork to Artist in as good condition as when City took possession thereof, ordinary wear excepted. Artist shall be responsible for de - installing the Artwork and for any transportation costs associated with the return of the Artwork. While the Artwork is in the possession and care of City, the Artist shall provide City with written instructions for appropriate maintenance of the Artwork. During the Loan Period, the City shall be responsible for the maintenance of the Artwork. 6. Insurance for Artwork. The City shall cover the Artwork against damage or loss in the amount of Five Thousand and Zero/100 Dollars ($5,000.00), which the parties agree is the fair market value of the Artwork and the extent of the City's liability in the event of damage or loss. The City's obligation to provide coverage is solely for the duration of the Loan Period and only while the Artwork is located on the City's property, excluding installation and de -installation. 7. Termination. In the event that the City determines, at its sole discretion, that it no longer desires to display the Artwork, then the City may terminate this Agreement upon a thirty (30) days notice to the Artist, and the Artwork shall be removed by the Artist in accordance with the terms stated in Section 4 within twenty- one (21) days of the Notice of Termination by the City. City shall have the right to dispose of the Artwork if it has not been removed pursuant to the Notice issued under this paragraph, or within 30 days after the expiration of the Loan Period where no early termination notice is provided. Such failure to remove the Artwork shall be deemed to convert the temporary loan into a permanent donation with the City obtaining full title to the Artwork. , 8. Title to Artwork. Except as provided in Section 9 below, the Artwork shall remain the property of the Artist. However, by virtue of this Agreement, the City is entitled to custody and possession, and the Artist agrees to relinquish custody and possession of the Artwork for the Loan Period described in Section 2 above. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq., and all other rights in and to the Artwork except custody and possession, except as such rights are limited by this Agreement. 9. Sale of Artwork. The Artist may sell the Artwork during the term of this Agreement and, if sold, may assign his/her rights under this Agreement. However, under no circumstances shall sale of this Artwork terminate this Agreement or adversely affect the City's rights hereunder including, but not limited to, the City's " 161 right to custody and possession. The Artist shall notify the City immediately upon sale of the Artwork. 10. Warranty of Title and Rights of City. Artist warrants that he/she is the creator and owner of the Artwork, that to the best of his/her knowledge the Artwork is not presently subject to claims of ownership, lien or encumbrance or to common law or statutory copyright claims of any other person, institution, or domestic or foreign government, and that Artist has complied with all applicable domestic and foreign customs and export/import regulations. The Artist hereby grants to the City, in perpetuity, the right to photograph, film, videotape, or otherwise depict the Artwork at any time during the Loan Period and to use such photographs, film videotapes or depictions at any time thereafter for purposes of promotion relating to the exhibition or the City, provided the City gives artistic credit to the Artist concurrently with such uses. 11. Credit Line and Identification of Artist. During the Loan Period, the City shall install and maintain a plaque near the Artwork identifying the Artist. In addition, in any public announcements or promotion of the exhibit or the City that utilize images of the Artwork, the City shall use the following credit line for the Artwork: Local Landscapes by Joe A. Oakes, on loan to City from the Artist"]. 12. Integration. This Agreement, consisting of five pages and one exhibit, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth in this Agreement. 13. Amendment/Modification. No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. 14. Non -Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. 15. Governing Law. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 16. Venue. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. p" 162 17. No Personal Liability. No elected or appointed official, employee, or agent of the City shall be charged personally with any liability under any term or provision of this Agreement. 18. Attorneys Fees. If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions.of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. 19. Binding. This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective heirs, personal representatives, successors and permitted assigns. 20. Notices. All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: To the City: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 Attn: Community Services Director To the Artist: Joe A. Oakes 45250 Birchcrest Circle La Quinta, CA 92253 (760) 861-4796 21. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal, void, or unenforceable, that term shall be severed from and shall not affect the validity and enforceability of the remaining portions of this Agreement. 22. Headings. The paragraph headings herein are used only for ease of reference, and do not limit, modify, construe, or interpret any provision of this Agreement. 23. Assignment. This Agreement may not be assigned, either in whole or in part, by either party without the express written consent of the other, in advance. The assignee under any permitted assignment shall have all the rights and remedies of the original parties insofar as the same are assignable. •"" 163 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney ARTIST: By: Name:— Title: — Date: Date ". 164 EXHIBIT "A" DESCRIPTION OF ARTWORK The Artist will install eleven acrylic landscape paintings in the Library corridor to include: Title Medium Frame Size Price Sunset Canyon acrylicyes 16x20 $425 Mighty Oak acrylicyes 14x18 $325 Desert Wash in Winter acrylicyes 20x30 $625 Desert Hideaway acrylicyes 16x20 $425 La Piazza acrylicyes 14x18 $325 Morning Light acrylicyes 15x30 $525 Afternoon Downpour acrylicyes 12x24 $375 Soggy Trail acrylicyes 16x20 $425 River Road acrylicyes 18x24 $475 Enchanting Ravine acrylicyes 15x30 $525 Lakeside Threat acrylicyes 16x20 $425 N _ 165 ATTACHMENT 2 JOE (? ,AKES FIA1,a IS '�.. ' www.joeaoakes.com cell: 760-861-4796 email: joakesl3@verizon.net Artist: Joe A. Oakes Statement: My art at this time is solely dedicated to the landscape. I just can't get enough of natures beauty and the challenge that comes with trying to capture and portray a place in time. Each landscape I paint is somewhere I have been even if only briefly: Something about that place at that time caused me to stop and take notice. Therefore, I try to capture the spirit or essence of that time and place in order to convey that mood or feeling to the viewer. I use basic elements of art and design to create pieces I feel are compositionally sound, always considering where the lines and forms are leading the eye within the painting. It is important to me to combine this with an emotional connection to the place. I consider my work representational but strive not to be too realistic. Evoking a feeling of time and place is the challenge I put to myself. And I continue that effort through each painting. Biography: I can remember doing pencil and marker sketches as early as age five. I'm not sure what they look like but if you ask my Mom, she'll be happy to show you some! Later I graduated to scrap paper and cardboard to create holiday greeting cards for family members. I can still remember the excitement that came with each new pencil or paint set or even model cars and boats. I just loved working with my hands and creating... still do. During the school years I excelled in my. art classes. Due in part to the encouragement I received from so many teachers, fellow students and my parents. I did more experimenting in different media back then. I also won many school competitions and awards. I eventually found my way to college and earned a BFA from Cal State Fullerton in 1997. For awhile I worked as a graphic designer. Although I enjoyed it, I needed something even more creative. Something I could really sink my teeth into and be passionate about. The economic downturn of our time allowed me to dedicate much more of my personal time to the creation and promotion of my artwork. It wasn't easy at first, but it may never be. An.artist must always be learning and striving to improve! I've also discovered how much I enjoy teaching art classes and workshops. The fun and energy of the classroom has become my second passion. I learn from my students and improve upon my own work with each class. I am originally from Chicago but have lived in Southern California for the last nineteen years. I am located in the Palm Springs area and reside there with my supportive wife and two great sons. Exhibitions & Awards 2011: Group Art Exhibition - Summer Arts At Dos Lagos Juried Art Show, Corona, CA Group Art Exhibition - Riverside Art Museum Members' Exhibition, Riverside, CA Honorable Mention - National Orange Show Juried Exhibition, San Bernardino, CA Honorable Mention - "All's Fair in Art... Again", Juried Show, Fallbrook Art Center, Fallbrook, CA Finalist - Richeson 75 Landscape Competition Exhibit, Kimberly, WI Distinguished Artist Award - City of La Quinta, La Quinta, CA Group Art Exhibition - Wine & Dine Art Show, Redlands, CA a.f' 166 Group Art Exhibition - Soroptimist Wine and Art Festival, La Quinta, CA JOE A. OAKES F►vr A►I'lST INSTRUCTOR www.joeaoakes.com cell: 760-861-4796 email: joakesl3@verizon.net 1. Sunset Canyon 3. Desert Wash In Winter i,�Jih&o)& 2. Mighty Oak 4. Desert Hideaway �. La Piazza 167 6. Morning Light 8. Soggy'liail 10. Enchanting Ravine 7. Afternoon Downpour 9. River Road 11. Lakeside Threat •1.0. 168 44R COUNCIL/RDA MEETING DATE: Auqust 2, 2011 ITEM TITLE: Consideration of a Representative for the Coachella Valley Economic Partnership Board of Directors RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: Z CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Select a Board Representative for the Coachella Valley Economic Partnership Board of Directors. FISCAL IMPLICATIONS: The City Council authorized an investment in CVEP of $25,000 in the Fiscal Year 201 1 /2012 budget. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities. The Charter allows the City "to utilize revenues from the General Fund to encourage, support, and promote economic development." BACKGROUND AND OVERVIEW: The Coachella Valley Economic Partnership ("CVEP") is a regional economic development organization, formed as a California Nonprofit Public Benefit Corporation under IRS Code 501(c)(3). Its purpose is to "further the economic welfare and development of the Coachella Valley, with respect to industrial and business attraction, location, retention and expansion, the development of commerce, and the furthering of the Region's products, services, and resources." 169 Established in 1994, CVEP members (whom CVEP calls, "investors") include a diverse group of businesses, all Coachella Valley cities, the Riverside County Economic Development Agency, local school districts, higher education institutions, several local tribes, and local utility providers. In 2009, CVEP amended its by-laws, which specified eligibility for a Board of Directors seat based on contribution amount (minimum of $10,000). The by-laws were further amended in 2010 to allow the investor to also designate an alternate representative to the Board, who can fill in for the designated Board Representative. The by-laws provide for a two-year term; the service year is from July 1 through June 30. A listing of the 201 1 /2012 Board of Directors is included as Attachment 1. In the past, city staff members have served as CVEP Board Representatives. However, this year, each participating city in the Coachella Valley, with the exception of La Quinta, has opted to designate an elected official as its Board Representative, and a staff member as the Alternate Representative. Currently, La Quinta's Board Representative and Alternate Representative are both staff members. Given the regional nature of CVEP, and the trend towards elected officials serving on the Board of Directors, the City Council may want to consider designating an elected official as its Board Representative, and direct the City Manager to designate a staff member as the Alternate Representative. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select a Board Representative for the Coachella Valley Economic Partnership Board of Directors; or 2. Do not select a Board Representative for the Coachella Valley Economic Partnership Board of Directors; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell Economic Development/Housing Manager 170 for submission by: ;k".- - 1 G✓� U Thomas P. Genovese, City Manager Attachment: 1. List of 201 1 /2012 Board of Directors ••.a 171 CVEP 2011/2012 Board of Directors ATTACHMENT Best Best & Krieger LLP Bob Hargreaves Burrtec Waste & Recycling Michael Veto City of Cathedral City Council Member Greg Pettis City of Coachella Mayor Eduardo Garcia City of Desert Hot Springs Mayor Yvonne Parks City of Indian Wells Council Member Bill Powers City of Indio Council Member Elaine Holmes City of La Quanta Deborah Powell City of Palm Desert Council Member Jan Harnik City of Palm Springs Mayor Steve Pougnet City of Rancho Mirage Council Member Richard Kite Coachella Valley Unified School District Marcie M. Rivera College of the Desert Jerry Patton Convention & Visitors Authority Scott White CSUSB Palm Desert Campus Fred E. Jandt Desert Sands Unified School District Dr. Sharon P. McGehee Imperial Irrigation District Patrick Swarthout JFK Hospital Jeff Van Hoy Kaiser Permanente John Mich Morcus Management Group Lee Morcus Oliphant Enterprises Richard Oliphant Osborne Rincon Lee Osborne Pacific Western Bank David Peat Palm Springs Unified School District Dr. Christine Anderson Riverside County Economic Development Agency Lisa Brandl Riverside County Office of Education Kenneth M. Young Southern California Edison Kathleen DeRosa Southern California Gas Company Deborah McGarry Sunline Transit Agency Mikel Oglesby The Desert Sun Mark Winkler Time Warner Cable Kathi Jacobs UCR, Palm Desert Graduate Center Dean David Stewart 1,10 172 Eisenhower Medical Center Ann Mostofi 91-2-q-i� MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager 6 d DATE: August 1, 2011 SUBJECT: Council Member Terry Henderson Council Member Henderson asked that the attached documents be distributed to you. The documents include an article from CA Cities Advocate regarding the League of California Cities Board of Directors' adoption of a pension policy at their July board meeting; highlights from the League's Revenue and Taxation Policy Committee meeting of June 17, 2011; and the latest news from the Riverside County Transportation Commission. Attachments .,X 173 1 agc 1 VI 1 Article from CA Cities Advocate (htto://newsletter cacities org/e article002172200 cfm?x bjMPkdG b98gDbBHl July 29, 2011 League Board of Directors Adopts Pension Policy at Long Beach Meeting The League of California Cities' board of directors has adopted a new policy on public pension reform in California. The policy document was the product of considerable discussion within the League's City Managers department, as well as key League policy committees. The policy encompasses many of the long-standing financial issues in public retirement systems, but also some of the more recent discussions and proposals regarding pension reform at the state and local level. The City Managers department has been actively engaged in public pension reform discussions for a number of years, both prior to and following the onset of this lingering recession that started in 2008. The stock market and investment losses that occurred in 2008, 2009 and 2010 have driven up public employer costs for pension systems to the point of threatening the very sustainability of these pension benefits and imposing a concern about the severe impact of pension costs on the delivery of all public services at the state and local level. The policy starts by recognizing the prominent role that pension benefits play in recruiting and retaining high - performing, career public employees, but offers a three step approach to correcting the escalating costs of providing this benefit. Those steps include recommendations for actions at the local government collective bargaining table, actions that can be taken at the statewide level, and some additional considerations and options for restoring pension sustainability. Highlights among the recommendations include: • Requiring that employees pay more or pay their entire designated employee costs for public pension systems; • Providing new, lower tier retirement benefits for newly hired employees; e Basing final retirement salary on the three highest paid years of employment and eliminate the option to be paid on the highest paid single year of employment; • Providing employers with the option to adopt a "hybrid" retirement plan that caps the defined benefit portion of the pension at 70 percent of the retiring employee's base pay; and offer a defined contribution retirement benefit in conjunction with the defined benefit plan; and • Conducting a thorough legal analysis of the state of the law as it relates to the "vested rights" theory/doctrine of public pension systems. The new policy on pension reform adopted by the board of directors has a number of additional recommendations. The document is posted on the League's website. City officials are encouraged to review the document as a guide to addressing this growing public problem in California. Published by League of California Cities Copyright © 2011 League of Califomia Cities. All rights reserved. Powered by IMN http://www.imakenews.com/eletra/mod_print_view.cfm?this_id=2172200&u=priorityfocu... 7/30/2011 „. 174 REVENUE AND TAXATION POLICY COMMITTEE HIGHLIGHTS Friday, June 17, 2011 Sacramento Convention Center, Sacramento ATTENDANCE Members: Cisneros, Jose (V.Chair); Andrews, Neal; Arevalo, Paul; Biery, Robert; Bornstein, Irwin; Brock - Cohn, Holly; Chang, Ling -Ling; Cox, Cheryl; Donlevy, Jr, John; Duncan, Glenn; Gillison, John; Goldstone, Jay; Halliday, Barbara; Hamilton, Melinda; Hawkesworth, Matthew; Henderson, Terry; Holloway, Chip; Janney, Jim; Kowalczyk, Rick; Lane, Randon; Lilligren, Tim; Miller, Glenn; Miller, Scott; Navazio, Paul; Noll, Michael; Parisi, Laura; Parmentier, Roy; Pastucha, Martin; Richardson, Sepi; Savelli, Greg; Songstad, Allan; Stepper, Karen; Strong, Fred; Vanderpool, Jim; Wadle, Dane League Partners: Ovrom, Denise, Hdl Companies League Staff: Dan Carrigg i. Special Order of Business: State Budget and Redevelopment Update (10:00-11:00 am) The Revenue and Taxation, Transportation, Communication and Public Works, Administrative Services, and Environmental Quality Policy Committees came together for a joint briefing on major issues of the budget. Chris McKenzie, the League's Executive Director, provided a summary of the actions of the Legislature, which had passed a budget package the day prior to the meeting which included a two -bill "redevelopment elimination" package. Upon passage of the package, the League and California Redevelopment Association began developing legal documents to challenge the validity of the package. He also reported that the Governor had vetoed the main budget bill, but could not take action on the remainder of the budget trailer bills as they were not yet on his desk. Dan Canigg, the League's Legislative Director, followed by providing some details on the remaining budget trailer bills. Michael Coleman, the League's fiscal consultant showed a PowerPoint presentation on what was included in the budget package as passed by the Legislature (http://www.califomiacityfinance.com/PolicyComlIO616p!pdf). Committee members were provided with a list of all budget trailer bills as well as a document outlining some of the legal problems with the redevelopment elimination. Dorothy Holzem, League staff, updated the committee members on public safety funding and policy issues. This included two trailer bills that both seek to increase state revenues through fee assessment. The first, ABx 122, would increase vehicle registration fees by $12 to backfill Department of Motor Vehicle administrative costs with approximately $300 million going back to the 2011 Local Revenue Fund for cities and counties. While not explicit in the bill, these monies could possibly be used to fund COPS programs and booking fee subventions, along with other soon - to -expire county law enforcement grants. The second fee bill, ABx1 29, establishes an annual $150 fee for structures for fire protection in state responsibility areas. Notably, the Governor's priority public safety issues were not included in the budget trailer bill package, including either a temporary or longer -term tax extension to fund the state -local corrections realignment plan. The realignment plan is at the center of achieving state prison inmate population reduction goals now required under the recent U.S. Supreme Court's ruling against the state. Natasha Karl updated the group on the latest on pension reform. She indicated that with the governor's veto of the budget we'll likely see talks between republicans and the governor's office heat up on this issue. There are two League resources that can be found in the League's Pension Information Center that may be helpful to members including a comparison of the Governor's 12- Point Pension Reform Plan the Senate Republican's Demands (http://www.cacities org/resource files/29685 PensionsGovsl2oointplanvsrepublicanplan4 l I pdQ and a Background on Pension Reform (http://www.cacities.org/resource files/29843 Pension%20Reform%20Background%20Document p df). The Employee Relations and Revenue and Taxation Committees were also expected to discuss 175 the City Managers' Department Pension Reform Action Plan. Jennifer Whiting, League staff, provided an overview of what is happening on the federal level, noting that federal programs are experiencing significant cuts and encouraging cities to provide specific examples when lobbying their federal representatives. Following the budget and policy briefing, Dan Harrison, Director of Administrative Services, provided an update on League -sponsored services including California Communities, CaITRUST, and US Communities. I. Welcome and Introductions The committee made self -introductions II. Public Comment There was no public comment. III. Legislative Update The committee discussed and made a Support recommendation on SB 530 (Wright). This measure would enact a tax on direct broadcast satellite television service providers, the Satellite Video Fund for Public Safety Tax, at the rate of 6% of gross revenues, as defined, until January 1, 2020. Revenues would be deposited in General Fund and transferred to the Local Safety and Protection Account which would be reestablished as of July 1, 2011 to receive and continuously appropriate these funds. The Committee's discussion on the bill recognized that this legislation needed more work, but had potential to generate revenue benefitting cities. They also recognized that the author had been the strongest legislative Democrat opposing the Governor's proposal to take redevelopment funds. If the State taxed satellite television service providers, as it is allowed to do under federal law, and distributed the proceeds to local public safety programs, then it appears consistent with some League policies. Supporting such a measure could also have collateral benefits of creating more equity among competitors in the rapidly changing video telecommunications marketplace. League support, however should be conditioned upon: 1. The full engagement of public safety organizations in the support of such a bill and agreement in the allocation methodology will be critical to the passage of legislation. 2. The retention of a "kill switch" mechanism and other protections against a future effort by the state to divert these revenues for another purpose. 3. The development of an allocation methodology should also reflect the geographic distribution of households using satellite television service and provide maximum flexibility for local agencies to use these funds to support and augment local public safety needs. FV. Pensions Dwight Stenbakken, League Deputy Director, opened the discussion on pensions by providing a brief overview of the Governor's and Legislators' efforts in managing the spiking of pensions. Their efforts are significant, but also controversial. Rod Gould, City Manager of Santa Monica, presented to the committee the City Managers Department Pension Paper and discussed the problems and causes surrounding the issue. The Pension Reform Action Plan, introduced to the committee, included plans for negotiations and provided suggestions for additional pension reform ideas that can potentially help establish a sustainable and secure public pension system. The Committee recommended that the Board endorse the report with the stipulation that the board may consider substituting a 70% cap on pensions for a dollar cap, adjusted for cost -of -living, and consider adding an option for a pure defined contribution plan inside or outside of the California Public Employees' Retirement System (CalPERS). ".4 176 V. Marijuana Regulation Working Group Staff provided a brief overview from the Marijuana Regulation Working Group that met from mid - May to early June to provide comment and analysis on current legislation from a wide spectrum of policy perspectives, including public safety, land use, taxation, and employee/employer rights. In addition to recommending specific positions on various bills (many of which failed legislative deadlines so no actionwastaken),-theworking group developed three poticyguidelines..—Ibese will - be considered in January when the "Existing Policy and Guiding Principles" summary booklet will be reviewed by the policy committees. More information and background materials are available at: www.cacities.orp_/mariivanareizulation. Vl. Federal Update This was provided in the Special Order of Business: State Budget and Redevelopment update. Next Meeting: Annual Conference, September 21, 11:00 a.m. —12:30 p.m. Moscone West Convention Center, San Francisco a 177 Yage 1 of 3 Subj: Fwd: On the Move: COMMISSION APPROVES TRANSIT FUNDING FOR FISCAL YEAR 2011/12 Date: 7/30/2011 2:17,36 P.M. Pacific Daylight Time From: Terrvl Hendersonaaol.com To: richardiandt(a)aol.com I need this printed Terry Henderson From: dove@rctc.org To: terry1henderson@aol.com Sent: 7/29/2011 12:40:46 P.M. Pacific Daylight Time Subj: On the Move: COMMISSION APPROVES TRANSIT FUNDING FOR FISCAL YEAR 2011/12 Latest News from the Riverside County Transportation Commission Current News July 2011 COMMISSION APPROVES TRANSIT FUNDING FOR FISCAL YEAR 2011/12 As the regional transportation planning agency, the Commission is responsible for planning transit services, allocation of transit funds, operator oversight, and performance monitoring. In June, the Commission approved the Short Range Transit Plans (SRTP) for public bus and commuter rail service providers. The SRTPs identify operating and capital budgets as well as funding sources, and serve as blueprints for the future development of transit services, operations, and infrastructure. Based on the approved SRTPs, the Commission approved approximately $179 million in funding to cover the operating and capital costs for seven public bus operators and Metrolink commuter rail services for FY 2011/12. Overall transit ridership is projected to be 16 million, which is approximately 2% higher than the current year ridership. PERRIS VALLEY LINE FINAL ENVIRONMENTAL IMPACT REPORT The Commission approved and certified the Environmental 0 X Y A a c News Bites STATE ROUTE 91 IMPLEMENTATION PLAN UPDATE FOR 2011 Annually, the Orange County Transportation Authority, in consultation with Caltrans and RCTC, updates the SR-91 Implementation Plan. This year's update includes projects identified in the Riverside -Orange County Major Investment Study as well as other project development efforts and funding programs including the Commission's 10-year Western County Highway Delivery Plan that outlines a number of projects including the extension of high occupancy toll lanes from the Orange/Riverside County Line to 1-15. In addition, the plan details proposed projects and completion schedules for transportation improvements to Metrolink, express bus, freeways and interchanges, new east -west highway corridors, and Saturday, July 30, 2011 AOL: Richard Jandt •e.. 178 rage t or 3 Impact Report (EIR) for a 22-mile extension of the Metrolink system between Downtown Riverside and Perris. The vote to approve was a unanimous 27-0. The Perris Valley Line will extend the existing Metrolink 91 Line from Downtown Riverside to the city of Perris. The new line will travel along existing rail tracks located primarily next to the 215 freeway. The effort adds new train stops in the Hunter Park area of Riverside, March Air Reserve Base, Downtown Perris and South Perris near State Route 74. Along with the stations, RCTC is working closely with the Riverside Transit Agency to coordinate connecting bus service to the trains. The $237 million project is expected to begin construction early next year and open in 2013. The project has garnered an initial award of $75 million from the Federal Transit Administration with the remainder to be financed through voter -approved Measure A dollars and state funds. The goal of developing Metrolink service to Perris was outlined in the Measure A expenditure plans approved by voters in 1988 and in 2002. Riverside County was the first county transportation agency in Southern California to dedicate a portion of its half -cent sales tax program starting in 1988 and voters reaffirmed an extension of the program in 2002 that specifically indentifies the Perris Valley Line. Community support for the project has been critical and one part of the Commission's action was to approve a memorandum of understanding with the Riverside Unified School District, which addresses a number of safety, landscaping, and coordination issues at two nearby elementary schools. TRANSPORTATION IN THE NEWS high-speed rail. To access the 2011 Implementation Plan, click here. UPCOMING COMMISSION MEETING The Commission will hold its next regularly scheduled meeting on Wednesday, September 14, 2011, at 9:30 a.m. at the Riverside County Administrative Center, Board of Supervisors' Meeting Room, 4080 Lemon Street, Riverside, California. SPEAKERS BUREAU The Commission also maintains a speakers bureau that actively makes presentations throughout the county on transportation issues. If you are interested in scheduling a presentation for your service club or community organization, please contact Eliza Echevarria at (951) 787-7141 or eechevarria@rctc.org. FOLLOW RCTC ON TWITTER In an effort to enhance public outreach, the Commission created a twitter account — an internet messaging site that allows anyone to post information on a real time basis. If you use Twitter, you can follow the Commission at twitter.com/RCTC. Interested in what's happening with traffic in the Inland Empire? IE511 is your best source for getting around Southern California. Real-time traffic for Southern California, including travel times, freeway cameras, and incident information. IE511 also offers bus and rail transit information as well as rideshare for those seeking an aftemative to automobile travel. Connect on the go. Call 511 within the Inland Empire or rely on IE511 wherever you go by calling 1-877-MYIE511. Perris Valley Metrolink Approval Inland: Hwy. 91 Toll Lane Project not Funded (Inland News Today, 7/25/2011) (Press Enterprise, 7/7/2011) Perris Valley Train on the Fast Track 'Subway to the Sea' Gets Infusion of Federal (Press Release, 7/2512011) Cash, Inland Empire Not so Much Inland Area Suffers Recent Setbacks at State, (Southern California Public Radio, 7/6/2011) Federal Levels 91 Project Moves Forward in Spite of TIFIA Saturday, July 30, 2011 AOL: Richard Jandt "N 179 REPORT/INFORMATIONAL ITEM: (8 INVESTMENT ADVISORY BOARD MEETING June 8, 2011 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:00 p.m. by Chairman Park followed by the Pledge of Allegiance. PRESENT: Board Members Mortenson (via conference call) Blum, Park and Spirtos ABSENT: None OTHERS PRESENT: John Falconer, Finance Director, Tom Genovese, City Manager, Kathy Jenson, City Attorney and Vianka Orrantia, Senior Secretary II PUBLIC COMMENT III CONFIRMATION OF AGENDA — Confirmed IV CONSENT CALENDAR A. Approval of Minutes of Meeting of May 11, 2011 for the Investment Advisory Board. MOTION - It was moved by Board Members Blum/Mortenson to approve the Minutes of May 11, 2011. Motion carried unanimously. V. BUSINESS SESSION A. Transmittal of Treasury Report for. April 2011 Mr. Falconer presented and reviewed the staff report for the month of March advising the Board that the cash balance decreased by $3.13 million from the previous month ending the month at $154 million. The decrease was a result of several capital expenditures: $213,000 for the La Quinta Sports complex and $200,000 for the widening of the bridge at Avenue 50 at the All American Canal (payment was made to the City of Indio, the lead agency for the project), in addition $1.7 million was paid towards the Riverside County Sheriff's contract " 180 and as part of the City's economic development plan, $893,000 was paid toward the new Garff Motors dealership. Mr. Falconer also advised that the average maturity decreased by 26 days ending the month at 192 days, (six-month average maturity), in addition the yield increased by 3 basis points to .48 with the pooled cash yield at .59%. Mr. Falconer further advised that he is currently investing in commercial paper due to decrease in yields and the uncertainty of the RDA's future. Mr. Falconer advised the Board that the LAIF RDA balance has been reduced to a zero balance and will remain until the Governor's budget proposal has been finalized. In response to Board Member Blum, City Attorney Kathy Jenson, advised that the determination of the Redevelopment Agencies is scheduled to be voted upon on Wednesday, July 6, 2011. General discussion ensued amongst the Board and staff regarding the Redevelopment Agencies and the City's decision to reduce the RDA LAIF account to zero. In response to Board Member Mortenson, Mr. Falconer summarized for the Board the agreement between the City and Garff Motors. In addition, Ms. Jenson clarified that an operating covenant was made with Gaff Motors and the money received by Garff Motors was funded through a grant. Board Member Spirtos requested that the following correction be made to page 3, first paragraph third sentence: In addition, $1.7 million was spent ferwaFd the Riverside County I ... I General discussion ensued amongst the Board and staff regarding the City's agreement with Garff Motors. MOTION — It was moved by Board Members Spirtos/Mortenson to review, receive, and file the Treasurers Report for April 2011. Motion carried unanimously. E 181 B. CONSIDERATION OF THE FISCAL YEAR 2011 /2012 WORK PLAN AND CONSIDERATION OF THE FISCAL YEAR 2011 /2012 INVESTMENT POLICY Mr. Falconer presented the final redlined version of the Fiscal Year 201 1 /2012 Investment Policy with minor changes, a draft staff report in addition to the Executive Summary. with staff's recommendations which included the following: PAGE EXECUTIVE SUMMARY 8, 9, 18, 24 Interest bearing active bank deposits investments with RaboBank N.A. The State Code has no maximum percentage limitation; the City policy maximum percentage is more restrictive at 60% or $40,000,000 whichever is less. In response to Board Member Mortenson, Mr. Falconer advised that he would follow-up with the City's broker/dealer to reconfirm the Cusip numbers in question with RaboBank. In response to Board Member Mortenson, Mr. Falconer clarified that the Investment Policy does now allow the purchase of City's bonds, which are referenced on pages 12 & 13; this change was made mid- year to the Fiscal Year 2010/2011 Investment Policy. Board Mortenson advised that on page 6, under item V. Maximum Maturity, third paragraph second sentence should be corrected due to the fact that U.S. Treasury Bills maximum maturity is one year. Mr. Falconer thanked the Board for their dedication to the City and their hard work in their review of the City's investments, the annual review of the investment policy and their diligence in making sure that policy follows the guidelines of the State and City codes. Ms. Jenson suggested the following change be made to page 7, Section VII Authority, last sentence should read: The City Manager or Wiffilmoom [ And page 23: Acknowledge Investment Selections - responsible parties should read: 3 The City Manager or his/her designee MOTION — It was moved by Board Members Blum/Mortenson to approve the Investment Policy for Fiscal Year 2011/12 as amended. Motion carried unanimously. VI. CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — May 2011 Mr. Falconer presented and reviewed the Month Cash Report for the month of May 2011. In response to Board Member Spirtos, Mr. Falconer advised that page 6 the Month End Report now includes information of the Eurodollar deposits. Noted and Filed B. Pooled Money Investment Board Reports — March 2011 Mr. Falconer advised that many State Agencies continue to participant in the pooled money investments with a large percentage, as reflected on page 2, invested in U.S. Treasuries. Noted and Filed VII. BOARD MEMBER ITEMS In response to Board Member Spirtos, Mr. Falconer advised that the Board's schedule for the upcoming fiscal year will be presented at the July meeting. Vill. ADJOURNMENT MOTION — It was moved by Board Members Blum/Spirtos to adjourn the meeting at 4:30 p.m. Motion carried unanimously. Senior Secretary 4 183 Department Report: (A' OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager�� DATE: August 2, 2011 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the July 19, 2011 City Council meeting: 1. Leo Knasiak, 78-515 Avenida Ultima, thanked City Council for their assistance with the La Quinta Resort making improvements and to Imperial Irrigation District for their cooperation on landscaping issues. Mr. Knasiak conveyed his concern with public nuisance declaration 11.72.030. He submitted a hand-out with photos to the City Clerk requesting clean-up of nine lots within his subdivision. Mayor Adolph and Council Member Henderson requested staff to provide them with an update in order for them to address Mr. Knasiak's comments. Mayor Adolph also stated someone would get back to him on the issue. u 184 DEPARTMENT REPORT: I I6 c { ~pwS N OF 11 TO: Honorable Mayor and Members of the Ci Council FROM: Greg Butler, Building & Safety Director DATE: August 2, 2011 RE: Update on Weed Abatement Policy Introduction At the July 19, 2011 City Council meeting, Mr. Leo Knasiak expressed concerns about weed abatement criteria and policies in and around his neighborhood. This report is provided as a review of those criteria and policies as they relate to vacant properties in the neighborhood lying north and east of the intersection of Washington Street and Calle Tampico, including at the southeast corner of Washington Street and Avenue 50. Background The La Quinta Municipal Code (LQMC) addresses the maintenance of vacant and developed lots. 11.72.020 declares that "no person shall create, maintain, or allow any nuisance as declared in this chapter to remain on any premises within the City." With respect to weeds and other plant materials, the Municipal Code declares the following to be public nuisances: 11.72.030(N): Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties. 11.72.030(R): Maintenance of grounds, landscape, shrubs, plants or vegetation visible from the public right-of-way which causes a substantial diminution in the enjoyment, use or value of adjacent properties. ,.J" 185 11.72.030(T)(7): Any tree, shrubbery or plant growing onto or over the public right-of-way which impairs pedestrian or vehicular traffic or prevents drivers from clearly observing safety signs and signals. 1 1 .72.030(T)(8): Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard. Some elements of these provisions are clear upon casual observations; others are subject to the personal taste of the observer. For example, determining that a tree, shrub, or plant is "growing onto or over the public right-of-way" is straightforward. However, the Municipal Code does not specifically define an impairment of pedestrian or vehicular traffic, "out of harmony or conformity," "overgrown vegetation," or "unsightly appearance." Nor does the Code define what constitutes "a substantial diminution in the enjoyment, use or value of adjacent properties." Applying these elements requires some degree of discretionary judgment. The 2010 California Fire Code also provides authority for weed abatement. Section 304.1.2 requires owners to "Maintain around and adjacent to such building or structure a firebreak made by removing and clearing away, for a distance of not less than 30 feet on each side thereof or to the property line, whichever is greater, all flammable vegetation or other combustible growth." Historic Application City staff strives to apply the judgment required in a fair and even-handed manner, considering the need to draw the same conclusion at any location in the City, given the same physical conditions. By their nature, vacant properties are out of harmony and do not conform to the maintenance standards expected of developed properties. Most vacant properties are ungraded and exhibit natural soils, rock, and vegetation. The vegetation is generally sparse and its growth is dependent upon water available from rain. However, irrigation runoff from adjacent developed lots sometimes increases the growth rate of vegetation near property lines. In any case, the standards of LQMC 11.72.030(N) and 11 .72.030(R) have not been applied to vacant lots in their natural state. In the interest of consistency, doing so would necessitate applying those standards to other open spaces within the City, including the Fred Wolff Bear Creek Nature Preserve, the Bear Creek Trail, and the Cove Oasis (Top of the Cove). If those standards were applied to all vacant land, the required actions would far exceed the resources available to the City. These provisions are typically applied to developed lots in proximity to other developed lots. For example, abatement procedures would be initiated at a foreclosed home with a dead lawn among a block of well -maintained lawns. '••p 186 Abatement of living vegetation on vacant lots would unnecessarily create dust control (PM-10) issues, both by disturbing the soil with the abatement activity and by removing root structure that helps hold soil in place and plant crown that helps capture and settle airborne dust. For these reasons, vegetation on vacant lots is left in place unless in violation of other Municipal Code provisions. Those other provisions include LQMC 11.72.030(T)(7) and 11.72.030(T)(8). When staff observes, or is informed by a resident, that vegetation in a particular location may be problematic in the right-of-way, an evaluation is made and the abatement process is initiated if the condition is judged to impair movement or visibility of pedestrians or vehicular traffic. Similarly, dead or hazardous vegetation (e.g., broken tree branches) are treated as public nuisances and abatement is initiated. Dead, dry vegetation is also a public nuisance and is routinely abated as a fire hazard and flammable vegetation under the authority of LQMC 11.72.030(T)(8) and the 2010 California Fire Code, Section 304.1.2, respectively, as noted above. Examples of this type of abatement action include the recent clearing of brush along the Fred Wolff Bear Creek Nature Preserve behind homes at the south end of Avenida Madero and the current clearing activity at Tract 30138 (Diamante development), on the north side of Avenue 52, one-half mile east of Jefferson Street. Actions in Response to Mr. Knasiak's Public Comments During the July 19, 2011 City Council meeting, Mr. Knasiak expressed concern over nine (9) vacant lots in need of abatement in his neighborhood. Although he did not specify which lots in particular were of concern, he distributed to City Council a packet of materials that included: • Copies of the relevant Municipal Code sections; • A copy of a completed Code Violation form available on the Code Compliance Division's portion of the City's Website; and • Eight (8) photographs. of lots with which he was concerned. The Code Violation form did not identify any specific lots in potential violation. Rather, it noted "all of the vacant Lots North of Tampico & E. Washington." The photographs depicted the following four (4) separate locations: 1. The southwest corner of Avenida Ultimo and Calle Rondo. 2. The northeast corner of Calle Tampico and Calle Paloma. 3. The northwest corner of Calle Tampico and Calle Paloma. 4. The south side of Avenue 50, east of Washington Street. ,.� 187 On July 26, 2011, Code Compliance staff performed field inspections of the lots noted above and determined that the vacant lot at the southwest corner of Avenida Ultimo and Calle Rondo met the criteria for abatement due to a tree impairing pedestrian and driver visibility, as well as dry brush. An abatement case was initiated on that lot. The other locations listed did not meet the criteria and cases were not initiated. Additionally, staff surveyed the entire neighborhood bounded by Washington Street on the west, Calle Rondo on the east, Avenida Ultimo on the north, and Avenida Nuestra on the south, which includes the area south of Calle Tampico. As a result of the neighborhood survey, staff either verified existing abatement cases or initiated abatement cases at the following properties: 1. Vacant lot south of 50630 Calle Guaymas: Dumped landscape debris and dry brush. 2. Right-of-way south of 50625 Calle Guaymas: Dry brush in right-of- way. 3. 50995 Calle Quito: Tree branches block sidewalk. 4. Vacant lot east of 78730 Avenida La Jarita: Dry brush. 5. Vacant lot east of 78725 Avenida La Jarita: Dry brush. 6. Vacant lot west of 78685 Avenida La Jarita: Dry brush and debris. In addition to City -initiated cases, staff investigates complaints initiated by citizens. The ongoing assistance of citizens is important in identifying specific properties in need of attention. Staff will continue to apply the above criteria to abate public nuisances created by weeds. Mr. Knasiak has been provided with a copy of this report. -'A 188 DEPARTMENT REPORT: J I TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director — Greg Butler, Building & Safety Director �l DATE: August 2, 2011 RE: Update on Sahara Mustard Background Sahara Mustard (Brassica tournefortiil first appeared in the Coachella Valley in the 1920's. It became a management concern by the 1980's. In August 2005, Caltrans and the Federal Highway Administration sponsored a multi- state meeting in Barstow, California to discuss the Sahara Mustard invasion and plan control strategies. Caltrans and the Federal Highway Administration are leading the control efforts because roadsides are the primary pathway of spread of the Sahara Mustard. From the roadsides, the mustard plant can spread up to one mile into the open desert within seven years. The potential impacts of Sahara Mustard include competing with and reducing native plant productivity, affecting wildlife by altering the availability of forage plants and creating fuel for the spread of wildfires. Control methods must focus on the seed bank. Since birds and wind are the primary dispersal vectors, the seed banks must be controlled before birds can ingest them or the wind can disperse them by breaking the plant off at the base and tumble across the landscape. Tumble weeds disperse their seeds in the same manner. Potential control measures include: Pre -emergent Control — Not recommended because it will also affect native wildflowers. Post -Emergent Control — Selective and non -selective herbicide may be used in dense growth areas. However, if the flowers and seeds have " 189 developed, physical removal will be necessary to prevent further dispersal of the seeds. Physical Removal - This is the most cost effective control measure. When the plant is picked early in its development (before the growth of the vertical stems) the removed plant can be left on the ground. Once the plant has matured and vertical stems have developed flowers and/or seeds, the removed plant will need to be disposed of so there will be no further spreading of the seeds. Action by the Community Services Department During the November 8, 2010 Community Services Commission Meeting, La Quinta resident Kay Wolff introduced the subject of Sahara Mustard and its' impacts to the Coachella Valley. Staff was asked to research the Mustard plant and report to the Community Services Commission about the impacts of the weed and possible measures for La Quinta residents to reduce the impacts on our environment. During the December 13, 2010 Community Services Commission, staff presented a report of findings to the Commission. Staff recommended physically removing the weed during its early stages. As the mustard plant matures and develops stems vertically, its appearance will be similar to an oblong tumble weed with small yellow flowers. The weed will begin germinating sometime between February and April depending upon the rainy season. Staff suggested target areas for residents to participate in the control of Sahara Mustard to include the Fred Wolff Bear Creek Nature Preserve, the Bear Creek Trail, and the Cove Oasis (Top of the Cove). Residents would be educated about this weed through flyers placed in these locations, City Hall, and through the City and Cove Neighborhood Association (CNA) websites. On January 5, 2011, staff received approval from the Morongo Basin Conservation Association (MBCA) to use a flyer they had produced that provides information about Sahara Mustard and recommends its removal. The flyer is titled "Pull Me." The flyer was rewritten with the City of La Quinta Logo but still acknowledges the document originally being produced by the MBCA (Attachment 1). In February 2011, one thousand flyers were printed. Staff and volunteers from the CNA began distributing the flyers. The flyer was also posted on the City Website as well as made available in flyer boxes that were installed along the Fred Wolff Bear Creek Nature Preserve and the Bear Creek Trail. p 190 The Community Services and Public Works staff met with the SilverRock Golf Course Management and Landscape Contractors to review the mustard flyer and gave direction to make all reasonable efforts to remove the weed at SilverRock Golf Course, in medians, and at City parks. On March 5, 2011, a group of homeowners from the La Quinta Cove established a neighborhood "Mustard Patrol" and conducted their first event to remove the weeds. Staff provided the group with trash bags, flyers, and trash bag pick-up. While the group hiked throughout the Cove removing Sahara Mustard weeds, they also passed out flyers to residents asking for their help. Several "Mustard Patrols" were conducted throughout March and April 2011. On April 30, 2011, a volunteer church group not associated with the "Mustard Patrol" cleared Mustard weeds around the Yucatan community of the Cove. Action by Code Enforcement On April 1, 2010, La Quinta Code Compliance began inserting the Sahara Mustard flyer with all Notice of Public Nuisances mailed to vacant lot owners. These notices instruct the person owning, leasing, controlling, operating, or maintaining the property to clean their lots of all fire hazard brush, vegetation, and debris. The Sahara Mustard flyer provides instruction on how to handle the weed by hand pulling it and properly disposing it in a tied -off plastic trash bag. The CNA forwarded a list of approximately twelve (12) vacant lots where Sahara Mustard was visibly present. The lots were inspected and found to be a fire hazard that was later abated. On April 27,.2011, Code Enforcement and Community Services staff met with Mr. Daniel Q. Callister, a member of the CNA. He discussed efforts that the CNA was making with approximately 50-75 volunteers. These volunteers were hand -pulling Sahara Mustard at various locations throughout the City. Mr. Callister inquired about potential Code Enforcement action directly related to Sahara Mustard. Staff explained that the City does not have an ordinance that specifically prohibits a particular species of plant; however there are landscape maintenance codes that enable Code Enforcement to address residential properties where the landscaping is kept in a poorly maintained condition. La Quinta Municipal Code 9.60.240(E)(3) notes that "All landscaping shall be maintained in a neat, clean, and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and regular watering. Permanent automatic irrigation facilities shall be provided for all landscaped areas." Additionally, La Quinta Municipal Code 9.50.090(A)(12) states that "The landscaping shall be continuously maintained in a healthy and viable condition." For the properties that are in violation of these two Municipal Codes, Code Enforcement requires the property owner and/or tenant to remove the weeds on the property which includes Sahara Mustard. With respect to abatement of vacant lots, La Quinta Municipal Code 11.72.030(T)(8) provides that allowing "Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard" to exist on a lot constitutes a public nuisance. This code enables Code Enforcement to address vacant lots that have dense dry vegetation (including Sahara Mustard) and/or unsightly debris. As a majority of the vacant lots in the Residential Cove District are only fifty (50) feet wide by One Hundred (100) feet long, their limited size enables Code Enforcement to remove all dense dry brush on the entire vacant lot. For larger multi -acre sites, inspections were conducted at the northwest corner of Jefferson Street and Avenue 50 and various other multi -acre sites on the Highway 111 corridor. The 2010 California Fire Code, Section 304.1.2 requires owners to "Maintain around and adjacent to such building or structure a firebreak made by removing and clearing away, for a distance of not less than 30 feet on each side thereof or to the property line, whichever is greater, all flammable vegetation or other combustible growth." Inspections revealed these larger multi -acre lots did not have dense dry brush within thirty (30) feet of a structure therefore they did not qualify as a fire hazard. Wind can cause reduced visibility from a dust event on a completely denuded parcel. Consequently, public safety is carefully weighed when considering the extent of abatement on a multi -acre site immediately adjacent to a heavily traveled street. The greater public safety is given priority. Staff contacted the surrounding cities that provide their own weed abatement and found that none of them were aware of Sahara Mustard concern and therefore did not have any program for education or eradication. The City does not have a Municipal Code section addressing the eradication of any specific plant species, including Sahara Mustard. Therefore, unless there is a violation of some other Ordinance, staff does not have the authority to enter private property and have it removed. 192 Communication with Coachella Valley Association of Governments (CVAG) Staff contacted Katie Barrows, Director of Environmental Resources, with CVAG to discuss what was being done at a regional level. Ms. Barrows indicated that discussions have occurred at the Coachella Valley Conservation Commission in regard to increasing awareness of the mustard plant and the importance of pulling the plant with a special effort on specific locations within the conservation areas. As a La Quinta resident, Ms. Barrows suggested meeting with the Cove Neighborhood Association to determine the areas that should be focused on such as the Top of the Cove and the Fred Wolff Bear Creek Nature Preserve and continue to work with volunteers to pull the plants prior to them going to seed. Ms. Barrows also indicated that she would recommend volunteer groups willing to pull the mustard plants in the conservation areas identified and would work with City staff to increase volunteer efforts for this purpose. Attachment: 1. Flyer " 193 LA QUINTA RESIDENTS Have you seen this weed? Sahara Mustard Sahara mustard is an extremely invasive weed that is threatening our beautiful desert. Those spring wildflower displays that we all enjoy so much may become history if this exotic weed is allowed to continue its spread. Our native annual flowers cannot survive the onslaught of this aggressive competitor. Sahara mustard facts. • First appeared in North America in the Coachella Valley in 1920 • Absent from most wild land areas until 2005 • Invades the desert along roadways and washes and wherever humans travel, unwittingly carrying its seeds • Sprouts early to grab soil moisture and nutrients before native annuals germinate • Grows fast, blocking sunlight needed by native wildflowers • Produces 750 to 9,000 seeds per mature plant • Increases fire hazard due to the dried stems remaining upright for many months How you can help eradicate Sahara mustard.• • Walk your property often looking for seedlings and mature plants (especially check near your road) • Involve children in the search — they have a keen eye, it's a good science lesson, and after all, it's their inheritance we're talking about • Hand pull seedlings, root and all • Pull larger plants using gloves (the leaves are very irritating) and using garden tools to ensure you've pulled the complete root • Dispose of all plant material in a tied -off plastic trash bag — important because even a flower from a plant can take root and start again • Enjoy your time in the outdoors, knowing that for each weed you pulled you've saved yourself from having to pull 1000s of weeds next year ATTACHMENT 1 Removing Sahara mustard (Brassica tournefortii) and preventing its spread in the Coachella Valley is a long range project requiring the assistance of La Quinta residents. We are asking for your participation in removing it from our "open areas" such as the Cove Oasis, Bear Creek Trail, and the Fred Wolff Bear Creek Nature Preserve as well. ".11. 194 This information was reproduced from a document originally provided by the Morongo Basin Conservation Associeffor -J Ikeeprl- 574- otlwt/ i l Veronica Montecino From: Edie Hylton Sent: Monday, August 01, 2011 7:58 AM To: Veronica Montecino Cc: Greg Butler; Steve Howlett; Deby Conrad Subject: FW: Mustard Plant Can we provide this to the City Council at tomorrow meeting to go with the report on the Mustard Plant. -----Original Message ----- From: Katie Barrows imailto:kbarrows@cvag.org] Sent: Monday, August 01, 2011 6:25 AM To: Edie Hylton Subject: FW: Mustard Plant Hi Edie, The efforts of the City of La Quint in support of eradication of the Sahara mustard (Brassica tournefortii) are greatly appreciated. Sahara mustard is a very invasive weed that has taken over much of the sand dune habitats in the Coachella Valley and throughout the deserts of California and beyond. Sahara mustard outcompetes our native annual wildflowers and in some areas has replaced beautiful spring displays of pink sand verbena and other desert wildflowers with fields of mustard. As you and I discussed, there is a limited amount of Sahara mustard in areas of La Quinta where hand removal could result in controlling its invasion effectively. The work done by the La Quinta Cove Association volunteers to pull mustard around the La Quinta Cove, in the Fred Wolff Bear Creek Nature Preserve, and other areas has been impressive and will help control the invasion of mustard in these areas. There is not really a valley -wide effort to eradicate Sahara mustard although there are various groups of volunteers working on this problem. The Santa Rosa and San Jacinto Mountains National Monument has a group of weed warriors that work on removal of various non-native invasive plants including tamarisk and Sahara mustard. Last season they reported removing 6,755 plants (not sure how many bags that is). Volunteers carry out hand removal of Sahara mustard in sand dunes areas of the Coachella Valley Preserve in Thousand Palms annually. As you know, there is a very strong effort to control Sahara mustard in the Borrego Springs area associated with Anza Borrego State Park volunteers and the Chamber of Commerce. I am not aware of efforts by other cities in the Coachella Valley to control Sahara mustard. The mustard flyer prepared by the City of La Quinta is excellent. The help provided for the hand removal efforts by the Cove Neighborhood Association volunteers is great and the leadership by La Quinta on this issue provides a great model for other cities. Through the Coachella Valley Multiple Species Habitat Conservation Plan, the Coachella Valley Conservation Commission is currently funding a study by UC Riverside Center for Conservation Biology to test methods of controlling Sahara mustard. This includes a comparison of hand removal with early application of herbicides to test effectiveness of controlling Sahara mustard. If a successful method can be identified, it is likely to be used on targeted areas of sand dune habitat where mustard is impacting the endangered Coachella Valley milkvetch plant and other species covered by the CVMSHCP. So far results are encouraging but we don't anticipate the completion of the study and final results for another year. As you and I discussed, I think it would be beneficial if we could plan a meeting to discuss the strategy for controlling Sahara mustard in La Quinta with the Cove Neighborhood Association and others concerned about the mustard invasion. I would be happy to be available for this meeting. pr 195 Let me know if you need any more information and how I can help. I'll be on vacation from Aug. 4 through 16 so a meeting later this month would work best. I apologize for the delay in getting back to you on this. thanks Katie p. 196 Department Report: �T �F.C— Zs.� 9ti5 `yOFT414' TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Dire cto(0 DATE: August 2, 2011 SUBJECT: Department Report - General Plan Monthly Update Work continues on finishing up the remaining elements and special studies for the General Plan update. The Economic Development element is currently being reviewed and edited by Planning staff, which should be followed by the Land Use element. Following their review last month, staff requested the consulting team make additional revisions and refinements to the Greenhouse Gas and Reduction Plan, which are currently underway. Also in July, the Technical Advisory Committee (TAC) completed their review and comment on the Environmental Hazards chapter of the General Plan, containing Noise, Soils and Geology, Flooding and Hydrology, and Hazardous Materials. The final remaining chapters consisting of Traffic and Circulation, Sustainability, Economic Development, and Land Use, should be made available for review and comment by the TAC later this month. p, 197 a •� ','fir` . r. �t COUNCIL/RDA MEETING DATE: August 2, 2011 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions 1) Certifying a Negative Declaration of Environmental Impact; and, 2) Approving a General Plan Amendment for the La Quinta Housing Element Update. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: / Adopt a Resolution of the City Council certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2008-599. Adopt a Resolution of the City Council approving General Plan Amendment 2008- 1 18, for the La Quinta Housing Element Update. FISCAL IMPLICATIONS: None at this time. Housing Element Programs as proposed may impact Redevelopment Agency funds as projects are assessed and developed, but those impacts are unknown due to the current State budget situation and future project details. BACKGROUND AND OVERVIEW: In June 2007, the City initiated an update to the Housing Element of the General Plan, which was last updated in November 2004. During this round of revisions, the updated Housing Element was initially submitted to the State Housing and Community Development Department (HCD) in May 2009. Subsequent to the two state -mandated 60-day review periods, several approaches and revisions were discussed with HCD to address its staff's concerns with the proposed land inventory and density provisions of the draft Housing Element. Ultimately, HCD accepted the City's Draft Housing Element as being in compliance with HCD requirements on May 10, 2011 (Attachment 1). Staff provided the City Council with copies of the Draft Housing Element on July 19, 2011. The Housing Element is one of seven State -mandated elements required to make up a city's General Plan, and one of nine elements contained in the La Quinta General Plan. Every city and county in California is required by State law to periodically update its Housing Element. Additionally, the law requires the Housing Element be reviewed and certified by HCD. The Housing Element is the only Element of the City's General Plan that must be certified by the State. Typically, housing elements are processed independent of a General Plan update, as they are subject to a State - mandated planning period and require State review and certification. La Quinta's Regional Housing Needs Assessment ("RHNA") Allocation Every city in California is assigned a "fair share" number of new housing units for various income levels that it needs to try to accommodate. This "fair share" number is called the Regional Housing Needs Assessment (RHNA) allocation. The California Department of Finance first determines a State-wide growth number and then assigns a proportion of the State-wide number to each regional planning agency, which for La Quinta, is the Southern California Association of Governments (SCAG). SCAG then allocates a proportional share to each jurisdiction within the SCAG region. The City of La Quinta received a RHNA allocation of 4,327 total units for the planning period that extends from January 1, 2006 through June 30, 2014 (Attachment 2). This RHNA allocation represents a significant increase from the previous RHNA allocation for the 1998-2005 planning period, for which SCAG identified a 913 unit future housing need for La Quinta. The increase is attributable to inflated housing construction figures generated by the tremendous growth experienced by La Quinta and the Coachella Valley during the prior period. Community Outreach For this planning period, the City conducted a broad community outreach effort. As part of the City of La Quinta's Housing Element update process, a Housing Community Forum was held in July of 2008, with about 35 to 40 persons in attendance. The Forum was well advertised, including the placement of inserts into the La Quinta Sun, announcements on Spanish and English radio, brief articles in The Desert Sun, Public Record and the City newsletter, La. Quinta City Report. It was also posted on the websites of the Chamber of Commerce and the La Quinta Cove p 199 Association, which represents approximately 3,500 households in the approximately two -square mile La Quinta Cove. Several housing and community service organizations were contacted and participated in the Forum as well. AVAILABLE RESOURCES AND CONSTRAINTS California housing law allows cities to obtain credit toward RHNA housing goals in three ways: constructed and approved units, vacant and underutilized land, and through preservation of existing affordable housing. Within the RHNA, 2,585 units of the 4,327 total must be affordable to lower and moderate income households. Under State law, any lower and moderate income units constructed or approved between January 2006 and September 2007 can be credited toward the respective RHNA category. Combined, these constructed and approved units, and pending projects, will contribute 576 lower income and 569 moderate income housing units toward the 2,585 lower and moderate RHNA allocation Therefore, the City must identify available land to accommodate the balance of 1,440 lower and moderate income households (1,213 lower and 227 moderate) within the current planning period. Land Resources State housing law requires that a Housing Element contain a land inventory identifying available sites within the City that can accommodate the remaining unmet RHNA allocation. Vacant and underutilized lands need to be currently zoned for residential development or identified for rezoning to allow for residential uses. Underutilized land is defined as developed residential sites that are capable of being recycled at a higher density, or sites zoned for nonresidential use that can be rezoned, if necessary, and redeveloped for residential use. Based on discussions conducted with HCD over the past 18 months, staff has modified the inventory to .meet HCD expectations for potential capacity requirements. The Housing Element currently identifies 147 vacant acres with a total expected yield, at a realistic capacity established based on existing development trends, of 1,500 units. The underutilized land inventory identifies 207 acres of underutilized land that could accommodate new housing during the planning period, with an expected yield from these sites of 2,112 units. Based on vacant and underutilized sites being developed at assigned densities, along with other proposed programs such as guest house provisions, the total projected lower and moderate income capacity of 3,240 units can absorb the remaining 1,440 unit RHNA allocation (Attachment 3). In order to achieve the necessary capacity, certain existing land resources need to be rezoned. Rezoning can mean an actual change to the parcel's zoning district, or M 200 a revision to the zoning district development standard(s) which would affect certain identified sites. This would also include corresponding changes to General Plan land use. Of the identified sites, one vacant site and 4 underutilized sites are proposed for specific changes to their zoning district, and several sites will be designated with an Affordable Housing Overlay (Attachment 4). In addition, the draft Housing Element proposes the following Programs: • An Affordable Housing Overlay (AHO) Program (Section 9.0, Program 1.5), which would permit higher densities at 20-24 units per acre, for projects with at least 25% of its units set aside for lower income households. This overlay would apply specifically to multiple sites, and could also be applied within the CR, CP, CC, CN and VC zoning districts. • The Housing Element also contains program language (Program 1.6) to study and formulate modified development standards in the commercial zoning districts, which would allow affordable housing developments to conform to more traditional high -density residential development standards. • Program 1.7 calls for an increase in maximum density for the High Density Residential category in the General Plan, from 16 to 24 units per acre. • Program 1.8 provides for a monitoring program intended to ensure adequate sites will be available if other sites do not develop at their projected densities, as called out in the inventory. These changes will be reviewed and undertaken in conjunction with the La Quinta General Plan Update process. Under state law, the City must rezone sites, generally within the first one to two years after adoption of the Housing Element, in order to ensure that there is a reasonable opportunity for development of these sites during the planning period. It should be noted that, as part of the General Plan update, there may be other sites identified for affordable housing opportunities. PUBLIC NOTICE AND REVIEW The City Council public hearing for the proposed Environmental Assessment and General Plan Amendment was advertised in The Desert Sun newspaper on July 22, 2011. The public hearing notice was published as a 1 /8 page legal advertisement. Public Agency Review On March 4, 2009 the City released a Public Review Draft of the Housing Element document to public agencies and stakeholder groups. The City also notified these . ; 201 same entities on May 11, 2009 that the final HCD review draft had been sent to HCD and was available on the City's website. The City received only one response on the Housing Element, from the Coachella Valley Housing Coalition, submitted by email on April 3, 2009. The comments were minor and the City responded to CVHC concerns in the aforementioned draft element submitted to HCD on May 1, 2009. As of this report's preparation, no other comments have been received on the proposed draft Housing Element; any comments submitted in the interim period shall be presented to the City Council and addressed at the public hearing. SB18 Review The Housing Element was subject to review by Native American Tribal organizations, under SB 18 requirements. One request for consultation was received from the 29 Palms Band of Mission Indians during the 90-day tribal consultation request period, but there was no follow-up from that organization. One "no comment" letter was also received from the Soboba Band of Luiseno Indians. CEQA Compliance Based on California Environmental Quality Act (CEQA) requirements, staff prepared Environmental Assessment (EA) 2008-599 for the draft Housing Element. A Notice of Intent to adopt a Negative Declaration was distributed to local and state agencies, and published in The Desert Sun on September 11, 2009, establishing a 30-day public review period under CEQA, ending October 12, 2009. No comments were received during the circulation of the proposed Negative Declaration. State Review of Housing Element The City submitted the first draft of the revised Housing Element on May 1, 2009 and responded to the State's comments with a second submittal on August 12, 2009. HCD responded to the City's second submittal in October 2009, and expressed several concerns regarding density assumptions. The City and its consultant held several conversations with HCD between November 2009 and December 2010, resulting in the current draft document being presented. Based on these revisions, HCD provided their May 10, 2011 letter acknowledging that the City has a draft Housing Element that will comply with state housing element requirements. These revisions, once adopted will be incorporated into a final draft element and sent to HCD for certification. "� 202 PLANNING COMMISSION ACTION On July 26, 2011, the Planning Commission, by a 4-0 vote (Vice Chairman Wilkinson absent) recommended certification of the Negative Declaration and approval of the General Plan Amendment for the Housing Element Update. Discussion focused on the following: • Implications for the next RHNA cycle, with regard to RDA, use of current data, and land inventory. • Frustration with the State review process and timelines Staff noted that it is anticipated that the next RHNA cycle, beginning in 2013, will likely produce an allocation lower than the 2007 RHNA currently in the Element, and that the events and data of the past few years will be reflected in that effort. FINDINGS AND ALTERNATIVES: Findings for certification of Environmental Assessment 2008-599 and approval of General Plan Amendment 2008-118 are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt City Council Resolution 201 1- certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2008-599; and, Adopt City Council Resolution 2011-_, approving General Plan Amendment 2008-1 18 for the La Quinta Housing Element Update; or 2. Do not adopt City Council Resolution 201 1-_, certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2008- 599; and, Do not adopt City Council Resolution 201 1-_, approving General Plan Amendment 2008-118 for the La Quinta Housing Element Update; or, 3. Provide Staff with alternative direction. Respectfully submitted, ` / �J Les Johnson, Planning Direc r '203 Approved for submission by: *11 �4� A� homas P. Genovese, City Manager Attachments: 1. HCD Review letter dated May 10, 2011 2. 2006 RHNA Allocations 3. Projected Housing Program Capacity toward meeting RHNA 4. Rezoning and Affordable Housing Overlay (AHO) Sites listing 204 RESOLUTION 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2008-118 CASE NO: ENVIRONMENTAL ASSESSMENT 2008-599 GENERAL PLAN AMENDMENT 2008-118 — HOUSING ELEMENT UPDATE APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta did, on the 2n' day of August, 2011, hold a duly noticed Public Hearing to consider the Planning Commission recommendation on Environmental Assessment 2008-599, prepared for the proposed General Plan Amendment for the La Quinta Housing Element Update (hereinafter, "Project"); and, WHEREAS, the Planning Commission of the City of La Quinta did, on the 261h day of July, 2011, hold a duly noticed Public Hearing to consider the proposed Project; and, WHEREAS, an Environmental Impact Report (SCH #20000991023) was previously prepared, adopted, and certified under City Council Resolution 2002-43, for the 2002 La Quinta General Plan as prescribed by the California Environmental Quality Act of 1970, and identifies various mitigation measures and further identifies certain impacts which cannot be so mitigated through a Statement of Overriding Considerations; and, WHEREAS, the City has prepared an Initial Study and Negative Declaration under Environmental Assessment 2008-599, in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 at. seq., (CEQA Guidelines); and, WHEREAS, the Planning Director has determined that said Project will not have a significant adverse impact on the environment due to the mitigation measures required in the General Plan E1R and incorporated herein by this reference and that a Negative Declaration of Environmental Impact should be filed; and, WHEREAS; the City mailed and published a Notice of Intent to adopt the Negative Declaration in compliance with Pubic Resources Code Section 21092 on the 11`h day of September, 2009 to the Riverside County Clerk; and WHEREAS, the City published a City Council Public Hearing Notice to adopt the Initial Study and Negative Declaration in The Desert Sun newspaper on July IA 205 Resolution 2011- Environmental Assessment 2D09-599 General Plan Housing Element Update August 2, 2011 Page 2 22, 2011, said notice also having been mailed to concerned agencies, and all public entities entitled to such notice; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to justify certification of said Environmental Assessment: 1. That the Negative Declaration has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The City Council has independently reviewed and considered the information contained in the Environmental Assessment, and finds that it adequately describes and addresses the environmental effects of the Project. Based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Project, the City Council finds that there are no significant environmental effects resulting from this Project. 2. The Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant impacts were identified by Environmental Assessment 2008-599. 3. The Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of, rare or endangered plants or animals or eliminate important examples of the major periods of California history, or prehistory. 4. There is no evidence before the City that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 5. The Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified under Environmental Assessment 2008-599. 6. The Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in 206 Resolution 2011- Environmental Assessment 2DOB-599 General Plan Housing Element Update August 2, 2011 Page 3 the immediate vicinity, as development patterns in the City will not be significantly affected by the Project. 7. The Project will not create environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 8. The City Council has fully considered the proposed Negative Declaration and any comments received thereon, and there is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 9. The City Council has considered Environmental Assessment 2008-599 and said assessment reflects the independent judgment of the City 10. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). 11. Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code §711.2., and a Finding of No Effect has been issued by the California Department of Fish and Game, pursuant to Fish and Game Code 711.4. 12. The location of the documents which constitute the record of proceedings upon which the Planning Commission decision is based upon, are located at the La Quinta City Hall Planning Department, 78495 Calle Tampico, La Quinta, California, 92253 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the.above recitations are true and correct, and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify a Negative Declaration of Environmental Impact for Environmental Assessment 2008-599 for the reasons set forth in this n 207 Resolution 2011- Environmental Assessment 2008-599 General Plan Housing Element Update August 2, 2011 Page 4 Resolution and as stated in the Initial Study, on file in the Planning Department and attached hereto (Exhibit A). PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2"d day of August, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO.FORM: M. KATHERINE JENSON, City Attorney DON ADOLPH, Mayor City of La Quinta, California n 208 EXHIBIT A NEGA"TIM DECLARATION AND wirmismoy FOIL 2M LA QUINTA HOUSING ELEMENT UPDATE PnP*vdfor.- CRY OF LA QUINTA Collect: Les Johnson Planning Director Pm?and byr THE PLANNING CENTER Contact: Elizabeth Kim Errvironmental Planner SEPTEMRER 20M CITY OF LA QUINTA NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION: 2008 LA QUINTA HOUSING ELEMENT UPDATE Proiect Title: 2008 La Quinta Housing Element Update Pr000nent City of La Quinta Prole Location: This Housing Element Update will apply City-wide, as an adopted element of the La Quinta General Plan. QuintaThe La Housing , Element is a state -mandated general plan element that establishes the City s vision for addressing existing and future housing needs, the 2008 Housing Element Update has been prepared to identify and address La Quinta's housing needs through 2014. As required by state law, the Housing Element describes community demographics, housing characteristics, the residential development potential of vacant'and underutilized sites, and potential constrains to housing. The Housing ElementIsnot a developmentplan and it is not an entitlement. Rather, it is a policy document that encourages the rehabilitation, preservation, and construction of housing in compliance with provisions of state housing law. No potentially significant effects on the environment are anticipated as a result of this project; therefore, a Negative Declaration has been prepared in accordance with the California Environmental QuatnyAct The Initial Study and all documents referenced therein, along with the draft Negative Declaration, are available for review at the City of La Quinta Planning Department, located at 78495 Calle Tampico, La Quints, GA 92253 on weekdays, from 8:00 am to &W pm, and on the Citys website at fhttp:Uw6w:la-guinta.o-Whdex.asnx?aaae=5411 The public is invited to comment on the draft Negative Declaration during the public review: period beginning on September 11, 2009 and ending on October 12, 2009. Please provide any comments to Wallace Nesbit, Principal, Planner, either by mail to the above addrass, by email at wnesbit@la-quinta.org, or by fax at 760-777-1233. The project area is NOT on a list of hazardous materials sites compiled pursuant to California Government Code Section 65962.6 Planning Commission Action: The La Quinta Planning Commission will consider the Negative Declaration at a public meeting tentatively scheduled for October 13, 2009, to be held at 7:00 p.m. in the City Council Chambers, located at 78495 Calle Tampico, La Quinta, CA 92253. City Council Action: The La Quinta City Council will consider the Negative Declaration at a public meeting tentatively scheduled for November 3, 2009, to be held at 7:00 p.m. in the City Council Chambers, located at 78495 Calle Tampico, La Quinta, CA 92253. These are tentative dates. Please call 760-777-7125 for confirmation of the dates prior to any planned meeting attendance, or with any other questions or concerns in regard to this notice. a 210 NEGATIVE DECLARATION Pursuant to the procedures of the City of La Quints. for the implementation of the California Environmental Quality Act, the City has completed an Initial Study for the project described below: Project Information Project: Project Location: Project Proponent: Project Description: summary of Impacts: Availability of Documents: City of La Quints. Housing Element Update City-wide, as an adopted element of the La Quinta General Plan. City of La Quinta 78-495 Calls Tampico La Quinta, CA 92253 The La Quinta Housing Element is a state -mandated general plan element that establishes the City s vision for addressing existing and future housing needs, the 2008 Housing Element Update has been prepared to identity and address La Quinta'S housing needs through 2014. As required by state law, the Housing Element describes community demographics, housing characteristics, the residential development potential of vacant and underutilized sites, and potential constrains to housing. The Housing Element is not a development plan and It is not an entitlement. Rather, it is a policy document that encourages the rehabilitation, preservation, and construction of housing in compliance with provisions of state housing law. Attached is the Initial Study prepared for the City of La Quinta Housing Element Update. The Initial Study reviews potential environmental effects associated with the proposed project Please review the Initial Study for more information. The Initial Study and all documents referenced therein, along with the draft Negative Declaration, are available for review at the City of La Quinta Planning Department, located at 78495 Calls Tampico, La Quima, CA 92253. ".4 211 DRAFT INITIAL STUDY FOR: 2008 LA QUINTA HOUSING ELEMENT UPDATE 00 Preparedfor.- CITY OF LA QUINTA 78495 Calls Tampico Contact La Quints, CA 92253 Les Johnson Tel: 760.777.7030 • Fax 760.777.7101 Planning Director E-mail.• devans@la-quinta.org prepared by: THE PLANNING CENTER 1580 Metro Drive Contact Costa Mesa, CA 92626 Elizabeth Kim Tel. • 714.966.9220 • Fax 714.966.9221 Environmental Planner E-mail: eldm@planningcemer.com CLQ-03.OL SEPTEMBER 2009 a 212 Table of Contents Section Pace 1. INTRODUCTION...................................................................... » ......«... _ ..„,...... 1 1.1 PROJECT LOCATION..........................................................................................................1 1.2 ENVIRONMENTAL SETTING............................................................... :............................... 1 1.3 PROJECT DESCRIPTION....................................................................................................2 1.4 GENERAL PLAN AND ZONING.........................................................................................14 1.5 CITY ACTION REQUESTED..............................................................................................14 2. ENVIRONMENTAL CHECKLIST, .„ :...««.«..... .„...... .. ..................17 2.1 BACKGROUND..................................................................................................................17 2.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED...............................................18 2.3 DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY)..................................18 2.4 EVALUATION OF ENVIRONMENTAL IMPACTS...............................................................19 3. ENVIRONMENTAL ANALYSIS.4.....»..» ..: .:.« .. , » ............,. ....25 3.1 AESTHETICS.....................................................................................................................29 3.2 AGRICULTURE RESOURCES...........................................................................................30 3.3 AIR QUALITY.....................................................................................................................33 3.4 BIOLOGICAL RESOURCES .... :......................................................................................... 35 3.5 CULTURAL RESOURCES.................................................................................................36 3.6 GEOLOGY AND SOILS.....................................................................................................37 3.7 HAZARDS AND HAZARDOUS MATERIALS......................................................................40 3.8 HYDROLOGY AND WATER QUALITY...............................................................................41 3.9 LAND USE AND PLANNING..............................................................................................44 3.10 MINERAL RESOURCES.................................................................................................:..44 3.11 NOISE................................................................................................................................45 3.12 POPULATION AND HOUSING ..........................................................................................46 3.13 PUBLIC SERVICES............................................................................................................47 3.14 RECREATION....................................................................................................................48 3.15 TRANSPORTATION/TRAFFIC...........................................................................................49 3.16 UTILITIES AND SERVICE SYSTEMS.................................................................................50 3.17 MANDATORY FINDINGS OF SIGNIFICANCE...................................................................52 4. REFERENCES ................................................ .... .. .. . A. ........» ..... 53 S. LIST OF PREPARERS......_.........................................._......................._................................55 2008 La Quinta Housing Ekment Update initial Study City of La Quinta • Page i ",:; 213 Table of Contents List of Figures Figure Paste Figure1 Regional Location............................................................................................................... 3 Figure2 Local Vicinity....................................................................................................................... 5 Figure3 Aerial Photograph.............................................................................................................. 7 Figure 4 Vacant and Undenttilized Land Inventory ........................................................................ 11 Figure5 Existing Zoning Map......................................................................................................... 15 Figure6 Important Farmlands........................................................................................................ 31 List of Tables Table 1 Regional Housing Needs Assessment 2006-2014............................................................ to Table 2 Constructed, Approved, and Pending Residential Projects January 2006 to September2007................................................................................................................ 9 Table 3 Vacant and Underutilized Land Inventory Summary ........................................................ 10 Table 4 Development Potential to Accommodate 2006-Ml4 RHNA........................................... 13 Table 5 Quantified Objectives for 2006-2014............................................................................... 13 3epremaer �uvy Page ii •The Planning Center �" 214 1. Introduction The City of La Quints. is proposing an update to the housing element of its general plan. The housing element is one of the seven general plan elements mandated by the State of California, as articulated in Sections 65580 to 65589.8 of the Government Code. To comply with state law, La Quinta prepares a housing element every five years or in conjunction with the release of the Regional Housing Needs Assessment (RHNA). The La Quints, Housing Element must contain goals, policies, and programs to facilitate the development, improvement, and preservation of housing. State law prescribes the scope and content of the housing element pursuant to Section 65583 of the California Government Codes. The element also provides a comprehensive evaluation of programs and regulations related to priority goals, objectives, and program actions that directly address the needs of La Quints, residents. The housing element is only one facet of the City's overall planning program. The California Government Code requires that general plans contain an integrated, consistent set of goats and policies. The housing element is, therefore, affected by development policies contained in other elements of the general plan. The City of La Quints, as lead agency for the project, is responsible for preparing environments] documentation in accordance with the California Environmental Quality Act (CEQA), as amended, to determine if approval of the discretionary actions requested could have a significant impact on the environment. This Initial Study will provide the City of La Quinta with Information to document potential impacts of the proposed project. 96] 1.1 PROJECT LOCATION Figure 1, Regional Location, shows the location of the City of La Quints, in the Riverside County region. La Quinta is one of nine cities in the Coachella Valley subregion of Riverside County. The Coachella Valley includes the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio,, La Quints., Palm Desert, Palm Springs, and Rancho Mirage, as well as large areas of unincorporated Riverside County. La Quanta is bordered by Indian Wells, Palm Desert, Indio, and unincorporated Riverside County. Regional access is provided by Interstate 10 (I-10) and State Route 86 (SR-86), located outside of La Qulnta's boundary. State Route 111 (SR-111), near the City's northern boundary, is the only state system in the City's limits. 1.2 ENVIRONMENTAL SETTING 1.2.1 Existing Land Use The draft housing element pertains only to the area within the incorporated City limits (20,672.6 acres), excluding the City's sphere of Influence area and two planning areas, as shown in the City of La Quints, General Plan Land Use Map. Based on the 2002 General Plan Land Use Element, 57.4 percent of the land area is devoted to residential development, 4.9 percent to commercial uses, 1.1 percent to industrial, 0.8 percent to major community facility uses, and 35.8 percent to parks, open space, and golf course open space. 2008 La Quinta Housing Element Update Initial Study City of Is. Quinta • P2 a e I N15 1. Introduction 1.2.2 Surrounding Land Use The City of La Quinta is one of nine cities in the Coachella Valley subregion of Riverside County. The cities of Indian Wells and Palm Desert share the western border with the City and the City of Indio shares the City's eastern border (see Figures 2 and 3). Most of Indian Wells abutting La Quints, is mountainous and undeveloped. Uses in Palm Desert and Indio include various residential (rural residential to suburban type residential uses), recreational, commercial, and industrial, especially along major corridors like the 1-10 and SR-111. Unincorporated Riverside County bounds much of the City south of Avenue 52, including the Santa Rosa Mountains to the east. The Bermuda Dunes Airport is in unincorporated Riverside County to the north of the City and south of 1-10. 1.3 PROJECT DESCRIPTION The housing element is one of the seven general plan elements mandated by the State of California. Jurisdictions within the southern California Association of Governments (SCAG) region must complete the statutory housing element update for a seven -and -one -half -year planning period that extends from January 1, 2006, through June 30, 2014. The proposed project is the draft housing element, which contains policy guidance and a list of potential actions and development project The housing element does not represent actionable proposals for individual, subsequent housing development projects or required general plan amendments, and/or zone changes needed to implement the respective projects. This initial study, therefore, is not required to provide a detailed evaluation of the subsequent projects or provide mitigation for the Impacts that may be associated with implementation of those projects. This Initial study, does, however, provide an overall evaluation of the impacts that would likely occur to successfully implement the proposed housing element. Each individual development project and zone change required to implement the housing element will be subject to its own subsequent review and processing under CEQA. The housing element of the La Quints. General Plan identifies vacant and underutilized sites for potential residential and residential over commercial developmentthat could accommodate any unmet portion of the RHNA by 2014 and establishes the City s policy relative to the maintenance and development of housing. The goals, policies, and programs of the housing element will guide housing -related decision making and facilities attainment of the 2006-2014 RHNA housing targets. Regional Housing Needs Assessment SCAG prepares housing construction needs goals for each city in Southern California as part of the RHNA. As set forth in state law, all local governments are required to identify sufficient land, adopt programs, and provide funding, to the extent feasible, to facilitate and encourage housing production commensurate with that need. As shown in Table 1, the Citys total RHNA allocation is 4,327 units forthe 2006-2014 planning period. The production goal for each Income category is: 1,065 units affordable to very low income households, 724 affordable to low income households, 796 affordable to moderate income households, and 1,741 above moderate income units. Page 2 * The Planning Center — S!Vember 2QnQ 2008 La Quinta Hawing Ekmeat Update Initial Study 1. Introduction Regional Location wor M sca.e The Planning Center • FIgUre 1 .N 217 1. Introduction This page intentionally left blank. Page 4 • The Planning Center p September 2009 218 Indian �, t f Wells. , C " n r .0. . . N i2 e4 F. %I; J, Mli—i 2 o8 Ia Qainta Honing Element Update Initial Study I. Introduction Local Vicinity =1 FM p 10,900 The Planning Center • Figure 2 " 219 1. Introduction This page intentionally left blank. Page 6 • The Planning Center September 2009 " 220 1. Introduction This page intentionally left blank. Page 8 • The Planning Center September 2009 » 222 1. Introduction Table t Re anal HousingNeeds Assessment 2006-2014 HarsehofdlnoomeAHordahfl ProduotioAGoai Pa7cettta e verv, Low of mediazt 1,065 24.6% low 51-M of medan . 724 16.7% Moderate 81-120%of median 796 18A%' Above Moderate: 120%above median 1,741 402% Total 4,327 100% Source: SCAG 2007. Accommodating the RHNA California housing element law allows local governments to obtain construction credits toward its RHNA housing goals in three ways: housing construction, available land for housing, and housing preservation. The housing element has identified resources through new construction and available vacant or underutilized land to demonstrate an ability to accommodate the RHNA. It is important to note that, for the purposes of accommodafing the RHNA, the State Department of Housing and Community Development allows jurisdictions to list the very low and low income categories as one combined income category referred to as "lower income" or "very low and low income." Housing Construction As shown in Table 2, the City has constructed or approved 516 very low income units, 60 low income units, 569 moderate income units, and 4,530 above moderate housing units but still has the allocation balance of 1,440 units (549 very low income units, 664 lower Income units, and 227 moderate income units). - Table 2 Constructed, Approved, and Pending Residential Projects January 2006 to Siatitember 2007 Mimi, very Low tow Above Moderaie Akderitle Total �';' i .. •Gt Above Moderate Income ' b4' 0 x i.'''M!iu,* 0 fu.' A 1 0 4,346 Ivry_ 1 4.346 Mediterra Apartments 0 0 224 0 224 Clubhouse ms 0 0 161 0 151 Waarculots 55+ Ing 0 149 0 149 Vista Dunes Courtyard Homes 79 0 1 0 80 6n erpoirne 0 0 40 184 224 WRf Waters Place 216 0 2 0 218 Comienzo at La Oub to 198 0 2 0 200 Washington StreetAparTwo " 23 60 0 0 83 Total Contdrocted/Approved Pro)ecls 516 60 569 4,530 5,675 2006-2014 RHNA 1,065 724 796 1141 1 4 V7 Balance of RHNA Allocation 549 664 227 1 0 +2,7 1440 Source. SCAG RHNA, City of La Cubits ' This number represents the total from appronima" 52 active projects in the City of La Quinta that were constructed or approved in 2006-2007. z The units shown are new atns and are In addition ro 73 adsting units that will be rehabilitated as a part of the protect. 2008 La Quinta Housing Element Update Initial Study City of La Quinta • Page 9 ,p... 223 1. Introduction Development Potential on Vacant and Underutilized Land To address the remaining RHNA, the City has identified available land for future construction as shown in Figure 4, Vacant and Underutilized Land Inventory. Vacant land includes vacant residential sites, vacant sites zoned for nonresidential uses that also allow residential development, and nonresidential vacant sites that must be rezoned for residential use. As shown in Table 3, the housing element identifies 110.9 vacant acres with a total expected yield of 1,165 units at a realistic capacity based on existing development trends. This unit yield includes 21.4 acres, Identified as Site #2 in Figure 4, to be rezoned from RLto RM (residential low density to residential medium density). The zoning changes, when they do occur, could add additional housing potential in the amount of approximately 281 units. The current project does not Include the actual zoning amendment; the rezoning is anticipated to occur concurrent with the City's 2009/2011 general plan update. Underutilized sites are nonvacart sites that contain stalled or severely underperforming projects, or vacant sites that have obsolete entitlements or need to be rezoned, and are likely to be available for housing development during the planning period. The underutilized sites inventory is made up of 131.6 acres of RM land (including 15.8 acres to be rezoned from RL), 53.7 acres of RMH (residential medium -high density) land (including 19.7 acres to be rezoned from RM to RMH), and 21.6 acres of neighborhood commercial (CN) and village commercial (VC) land. The total acreage in the underutilized land inventory is 206.9,199.9 acres of which are already zoned to accommodate residential development at or above 8 units per acre. The total expected yield of these sites is 1,651 units at a realistic capacity based on existing development trends and densities. The zoning changes, when they do occur, could add additional housing potential in the amountof approximately 203 units. Table 3 plans. Yield for specific commercial pads (013) and regional commercial (CA) sites was slglrificamty reduced to regain highway setback requirements. e Yield for each Village Commercial sfie was rounded down to provide a conservative estimate that does not rely upon lot consondafion. Page 10 • The Planning Center September 2009 p.'J 224 1. Introduction Vacant and Underutilized Land Inventory Proposed Zoning RL EM CC RM ME CP m RMH CR CN VC RDA Project Area One RDA Project Area TWO 20 "Q.t H—M F. ., UPd ft g." 225 1. Introduction Summary of Development potential Table 4 summarizes the housing and land resources available to the City and demonstrates an ability to accommodate its RHNA allocation. Table 5 provides a summary of the City's quantified objectives for new construction and rehabilitation or housing assistance for La Quinta residents during the planning period. The City's quantified objectives for new construction do not have to match the RHNA figures; they can be lower or higher than the RHNA figures. State law only requires that the City demonstrate an ability to potentially accommodate the RHNA allocation, as shown in Table 4. Moreover, the quantified objectives do not represent proposals for the new housing projects and thus do not constitute projects under CEQA. The City also maintains or participates in many other programs that will assist in the rehabilitation and improvement of housing in La Quinta that are not listed in Table 5. Atthis time, these other programs do not have quantified objectives. For example, it is currently unknown how many La Quinta households will utilize County of Riverside rehabilitation grants or how much money may be available from new state and federal resources, and there are not any unit targets by income level for housing condition monitoring. Table 4 %4! ' The number of constructed and approved projects represents active projects in the City of La Quints that have been constructed after January 1, 2005 or are expected to be constructed during the 2006-2014 planning period. Some of the units restricted to very tow Income households may be inhabited by households earring 0 to 30 percent of the Area Median Income (AMI), known as earerrely low income households. z Assisted projects on vacant and undenr0lized lands could also have the polemist to provide housing for extremely low Income households should the eligibility range Include households earning 0 to 30 percent of the AMI. 3 The affordability of levels of future second units/guest houses is an estimate based on a rents surrey and City policies. For example, if all of the units are guest houses they will be affordable to extremely low Income households, since they must be provided free of rent, per the Municipal Code. Table 5 2008 La Quinta Houting Element Update Initial Study City of La Quinta • Page 13 p. 226 1. Introduction 1.M1 General Plan Consistency State law requires that a general plan be internally consistent. Goals, policies, and implementation measures in the general plan elements must support and be consistent with one another. The City of La Quinta's draft housing element builds on the other nine elements in the La Quinta General Plan and is consistent with goals and policies set forth therein. The City will continue to maintain consistency between general plan elements by ensuring that proposed changes in one element will be reflected in other elements through amendment of the general plan. The City's housing element identifies programs and resources required for the preservation, improvement, and development of housing to meet the existing and projected needs of Its population. 1.4 GENERAL PLAN AND ZONING Figure 5, Existing Zoning Map, shows existing zoning designations within the City of La Quinta. The update to the City's general plan housing element consists of an updated determination of housing needs in the City, and revisions to policies and programs the City would implement to address those needs. It Identifies adequate vacant and underutilized sites for potential residential development that could accommodate any unmet portion of the RHNA by 2014. Several of the sites identified in the housing element currently have general plan designations and zoning in place that would facilitate higher density development in the area, and the housing element does not propose any changes to land use and zoning in that area. In other cases, upzoning and amendments to the municipal code would take place to accommodate all of the unmet need forthe RHNA. Therefore, concurrent with the 2009/2011 general plan update, the City would evaluate the feasibility of policy and program changes to redesignate higher density development and permit residential above nonresidential uses. Therefore, with the adoption of the 2006-2014 housing element, the City of La Quinta is not redesignating land or amending zoning that would directly result in the construction of any housing units or accelerate the rate of development on existing sites that could presently accommodate such development. However, subsequent implementation of the 2006-2014 housing element would require rezoning that would induce growth. At that time, the City would conduct environmental review of the impacts associated with that action. Moreover, any future projects proposed in accordance with the draft housing element would be subject to CEQA review. 1.5 CIIYACTION REQUESTED Approval of the General Plan housing element and adoption of the Negative Declaration for compliance with CEQA by the La Quints. City Council. Page 14 • The Planning Center Septober 2012 7 e 2. Environmental Checklist Z1 BACKGROUND 1. Project Title: City of La Quinta 2006-2014 General Plan Housing Element 2. Lead Agency Name and Address: City of La Quinta 78.495 Calls Tampico La Quints, CA 92253 3. Contact Person and Phone Number: Les Johnson, Planning Director 760.777.7030 4. Project Location: City of La Quints, California 5. Project Sponsces Name and Address: City of La Quinta 78-495 Calls Tampioo La Quints, CA 92253 6. General Plan Designation: Implementation of the general plan housing element as proposed would involve all residential, village commercial, and nonresidential land use categories within the City. 7. Zoning: Implementation of the general plan housing element as proposed would involve all residential, village commercial, and nonresidential districts within the City. S. Description of Project: The City of La Quints has prepared an update to the housing element of its general plan. The draft 2006.2014 housing element identifies housing units constructed since January 1, 2006, and adequate vacant and underutilized sites for potential residential and residential over commercial development to meet the RHNA allocation. The housing element also includes programs to assist households and reduce barriers to the production of fair and affordable housing. Refer to Section 1.3, Project Description. 9. Surrounding Land Uses and Setting: The City is in the Coachella Valley subregion in Riverside County, bordered by a mix of land uses and undeveloped open space. The surrounding cities of Indian Wells, Palm Desert, Indio, and Coachella all contain a variety of residential, commercial, industrial, and open space uses. 10. Other Public Agencies Whose Approval Is Required: No other public agencies have approval authority over the project. However, the California Department of Housing and Community Development has the authority to review and comment on the housing element. 2008 La Quinta Housing Element Update Initial Study City of Ia Quintary Page 12 2 9 2. Environmental Checklist 2.2 ENVIRONMENTAL FACTORS POTENTIALLYAFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," as indicated by the checklist on the following pages. ❑ Aesthetes ❑ Agricultural Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous Materials ❑ Hydrology / Water Quality ❑ land Use / Planning ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities / Service Systems ❑ Mandatory Findings of Significance 2.3 DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCI) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on theernAronment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT Is required. I find that the proposed project MAY have a °potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. QI find that although the proposed project could have a significant effect oh the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, Including revisions or mitigation measures that are Imposed upon the proposed project, nothing further is required. Signawre Date lAJKL64c.6 A IES44i PdmedName For Page 18 • The Planning Center September 2009 "."J, 230 2. Environmental Checklist Z4 EVALUATION OF ENVIRONMENTAL IMPACTS 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors, as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including offslte as well as onshe, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, the checklist answers must Indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate If there is substantial evidence that an effect may be significant. d there are one or more "_potentially Significant Impact" entries when the determination is made, an EIR is required. 4) 'Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the Incorporation of mitigation measures has reduced an effect from °potentially Significant Impact" toa "Less Than Significant Impact.' The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration per Section 15063(c) (3)(D) of the CEQA Guidelines. In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by midgation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source fist should be attached, and other sources used or individuals contacted should be cited in the discussion. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 2008 La Quinta Housing Element Update Initial Study City of La Quinta • Page 19 N... 231 2. Environmental Checklist 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, If any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significant. Page 20 • The Planning Center September 2009 +. 232 2. Environmental Checklist PateepaNy ymb LW Tdaa SYgr�ieagt Mitigation STpNgcant No isauea t In or" bWd Impact a) Have a substantial adverse effect on a scenic �( vista? b) Substantially damage Scene resources, including, but not limited to, bees, rock X outcroppings, and historic buildings within a stale scenic hi hwa c) Substantially degrade me existing visual X character or quality of the site and its surrou d) Create, a new source of substertaal light or glare which would adversely affect day or nighttime Farmland of StalawMe Importance (Farmland), as shown on the craps prepared pursuant to the X: Farmland Mapping and Monihift Program of the California Resources Agency, to non• ause? b)ConticwihMnoulWral use, X or a Wtllamson Act contract? c) Involve other changes in the existing env ron nerd which, due ro their location or nature, could result in conversion of Farmland, to non- ncutural use? a) CorrW with or obstruct hoplerrablaitah of the X cableair vat' . ? b) violate any air qualty standard ar contribute X substantially to an existing or projected at quality violation? c) Result in a eumulagwely considerable net increase of any criteria pollutant for which the project region is non -attainment under an X applicable federal or state ambient air quardy standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial X pollutant concentrations? e) Create objectionable odors affecting a substantial X rill 2008 La Quinta Housing Element UPdate Initial Study City of Its Quinta •Page 21 N._ 233 0 2. Environmental Checklist Less morn Sip ifibsot t"fiew MM leasVM b7gn(//mw ANYOfon 84awem me Issues Im of /nwmaw hapact /in of a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special X status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations; or by the Califomia Department of Rsh and Game; or U.S. Fish and Wildlife Service? c) Have a substantial adverse efect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filfing, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or X migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Cordlict with any local policies or ordinances protecting biological resources, such as a tree Waservation policy or ordinance? t} Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, aft or stele habitat conservation a) Cause a substantial adverse change In the significance of a historical resource as defined in X $15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource X pursuant to Q 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feaWre? d) Disturb any human remains, Including those X Interred outside of formal cemeteries? a) Expose people orsWctures to potential substamial adverse effects, including the risk of loss, injury, or death involving: Page 22 • The Planning Center September 2009 •,.N 234 2. Environmental Checklist l�se>�n SigoOW PotenNaNy brig Len flan sfgndlcene MNgaBon sipflicant Ho Issues Impact tad h—Wd Insect 1) Rupture of a known earthquake fault as delineated on the most recent Alquist-PriolD Earthquake Fault Zoning Map, Issued by the State Geologist for the area or based on X other substantial evidence of a known fault? Refer to Division of Mines and Geology al Publication 42. it seismic ground shaldi x III) Seismic -related ground failure, including x fiqueWtion? iv Landslides? X dj Result in substantial soil erosion or the loss of x loY? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- e' or off -site landslide, lateral spreading, subsMerxxt oor e? d) Be loealed on expansive soil, as dellned in Table 18-1-B of the Uniform Building Code (1994), X cmaft substantial risks to life or e) Have SWIS btcapable of adequately supporting fine use of septic tanks or alternative waste water disposal systems where sewers are not available forthe of waste water? rN a) Create a significant hazard to the public orthe errvironment through the routine transport, use, X or daposal of hazardous materials? b) Create a significant hazard to the public or the emhonment through reasonably foreseeable upset and accident conditions Involving the j( release of hazardous materials Into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or schocl7 d) Be Iceated on a site which is Included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a X result, would it create a significant hazard to the or the errvironmerit? e) Rx a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use X airport, would the project result in a safety hazard for people residing or working in the act area? 2008 La Quinta Housing Element Update Initial Study City of La Quinta • Page 235 .,.tt 0 2. Environmental Checklist 1 man . ForOWN M WO Less rnan $19OWnt 11fifigsaw Sig micad No issues /' d I Impact f) For a project within the vicinity of a private airstrip, would the project result In a safety X hazard for people residing or woriwp in the project areal g) Impair implementation of or physically Interfere with an adopted emergency response plan or X ernergency evacuation n? h): Expose people or stmctures to a significant risk of loss, injury or death involving wildland fires, including where wildhands are adjacerd to X urbanized areas or where residences are intermixed with wlldlands? a) Violate any water quality standards or waste discharge rds? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater X table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ? c) Substantially after the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner X which would result In a substanth l erosion or siltation on- or off -site d) Substantially after the existing drainage pattern of the she or area, Including through the a0eradon of the course of a stream or river, or substantially X Increase the rate or amount of surface runoff in a manner which would result In flooding on- or off - site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm X water drainage systems or provide substantial additional sources of polluted runoff? p Otherwise substantially degrade water quality? X g) Place housing within a 1DO-yearflood hazard area as mapped an a federal Flood Hazard X Boundary or Rood Insurance Rate Map or other flood hazard delineation ? h) Place within a 100-year flood hazard area structures which would Impede or redirect flood X flows? Page 24 • The Planning Center September 2009 u- 236 2. Environmental Checklist LM chart PQMWAflp WO Less Than 800"d q(it POW Stgniflsaof No Issues laWd hICOMMW impact hipat i) Expose people or structures to a significant risk of loss, Injury or death involving flooding, X including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? X a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal j( program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation X or natural co m un conservalion ? A a) Resuitbfihe loss of avafiabflity of a known mineral resource that would be a value to the X re ioi and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use n? a) Exposure of persons to or generation of noise levels in excess of standards established in the X local general plan or noise ordinance, or applicable standards of otheragencies? b)Exposure of persons to or generation of excessive groundbome vibration or groundbome X noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels x existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above x levels existing without theproject? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use X airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing X or working in the project area to excessive noise levels? 2008 La Quinta Housing Element Update Initial Study City of La Quinta •Page 25 S. 231 2. Environmental Checklist PotenrUalh Win Ism Than V90cant fffllffatlon Slgn7liOW me ftsaft hn tf Impact MA'' OILMEN INOW a) Induce substantial population growth in an area, either directly (for example, by proposing new X homes and businesses) or indirectly (for example, through extension of roads or other Infrastructure)? b) Displace sumnuai numbers of existing X housing, necessitating the construction of replacerhand housing elsewhere? e) DlePM St�alafitiat numbers of people, X necessitating the construction of replacement housing osewhere7 neighborhood and regional parks or other recreational facilities such that substantal physical detedordon of the facilily would occur or be accelerated? b) Does the project inch rbcraattttdal tacoin; or require the construction or expansion of recreational facilities which might have an advetSe' h kal effect on the environment? •) go a) Cause an Increase in traffic which is substantial In relation to the existing traffic load and capacity of the street system p.e., result In a substantial increase in either the number of vehicle hips, the volume to capacity ratio on roads, or congestion at Mterseetlons)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated Including either an Increase in traffic levels or a change in location that result in substantial safety Page 26 • The Planning Center D D M September 2009 .If. 238 2. Environmental Checklist m Man sl9f Pot try go Less Than 619WHosj# fliftwom 0904anl No Issues Mead 18COUP&OW MMIlact hoped d) substantially increase hazards due to a design feature (e.g., sharp curves or dangerous X intersections) or incompatible uses (e.g., farm equipment? e) Result in inadequate emergency access? X 0 Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, or X programs supporting alternative transportation e.., bus turnouts bicycle racks ? I 77-77 w a) Exceed waste water treatment requirements of X the applicable Regional Water Duality Control Board? b) Require or result in the corretruction of new water or waste water treatment facilities or expansion X of existing facilities, the construction of which could cause environmental effects? c) Require or result in the construction of new storm water drainage facil tles or expansion of X existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies avafiable to serve the project from existing entitlements and X resources or are new or expanded entitlements needed? e) Result in a determination by the waste water treatment provider, which serves or may serve X the project that it has adequate capacity to serve the projects projected demand in addition to the rovders commitments? fl Be served by a landfill with sufficient pemdBed capacity to accommodate the project's solid X waste disposal needs? g) comply with federal, state, and local statutes and X r ulailons related to solid waste? a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wtidlge population to drop below X self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or mshict the range of a rare or endangered plant or animal or eliminate Imporlant examples of the major periods of California historynr histo 2008 La Quinta Housing Element Update Initial Study City of La Quinta • Page 27 a 239 2. Environmental Checklist Leaves Potentially Significant Impact Less Than Signficant Whh Mfilgafion lncor otated Leas Than Significant /nr # No hoped b) Does the project have Impacts that are Individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project X are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future rojects. c) Does the project have environmental effects which will cause substantial adverse effects on X human bein s, either directly or Inch ctly7 Page 28 • The Awning Center September 2009 4' ?An 3. Environmental Analysis Section 2.2 provided a checklist of environmental impacts. This section provides an evaluation of the impact categories and questions contained in the checklist. 11 AESTHETICS a) Have a substantial adverse effect on a scenic vista? No Impact The draft housing element identifies opportunity areas for housing development and strategies to achieve the regional housing needs production goals. Much of the Coachella Valley subregion has views of the desert and mountains. Increased residential density allowed by the updated housing element would after visual qualities in the area and potentially have impact on a scenic vista The location of properties that would support densities where buildings would be greater than one story in height are limited to commercial areas or the Village District—Aocations that already contain and allow for multistory buildings. However, the housing element is a policy document and itself would not result in actual construction of housing units. Therefore, it would not result in the individual or subsequent housing development projects. The proposed project would not create any significant impacts and no mitigation measures are necessary. b) Substantially damage scenic resources, Including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 88 No Impact. According to the California Scenic Highway Mapping System of the California Department of Transportation, the City is not located near a major state -designated scenic highway. The nearest officially designated state scenic highway is State Route 74 near the City of Palm Desert. The proposed updates to the housing element would not have any substantial damage to scenic resources. No mitigation measures are necessary. c) Substantially degrade the existing visual character or quality of the she and Its surroundings? No Impact. The draft housing element identifies opportunity areas for housing development and strategies to achieve the regional housing needs production goals. The proposed project is the draft housing element, not the individual, subsequent housing development projects or required zone changes needed to implement the respective projects. Therefore, although the existing visual character or qualityof the City may change subsequent to the adoption of the draft housing element, the current project would have no impact on the visual character. No mitigation measures are necessary. d) Create anew source of substantial light or glare, which would adversely affect day or nighttime views In the area? No Impact. The draft housing element identifies opportunity areas for housing development and strategies to achieve the regional housing needs production goals. Development of projects in accordance with the City's draft housing element would create new sources of light and glare in the City. As potential units are developed, greater intensity and density of development would result in increased light and glare in the City due to exterior lighting, lighting of streets and walkways, and interior lighting. The City of La Quints is in the boundaries of the Mount Palomar Nighttime Lighting Policy Area and the effect of nighttime lighting on star- 2008 La Quinta Housing Element Update Initial Study City of 1st Quintap Page 2A 41 3. Environmental Analysis gazing and open space areas will become more pronounced with additional housing development. However, it should be noted that the proposed project is the draft housing element, not the individual, subsequent housing development projects or required zone changes needed to implement the respective projects. In addition, the City has an Outdoor light Control Ordinance (Municipal Code Chapter 9.100.150, Outdoor Lighting) to protect night sky and light impacts on sensitive receptors. Future development or zone changes to implement the draft housing element would be subject to subsequent CEQA review. No impact is anticipated and no mitigation measures are necessary. &2 AGRICULTURE RESOURCES a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Less Than Significant Impact According to the Farmland Mapping and Monitoring Program, there are special status farmlands in the City of La Quints. However, these areas are already zoned residential by the La Quinta Zoning Map. As shown in Figure 6, there are prime farmland, unique farmland, and farmland of local importance in the City of La Quints, and some of the vacant and underutilized lands identified by the housing element are designated as special status farmland. Adopting the updated housing element would allow vacant and underutilized land to be developed with higher density development However, these lands are already designated and zoned residential by the general plan and the zoning map. Therefore, adoption of the updated housing element itself would not result in conversion of special status farmland to nonagricultural uses. Impact would be less than significant and no mitigation measures are necessary. b) Conflict with exlating zoning for agricultural use, or a Williamson Act contract? No Impact. Adopting the updated housing element would allow vacant and underutilized land to be developed with higher density development. However, these lands are already designated and zoned residential by the general plan and the zoning map. The City of La Quinta Zoning Map does not designate any areas in its planning area as agricultural except for the Low Density Agricultural/Equestrian Residential zone. However, these areas would not be affected by the draft housing element. In addition, no properties within the City are impacted by a Williamson Act contract Conflict with existing agricultural zoning is not anticipated and no mitigation measures are necessary. c) Involve other changes In the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Less Than Significant Impact. The City of La Quinta zoning map does not show any agricultural uses within the City limits. Although the housing element identifies vacant and underutilized sites to rezone, they are already zoned for nonagricultural uses. Therefore, zone changes would not resultin conversion of farmlands to agricultural uses. In addition, the housing element itself would not result in the actual development. Future development projects would be subject to CEQA review and potentially significant impacts to agricultural resources would be analyzed. Adoption of the housing element would not have a significant Impact on conversion of farmland. No mitigation measures are necessary. Page 30 • The Planning Center September 2009 a 242 3. Environmental Setting Important Farmlands Farmland Prime Farmland Farmland of local Importance e}:ia unique Farmland Urban and Built-up Land v— —,al Study Parcels '.. �. City Boundary 243 3. Environmental Analysis &3 Alit GUALm a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The City of La Quinta lies in the Salton Sea Air Basin (SSAB), which spans the Coachella Valley portion of Riverside County and all of Imperial County. Air quality management of the Riverside County portion of the SSAB is overseen by the South Coast Air Quality Management District (SCAQMD). The air quality plan In effect in the SSAB is the SCAQMD's 2007 Air Quality Management Plan (AQMP). The SCAQMD and SCAG are the agencies responsible for preparing the AQMP. Regional population, housing, and employment projections developed by SCAG, which are based on the land use designations of the City's General Plan form, In part, the foundation for the emissions inventory of the AQMP. These demographic trends are incorporated into the Regional Transportation Plan (RTP) compiled by SCAG to determine priority transportation projects and determine vehicle miles traveled within the SCAG region. The draft housing element designates adequate sties for developmentthat could potentially accommodate any unmet portion of the RHNA through 2014. Since the housing assessment in the RHNA is determined by SCAG, the proposed project would accommodate increases In population based on SCAG's demographic projections. The project would be consistent with the AQMP because it is based on demographic projections for the City of La Quinta from which SCAQMD creates the regional emissions inventory. Therefore, no impact is anticipated and no mitigation measures are necessary. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Leas Than Significant. The draft housing element designates adequate sites for potential future development that could accommodate any unmet portion of the RHNA through 2014. New development could potentially generate pollutant emissions due to new vehicle trips, use of equipment, and offske power and natural gas generation. During the construction phases of Individual development projects, emissions would also be generated by construction vehicles and activities. Air pollutant emissions associated with the project could occur over the short term for demolition, site preparation, and construction activities. In addition, emissions could result from the long-term operation of the potential additional units. Construotlon Impacts Air quality impacts may occur during the site preparation and construction activities of individual projects anticipated under the draft housing element. Major sources of emissions during this phase include exhaust emissions generated during demolition of an existing structure, site preparation, and subsequent structure erection, and fugitive dust generated as a result of soil disturbances. To minimize construction -related air quality impacts, future development projects would be required to comply with SCAQMD Rules and Regulations, including Rule 403 for fugitive dust control. Chapter 6.16 of the City of La Quinta Municipal Code also requires local dust control plans for projects, which is modeled on Rule 403 and 403.1. Additionally, any future development projects would be subject to CEQA review and evaluated for potential construction -related air quality impacts. Operational Impacts Long-term air quality impacts are those associated with the emissions produced from project -generated vehicle trips as well as from stationary sources related to the use of natural gas for heating and to electricity for lighting and ventilation. Any future developments would be subject to CEQA review on a project-by- 2008 La Quinta Homing Element Update Initial Study City of La Quinta • Page 33 0 q 244 project basis, and impacts would be disclosed and mitigated as feasible. However, impactsto anyairquality standard due to the adoption of the housing element would result in a less than significant impact Greenhouse Gas Emissions Assembly Bill 32 (AS 32), the Global Warming Solutions Act, was passed by the California state legislature on August 31, 2006, to place the state on a course toward reducing its contribution of greenhouse gas (GHG) emissions. The California Air Resources Board adopted the Proposed Climate Change Scoping Plan (Scoping Plan) to reduce GHG emissions on a statewide level. Construction and operational phase activities associated with individual projects that implement the objectives of the housing plan would directly and Indirectly generate GHG emissions from stationary sources (water heaters, gas stoves, landscape equipment, etc.), transportation, water use, energy use, and waste disposal. Future development in the City would be subject to CEQA review on a project -by -project basis, to evaluate the contribution of GHG emissions and consistency with the Scoping Plan. Impacts of the individual development projects would be disclosed and mitigated as feasible. However, the cumulative contribution of GHG emissions due to the adoption of the housing element would result in a less than significant impact. c) Result Ina cumulatively considerable net Increase of any criteria pollutant for which the project region Is non -attainment under an applicable federal or state ambient air quality standard (Including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less Than Significant. The draft housing element designates adequate sites for potential future development that could accommodate any unmet portion of the RHNA through 2014. New development would generate pollutant emissions due to new vehicle trips, use of equipment, and offsits power and natural gas generation. Future projects would be subject to CEQA review, and computer modeling would be completed for each development to track whether any emissions would be in excess of state or federal ambient air quality standards. Additionally, any new development would be required to comply with SCAQMD regulations to mitigate or prevent the generation of criteria pollutant emissions or GHG emissions. Impacts to air quality due to the adoption of the housing element would be less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant. Approval of the housing element would not modify land uses and would rat result in an air quality impact. Implementation of the housing element relies, however, on future development assumptions. The potential future development of additional housing units through 2014 could lead to fugitive emissions and other pollutants affecting adjacent sensitive land uses. Increased traffic volumes on City streets could also lead to Increases in associated vehicle emissions. Air quality analysis would be completed on a project -by -project basis to determine whether emissions from proposed development would expose sensitive receptors to substantial pollutant concentrations. Impacts to air quality due to the adoption of the housing element would be less than significant e) Create objectionable odors affecting a substantial number of people? No Impact. Land uses that are sources of objectionable odors that may affect substantial numbers of people Include wastewater treatment facilities, landfills, refineries, chemical manufacturing facilities, feed lots, and dairies. Approval of the housing element would not create objectionable odors and would not result in an impact Implementation of the housing element is reliant, however, on future development assumptions. It is unlikely that any future residential/mb(ed-use development would create objectionable odors; however, any project would be subject to CEQA review. Adoption of the housing element would not create odors and no impact would occur. Par 34 • The Planning Center Srpte�ber 200f► 4 3. Environmental Analysis &4 BIOLOGICAL RESOURCES a) Have a substantial adverse effect, either directly or through habitat modifications, on any species Identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. The housing element designates adequate sites for potential future housing development to meet the RHNA allocation. The City of La Quints contains a variety of unique habitat types, including blowsand habitat, mesquite hummocks, alluvial habitat, desert dry wash, and rocky slopes that potentially support a wide variety of sensitive plant and animal species, some of which have been listed as threatened or endangered by federal and state governments. Therefore, future development projects would be subject to CEQA review and potentially significant impacts to biological resources would be analyzed. However, adoption of the housing element itself would have no impact on any species identified as a candidate, sensitive, or special status species. No mitigation measures are necessary. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community Identified In local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. The housing element designates adequate sites for potential future housing development to meet the RHNA allocation. The City of La Quints contains a variety of unique habitat types, including blowsand habitat, mesquite hummocks, alluvial habitat, desert dry wash, and rocky slopes that potentially support a wide variety of sensitive plant and animal species, some of which have been listed as threatened or endangered by federal and state governments. Mesquite hummocks are a native plant community that consists of large clumps of honey mesquite formed over sand dunes or level terrain. Mesquite hummocks are generally associated with high soil moisture or natural springs. However, adoption of the housing element itself would have no impact on any riparian habitat or other sensitive natural community. No mitigation measures are necessary. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (Including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant. There are a number of water bodies in the City: the Whitewater River, La Quinta Evacuation Channel, and Coachella Canal being the most prominent. The housing element designates adequate sites for potential future housing development to meet the RHNA allocation. It is unlikely that housing development would result in direct removal, filling, or hydrological interruption of any federally protected wetlands. However, future development or subsequent zone changes would be subject to CEQA review. Adoption of the housing element itself would have no adverse impact on federally protected wetlands. No mitigation measures are necessary. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or Impede the use of native wildlife nursery sites? Less Than Significant. The City hosts a wide variety of state and federally protected sensitive plant and animal species. Future development projects would be subject to CEQA review and potentially significant impacts to biological resources would be analyzed. However, adoption of the housing element itself would have no impact on any species identified as a candidate, sensitive, or special status species. No mitigation measures are necessary. 2008 Ira Quinta Housing Ekment Update Initial Study City of La Quinta • Page 35 '..V 246 0 ;y a '#PI 3. Environmental Analysis e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Signiflcent. The City hosts a wide variety of state and federally protected sensitive plant and animal species. Future development projects would be subject to CEQA review and potentially significant impacts to biological resources would be analyzed. However, adoption of the housing element itself would have no impact on any species identified as a candidate, sensitive, or special status species. No mitigation measures are necessary. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Than Significant. The City of La Quinta lies within the Multi -Species Habitat Conservation Plan (MSHCP), which replaced the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan and the Peninsular Bighorn Sheep Critical Habitat. Implementation of the draft housing element would require amendment to the zoning map and the zoning ordinance to accommodate the unmet RHNA allocation. However, the vacant and underutilized areas identified in the draft housing element are already designated as residential or commercial uses, and increased development density proposed by the draft housing element would not convert land designated for natural open space to urban land uses. Additionally, each development project would be required to comply with the applicable habitat conservation implementation plan. Impacts would be less than significant and no mitigation measures are necessary. is CULTURAL RESOURCES a) Cause a substantial adverse change In the significance of a historical resource as defined In § 15064.5? Less Than SignificarrL The draft housing element identifies underutilized and vacant sites for potential future development that could accommodate any unmet portion of the RHNA through 2014. Underutilized parcels in the City may contain substandard historic structures. Although the recycling of such properties is an opportunity to create a positive aesthetic impact, each future development would be reviewed to determine impacts to historical resources. if necessary, appropriate mitigation measures designed to protect historic structures would be implemented. impacts to historical resources due to the adoption of Me housing element would be less than significant. No mitigation measures are necessary. b) Cause a substantial adverse change In the significance of an archaeological resource pursuant to § 15054.5? 1 Less Then Significant. The City of La Quinta contains one of the densest concentrations of archaeological sites anywhere in California, because it straddles the shoreline of ancient Lake Cahuilla, a naturally occurring freshwater lake formed by overflow from the Colorado River. The cultural resources element of the general plan Indicates that 372 archaeological sties, both prehistoric and historic, have been Identified and recorded in and around the City. Development of housing projects has the potential to disturb potentially significant archaeological resources. However, the proposed project itself would not involve ground -disturbing activities and would not adversely affect archaeological resources. The proposed project would not cause a substantial adverse change to archaeological resources and no mitigation measures are necessary. Page 36 • The Planning Center S*(,MMr 200247 3. Environmental Anal c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant. Paleontological resources are nonrenewable, with potential significance to the area's natural history. Five soil types occur in the City and its planning area, each with a different history and potential sensitivnyfor paleontological resources: Mesozoic granitics, Pleistocene older alluvium and tenace deposits, Lake Cahuilla beds, recent alluvium, and recent dune sand. Of these soil types, Pleistocene older alluvium and terrace deposits and Lake Cahuilla beds are expected to be highly sensitive for paleontological resources. Each development that occurs as anticipated bythe draft housing elementwouid be considered on an individual basis during subsequent CEQA review to determine potential impacts to any paleontological resources. Impacts to paleontological resources due to the adoption of the housing element would be less than significant. d) Disturb any human remains, including those Interred outside of formal cemeteries? No Impact. Any future development that occurs as anticipated by the draft housing element update would be subject to subsequent review under CEQAr on a project -by -project basis —to determine if any human remains exist Moreover, any required general plan amendment, specific plan, or specific plan amendment would be subject to Native American consultation under Senate Bill (SB 18). However, adoption of the housing element would not disturb any human remains and there would be no impact 3.6 GEOLOGYAND SOILS a) Expose people or structures to potential substantial adverse effects, including the risk of loss, Injury, or death lnvoMng: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Prlolo Earthquake Fault Zoning map, Issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact. According to the chy's general plan master environmental assessment, no active or potentially active faults are known to occur within the city of La Quints or Its planning area. Additionally, California Department of Conservation's California Geological Surrey lists cities affected by Alquist-Priolo Earthquake Fault Zones and the City of La Quinta Is not included in the list. Therefore, adoption of the housing element would have no impact and no mitigation measures are necessary. ii) Strong seismic ground shaking? Less Than Significant. No active or potentially active faults are known to occurwithin the City. However, two of southern California's most active faults, the San Andreas and San Jacinto, are in the vicinity and would likely generate the most severe ground shaking. The Elsinore Fault, approximately 30 miles southwest of the City, also has the potential to affect the region. The San Andreas Fault is the closet major fault system to the City, approximately three miles northeast of the City, and has the potential to generate a magnitude 7 earthquake. The San Jacinto Fault system is about 10 miles southwest of the City and is capable of producing a 6.5 to 7.5 magnitude earthquake. Arryfuture development that occurs in conjunction with the proposed project would be required to adhere to the most recent seismic standards in the California Building Code (CBC) adopted by the City of La Quints and would be subject to CEQA review. Impacts to seismic ground shaking due to the adoption of the housing element would be less than significant. 2008 La Quinta Homing Bkment Update Initut Study City of La Quinta Page 37 �." 248 ffl 3. Environmental Analysis iI) Seismic -related ground failure, Including liquefaction? Less Than Significant. liquefaction refers to loose, saturated sand or sift deposits that lose their load - supporting capability when subjected to intense shaking. Liquefaction is largely limited to lands containing groundwater (within 50 feet of the ground surface) and sandy, silty soils. Modified Mercalli Intensities of VII or higher are believed to be required for liquefaction to occur. According to the City's general plan, much of the eastern portion of the planning area contains groundwater within 30 feet of the ground surface and is susceptible to liquefaction. Lands in the northern and central portion of the planning area may also be subject to potential liquefaction hazards; however, groundwater is generally more than 30 feet below the surface In these locations. The Santa Rosa and Coral Reef Mountains and their slopes are underlain by bedrock and not susceptible to liquefaction. Any future development that occurs under the draft housing element would be subject to future CEOA review and consideration of potential soil -related impacts. Impacts to seismic ground failure due to the adoption of the housing element would be less than significant Iv) Landslides? Less Than Significant. Rock slides and landslides can be expected to occur on steep slopes in the south-central portion of the planning area and western region of the City. Developments at the base of the Santa Rosa and Coral Reef Mountains, where bedrock is intensely fractured or jointed, are particularly vulnerable to seismically induced rockfall. Manufactured slopes may also be subject to failure if not engineered to resist seismic groundshaking. Therefore, adequate building setbacks are necessary to provide a protective buffer between development and unstable slopes. Each development project occurring within the City limits Is required to prepare a site -specific geotechnloal study and comply with the Uniform Building Code (UBC). In addition, the City's hillside conservation zone ordinance limits development in areas with slopes greaterthan 20 percent, and defines permitted land uses in areas with slopes less than 20 percent. Adoption of the housing element would result in upzoning of some vacant and underutilized lands in the City limits to accommodate additional lower income housing units per RHNA allocation. However, these areas are already zoned residential and subject to standard environmental review process when development occurs. Therefore, site -specific landslide impacts would be addressed at the time of development and the adoption of the proposed housing element would not adversely impact the slope stability. Impacts to landslides due to the adoption of the housing element would be less than significant. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant. The Coachella Valley is highly vulnerable to wind erosion. The extreme addityofthe region and the coastal air masses that arefunneled through the San Gorgonio Pass create strong winds that transport large quantities of sand through the valley. The northern portion of the planning area is most susceptible to blowsand. Future developments anticipated by the draft housing element would Involve land disturbance that would result in soil erosion and the loss of topsoil. However, future development projects would be required to prepare erosion control plans and/or incorporate best management practices to minimize potential erosion and sedimentation impacts. The vacant and underutilized lands identified in the draft housing element are already zoned residential and the adoption of the housing element would not increase the area of disturbance. Impacts to soil erosion due to the adoption of the housing element would be less than significant Page 38 • The Planning Center Sep&ber 2 9 3. Environmental Analysis c) Be located on a geologic unit or soil that Is unstable, or that would become unstable as a result of the project, and potentially result In on- or off -she landslide, lateral spreading, subsidence, liquefaction, or collapse? Less Than Significant. Rocks and sediments that underliethe City include granite associated with the Santa Rosa Mountains, lacustrine (lake) deposits from former bodies of water in the Coachella Valley, alluvium (stream deposits) shed from local mountains, and blowing sand deposits. Granite (go functions as the foundation for regional soils. The Santa Rosa Mountains consist of hard crystalline granite. Granitic outcrops are found in steep hills and slopes in the south-central and western portions of the City. Although these rocks are generally stable, they can pose a rockfall hazard to areas that are adjacent and downslope. Quaternary conglomerate (Qc) and quaternary terrace (Qt) deposits occur on top of the granite foundation, along the margins of the valley. Surface outcrops of quaternary terrace deposits are found immediately south of Lake Cahuilla. The next layers of sediment that compose the valley floor are interbedded quaternary lake and alluvial deposits (QI/Qal). These units consist of deposits from ancient Lake Cahuilla and other large lakes, imbedded with alluvial (stream -deposited) deposits. Sand -dune deposits (Qsd) primarily occur immediately south of Highway 111. Ground subsidence is the gradual settling of the ground surface with little or no horizontal movement. Earthquakes can cause abrupt changes in the elevation of the ground surface, depending on the intensity and duration of ground shaking and the density of subsurface soils. Ground subsidence is also associated with the extraction of oil, gas, or groundwater. The draft housing element identifies opportunity areas for housing development and strategies to achieve the regional housing needs production goals. The proposed project is the draft housing element, not the Individual, subsequent housing development projects or required zone changes needed to implement the respective projects. Therefore, the proposed project would not result in any housing construction; future development that occurs under the draft housing element would be subject to CEQA review, consideration of 8B potential soil -related impacts, and any necessary improvements to ensure long-term geotechnicai stability. Impacts related to soil due to the adoption of the housing element would be less than significant. d) Be located on expansive soil, as deffned in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Less Than Significant. Expansive soils shrink or swell as the moisture content decreases or increases. Structures built on these soils may experience shifting, cracking, and breaking as soils shrink and subside or expand. The lacustrine deposits of ancient Lake Cahuilla and other large lakes that once existed in the Coachella Val ley contain significant amounts of clay. As a result, expansive soils constitute a potential hazard In areas near Lake CahuIII Ia. Any future development that occurs under the draft housing element would be subject to future CEQA review and consideration of potential soil -related Impacts. Necessary improvements to ensure long-term geotechnical stability would be required. Impacts related to soil due to the adoption of the housing element would be less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? No Impact. Although individual septic tanks are being used in some areas of the City, future residential developments that occur in conjunction with the draft housing element would be required to connect to the local sewer system provided by Coachella Valley Water District. Future developments that occur in conjunction with the proposed project would utilize the local sewer system. Therefore, no significant Impacts would result from septic tanks or other onshe wastewater disposal systems. 2008 La Quinta Housing Element Update Initial Study City of La Quinta • Page 15 0 1r 3. Environmental Analysis 17 HAZARDS AND HAZARDOUS MATERIALS a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? Less Than Significant. The draft housing element designates adequate sites for potential future residential development that could accommodate any unmet portion of the RHNA through 2014. Common household Items such as fertilizers, paint, chlorine products, and other cleaners and solvents may be considered hazardous or toxic. However, these items would be used in small amounts and would not require routine transport, use, or disposal in large quantities that could result in a significant hazard. Use of hazardous materials adjacent to residential uses is minimal and any regular use in large amounts would be subject to subsequent CEQA review and regulatory requirements. Therefore, impacts would be less than significant. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials Into the environment? Less Than Significant. Future developments anticipated by the draft housing element may be located in the vicinity of sites where hazardous materials are contained. Releases of hazardous materials may occur during a natural disaster. Likewise, improperly stored containers of hazardous substances may overtum or break, pipelines may rupture, and storage tanks may fail. However, future development projects would be subject to CEQA review and analyzed for the potential release of hazardous materials into the environment Impacts associated with hazardous materials due to the adoption of the housing element would be less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? Less Than Significant. The proposed project consists of an updated determination of housing needs in the City. The proposed project would not directly emit hazardous emissions and would not involve the handling of hazardous or acutely hazardous materials. There are schools in the City limits, but the updated housing element would not result in hazardous air emissions within one -quarter mile of these schools. Impacts associated with hazardous materials due to the adoption of the housing element would be less than signfflcanL d) Be located on a site which Is Included on a list of hazardous materials sites complied pursuant to Government code Section 85962.5 and, as a result, would it create a significant hazard to the public or the environment? Less Than Significant. No known hazardous materials sites are listed for the City. However, a project - specific records search would be required through the CWs environmental review process to confirm the absence of any known hazardous material site. Impacts associated with hazardous materials due to the adoption of the housing element would be less than significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working In the project area? Less Than Significant. The Bermuda Dunes Airport is approximately 3,000 feet north of the City of La Quinta, and Jacqueline Cochran Regional Airport is approximately 3.5 miles east of the City. The City is not Page 40 # The Planning Center '.Member -251 2DW 3. Environmental A in the airport influence policy area. Impacts from airport -related hazards due to the adoption of the housing element would be less than significant. 0 For a project within the vicinity of a private airstrip, would the project result In a safety hazard for people residing or working In the project area? No Impact. There are no private airstrips in the City of La Quints; therefore, the proposed project would not result in any significant safety hazards from activity related to a private airstrip/airport. The project would not cause safety hazards and no impact would occur. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant. An emergency operations center (EOC) is the base of operations during emergency situations and is considered a critical facility. The La Quints Civic Center building has been designated as the Clty's primary EOC, and the Senior Center has been designated as an alternative EOC. The Riverside County Administrative Centers in Riverside and Indio, which have been designated as the county's EOCs, and the county's mobile EOC may also be employed to provide assistance during an emergency. Adoption of the draft housing element would not impair operation of EOCs or physically interfere with the emergency response plan. Adoption of the housing element would have a less than significant impact on emergency response plans. h) Expose people or structures to a significant risk of loss, Injury or death Involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are Intermixed with wildlands? No Impact. According to the County of Riverside General Plan, the City of La Quints and Its vicinity have low wildfire susceptibility. The City is built out with urban uses and does not contain wildland vegetation. The project would not create any hazards arising from wildland fires, and therefore no Impact would occur. 3.8 NYDROLOGYAND WATER QUALITY a) Violate any water quality standards or waste discharge requirements? Less Than Significant. The draft housing element designates adequate sites for potential future development that could accommodate any unmet portion of the RHNA through 2014. As these potential ekes are developed, wastewater would be discharged into the local sewer system and onsfte drainage would flow into the Cfty's existing storm drain system. As part of Section 402 of the Clean Water Act (CWA), the U.S. Environmental Protection Agency (EPA) has established regulations under the National Pollution Discharge Elimination System (NPDES) program to control direct stormwater discharges. Future development would be required to comply with the NPDES program and the standards under the Colorado River Basin Regional Water Quality Control Board (Region 7). Additionally, through the City's development review process, future projects would be evaluated for potential water quality impacts. Where needed, future development projects would be required to prepare water quality plans and/or incorporate best management practices (BMP) into their construction operations to reduce potential water quality impacts. Impacts to water quality due to the adoption of the housing element would be less than significant. 2008 La Quints Houring Element Update Initial Study City of La Quinid • Page 41 252 3. Environmental Analysis b) Substantially deplete groundwater supplies or Interfere substantially with groundwater recharge such that there would be a net deficit In aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Less Than Significant. The Coachella Valley Water District (CVWD) provides water service to the City. The City's primary domestic water sources are irrigation canal water and groundwater. The anticipated development underthe draft housing element update would increase water consumption in the City as well as increase dependence on local and imported supplies of groundwater. However, the proposed project is the draft housing element, not the individual, subsequent housing development projects or required zone changes needed to implement the respective projects. Therefore, although the subsequent housing development may have adverse impact on groundwater supplies, the proposed project would have no impact on the water supplies. Any future development would be subject to CEQA review and potential Impacts to groundwater supply and recharge would be analyzed. Impacts to groundwater due to the adoption of the housing element would be less than significant. No mitigation measures are necessary. c) Substantially after the existing drainage pattern of the site or area, Including through the alteration of the course of a stream or river, In a manner which would result in a substantial erosion or siltation on- or off -site. Less Than Significant. The development discussed by the draft housing element could require substantial alteration of drainage patterns. None of the housing sites identified in the draft housing element are located within the vicinity of or would alter the course of a stream or river. Considering the and condition of the area soils, substantial erosion impact is anticipated. However, future development projects would be subject to CEQA review and would adhere to the City's standard practices designed to prevent erosion and siltation during the construction phase. Impacts to the drainage pattern due to the adoption of the housing element would be less than significant. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially Increase the rate or amount of surface runoff In a manner which would result in flooding on- or off -site? Less Than Significant. The development discussed by the draft housing element could require substantial alteration of drainage patterns. None of the housing sites identified in the draft housing element are located within the vicinity of or would alter the course of a stream or river. The majority of the City is built out and served by an established storm drainage system. Future developments may Involve changes to the existing drainage network However, any future development would be subject to CEQA review and potential drainage patterns and surface runoff impacts would be analyzed. Therefore, impacts due to the adoption of the housing element are less than significant. e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less than Significant. Approval of the housing element would result in Increased residential density in some vacant and underutilized lands in the City limits. Increased areas of impervious surfaces in the City limits would create additional sources of potentially polluted runoff. However; future development would be subject to CEQA review and would comply with the City and NPDES regulations regarding stormwater pollution prevention measures during construction and operation. Therefore, impacts from runoff water due to the adoption of the housing element would be less than significant. Page 42 • The Planning Center September 2009253 rJ3 N 3. Environmental Analysis f) Otherwise substantially degrade water quality? Less Than Significant. The draft housing element designates adequate sites for potential future development that could accommodate any unmet portion of the RHNA through 2014. Construction activities and long-term operation of the future development have the potential to degrade water quality through an increase in water pollutants, including sediments. Future projects would be evaluated on an individual basis for their potential to degrade water quality, and projects must comply with any applicable water quality standards and regulations. Impacts to water quality due to the adoption of the housing element would be less than significant. g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Less Than Significant According to the Federal Emergency Management Agency (FEMA), some areas of the City are in the 100-year flood zone. However, potential development as anticipated under the draft housing element would be evaluated on a project -by -project basis and would be required to comply with the City's building codes and regulations. No mitigation measures are necessary. h) Place within a 100-year flood hazard area structures which would Impede or redirect flood flows? Less Than SlgnHicanL See 3.8g. 1) Expose people or structures to a significant risk of loss, Injury or death Involving flooding, Including flooding as a result of the failure of a levee or dam? 88 No Impact According to the Western Coachella Valley Area Plan, the City of La Quints is not In the dam hazard zone. Adoption of the draft housing element would not expose people or structures to significant inundation impact due to the failure of a levee or dam. No impact would result from the proposed project No mitigation measures are necessary. j) Inundation by seiche, tsunami, or mudflow? Less Than Significant. A seiche Is a surface wave created when a body of water is shaken, usually by earthquake activity. Seiches are of concern relative to water storage facilities because inundation from a seiche can occur if the wave overflows a containment wall, such as the wall of a reservoir, waterstorage tank, dam, or other artificial body of water. Flood control and reservoir facilities that experience seiching could pose a threat to nearby development by failing and inundating developed lands. Lake Cahuillaand recharge basins southeast of Lake Cahuilla have the potential of seiching. However, each development project would be subject to site -specific environmental review and, K near Lake Cahuilla or recharging basins, additional analysis based on issues such as distance, intervening development, and topography would be provided. La Quints is approximately 90 miles from the nearest coastline; therefore, a tsunami does not pose a hazard to the City. No impact is anticipated. Mudflows are landslide events in which a mass of saturated soil flows downhill as a verythick liquid. Granite soil functions as the foundation for regional soils, especially near steep hills and slopes. Since granite soils have low potential for saturation, it is unlikely that housing development would be adversely impacted by mudflows. Future development projects would be evaluated on an individual basis and would be required to comply with the City's building codes and regulations. Impacts to water quality due to the adoption of the housing element would be less than significant. 2008 La Qulnta Housing Element Update Initial Study City of La Quinta • Page 43 25 Q '�t 3. Environmental Analysis 3.9 LAND USE AND PLANNING a) Physically divide an established community? No impact. Adoption of the draft housing element would result in increased housing capacity on vacantand underutilized sites through rezoning for greater density. However, identified vacant and underutilized sites are already zoned residential and the adoption of the draft housing element would not itself result in the actual housing development. Therefore, it would not physically divide a community and no impacts are anticipated. No mitigation measures are necessary. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (Including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant. The project is an update to the draft housing element of the City's general plan, and would become the new housing element upon approval by the City Council. The City of La Quinta is not within the coastal zone, and so is not subject to a local coastal program. Implementation of the draft housing element would require amendment of the zoning map and the municipal code to accommodate the unmet portion of the RHNA allocation. The housing element also proposes program and policy changes to create development standards for residential -above -commercial development. However, the adoption of the draft housing element would not itself result in housing development Future housing development as identified In the draft housing element would be subject to project -specific CEQA review, including an evaluation of conflicts with any applicable policies, programs, and regulations. Impacts associated with the adoption of the draft housing element with respect to consistency to land use plans, policies, and regulations, therefore, would be less than significant, and no mitigation measures are necessary. . c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Less Than Significant Impact. The City of La Quints lies within the Coachella Valley Multiple Specific Habitat Conservation Plan. The City is also part of the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan and a portion of the City is included in the Peninsular Bighorn Sheep Critical Habitat. Implementation of the draft housing element would require amendment to the zoning map and the zoning ordinance to accommodate the unmet RHNA allocation. However, the vacant and underutilized areas identified in the draft housing element are already designated as residential uses, and the increased development density proposed by the draft housing element would not convert any natural open space area to urban uses. Additionally, each development project would be required to comply with the applicable habitat conservation implementation plan. Impacts would be less than significant and no mitigation measures are necessary. 3.10 MINERAL RESOURCES a) Result In the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? Less Than Significant. According to the City of La Quints General Plan, a small area southwest of Lake Cahuilia Is designated as mineral recovery zone 2 (MRZ-2), indicating that significant mineral deposits are present. This site once functioned as a sand and gravel mine, but has since been converted to a residential golf course development. In addition, the Santa Rosa Mountains lie within mineral recovery zone 3 (MRZ-3), indicating the presence of mineral resources, the significance of which cannot be determined from available data. However, Santa Rosa Mountain is designated as open space and would not be impacted by the draft Page 44 • The Planning Center September 2009 u 255 3. Environmental A housing element. No additional construction is proposed in areas designated as potentially containing mineral resources. In addition, future development would be required to go through the CEQA process and any impacts would be assessed at that time. No impact is anticipated and no mitigation measures are necessary. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Less Than Significant See 3.10a. 3.11 NOISE a) Exposure of persons to or generation of noise levels in excess of standards established In the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant. The draft housing element designates adequate sites for potential future development that could accommodate any unmet portion of the RHNA through 2014. Future construction and operation activities would increase noise levelsthroughoutthe City. However, future development would be evaluated on an individual basis and would comply with City, federal, and state guidelines on vehicle noise, roadway construction, occupational noise and noise abatement, and insulation standards. Impacts from noise due to the adoption of the housing element would be less than significant. b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? Less Than Significant. It Is possible that groundborne vibration or groundborne noise would occur during the construction phase of future development projects anticipated by the draft housing element Update. Although groundborne vibration and groundbome noise are common results ofthe construction phase, each development would be subject to CEQA review and consideration of potential groundbome vibration and groundborne noise impacts. Impacts regarding noise due to the adoption of the housing element would be less than significant. c) A substantial permanent Increase In ambient noise levels in the project vicinity above levels existing without the project? No Impact. The draft housing element designates adequate sites for potential future developmentthat could accommodate any unmet portion of the RHNA through 2014. Traffic related to the future developments would result in a long-term increase in ambient noise levels. However, depending on the size of each development, this increase may be noticeable to some people but may not be substantial or significantly impact surrounding sensitive uses. Future development would be subject to CEQA review and consideration of potential noise impacts. Therefore, the impacts regarding noise due to the adoption of the housing element would be less than significant. d) A substantial temporary or periodic Increase In ambient noise levels in the project vicinity above levels existing without the project? No Impact. See 3.11c. 2008 La Quinta Homing Element Update Initial Study City of La Quinta , Page 45 EVV n 256 3. Environmental Analysis e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working In the project area to excessive noise levels? Less Than Significant. The Bermuda Dunes Airport is approximately 3,000 feet north of the City of La Quints, and Jacqueline Cochran Regional Airport is approximately 3.5 miles east of the City. There may be a potential for future projects to be exposed to excessive noise levels. The projects would be required to go through the CEQA process and comply with the airport land use plan. Impacts regarding excessive noise levels due to the adoption of the housing element would be less than significant. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. There are no private airstrips in the City of La Quinta. Future development in La Quint& would not be exposed to excessive noise levels due to a private airstrip. No impact is anticipated and no mitigation measures are necessary. 112 POPULA71ONANDHOUSING a) Induce substantial population growth In an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other Infrastructure)? Less Than Significant. The proposed project consists of an updated assessment of housing needs in the City, and involves both changes to and continuation of policies and procedures the City uses in addressing those needs. The project identifies sites in the City suitable for the development of housing and involves other efforts to facilitate the development of housing in the City. The draft housing element discusses the City's housing production goal and how the City would achieve the regional housing needs production goals. The City's RHNA housing goals are consistent with the existing general plan and SLAG regional growth projections for the City of La Quints. The draft housing element itself would not involve any development projects and would not directly result in the construction of any housing units. However, Implementation of the housing element would require zone changes to allow development of higher density housing than is currently permitted for some of the areas identified. Project -specific development to meet the goals Identified In the draft housing element however, would be subject to CEQA review, including an assessment of population and housing impacts. Adoption of the housing element, therefore, would have a less -than -significant impact and no mitigation measures are necessary. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Less Than Significant. Adoption of the draft housing element would not displace any housing, and would not involve demolition of substantial numbers of existing housing units or other structures. However, any future development projects proposed in accordance with the draft housing element would be subject to CEQA review. Therefore, the adoption of the housing element would have a less -than -significant impacL Page 46 • The Planning Center September 20n 'r 3. Environmental c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. The proposed project itself would not displace any people and would not involve demolition of any housing units or other structures. Any future projects proposed in accordance with the draft housing element would provide housing to meet the RHNA housing goals for the City. No impacts would occur. M 13 PUBLIC SERVICES Would the project result In substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental Impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: a) Fire protection? Less Than Significant. Fire protection service is provided to the City of La Quinta by the Riverside County Fire Department The fire department maintains three fire stations: Station 32 at 78136 Frances Hack lane, Station 70 (PGA West) at 54001 Madison Street, and Station 93 (North La Quints) at 44555 Adams Street Station 32 would be related to a new 7,500 square feet facility in 2010. New development anticipated to achieve the draft housing element goals would increase fire protection service needs in the City, and may require improvements to existing facilities or increases in staffing and equipment. Each future development . would be subject to CEQA review and evaluation of potential impacts to the fire department. Adoption of the housing element would not result in direct impacts to fire protection services, and therefore impacts would 88 be less than significant and no mitigation measures are necessary. b) Police protection? Less Than Significant. The City contracts with the County of Riverside to provide police services to the City. The Riverside County Sheriffs Department provides patrol officers, motorcycle officers, school resource officers, community service officers, investigators, gang task force members, a narcotics task force, a special enforcement team, a traffic reconstruction unit, and a community policing officer. The patrol division for the La Quints Police Department covers an area of approximately 35 square miles and provides service to an estimated population of 44,000 residents. Uniformed patrol officers are assigned as the initial responders for all calls for service within the City of La Quints. In 2008, the patrol division responded to 30,548 calls for service or approximately 83 calls for service per day, with an average response time of 4 minutes and 58 seconds for priority one calls. New developments anticipated to achieve the draft housing element goals would Increase police protection service needs in the City, and may require Improvements to existing facilities or increases in staffing and equipment. Each future development would be subjectto CEQA review and evaluation of potential impacts on the police department Impacts to police protection due to adoption of the housing element would be less than significant and no mitigation measures are necessary. c) Schools? Less Than SlgnificanL School services are provided by the Desert Sands Unified School District for students west of Jefferson Street and north of Avenue 48, and by the Coachella Valley Unified School District for students east of Jefferson Street and south of Avenue 48. Development of additional housing would increase the demand on schools; therefore, additional facilities and staffing would be necessary to accommodate the growth. Future development would be subject to CEQA review and impacts on school 2008 14 Quinta Housing Element Update Initial Study City of La Quinta • Page 47 N.- 258 . Environmental: facilities would be considered. Impacts to schools due to adoption of the housing element would be less than significant and no mitigation measures are necessary. d) Parks? Less Than Significant. Adoption of the draft housing element would result in additional demand on parks to accommodate the growth. Future developments would be subject to CEQA review and impacts on local park and recreational facilities would be considered. Impacts on parks due to adoption of the housing element would be less than significant. No mitigation measures are necessary. e) Other public facilities? Less Than Significant. The draft housing element designates adequate sites for potential future development that could accommodate any unmet portion of the RHNA through 2014. Future development would be subject to CEQA review and impacts on other public facilities would be considered. Impacts on other public facilities due to adoption of the housing element would be less than significant and no mitigation measures are necessary. 114 RECREATION a) Would the project Increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant. The range of parks and recreational facilities in the City includes parks, trails, and community center facilities. The proposed project consists of an updated assessment of housing needs in the City and changes to the policies and procedures the City uses in addressing those needs. The project identifies sites in the City suitable for the development of housing and involves other efforts to facilitate the development of housing in the City. The draft housing element itself would not involve any development projects and would not directly result in the construction of any housing units. Future developments anticipated by the draft housing element would be subject to CEQA review and would either be required to pay residential development fees and in -lieu fees to the City for the development and maintenance of park facilities or provide Improved parks. If fees are necessary, the amount would be determined in conjunction with the City's Community Services Department during the City's approval process for those projects. Impacts to parks and recreational facilities due to the adoption of the housing element would be less than significant. b) Does the project Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Less Than Significant. Approval of the housing element would not impact any recreational facility; however, implementation of the housing element is reliant on future development assumptions. Future development would increase the demand for parks and recreational facilities in the City. The Quimby Act allows local governments to exact the dedication of parkland or in -lieu fees or both from developers based on a standard of three acres per thousand population. The provisions of the Quimby Act apply only to neighborhood and community parks and do not include regional parks. The General Plan indicates that the City needs an additional 185.2 acres of parkland at general plan buildout. Therefore, future projects would be subject to CEQA review and would either be required to pay residential developmentfees and in -lieu fees to the Citylor the development and maintenance of park facilities or provide improved parks. If fees are necessary, the Page 48 • The Planning Center September 200s u L 5 9 3. Environmental Analysis amount would be determined by the City during the City's approval process for those projects. Impacts to recreational facilities due to the adoption of the housing element would be less than significant. 3.15 TRANSPORTAnON/TRAFFiC a) Cause an, Increase In traffic, which Is substantial In relatlon to the existing traffic load and capacity of the street system (i.e., result in a substantial Increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at Intersections)? Less Than Significant. The proposed project consists of an updated assessment of housing needs in the City. Future development to meet the housing goals would result in an increase in vehicle trips that would have the potential to affect traffic service levels and result in congestion at intersections in the City. Some of the areas identified to potentially accommodate future housing would require zone change to facilitate increased housing density. As with specific development proposals, zoning changes are discretionary actions and subject to CEQA review. The development proposals and any required zone changes would be required to evaluate potential traffic impacts in comparison to applicable level of service standards for the City of La Quints. and neighboring jurisdictions. Roadway and circulation improvements proposed as part of the entitlements and projects would also be reviewed. It should be noted that the rezoning actions would be considered as part of the City's General Plan update, which would include review of potential traffic impacts due to all proposed land use changes. Therefore, any impacts associated with traffic due to the adoption of the housing element would be less than significant b) Exceed, either Individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Development anticipated by the draft housing element could contribute to — — cumulative countywide traffic impacts. However, any future projects would be evaluated for potential traffic impacts through the CEQA process, and appropriate mitigation measures may be required. It should be noted that the rezoning actions would be considered as part of the City's General Plan update, which would include review of potential traffic impacts due to all proposed land use changes. Therefore, impacts associated with traffic due to the adoption of the housing element would be less than significant and no mitigation measures are necessary. c) Result Ina change in air traffic patterns, Including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The draft housing element itself would not involve building any structures and thus would not result in any changes to air traffic patterns or in any substantial safety risks related to aircraft traffic. Additionally, future development anticipated underthe draft housing element would comply with the airport land use plan and would not result in changes to air traffic patterns. Therefore, no impact would occur. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant The increased amount of traffic and turning movements associated with the increased housing development would Increase hazardsto motorists, pedestrians, and bicyclists. The draft housing element itself would not involve building any structures. At the time of a zoning change or development proposal, each project would be evaluated through the City's environmental review process. Where needed, appropriate mitigation measures would be required. Adoption of the housing element would have a less -than -significant impact and no mitigation measures are necessary. 2008 La Quinta Housing Ekment Update Initial Study City of 14 Quinta • Page 49 .a- 260 3. Environmental e) Result in Inadequate emergency access? Less Than Significant. Any future development that is anticipated under the draft housing element would be required to conform to traffic and safety regulations that specify adequate emergency access measures. However, because adequate emergency access is impossible to determine with any precision without specific details regarding each development, any future development would be evaluated to determine adequacy of emergency access on a project -by -project basis. Impacts regarding inadequate emergency access due to the adoption of the housing element would be less than significant. f) Result in inadequate parking capacity? Less Than Significant. Development of residential dwelling units is anticipated under the draft housing element. Future development would be evaluated to determine adequacy of parking and would be required to comply with City parking standards. Therefore, Impacts associated with parking due to the adoption of the housing element would be less than significant g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Less Than Significant. Public transit service is provided to the City of La Quinta by the Sunline Transit Agency, and there are existing bicycle routes and shared routes within the City. The City is also developing golf cart routes and design guidelines. The project itself would not have any significant impact on facilities for alternative transportation, such as bus turnouts or bicycle racks. However, any future development would comply with adopted policies, plans, or programs that support alternative transportation. Impacts to adopted policies, plans, or programs due to the adoption of the housing element would be less than significant. 3.16 UTILITIES AND SERVICE SYSTEMS a) Exceed waste water treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant. The CVWD provides sewage collection and treatment service for the City. Wastewater collected north of Miles Avenue Is conveyed to the CVWD water reclamation plant (WRP) No. 7 at Madison Street and Avenue 38. Wastewater from the remaining area is conveyed to the WRP No. 4 on Avenue 63, between Fillmore and Pierce Streets. Wastewater treatment at the CVWD facility is required to meet applicable regional water quality control board standards. Through the City's environmental review process, future development would be evaluated for potential impacts to wastewater treatment facilities. Where needed, appropriate mitigation measures would be required to reduce potential impacts. Impacts to wastewater treatment due to adoption of the housing element would be less than significant. b) Require or result in the construction of new water or wastewater treatment facllitles or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant. The City's sewage is diverted to two water reclamation plants, WRP No. 7 and WRP No. 4. WRP No. 4 is a 7-million-gallon-per-day (mgd) treatment facility in Thermal and is planned for expansion in the near future to 9.9 mgd. WRP No. 7 is a 5 mgd secondary treatment facility wfth a current tertiary treatment capacity of 2.5 mgd. CVWD plans to expand its tertiary treatment capacity to 7.5 mgd. The draft housing element identifies adequate sites for potential future development that could accommodate any unmet portion of the RHNA through 2014. Additional residential development in the City would increase the wastewater treatment demand in the City and could require expansion or construction of wastewater Page 50 • The Planning Center September 2009 3. Environmental conveyance and treatment systems. Each development proposal would be required to prepare asite-specific evaluation to demonstrate the adequacy of the existing sewer system incoordination with CVWD. Anyfuture projects would be required to consult with CVWD to estimate the level and type of demand to determine the significance of impacts to existing and planned levels of service and to develop measures to avoid or reduce potentially significant impacts to less than significant. The impacts would be less than significant. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant. The CVWD operates and maintains regional stormwater management facilities extending from Cathedral City to Salton City, including the City of La Quints. The backbone of the CVWD stormwater system is 25 miles of naturally occurring Whitewater River bed. Because the river spreads across the lower valley during flooding, it was channelized. It is the Coachella Valley Stormwater Channel downstream from Point Happy in La Quints near Highway 111 and Washington Avenue. The riverbed and 24.5-mile channel are fed by several smaller channels, dikes, and levees designed and builtto collect rapidly moving floodwater as it pours from the adjacent mountains onto the valley floor. Within CVWD% boundaries there are 16 stormwater protection channels. These and other facilities have a length of 133 miles. Existing storm drain lines would be utilized by future developments proposed by the draft housing element. Future development could Increase the amount of stormwater runoff over the long term as a result of increases in impervious surfaces, which may require alteration to existing stormwater drainage facilities in the area. However, any future project would be subject to CEQA review and consideration of any potential impacts on stormwater drainage facilities. impacts to stormwater drainage facilities due to the adoption of the housing element would be less than significant and no mitigation measures are necessary. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than Significant. The principal water supplies of the Coachella Valley are local groundwater and Colorado River water imported through the Coachella Canal. According to the CVWD's 2005 urban water Management Plan, by 2015 CVWD is projected to receive approximately 60 percent of its water from the Coachella Canal, 22 percent from the groundwater, 12 percent from the State Water Project, and approximately 6 percent from recycled and desalinated sources. The draft housing element would allow Increased residential density in the City and therefore generate additional water demand. However, adoption of the housing element itself would not result in actual construction. Future development would be subject to CEQA review and would need to demonstrate water availability. Impact on water supplies due to the adoption of the housing element would be less than significant. e) Result In a determination by the waste water treatment provider, which serves or may serve the project that It has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant The CVWD provides wastewater treatment for the City. The City's sewage is diverted to WRP No. 4 and WRP No. 7. Future development would be required to comply with the CEQA process to determine the type and significance of impacts to existing and planned levels of service and to develop measures to avoid or reduce potentially significant impacts to less than significant, if possible. Impacts on the capacity for wastewater treatment due to the adoption of the housing element would be less than significant. 2008 La Quinta Housing Element Update Initial Study City of La Quinta • Page 51 N 262 1) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant. The City of La Quints contracts with Burrtec Waste and Recycling Services for solid waste hauling and disposal. The predominant receiving landfill is the Lamb Canyon Sanitary Landfill at 16411 State Route 79 in the City of Beaumont, Riverside County. Other landfills in Riverside County used bythe City are the El Sobrante Landfill in Moreno Valley and Badlands Sanitary Landfill. The Lamb Canyon Sanitary Landfill has a permitted maximum disposal capacityof 3,000 tons per day and is scheduled to close in 2023. The additional residential density allowed by the draft housing element would increase solid waste disposal needs. However, the proposed project would not result in actual construction. Therefore, impacts regarding solid waste due to the adoption of the housing element are less than significant and no mitigation measures are necessary. g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Any future development would comply with federal and state laws regulating solid waste disposal. No adverse impact would occur, and no further analysis of this issue is required. X17 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No Impact. The proposed project is located in the City of La Quints. Adoption of the draft housing element itself would not result in the actual physical development of residential units. Therefore, no significant biological or historical impacts are anticipated to result from implementation of the proposed project. No mitigation measures are necessary. b) Does the project have impacts that are Individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed In connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less Then Significant. The proposed project involves the implementation of the draft housing element for the City of La Quinta. The draft housing element is a policy document designed to assist the City in future planning and would not result in the actual development of residential units. Through the City's environmental review process, future development projects would be evaluated for potential cumulative impacts at the time of actual zone change or project development. Therefore, no significant cumulative impact is anticipated and no mitigation measures are necessary. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or Indirectly? Less Than Significant. The draft housing element is a policy document designed to assist the City in future planning. Through the City's environmental review process, future development projects would be evaluated for potential cumulative impacts. Where needed, appropriate mitigation measures would be required. to reduce potential impacts to a level of less than significant. No mitigation measures are necessary. Page 52 • The Planning Center September 2,009 b 3 a L 4. References California Department of Transportation (Caltrans). California Scenic Highways Mapping System. http://www.dotca.gov/hq/LandArch/soenic_highwaysfindex.htm. Caldomia Geologic Survey (CGS). Alquist-Priolo Earthquake Fault Zones. California Department of Conservation. http://www.conservation.ca.govtcgs/rghm/ap/Pages/affwWd.aspx. California Integrated Waste Management Board (CIWMB)_ Jurisdiction Profile for City of La Quinta. Active Landfills: Profile for Lamb Canyon Sanitary Landfill (33-AA-0007). http://www.ciwmb.ca .gov/Profiles/Facility/LandfiliA.FProfilet .asp?COID=33&FACID=33-AA-0007. La Quints, City of. 2002, January. Draft Comprehensive General Plan. 2001, March. Draft Master Environmental Assessment Southern California Air Quality Management District (SCAQMD). Facility INformation Detail (FIND). http://www.agmd.gov/webappVpubinfo/mapviewer.aspx. State Water Resources Control Board (SWRCB). GeoTracker. http://geatracker.swrcb.ca.gov. 2008 La Quinta Hooting Element Update Initial Study City of La Quintab• Page 3 264 4. References This page intentionally left blank. Page 54 • The Planning Center September 2009 S. List of Preparers JoAnn Hadfield • BS, Urban Planning, Universityof Utah Director, Environmental Services • BS Coursework, Civil Engineering, California State University, San Diego Elizabeth Kim + BS, Environmental Analysis and Associate Planner Design, University of California, Irvine IVIS, Urban and Regional Planning, University of California, Irvine, 2001 2008 La Quintet Housing Element Update Initial Study City of La Quinta • P a e,55 266 S. List of Preparers This page intentionally left blank. Page 56 • The Planning Center Septem4er 20092 61 RESOLUTION 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A GENERAL PLAN AMENDMENT UPDATING THE CITY'S HOUSING ELEMENT CASE NO: GENERAL PLAN AMENDMENT 2008-118 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta did, on the 2nd day of August, 2011, hold a duly noticed Public Hearing to consider the Planning Commission recommendation on General Plan Amendment 200&118, for the La Quinta Housing Element Update (hereinafter, ,"Project"); and, WHEREAS, the City Council of the City of La Quinta, California did, on the 2ntl day of November 2004, adopt Resolution 2004-128, approving a comprehensive update of the La Quinta General Plan Housing Element for the City, pursuant to Sections 65580 et seq of the California Planning and Zoning Law; and, WHEREAS, the Planning Commission of the City of La Quinta did, on the 261n day of July, 2011, hold a duly noticed Public Hearing to consider the proposed Project; and, WHEREAS, it is recognized that said General Plan Housing Element, being the current effective Housing Element for the City, requires revision and update to assure.compliance with current State laws and regulations, WHEREAS, the General Plan Housing Element contains an assessment of housing needs and an inventory of resources and constraints to meeting those needs as required by Section 65583(a) of the Government Code; and, WHEREAS, the General Plan Housing Element contains a statement of the community's goals, quantified objectives, and policies to achieve the objectives of the element as required by Section 65583(b) of the Government Code; and, WHEREAS, the General Plan Housing Element contains a program which sets forth an annualized schedule of actions to implement the policies and achieve the objectives of the Housing Element as required by Section 65583 (b) of the Government Code; and, WHEREAS, the City's unique population characteristics, economic conditions, housing conditions, residential density objectives and Redevelopment 268 Resolution 2011- General Plan Amendment 200&118 La Quinta Housing Element Update August 2, 2011 Agency financial resources were considered in the preparation of the General Plan Housing Element update; and, WHEREAS, the General Plan Housing Element has been submitted to the Department of Housing and Community Development for review and comment; and, WHEREAS, the City has considered the findings made by the Department of Housing and Community Development and other entities and persons that have provided written and oral comment to the City and the Department of Housing and Community Development; and, WHEREAS, said General Plan Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Planning Department has conducted an Initial Study (Environmental Assessment 2008-599), and determined that the Housing Element will not have a significant impact on the environment and a Negative Declaration of environmental impact is recommended for certification; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approval of said General Plan Amendment: 1. The General Plan Housing Element update is internally consistent and consistent with the other elements of the General Plan, and reflects updated information regarding the City's current and anticipated conditions. The General Plan Housing Element is compatible with land use designations in the Land Use Element and other elements of the General Plan. Revisions to land use standards as proposed in the General Plan Housing Element will need to be studied as part of the 2009 General Plan Update process. 2. The General Plan Housing Element update will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting programs and policies are designed to improve the preservation and development of housing resources. 3. The General Plan Housing Element update addresses changes in specific circumstances and changes in general conditions since the adoption of the previous Housing Element, as well as changes in State housing law. Resolution 2011- General Plan Amendment 2008118 La Qulnta Housing Element Update August 2, 2011 4. The City is required by State law to update its Housing Element on an approximately eight -year cycle and the General Plan Housing Element update has complied with this mandate. 5. The City has considered all comments made by the Department of Housing and Community Development and has made revisions to the draft General Plan Housing Element update in response to the comments received from the Department of Housing and Community Development. 6. The updated General Plan Housing Element substantially complies with the provisions of California's Planning and Zoning Law, as codified under California Government Code sections 65580 at seq. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve the above -described General Plan Amendment, incorporating the General Plan Housing Element Update, for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held this 2nd day of August, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Resolution 2011- General Plan Amendment 200&118 Le Quinta Housing Element Update August 2, 2011 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney 2�1 CTATE OF CAI IFORNIA BUSINESS TRA^ conRTATIQN AND HOUSING AGENCY MMUNO G BROWN JR Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 �"L', P. O. Box 952053 I LC u l� ���I Sacramento, CA 94252-2053 I d (916) 323-3177 / FAX (916) 327-2643. ��i w .hcd.ca.gov i MAY 13 201f I I CITY OF LA QUIKTA May 10, 2011 Mr. Les Johnson Planning Director City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Dear Mr. Johnson: ATTACHMENT 1 RE: Review of the City of La Quinta's Revised Draft Housing Element Update Thank you for submitting La Quinta's revised draft housing.element received for review on March 18, 2011 along with draft revisions received May 5, 2011. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). Conversations with you and Mr. Wally Nesbit, City Planner, facilitated the review. The revised draft element addresses the statutory requirements described in the Department's October 12, 2009 review. For example, the element now identifies adequate sites demonstrated by Program 1.5 to establish an Affordable Housing Overlay (Overlay) applied to approximately 128 acres of CC, CN, CP RC and VC residentially zoned sites identified in Tables C-1 and C-2 by July 1, 2012 to accommodate La Quinta's regional housing need of 1,213 units affordable to lower -income households. The Overlay will allow multifamily uses by -right at minimum densities of 20 units per acre. In addition, Programs 2.7 and 3.5 commit La Quinta to provide additional incentives and encourage lot consolidation, reduce fees and expedite processing to facilitate multifamily development affordable to lower -income households. Program 2.5 specifically commits the City to develop collaborative partnerships with developers to encourage and facilitate the development of housing affordable to lower -income households, including financial assistance to support projects to maximize leveraging of private, State, federal and local resources. As a result, the revised element will comply with State housing element law (Article 10.6 of the Government Code) when these revisions are adopted and submitted to the Department, pursuant to Government Code Section 65585(g). a 2�2 Mr. Les Johnson Page 2 The Department especially appreciates the hard work and dedication of Mr. Nesbit in preparation of the housing element and throughout the course of its review and looks forward to receiving La Quinta's adopted housing element. If you have any questions or need additional technical assistance, please contact Jennifer Seeger, of our staff, at (916)322-4263. Sincerely, len�k A. Campora Assistant Deputy Director cc: Wally Nesbit, Planner, City of La Quinta ��_ 213 ATTACHMENT 2 Cn J Q 0 (D c i. a OR N a ,^-i o � 0 o 0 41 c U N rn N p ^ e c 7 O � U' fo E 3 Q O o O Q O Q °O (�O ' e c M J p O 'p N 0 N N In�' v J O O ''� O" Q v O cm om •rA Z O p c ma`s 0'CLN-0 fa i cv M? .4!; �O J E •� CD c:) LL Z ATTACHMENT 3 Accommodating the RHNA RHNA 1,789 796 1 1,741 1 4,327 Constructed/Approved 576 569 1 4,530 1 5,675 Balance 1,213 227 0 (+•2,789) 1,440 Currently Zoned Residential Uses Vacant RL 0 0 39 39 Vacant RM 0 0 128 128 Vacant CP/CR 0 190 191 381 Vacant VC 0 52 52 104 Underutilized RM 0 274 410 684 Underutilized RMH 0 196 196 392 Underutilized VC 0 50 1 51 ill Second Units/Guest Houses 500 0 0 500 Subtotal 500 762 1,067 2,339 Additional Residential Capacity obtained through Affordable Housing Overlay Vacant RMH 280 0 0 280 Vacant CP/CR/CN/CC 773 0 0 773 Underutilized RM 344 0 0 344 Underutilized RMH 394 0 0 394 Underutilized CN/VC 187 0 0 187 Subtotal 1,978 1 0 0 1,978 Subtotal Capacity for Balance of RHNA 2,478 762 1,067 4,317 Total Capacity 3,054 1,331 5,597 9,992 Note: Figures subject to rounding. Assisted projects on vacant and underutilized lands could also have the potential to provide housing for extremely low income households should the eligibility range include households earning 0 to 30 percent of the AMI. The number of constructed and approved projects represents active projects in the City of La Quinta that have been constructed after January 1, 2006 or are expected to be constructed during the 2006-2014 planning period. Some of the units restricted to very low income households may be inhabited by households earning 0 to 30 percent of the Area Median Income (AMI), known as extremely low income households. z The affordability levels of future second units/guest houses is an estimate based on a rents survey and City policies. For example, if all of the units are guest houses they will be affordable to extremely low income households, since they must be provided free of rent, per the Municipal Code ATTACHMENT 4 SITES PROPOSED FOR SPECIFIC REZONING AND AHO: ➢ Vacant Site #2 — a 21.4 acre parcel on the south side of Avenue 58, sharing the west boundary of Andalusia. Current GP land use / zoning: LDR/RL. Proposed: MDR/RM ➢ Underutilized Site #U1 — a 4.9 acre parcel on the north side of Darby Road, east of Palm Royale Drive. Current GP land use / zoning: LDR/RL. Proposed: MDR/RM with AHO ➢ Underutilized Site #U2 — a 4.8 acre parcel on the south side of Darby Road, east of Palm Royale Drive (TT 31087). Current GP land use / zoning: LDR/RL. Proposed: MDR/RM with AHO ➢ Underutilized Site #U4 — a 6.1 acre parcel on the north side of Avenue 52, east of Jefferson Street (Price's Nursery). Current GP land use / zoning: LDR/RL. Proposed: MDR/RM ➢ Underutilized Site #U8 — Eleven parcels comprising approximately 19.6 acres, along the east side of Dune Palms Road between Westward Ho and the Whitewater Channel (RDA holdings and existing mobile home park). Current GP land use / zoning: MDR/RM. Proposed: MHDR/RMH with AHO SITES WITH AHO TO BE APPLIED: ➢ Vacant Site #3 — an 11.7 acre parcel at the northeast corner of Avenue 52 and Jefferson. Current GP land use / zoning: NC/CN. ➢ Vacant Site #4 — a 3.0 acre parcel on the east side of Washington and south of Avenue 47. Current GP land use /zoning: CC/CC. ➢ Vacant Site #5— a 15.7 acre parcel on the north side of Highway 111, west of Dune Palms (Mannino property). Current GP land use / zoning: RC & CP/CR & CP. ➢ Vacant Site #6 — an 11.0 acre parcel within the 11 La Quinta Center, norh side of Highway 111 between Washington and Adams. Current GP land use / zoning: RC/CR. ➢ Vacant Site #16 — 15.7 acres in two parcels, within the Washington Park Center, northeast corner of Washington and Avenue 47. Current GP land use / zoning: RC/CR. ➢ Vacant Site #17 — 20.2 acres along east side of Adams, south of Nissan and Hyundai dealers. Current GP land use / zoning: RC/CR. ➢ Underutilized Site #U3 — a 7.5 acre parcel at the southeast corner of Avenue 50 and Washington (La Paloma south Y=). Current GP land use / zoning: MDR/RM ➢ Underutilized Site #U9 — an 8.5 acre parcel at the southeast corner of Avenue 50 and Jefferson. Current GP land use / zoning: NC/CN ➢ Underutilized Site #U10 — a 5.1 acre parcel north of Tampico and adjacent to Embassy Suites. Current GP land use / zoning: VC/VC a, 04 TA oy � F y - r OF Tk� COUNCIL/RDA MEETING DATE: August 2, 2011 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions 1) Certifying a Mitigated Negative Declaration of Environmental Impact; and, 2) Approving a Tentative Tract Map for 11 Lots on 9.14 Gross Acres; Located at the Southwest Corner of Madison Street and Avenue 51 (a.k.a. Vista Bonita Trail) Applicant: Pedcor Commercial Development, RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Z" Adopt a Resolution of the City Council, certifying a Mitigated Negative Declaration of Environmental Impact, and associated Mitigation Monitoring Program, for Environmental Assessment 2010-608. Adopt a Resolution of the City Council, approving Tentative Tract Map 36279. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: General Plan Designation of Site VLDR - Very Low Density Residential Zoning of Site RVL/EOD - Low Density Agriculture/Equestrian Overlay District " 2 7.7 Surrounding Zoning/Land Uses North: RVL/EOD: Single Family Estate Homes/Lots South: RVL/EOD Citrus orchard/TTM 33085 site East: City Of Indio El Dorado Polo Club Facilities West: RVL/EOD Single Family Estate Homes/Lots Environmental Consideration The La Quinta Planning Department has prepared Environmental Assessment 2010- 608 for Tentative Tract Map 36279, in compliance with the requirements of the California Environmental Quality Act Of 1970, as amended (CEQA). The Planning Director has determined that with mitigation the project will not have a significant adverse impact on the environment and therefore recommends a Mitigated Negative Declaration of Environmental Impact and associated Mitigation Monitoring Program be certified. General The project site is at the southwest corner of Madison Street and Avenue 51, also known as Vista Bonita Trail) (Attachment 1). The Tentative Tract Map (TTM) (Attachment 2) proposes the subdivision of 9.14 gross acres into 11 single family home lots, as well as landscaped areas, a retention basin and private street system. Access to the project site will be via Beth Circle, which is a public street that connects to Madison Street, approximately 550 feet south of Avenue 51 /Vista Bonita Trail. The proposed project landscaping plans can be found at Attachment 3. The site was partially developed under TTM 30378 (The Orchard), which was approved as an 8-lot subdivision on June 18, 2002. Beth Circle and Evangeline Way were constructed without City permits or inspections, and City staff worked with the then -owner to maintain the entitlement and sign off the improvements. However, the developer lapsed on certain obligations during the final map process, and the map was deemed to have expired in April 2008. The site has also been developed with water and sewer lines, several internal property line walls, perimeter walls including an approximate 6-foot high split -face block wall along Madison Street, and an approximately 1,500 square foot agricultural equipment garage/storage structure that was permitted in 2001 and built in 2002 (Attachment 4). This structure exists as a legal non -conforming use (i.e. accessory structure with no principal use). Beth Circle is currently a public street; however, it is proposed to revert to a private street, and will also provide reciprocal access to an existing approved tentative map to the south (TTM 33085). Both developers would like to retain these streets as built, to be privately maintained and gated. An existing wall surrounds the property ,.u,, 278 on the north, east, west, and portions of the south property lines, and is intended to remain as part of the proposed project, in conjunction with TTM 33085. Project Description The proposed subdivision consists of 11 single family estate -sized lots varying in size from 24,305 square feet (0.56 acres) to 29,423 square feet (0.68 acres), on 9.14 acres (Attachment 5). Tract access will be provided from Madison Street via Beth Circle. Madison Street is designated as a four -lane Primary Arterial under the La Quinta General Plan, and includes a multi -purpose path in its design. As previously noted, Beth Circle is currently a public street, but would be changed to private street access through the map recordation process. Beth Circle will ultimately be gated but will also provide shared access with TTM 33085, which was approved in December 2005 and is still valid due to prior automatic extensions under SB 1185 and AB 333. The streets leading into the tract include raised decorative median island designs, to be planted in accordance with the proposed landscape plan. Beth Circle is designed as a 60- foot Right -of -Way (ROW) with 18-foot wide staggered median islands, and will incorporate a standard 6" curb as it enters off Madison, transitioning to a wedge curb design just inside the entry gates. Beth Circle then terminates into a north/south street labeled as Evangeline Way. (It is noted here that these street names were approved under TTM 30378, but will need to be reviewed again during plan, check for use with this tract). Evangeline Way is designed as a 62-foot ROW, also with 18-foot wide staggered median islands. It extends north from Beth Circle, bisecting the site and providing street frontage to the 11 lots. The street system is basically designed in accordance with the existing street improvements on the site. The proposed tract abuts existing rear yards of lots on the west property lines, which are part of the area originally called La Quinta Polo Estates (Tract 21176 recorded March 1987). The project site, along with the Polo Estates area (a.k.a. Green Valley Ranches), was part of a larger annexation to La Quinta in 1991; the Polo Estates area itself consists primarily of 1.5 to 2.5-acre lots. The west boundary of the site abuts two such lots: Lot 20 (2.11 ac) and Lot 21 (1.75 ac), as shown on the map exhibit. The proposed pads for the project site generally lie 2 to 3 feet below these properties. The applicant proposes a turf -free landscape design, with a variety of desert -typical trees and shrubs as part of the tract and retention basin landscaping. Thirty-nine Citrus trees will be used as the thematic landscape feature, to be relocated on site to their plan locations along Madison Street, the retention basin and internal medians. Fan Palm species (8-12 feet in height) will be clustered primarily at the tract entry and retention basin. A second common area lot (Lot F) is proposed at the north end of the tract, which will serve as an aesthetic focus at the end of Evangeline Way. This lot currently has an inoperative rock water feature which the "• 279 rr •- •• ^•--•-----�.- •..•a..a. ...av av vanmv, nWVVVVVl, IL 10 IIVI IUCIIUIICU d5 Pdrt of,the proposed landscape plan. Analysis Land Use Considerations — The City Land Use Plan allows up to two units per acre for this site, under the Very Low Density Residential land use category. During public hearings in November 2005 on the adjacent TTM 33085, some Polo Estates residents voiced concerns that the proposed density was too high for the area (TTM 33085 has a density of 1.6 units per acre). TTM 30378 had been approved in 2002, at a density of 0.87 units per acre, with similar concerns being voiced. The density of this tract is 1.2 units per acre, within the limits of the designated land use. While the density of the adjoining La Quinta Polo Estates is generally 0.5 unit per acre, several projects have developed around it at relatively higher densities, as discussed below. The Polo Estates area is a unique development that existed prior to the City's annexation of the area, is a restricted -access development, and is governed by established covenants that prevent any owner from creating 20,000 square foot lots, which would otherwise be permissible under the City Zoning Code as constituted. The proposed project density represents an appropriate transitional land use within the Very Low Density Residential category; in consideration of the varying residential densities in the surrounding area, and how they interface at their boundaries. For example, the La Cantera subdivision, approved in 2003, abuts the southwesterly Polo Estates boundary and is constructed at an approved density of about 3 units per acre, 51 of the 60 lots range in size from 7,200 to approximately 9,500 square feet; the nine remaining lots range from approximately 10,000 to 16,000 square feet. Tract 31852 is located at the northwest corner of Avenue 52 and Madison, with lot sizes averaging approximately 20,000 square feet Development standards in the Zoning Code require that structure heights be limited to one story/22 feet for any buildings within 150 feet of a General Plan -designated image corridor. The intent of this is to maintain a measure of the lower density character consistent with surrounding properties, as well as to reduce noise impacts from arterial streets. When TTM 33085 was approved, adjacent to the south of this site, this standard was applied to all seven lots within the tract. While the Planning Commission did not choose to apply the height limit on all lots within TTM 36279, the restriction was applied in part to the north and west tract boundaries to insure a similar consistency for this map. Adjacent TTM 33085 — This tract is situated immediately south of the proposed project site. It was approved on December 4, 2005, while TTM 30378 remained valid, and was designed to share access from Beth Circle, which is currently a public street. Both TTM 33085 and TTM 30378 were designed based on Beth Circle becoming a private street, upon recordation of TTM 30378. a. 280 However, with the expiration of TTM 30378 in 2008, Beth Circle has remained a public street, which dictates certain improvement requirements that are inconsistent with the existing approved conditions for TTM 33085, currently in process for an extension application. The conditions for TTM 36279 have been prepared in consideration of the requirements currently in place for TTM 33085. Should the proposed TTM 36279 be approved, the existing improvement conditions for TTM 33085 would then be consistent with the approval for TTM 36279. Existing Improvements — There are several existing on -site improvements, including streets, curbs, interior and perimeter walls, and one accessory, structure. The existing street system will need to be field verified against new street improvement plans pursuant to Public Works submittal requirements. Improvement plans were prepared and approved, but the actual improvements were installed without permits or inspections in 2003. The approval conditions constitute current City standards which will need to be verified as being met if the improvements are to remain in place. There are several internal and perimeter walls that were constructed and are generally in sound condition. It is uncertain whether permits were granted for any of these walls. Staff has provided a condition which requires a master wall plan to be submitted for staff review, which would need to address all existing and proposed walls to verify what would remain, be modified or removed. The existing equipment and storage garage structure was permitted by the City but is currently considered an established non -conforming use, as there is no primary use (i.e. single-family home) associated with it. Research uncovered references in the building permit file to indicate that zoning approval for this structure was administratively granted, but no written record of such approval was found. As the building is structurally sound and was legally permitted, the structure can remain if inspected by Building and Safety, and all applicable non-structural development zoning standards, such as lot coverage, would be enforced. Historic Preservation Commission Action On January 20, 2011, the La Quinta Historic Preservation Commission (HPC) unanimously accepted the Paleontological Sensitivity Assessment Report for TTM 36279, under Minute Motion 2011-001, as recommended by staff. The HPC concurred with the report recommendations to monitor the site for paleontological resources, and the Planning Commission did incorporate those measures into the conditions of approval. Minutes from the HPC meeting have been attached for reference (Attachment 6)• ,.u.:: 281 Planning Commission Action The Planning Commission reviewed this request at its meeting of July 12, 2011 (Attachment 7). Mr. David Turner of CV Engineers represented the applicant and expressed concerns in regard to Conditions 110 and 112 as proposed by staff, regarding height limitations and restriction on use of the accessory building on proposed Lot 6. Discussion ensued with a consensus determination to revise these two conditions to address the applicant's concerns. Following the public hearing and deliberations, the Planning Commission adopted Resolutions 2011-009 and 010, recommending certification of the Environmental Assessment, as well as approval of the Tentative Tract Map, subject to Conditions of Approval, with modifications to Conditions 110 and 112. The Planning Commission accepted the recommendations of the Architecture and Landscaping Review Committee (ALRC), which have been incorporated as approval Condition 87. The Planning Commission action included a staff clarification of Item 1 above, to require all Citrus trees to be a minimum 2.0 inch caliper size. Environmental Review Environmental Assessment 2010-608, as prepared for TTM 36279, adequately addresses all environmental impacts as required under the California Environmental Quality Act of 1970 (CEQA), as amended. A Notice of Intent to Adopt a Mitigated Negative Declaration was published and circulated as required under CEQA, with no comments being received. Certification of a Mitigated Negative Declaration for this project includes mitigation measures incorporated into the Mitigation Monitoring program. These measures relate to Noise (sound wall requirements), Biological Resources (Burrowing Owl survey) and Cultural resources (monitoring requirements) which will ensure the project will not have a significant adverse impact on the environment. Public Notice and Agency Review Staff circulated the project to solicit review comments from public agencies and City Departments on September 23, 2010. A public hearing notice for this request was published in The Desert Sun newspaper on July 22, 2011. A copy of the published notice request was mailed to all surrounding property owners within 500' of the site, as well as all applicable public agencies. Staff did meet with one Polo Estates resident who questioned the density of the proposed map. No other comments from the public have been received as of the preparation of this staff report; any subsequent comments which are received prior to the meeting will be presented to the City Council u,. .282 FINDINGS AND ALTERNATIVES Findings to certify Environmental Assessment 2010-608 and approve Tentative Tract Map 36279 can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt Resolution 2011 - —, certifying a Mitigated Negative Declaration of Environmental Impact, and associated Mitigation Monitoring Program, for Environmental Assessment 2010-608; and, Adopt Resolution 2011-_, approving Tentative Tract Map 36279; or 2. Do not adopt Resolution 2011-_, certifying a Mitigated Negative Declaration of Environmental Impact, and associated Mitigation Monitoring Program, for Environmental Assessment 2010-608; and, Do not adopt City Council Resolution 2011 --, approving Tentative Tract Map 36279; or 3. Provide Staff with alternative direction. Respectfully submitted, A�.sti Les Johnson, Planning Yrector ved for submission is P. Genovese, City Manager Attachments: 1. Location Map 2. Tentative Tract Map Exhibit (City Council Only) 3. Landscape Plan Exhibit (City Council Only) 4. Site Photos 5. Tentative Tract 36279 Layout - 6. HPC Minutes of January 20, 2011 7. Planning Commission Minutes of July 12, 2011 u ; 283 RESOLUTION 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ASSOCIATED MITIGATION MONITORING PROGRAM (MMP) FOR TENTATIVE TRACT MAP 36279 CASE NO: ENVIRONMENTAL ASSESSMENT 2010-608 APPLICANT: PEDCOR COMMERCIAL DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did, on the 2nd day of August, 2011, conduct a duly -noticed public hearing to consider certification of a Mitigated Negative Declaration, and associated Mitigation Monitoring Program.(MMP), for Environmental Assessment 2010-608, prepared for Tentative Tract Map 36279, a request to subdivide t 9.14 acres into eleven single-family residential lots and several lettered lots, located on the southwest corner of Madison Street and Avenue 51 (Vista Bonita Trail), more particularly described as: BEING PARCELS 1, 2, A PORTION OF PARCEL 3, AND PORTIONS OF LOTS B, C, AND D OF PM 16457, MAP BOOK 100, PAGE 48 OF MAPS, IVERSIDE COUNTY WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 12' day of July, 2011, conduct a duly -noticed public hearing to consider adoption of a recommendation on Environmental Assessment 2010-608 and did, in fact, recommend certification of said Mitigated Negative Declaration and associated MMP; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, City Council Resolution 83-63, in that the Planning Director has conducted an Initial Study (Environmental Assessment 2010-608) and has determined that, although the proposed Tentative Tract Map 36279 could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of environmental impact and Mitigation Monitoring Program should be filed; and, WHEREAS, the Planning Department published a City Council public hearing notice for this request in The Desert Sun newspaper on July 22, 2011, as prescribed by the La Quinta Municipal Code, with public hearing notices also having been mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said ..N.284 Resolution 2011- Environmental Assessment 201a608 Pedcor Commercial Development August 2, 2011 City Council did make the following findings to justify their certification of said Environmental Assessment: 1. The proposed Tentative Tract Map 36279 will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards when considering the required mitigation measures to be imposed. 2. Tentative Tract Map 36279 will not have the potential to substantially reduce or cause the habitat or of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. The site has been identified as having the potential for paleontological resources. However, mitigation measures have been incorporated which will reduce these potential impacts to a less than significant level. In addition, the site may be suitable habitat for the burrowing owl, and a pre -construction survey for the species has been required. 3. There is no evidence before the City that the proposed Tentative Tract Map 36279 will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. A pre -construction survey for the burrowing owl species will be completed to determine if any members of that species exists on the site, with appropriate mitigation to be identified and carried out prior to any construction. 4. The proposed Tentative Tract Map 36279 will not have the potential to achieve short term goals, to the disadvantage of long-term environmental goals, as no significant environmental effects have been identified by the Environmental Assessment. The proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. 5. The proposed Tentative Tract Map 36279 will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that development activity in the area has been previously analyzed as part of the project approval process. Cumulative project impacts have been considered and mitigation measures proposed in conjunction with approval of those projects, and development patterns in the area will not be significantly affected by the proposed project. The development of eleven 'residential lots will not. have any significant cumulative impact and is consistent with the General Plan Land Use Map. u. 285 Resolution 2011- Environmental Assessment 2010608 Pedcor Commercial Development August 2, 2011 6. The proposed Tentative Tract Map 36279 will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates land uses that are substantially similar to those already assessed under ultimate development of the La Quinta General Plan. No significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that Tentative Tract Map 36279 may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2010-608 and determined that it reflects the independent judgment of the City. 9. A Mitigation Monitoring Program (MMP) has been prepared, associated with Environmental Assessment 2010-608. 10. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 11. The location and custodian of City records relating to this project is the La Quinta Planning Department, 78495 Calle Tampico, La Quinta, California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; and 2. That it does hereby certify Environmental Assessment 2010-608 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist, and Mitigation Monitoring Program, attached as Exhibit A hereto, and on file in the Planning Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2"d day of August, 2011, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: "• 286 Resolution 2011- Environmental Assessment 2016608 Pedcor Commercial Development August 2, 2011 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney DON ADOLPH, Mayor City of La Quinta, California �a^ 287 Environmental Checklist Form EXHIBIT A Project title: Tentative Tract Map 36279, EA 2010-608 Lead agency name and'address: Contact person and phone number: City of La Quinta 78-495 Calle Tampico La Quints, CA 92253 Wallace Nesbit 760-777-7125 Project location: The project site occurs at the southwest corner of Vista Bonita Trail and Madison Street. Assessor's Parcel Numbers 777-030-001, -002, and a portion of parcel 777-030-003. Project sponsor's name and address: Mr. Andrew Held Pedcor Commercial Development 770 3rd Avenue, S.W. Carmel, IN 46023 General Plan designation: Very Low Density 7. Zoning: Very Low Density Residential Residential Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The Tentative Tract Map (TTM) proposes of the subdivision of 9.14 gross acres into I I single family home lots, as well as landscaped areas, a retention basin and private.stieet.- Lots qi(1 range in size from 24,305 to 29,423 square feet. All access to project site will be via Beth Circle"which connects to Madison Street approximately 550 feet south of Vista Bonita Trail. i The site was partially developed under the previously approved but now expired TTM 30378 (The Orchard). Beth Circle, accessing the proposed lots from Madison Street; and Evangeline Way, providing internal access to all the proposed lots, were constructed .without City permits or inspections.' Both streets will be private and will also provide access to an existing approved tentative map to the south (TTM 33085). Both developers would like to retain these streets as built, to be privately maintained and gated. With implementation of the proposed project, curbs on both streets will be modified. An existing wall surrounds the property on the north, east, west, and portions of the south property lines, and is intended to remain as part of the proposed project.. Existing interior walls located on the project site, which were used to delineate lots on TTM 30378, will be removed. Infrastructure improvements, including sewer, water, electricity, and gas were installed throughout the project site, and will remain. to the extent that they are acceptable. Surrounding land uses and setting: Briefly describe the projeces surroundings: North: Vista Bonita Trail, single family homes South: Lands in agriculture, single family home East: Polo facilities (EI Dorado Polo Club) West: Large single family homes/lots Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District ' 288 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: I --..- The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the ng pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On thebasis of this. initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the X ro ect have been made.by or a to b theproject nent. A MITIGATED P J Y �� Y "proponent. NEGATIVE DECLARATION will be prepared. I find that -the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the'environment, but"at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature f/z -�Zlt Date -2- 289 EVALUATION OF ENVIRONMENTAL IMPACTS; 1) A brief explanation is required for all answers except "No Impact answers that are adequately supported by the information sources a :lead agency cites in the parentheses following each question. A 'No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the.one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well, as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentiallysignificant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation hncorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must'describe the mitigation measures, and briefly explain how they reduce the effect to -a least than significant level (mitigation measures from Section XVIL "Earlier Analyses," may be cross-referenced):': 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case; a brief discussion should identifx the following: ,a) Earlier Analysis Used. Identify and state where they are a4aila I for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that 'are "Less than Significant with Mitigation Measures hncorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project 6) Lead agencies are encouraged ;to incorporate into the: checklist references to information sources for potential impacts (e.g.; general plans, zoning ordinances). Reference to a previously prepared or outside document should; where appropriate, include a reference to the page or pages where the statement is substantiated. ") Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form; and lead agencies are free to use different formats; however, 'lead agencies should normally address the'questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. -3 ,.q. 2 '1-' 0 potendafiy Less Than Less Than No significant Significant w/ Significant Impact Impact Mitigation Impact I, ,AjrSTHETICS -- would the project: a)1`iabe a substantial adverse effect on a scenic vista? (La`Quinta General Plan Exhibit X 3:b'tidtage Gomdors") b) Siibsfaitially damage scenic resources, including, but not limited to, trees, rock outcroppings; and historic buildings X within a state scenic highway? (Aerial photograph; Site inspection)' c) Substantially degrade the existing visual character or quality of the site and X its ;surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely X affect day or nighttime views in the area? (Application materials) I: a) Madison Street is designated an Agrarian Image Corridor in the 2002 General Plan. The purpose of the Agrarian Image Corridor is to provide landscaped parkways which are consistent with the agricultural history of the area. The design of landscaping on Madison Street is required to include plantings such as citrus trees. This requirement will assure that views from the street are not impacted. Surrounding properties to the east of the project site generally enjoy views of the Santa Rosa Mountains located to the west and southwest of the project site. The proposed project will .result in the: development of residential structures, however these residential structures will be screened by an existing wall and landscaping along Madison Street. These existing features already disturb views of the Santa Rosa Mountains along the immediate eastern boundary of the project site, however views of the mountains are still visible on the eastern side of Madison Street. Lands to the north and south have views primarily to the west. These views will not be impacted by the proposed project. Therefore, the proposed project will have a less than significant impact on scenic vistas. b) The proposed project is not located near an existing or proposed state scenic highway. There are no scenic resources, ,including :trees, rock outcroppings, or historical buildings located onsite. Therefore, there will be no impact on scenic resources. c) The area surrounding the project site can be characterized as semi -rural with large polo facilities located east of the project site, and large estate residential land uses located north, southand west of the proposed project site. The homes built on the proposed TTM will be similar in style and size to that developed in the area. The proposed ^ 291. •J project is consistent with the mass and density requirements of the La Quinta Zoning Code for this,area The proposed project site is located X=_ y� ow Density- Residential zone,:which requires a; minim , - um lot size of 2 �squarc feet. Tentative Tract Map 36279 proposes lots no smaller than 24,305 square feet, which is larger than required by the zoning code. The proposed project; therefom will have,a less than significant, impact on the visual character of the area d) The proposed project will result in the creation of I 1 new lots, designated Very Low Density Residential. Lighting associated with ther project will occur as a.,result of residential uses, including lighting from buildings, landscaping,and automobile traffic. The proposed project site is located near existing development and Madison -Street, which produce sources of light and glare, and will produce similar.amounts of light and glare. A landscape and lighting plan has been prepared and submitted by'the applicant. The proposed project will be required to abide by the City of La Quinta lighting ordinance, which requires proper shielding from light sources, and prohibits light spillage on adjacent properties. Therefore, the small scale of the project, existing screening measures, and compliance with City standards will assure that impacts associated with lighting will be less than significant. 292 Potentially " Lese' Fhan4 No - Significant Signiflcsnt,w6. ,Significant Impact Impact M(tigadon .Impact ]LAGRICULTURE RESOURCES:, Would the project: a) Convert Prime Farmland, Unique Farmland; &Farml inn df Statewide Importance (Farmland); as shown on the spa pxepardd pursuant to the Farmland Mapping andf Monitoring Program of the X California Resourbes Agency, to non- agricultural use? (Riverside'County Important Farmland 2008, Ca dept of.) b) Conflict with.existing zoning for . agricultural use, or a Williamson Act X contract?'(Zoning Map) c) Involve,other changes in the existing environment which, due to their location or nature, could result in conversion of X Farmland, to non-agricultural use? (General Plan Land Use Map; Site Inspection) II. a) The project site is located on Farmland of Statewide Importance according to the California Resources Agency. The property was at one time a citrus grove, however agriculture production has ceased on the project site, and the property has been partially developed for residential uses, consistent with the land use designation on the site. The site has been designated for residential development for some time, and its loss to agricultural activities will not be significant, due to the small size of the parcel. b) There are no Williamson Act contracts on the property, or on properties in the immediate vicinity. c) The proposed project site is located near agricultural uses, however no agricultural production is occurring onsite. The agricultural activities occurring to the south of the site will not be impacted by the eventual development of 11 homes. The orchard to the south can maintain its operations with or without the proposed project; however the south property is less than 5 acres and is approved for a residential development of 7 lots (TT 33085), so any production from this property will likely cease and, in any event, is insignificant due to the parcel's size. Impacts associated with the conversion of farmland are therefore expected to be less than significant. -6- n 293 Potentially Less Than Less Than No slPfficant Significant w/ S ga cant Impart Impact Mi dgadon act III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air X quality. plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or contribute substantially to an existing or X projected air quality violation? (SCAQMD CEQA handbook) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard X (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2003 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to substantial_ pollutant concentrations? X (Project Description, Aerial Photo) e) Create objectionable odors affecting a substantial number of people? (Project X Description, Aerial Photo) f) Generate greenhouse gas emissions either directly or indirectly, that may X have a significant impact on the environment? (Project description) g) Conflict with an applicable plan, policy or regulation adopted for the X purpose of reducing the emissions of greenhouse gases? (Project description) III. a) The proposed project is within the Salton Sea Air Basin (SSAB), which is governed by the South Coast Air Quality Management District (SCAQMD). The SCAQMD is responsible for establishing air% quality measurement criteria and management policies for the SSAB. All development within the Salton Sea Air Basin, such as the proposed project, is subject to the 2007 Air Quality Management Plan (2007 AQMP) and the 2003 Coachella Valley PM,o State Implementation Plan (2003 CVPM,o SIP). Historically, the Coachella Valley, including the proposed project area, has been classified as being in non -attainment for PMIO. in order to achieve attainment in the -7- „N.. 294 region, the 2003 Coachella Valley PMio Management Plan was adopted, which established strict standards for dust management for-peoposals. The — - California Air Resource Board approved the Coachella Valley PM10 Redesignation Request and Maintenance Plan on February 25,:2010, re -designating the region from "non -attainment"- to "attainment" based on the EPA's National Ambient Air Quality Standard. Federal re -designation is currently pending. The proposed., project is consistent with the land use designation for the property. This land use designation was the basis of SCAQMD planning for the area. Therefore, the project is consistent with regional management plans. b) & c) Construction and operation of the proposed project will result in air emissions. A breakdown of air emissions caused by these two phases of the proposep;.project is provided below. Table 1 shows the construction related emissions, and Table 2, shows the emissions caused by operation of the project. Table 1 Construction- RelatedEmissions Summary (pounds per day) CO NOR ROG S02 PMIo PM2.5 Construction Emissions 12.515 19.3 5.665 0.005 23.02 5.79 SCAQMD 550.00 100.00 75.00 150.00 150.00 55.00 Thresholds Source: Urbemis 2007 Version 9.2.4 As shown in Table 1, construction phase emissions will not 'ezceed' SCAQMD thresholds of significance. Impacts to air quality for all criteria pollutants will be less than significant. Operational Emissions Operational emissions associated with the proposed project include emissions created by electric and gas demand, area source emissions, and movingsource emissions. Table 2 below provides a summary of each operation related" emission 'caused by the project. As shown on the table, the majority of operational 'emissions caused,by the project will be from moving sources. Moving source emissions was based:on l,429 vehicle miles traveled (VMT) created by the development of eleven residential units. The VMT calculation was provided by the URBEMIS 2007 software, and was-liased on the 141 daily trips calculated by the Traffic Assessment Report for''the eleven single-family detached units. For purposes of this analysis, it wasasst'&e'd that construction would begin in March of 201 i and be completed in February of 2012. 8 295 Table 2 GOeration-Related Emissions at Buildout 64zyJ -_ stationary Source Emissions Area Moving; Total SCAQMD Source Source Anticipated Threshold Power Nat:Gas Emissions Emissiom Emissions Criteria* Plants Consumption ` (lbsJday) (lbsJday) Carbon Monoxide 0.13 0.10 2.62 13.53 16.38 550.0 Nitrogen Oxides 0.20 0.23 0.04 1.9 2.37 100.0 Reactive Organic Gases 0.01 0.02 1.5 1.17 2.7 75.0 Sulfur Oxides 0.12 0:000002 0.01 0.02 0.15 150.6 PM10 0.09 0.00643 0.37 2.49 2.95 150 PM2.5 0 0.00043 0.36 0.50 0.86 55 • Tbreshold criteria offered by the South Coast Air Quality Management District for assistance in determining the significance of air quality impacts. Source: "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District, April 1993, Revised October2006 Clean Air and Climate Protection Software Version 1.1; and URBEMIS 2007 Version 9.2.4. As shown in the Table, emissions will not exceed SCAQMD thresholds of significance. Impacts are therefore expected to be less than significant. d) The closest sensitive receptor is Mountain Vista Elementary School (49750 Hjorth St.); located about % of a mile northeast of the project site. The development of 11 homes will not result in the concentration of any pollutants. Impacts associated with exposing sensitive receptors to substantial pollutant concentrations, therefore, are expected to be less than significant. e) The project will result in the ultimate development of I 1 homes, and is not expected to create objectionable odors. f & g) The proposed project will generate greenhouse gas emissions both during the construction phase and during operation at build out. Based on the URBEMIS model, construction emissions will generate approximately 218 pounds of CO2 over the construction period. Construction related greenhouse gas production will be temporary and will end once the project is completed. Operation of the proposed project will create on -going greenhouse gases through the consumption of electricity and natural gas, moving sources, and the transport and pumping of water for domestic use. Table 3 provides the annual GHG generation at buildout. -9- .N.1 296 Table 3 Annual Operational GHG Sunnus KJOIdkinut- CO2 Equivalent Emission CO2 Equivalent Million Metric Pounds Per Source . Metric Tons Tons Day Electricity 34.00 0.00003 205.39 Natural Gas ` 48.00 0.00005 289.94 Moving Source 272.32 0.00027 1,644.82 Water Transport 16.80 0.00002 101.50.62 Total 371.13 0.0004 2,241.64 There are currently no thresholds for greenhouse gases. However, State legislation, including A1332, calls for the reduction of greenhouse gases to 1990 levels by 2020. The GHGs generated by the project will be reduced by new statewide' programs and standards, including new fuel -efficient standards for cars, and increasing amounts of renewable energy, which will help reduce greenhouse gas emissions in the future. The proposed project will also be required to implement the CalGreen Building Code being implemented by the City at the time that building permits are issued. This includes energy efficiency standards which are much more stringent than they have been in the past. Therefore, the greenhouse gases generated by the proposed project will, have a less than significant impact on the environment and will not conflict with an applicable plan, policy or regulation. -10 . V".- '-9 7 u — Potentially I eae Ttisn' T� hpe No Skniticant Significant.p Signiticaat Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, X or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the X California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 78 fE) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, x vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 ff.) d) hiterfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory X wildlife corridors, or impede the use of . native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or X ordinance? (General Plan MEA, p. 73 ff.) 0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or X other approved local, regional, or state habitat conservation plan? (General Plan MEA, p. 78 ff.) -11- n 298 IV. a) The proposed project site is currently partially developed as a result of the previously approved TT'-M 30378, which resulted in the constructi tjtout permits) of —_ "roadways, walls and similar structures on the site. As a result of this construction, the proposed project site does not contain native vegetation, and has been significantly disturbed: There are no species of concern identified on the proposed project site. The project site is surrounded on all sides by existing development, including very low density residential uses, polo fields, as well as - agricultural land. Therefore, the proposed project will have no impact on species identified as a candidate, sensitive, or special status species. b-c) The proposed project site is not located on or near areas of riparian habitat or wetlands. The project site is located in a developed region of La Quinta, including areas used for residential uses, agricultural production and equestrian uses. Therefore,,the proposed project will have no impact on riparian species orhabitat, wetlands or other sensitive natural community. d) The proposed project site is partially developed and is surrounded by development. The site is located approximately 2 miles northeast of the Santa Rosa and San Jacinto Mountains Conservation Area, which is an area that serves as a wildlife corridor for species such as the Peninsular Bighorn Sheep and the Desert Tortoise. The development of the subject property will have no impact on any native resident or migratory fish or wildlife species or established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites: e & f) The City of La Quints has adopted the Coachella Valley Multiple Species Habitat Conservation Plan. As a result, the City of La Quinta is required to.implement a Local Development Mitigation Fee (LDMF) within the CVMSHCP plan area. The proposed project site is not within a conservation area; as defined in the Plan. The proposed project will be required to pay LDMF. These fees are designed to offset potential impacts of cumulative projects on covered species, and assure that: impacts are reduced throughout the Valley and City to less than significant levels. The City's Genera Plan requires burrowing owl surveys to be conducted over agricultural lands. Due to the previous historyof agricultural uses in this area, a protocol -compliant burrowing owl survey shall be conducted for, this site, prior,to any grading or other land disturbance activities: -12- ,.p.� 299 _ Potentially UsaTha I�nThan ___ No Significant Significant cant Impact Impact Mitigation impact V. CULTURAL RESOURCES,— Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in'15064.5? (Addendum to X Historical/Archaeological Resources Survey Report TTM No. 36279, CRM Tech, June 2, 2010) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to'15064.5? (Addendum to X Historical/Archaeological Resources Survey Report TTM No. 36279, CRM Tech, June 2, 2010) c) Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? (Paleontological Sensitivity Assessment, CRM Tech, 1990) d) Disturb any human remains, including those interred outside of formal cemeteries? (Addendum to X Historical/Archaeological Resources Survey Report TM No. 36279, CRM Tech, June 2, 2010) V.a-b) The project site has been heavily disturbed due to initial construction activities conducted as a result of the approval of the previous TTM 30378. Cultural resource surveys have been conducted on the project site', including a field survey and records search, have determined that no "historical resources" or "archaeological resources", as defined by CEQA, are located within or adjacent to the project area. Therefore, approval of the project will have no impact on historical or archaeological resources. c) Field surveys have discovered specimens, such as freshwater mollusks and shells, on the project site2. The project area contains sediments deposited by the Holocene Lake Cahuilla, which are known to contain significant paleontological resources. Undisturbed lakebed sediments are considered highly sensitive for significant paleontological resources, including Holocene -age invertebrate fossils. These highly sensitive sediments are mostly likely to occur below the surface. The surface soils within the project site have been disturbed in the past from agricultural operations, and the construction activities associated with the previously approved TTM 30378. As a result of recent disturbances, these surface soils within the project site are considered low in sensitivity for paleontological resources. Future excavation and grading will result in deeper excavation of the site, which will therefore require monitoring and "spot-checking" to determine whether paleontological resources occur at depth. The destruction of these resources during grading would represent a potentially significant Letter report, prepared by CRM Tech, June 2010. 2 Paleontological Sensitivity Assessment, CRM Tech, 1990 -13- a. 300 impact, which requires mitigation. Therefore, the following mitigation measures shall be implemented? -- 1. Excavation, trenching and grading shall be monitored by a qualified paleontological monitor. The monitor shall be prepared to quickly salvage fossils, if unearthed, to avoid constriction delays, but shall have power to stop construction to remove large or abundant specimens. 2. Recovered specimens should be identified and curated at a repository with permanent retrievable storage that would allow for further research in .the future. 3. A report of findings, including, when appropriate, an itemized inventory of recovered specimens and a discussion of their significance,. shall be prepared. The report and inventory shall be submitted to the City within 30 days of the completion of earth moving activities on the site. d) No known cemetery or burial site occurs on the project site. State law requires a .coroner be contacted and all activities cease when human remains are discovered, to assure proper disposal. The proposed project will abide by these requirements, and will therefore have a less than significant impact on human remains. 14- a 301 - _ Potentially Lees Than - B Uk" No - — significant significant w Significant Impact - impact Mitigation Impact Vl. GEOLOGY AND SOILS -- would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of logs, injury, or death involving; i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area X or based on other substantial evidence of a known fault? (General Plan MEA Exhibit 6.2, "Geotecludcal Investigation", Stadden Engineering) ii) Strong seismic ground shaking? X (General Plan MEA Exhibit 6.2) iii) Seismic -related ground failure, including liquefaction? (General Plan MEA X Exhibit 6.3) iv) Landslides? (General Plan MEA Exhibit X 6.4) b) Result in substantial soil erosion or the logs of topsoil? (General Plan MEA X Exhibit 6.5) c) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating X substantial risks to life or property ("Geoteclwical Investigation", Stadden Engineering, April 15, 2002) d) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems X where sewers are not available for the disposal of waste water? (TTM 36279) V1. a)i. The proposed project site is not located within an Alquist-Priolo Earthquake Fault Zone. The site is located approximately 6 miles southwest of the San Andreas Fault Zone, and 20 miles northeast of the San Jacinto Fault Zone. Due to the lack of known earthquake faults on the project site, there will be no impacts associated with fault rupture on the project site. -15- ,p 302 a)ii. The project site is located in a seismically active area, between the San Andreas and San Jacinto -Fault Zones. These faults are known to p €*adhquakes. The_ - project site will experience strong groundshaking during an earthquake, and accelerations from strong ground shaking should be considered in the design of new residential units. All construction on the site will be required to abide'bythe Uniform Building Code for Seismic Zone 4, thereby reducing impacts related to strong ground shaking to less than significant levels. a)iii. The General Plan shows the project site to be in an area of potential liquefaction hazard, due to young sediments and ground water 30 feet below the surface. According to the Geotechnical Investigation performed, however, several factors 'required for liquefaction to occur are absent at the project site3. Groundwater was not found during boring samples conducted at 50 feet below the surface. Due 6. the depth of groundwater, the potential for liquefaction is -considered negligible. Additionally, the project will be required to submit detailed geotechnical analysis with the building plans for the homes on the site. This analysis will further analyze site soils to assure that foundation design is adequate to support the structures, based on the site -specific conditions. Therefore, impacts associated with liquefaction are less than significant. a)iv. The proposed project site is flat and not located near hillsides that have the potential to create landslides. Therefore, there will be no impact on the project site in:regards to landslides: b) The project site is located within a Very Severe Wind Erosion Hazard zone as identified in the General Plan. The project area is susceptible to high_'winds`. that can cause wind erosion and soil displacement and accumulation. As desdribed in "the Air Quality section, above, the project will be required to implement a dust control and management plan as part of the grading permit process..! In. addition; existing and additional proposed walls and landscaping around the perimeter of the project Am will help alleviate soil erosion caused by high winds. Therefore, impacts associated with soil erosion and loss of topsoil will be less than significant. c) Based on the Geotechnical Investigation, the surface soils within the upper 5 feet of the project site consist primarily of silty sands. Expansion testing found the surface sandy silts to be non -expansive and classified as "very low" expansion category soils in accordance with Table 18-1-B of the 1997 Uniform Building Code. Therefore, impacts caused by soil expansion are considered less than significant. d) The proposed project will be required to connect to the 8" existing sewer line in Evangeline Way. This 8" sewer line connects to a 11" sewer main in Madison Street. Therefore, no septic systems will occur on the site. 'f 3 "Geotechnical Investigation", Sladden Engineering, April 15, 2002 i6 N.: 303 potentlaily Less Than qqgacka No Significant Significant ids Lapact Impact Wtigatiou impact VII. HAZARDS AND HAZARDOUS MATERIALS —Would the project: ay Create a significant hazard to the public or the environment through the X routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident X conditions involving the release of hazardous materials into the environment? (General Plan MFA p. 95 fE) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter X mile of an existing or proposed school? (General Plan Exhibit 4. 1, Public Facilities) ,d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it X create a significant hazard to the public or the environment? (www.envimstor.dtse.ca.gov/public/) e) For if project located within an airport land use plan or, where such a plan has not been adopted, within two irides of a public airport or public use airport, would X the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? (General Plan land use map) g) hnpair implementation of or physically interfere with an adopted emergency X response plan or emergency evacuation plan? (General Plan MEA p. 95 11) h) Expose people or structures to a significant risk of loss, injury or death X involving wildland fires, including where wildlands are adjacent to urbanized areas -17- N304 or where residences are intermixed with wildlandS7 �VYildfit a suscepu6ilitY;'Itivecside County RCIP) VII. a-c) The proposed project will result in I 1 new homes.: This residential development will not create a significant hazard to the public related to the transporting of hazardous materials. Individual homeowners may store and transport small, amounts of chemicals for household cleaning and other uses, however they will; be minimal and cause similar risk as those associated with existing residential uses in the area. The closest school to the project site is Mountain Vista Elementary School in the City of Indio, approximately three-quarters of a mile northeast'of the project site. The project site is located approximately two miles south of Hwy 111; and four miles south" of Interstate 10 and the Union Pacific Railroad, on which hazardous materials may 6e`transported through the region. The proposed project, therefore, will have a less thin', significant effect on the transporting of hazardous materials or release of hazardous waste into the environment, and near a school. d) The project site is not located on a site included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, will not create a significant hazard to the public or the environment. e-f) The project site is located approximately 5 miles south of the Bermuda Dunes airport, and approximately 6 miles west of the Jacqueline Cochran Regional Airport. The distance from these facilities indicates no hazards' associated with aviation at the project site. g) The proposed project will not affect the roadway networks;: oriinterfere;;with - implementation of an emergency response plan. The proposed MJect will have access to the City's existing street grid for emergency purposes. No impacts are expected. h) The proposed project is located in the developedflatland region of La Quints The site is located approximately two miles east: of the foothills of the, Santa Rosa Mountains. There will be no impacts associated with wildland fires at the project site. 305 Potentlally Lees Th No Significant Significant w Sigdficant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY.- Would the project: a) Violate any water quality standards or waste discharge requirements? (TTM 36279) X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- X existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (CVUwMP Update, December 2010) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would X result in erosion or siltation on - or off -site? (Hydrology Report, CVE, March 31,2010.) d) Substantially alter the existing drainage pattern: of the site,or area, including through the,alteration of the course of a stream or river, or substantially increase the X rate or amount of surface runoff in a manner which would result in flooding on - or off -site? (Hydrology Report,CVE, March 31,2010.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or X provide substantial additional sources of polluted runoff? (Hydrology Report, CVE, March 31,2010.) 0 Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate X Map or other flood hazard delineation map? g) Place within a 100-year flood hazard X area structures which would impede or 19_ 306 rM .. redirect flood flows? (Master Environmental Assessment Exhibit 6.6) - e _ VM. a) The proposed project will not violate any water quality standards or waste discharge requirements. The proposed project will be required to implement National Pollution Elimination System (NPDES) requirements for storm flows through the preparation and implementation of SWPPP and WQMP as required. The homes eventually developed on the site will connect to the existing 8" sewer line in Evangeline Way and Beth Circle. Household wastewater will be transported and, processed by CVWD's Mid -Valley Water Reclamation Plant (WRP4), located in Thermal. CVWD implements all the requirements of the Regional Water Quality -Control Board as they relate to wastewater discharge requirements and water quality standards. Therefore, the proposed project will have less than significant impact on water quality standards or waste discharge requirements. b) The proposed project will provide a permanent onsite retention basin, which will allow runoff from the project site to accumulate and provide for groundwater recharge. Domestic water demand from the proposed eleven residential lots will. be, supplied''by CVWD. CVWD has prepared an Urban Water Management Plan 2010 Update, which is a long -tern planning document that will help CVWD to reliably meet current and future water demands. The Plan demonstrates that the District has available, or can supply, sufficient water to serve the proposed project. Therefore impacts on groundwater supplies and recharge are expected to be less than significant. c-g) A Hydrology /Drainage Report has been prepared for the project, and highlights impacts associated with storm runoff. The Report shows that runoff from the project site, and along Madison Street, will flow and be contained by offite retention basins, which will be designedper the requirements of the City of La Quinta. Water runoff from the proposed project, and from offsite sources, is expected to accumulate in these basins. The proposed retention storage from these basins is adequate to accommodate the site's storm water flows. Therefore impacts associated with storm runoff are expected to be less than significant. 4 "Hydrology/Drainage Report for Tract 36299, prepared by CVE, March 31, 2010. 307 -20- — _ Potentially Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX LAND USE AND PLANNING - Would the project: a) Physically divide an established community? (Aerial photo; project plans) X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan; specific plan, local coastal program, X or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Exhibit 2.1) c) Conflict with any applicable habitat conservation plan or natural community X conservation plan? General Plan MEA p. 74 IX a-b) The proposed project will include 11 new residential lots on 9.14 gross acres, ranging from 0.58 acres to 0.68 acres in size. The homes to be built on the site will be designed to conform to the Very Low Density Residential zone requirements. The surrounding area includes both open and gated communities, and therefore the development of this proposed gated community will fit in with the surrounding community. There are no existing homes on the site, and the project will therefore not divide an existing community. The project's conformance to the General Plan and Zoning Ordinance will eliminate any potential impact with any applicable land use policy, plan or regulation. c) The project site is not within any conservation area as identified in the CVMSHCP. The City is required to implement a Local Development Mitigation Fee (LDMF) for implementation of the CVMSHCP. Therefore, the proposed project will be required to pay fees for the CVMSHCP. No impacts are expected from any conflict with the CVMSHCP. -21- 308 — - Potentially Less Than IN 1=hWJAa!r No - Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: . a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of X the state? (Master Environmental Assessment p. 71 fi, Special Report 198, CA Geological Survey) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local X general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 fi, Special Report 198, CA Geological Survey X.a & b) The proposed project site is located in Mineral Resource Zone MRZ-1, which indicates that no resources occur. There will be no impact to mineral resources as a result of the proposed project. -22- "1.0. 809 Potentially Less Than Than - - No Significant Impact Significant w/ Mitigation Significant Impact Impact XL NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards X of other agencies? (General Plan MEA p. I I I IE; Noise Impact Analysis, Coachella Valley Engineers, April 30, 2010) b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? (General Plan X MEA p. 111 >i; Noise Impact Analysis, Coachella Valley Engineers, April 30, 2010; La Quinta Municipal Code) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X project? (General Plan MEA p. l 1 l ff.; La Quints Municipal Code) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without the project? (General Plan MEA p. 1 I I li; Google Earth) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, X would the project expose people residing or workingin the project area to excessive noise levels? (Google Earth) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project X area to excessive noise levels? (Google Earth) XI.a) The La Quinta General Plan provides for Community and Noise Land Use Compatibility Guidelines for residential projects. These guidelines consider exterior noise levels over 65 decibels (dB) CNEL as unacceptable for residential development. Interior noise levels for residential development cannot exceed 45 dB CNEL. The proposed project will border Madison Street, just south of Vista Bonita Trail. Noise associated with traffic along Madison Street will be the most significant noise -23- .1.11. a 310 generator, particularly on the five lots that border Madison Street. Build out of the General Plan -is expected to increase noise levels to 73.5-&50_feet from the --- centerline of Madison Street.' A noise impact report was prepared for the proposed projects. The noise analysis considered the siting of the proposed lots, and the impact of the traffic generated on Madison Street in the future. The property lines of lots 7 through I 1 are expected to be 75 feet from the Madison Street .centerline. The unmitigated noise levels in the rear yards of these lots is expected to be 71.2 dB CNEL, which is +6.2 dB over the acceptable 65 dB CNEL. This represents a potentially significant impact, which requires mitigation. Construction of a six-foot wall will reduce noise levels to 64.91 dB CNEL, in conformance to the City's standard. In regards to interior noise levels, enhanced structural features, such as double paned windows and stucco construction, will reduce noise levels by 25-36 dB. These enhanced structural features, along with a 6-foot wail, will help create acceptable interior noise levels. In order to assure that impacts associated with on -site noise levels are reduced to less than significant levels, the following mitigation measures shall be implemented: 1. A 6-foot high masonry wall shall be constructed along the eastern project perimeter for lots abutting Madison Street. 2. - Any proposed second story rooms in residential units that abut Madison Street will require dual paned windows and other enhanced structural features capable of reducing noise levels by -25 dB CNEL to meet the interior noise level standards of 45 dB CNEL. 3. All perimeter homes adjacent to Madison Street shall have central air conditioning as a standard feature, and should be equipped to provide 60 CFM of supplemental ventilation in any rooms directly facing Madison Street. b) Future construction will include demolition of interior walls and grading of lots, which could generate ground vibration. The nearest residential units to the project site are located on the north side of Vista Bonita Trail. These homes, are located approximately 100 feet away from the project property line. An existing wall and vegetation currently surrounds the project site, including along the northern property line. Construction activity on the proposed project site will be required to abide by construction time limits highlighted by the La Quinta Municipal Code. Existing noise attenuation and adherence to the La Quinta Municipal Code will reduce exposure of excessive groundbome vibration to less than significant levels. c) The proposed project will result in the development of 11 very low density residential units, and will marginally increase permanent ambient noise levels. These ambient noise levels will be associated with typical residential activities, including the use of automobiles, power equipment, appliances, and human activity, however. Therefore, the proposed project will not create a substantial permanent increase in ambient noise levels in the project vicinity. .5 Noise Impact Analysis, Coachella Valley Engineers, April 30, 2010, -24- n 311 d) Construction of the proposed project may create a temporary or periodic increase in ambient noise levels in the project vicinity above levels 4NftpW&mrthe project. _— Construction activity associated with project will include minimal grading, demolition of interior walls, and construction of housing. These constriction activities, however, will be temporary and be required to comply with noise standards and hours required by the La Quints Municipal Code. Temporary increases in ambient noise levels, therefore, will be less than significant. e-i) The proposed project site is not located near an airport or private airstrip. No impacts will occur. -25- 'PO., 312 — - Potentially .: Lea Than 40 0,1WOMW - No Significant Significant w/ Significant Impact Impact Mitigation Impact AIL POPULATION AND HOUSING — . Would theproject: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through X extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? (Application materials) c) Displace substantial numbers of people, necessitating the construction of X replacement housing elsewhere? (Application materials) XII. a-c) Tentative Tract Map 36279 proposes 11 residential lots. The project site is currently vacant, and will not displace people or housing. According to the 2010 Federal Census, the 2010 household size in La Quints was 2.546 persons per household. Based on this factor, the project would add approximately 28 additional persons to the City's. population. The project, therefore, would not induce substantial population growth to the area. The project also includes two private streets that are currently developed, and will not indirectly induce population growth through the extension of roads or other inf-astructure. The site is currently vacant, and will not displace any existing residents. No impacts to population or housing are expected. 6 Table DP-1; 2010 US Census, United States Bureau of the Census. -2& .,-" - 313 Potendally Less Than lGhaa No Sipi6cant Slgs;iticsnt w pat Impact Impact Mitigation Impact XIII."PUBLIC SERVICES a) Would the project result in substantial " adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other. performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57, Riverside County Fire Department Fire Protection X Letter, October 12,2010) Police protection? (La Quinta Police Letter) X Schools? (Coachella Valley Unified School X District Letter) Parks? (General Plan; Recreation and Parks X Master Plan, TTM 36279) Other public facilities? (SunLine Agency Letter, Time Warner Cable Letter, CV WD Letter, X p. 46 ff.) X111. a) Fire protection for the proposed project is provided for by the County of Riverside Fire Department. The closest fire station is located south of the project site, near the intersection of Madison Street and Avenue 54. This station includes one City Paramedic Assessment Engine and one County Brush Engine. Riverside County Fire Department requires specific fire protection measures be provided in accordance with the City of La Quinta Municipal Code and/or Riverside County Fire Department Fire Protection Standards when building plans are reviewed. The eleven proposed lots will create a marginal increase in fire protection demand. The required fire protection measures, marginal increase in protection demand, and close proximity to a local fire station, are indicative of a less than significant impact on fire protection resources. The addition of 11 homes and 28 persons is not expected to significantly impact police services. The City contracts with the County Sheriff for police services. The area is currently patrolled, and would continue to be patrolled after build out of the proposed project. The 11 homes will minimally increase the demand for service. Therefore, the proposed project will have a less than significant impact on police services. The proposed project is located within the Coachella Valley Unified School District, and will be required to pay the State mandated developer fee to help address and offset -27- u 314 the potential impacts to local schools. 'therefore, the proposed project will have a less than significant impact on schools.. - --= The proposed project will increase population by 28 persons, and create minimal demand on parks and recreation services. The Municipal Code establishes criteria for dedicating land, or payment of in lieu, fees, for .construction of new. parks for residential subdivisions above five parcels. The project will be required to pay a park development fee. The proposed project, therefore, is expected to create a less than significant impact on parks. 315 Potentially Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that X substantial physical deterioration of the facility would occur or be accelerated? (TTM 36279, LQ Code 13.48) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which X might have an adverse physical effect on the environment? (TTM 36279) XIV. a & b) The proposed project will include the development of 11 new residential •units. As stated above, it will be required to participate in future parks through the payment of a parks fee based on the Municipal Code requirements. The addition of 28 persons will not impact the City's recreational facilities. The proposed project, therefore, will have no impact on recreation. -29- " 316 Potentially Less Than IM =rv11VT&aE No - Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle X trips, the volume to capacity ratio on roads, or congestion at intersections)? (Traffic Assessment for Tract No. 36279, George Dunn.Engineering.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? (Traffic Assessment for Tract No: 36279; George Dunn Engineering.) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that X results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses (e.g., farm equipment)? (TTM36279) e) Result in inadequate emergency X access? (TTM 36279) f) Result in inadequate parking capacity? X (TTM 36279) g) Conflict with adopted policies, plans, or programs supporting alternative X transportation (e.g., bus turnouts, bicycle racks)? (TTM 36279, Sunline Transit Agency) XV. a-b) Tentative Tract Map 36279 will result in 11 very low density residential lots on 9.14 gross acres. A traffic impact memorandum was prepared for the proposed project, and shows future traffic created by the project will total 141 trips per day, with 27 trips during AM peak hour and 11 trips during PM peak hour 7. 7, Traffic Assessment for Tract No.36279, La Quinta CA", prepared by George Dunn Engineering, November, 17, 2010. -30- 317 Pursuant to the City's requirements for traffic impact analysis, the study considered project impacts at two intetsections: Beth Circle at Mad' end vista Bonita-- Trail at Madison Streets Future traffic counts were based on a project completion date of 2014, and'accokated for a 5%'increase in traffic during tourist season (Jan -April), and a 1 % per year ambient growth rate. The existing LOS B (Level of Service) conditions,.found during AM and PM peak hours at the intersections of Madison Street and Beth Circle, and at Madison Street and Vista Bonita Trail, are expected to continue with build out of the proposed project in 2014. Overall, the proposed project will have a very nominal impact on area traffic conditions, due to the low trip generations. Therefore, the proposed project will create only negligible increases in traffic, and in level of service. c) The I I lots created by the proposed project are not 'expected to'have any impact on operations at either Bermuda Dunes Airport or Jacqueline Cochran Regional Airport. The project is located outside areas affected by the land use plan for both airports. d) The proposed project site will include eleven subdivided lots alongside two existing private streets, Beth Circle and Evangeline Way. Intersections have been designed consistent with City standards, and access to Madison Street will be Stop -sign controlled. The project proposes single family homes which will not be incompatible with existing uses. No impacts associated with hazards are expected. e) Emergency access onto the project site will be from Beth Circle. A private gate is proposed at Beth Circle, which will be required to be Knox Box controlled, consistent with Fire Department standards. Therefore, there will be. no,impacts associated with emergency access. f) The proposed residential lots will provide required amount of parking consistent with the City's Zoning Ordinance. No impacts associated with the sufficiency of parking are expected. g) SunLine Transit Agency currently does not provide transit services along Madison Street near the project site. However the Agency will monitor on going developments in the area, and may consider future services, if wan -anted. As such, the proposed project will have no impact on alternative transportation. "Traffic Assessment for Tract No.36279, La Quiata; CA"; prepared by George Dunn Engineering, November, 17, 2010. -31- 318 0 Potentially Less Than .' Leas Than No — Significant Significant w/ significant Impact impact Mitlgation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (CVWD, X December2010) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could X cause significant environmental effects? (CV WD, December 2010) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause X significant environmental effects? (TTM 36279) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or X are new or expanded entitlements deeded? (General Plan MEA; p. 58 ff.) e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's X projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient permitted capacity to accommodate the X project's solid waste disposal needs? (General Plan MEA, P. 58 ff.) g) Comply with federal, state, and local statutes and regulations related to solid X waste? (General Plan MEA, p. 58 ff.) XVI. a-b, d-e) The 11 lots proposed under TTM 36279 fail under the jurisdiction of the Coachella Valley Water District for wastewater treatment. An 8-inch sewer line lies beneath the existing streets. Wastewater produced by the proposed project will be processed by the -32- N _ 31 9 CVWD's Mid -Valley Water Reclamation Plant (WRP-4), located in Thermal. As of December 20L10, the Mid -Valley, plant had capacity of justjfflAFEajVillien gallons per•. day (mgd), and processes approximately 5 mgd9. The plant, therefore, has more than sufficient capacity to serve the project The development of 1 I additional lots will have no impact on wastewater treatment facilities. CVWD will also provide domestic water to the site. As discussed under Hydrology and Water Quality, above, the District has sufficient water supplies to serve build out of the City. The addition of 11 homes will only nominally increase CVWD's;cim=t water pumping. The project will also be required `to implement water conservation programs, including drought tolerant landscaping and the CalGreen Building Code, which requires that high efficiency fixtures be used. No impact is expected. c) The project is proposing an onsite retention basin, capable of handling 62,861 cubic feet of runoff, to be located on the northeast comer of the intersection of Evangeline Way and Beth Circle. This retention basin will also capture runoff traveling along the west side of Madison Street through a new drainage pipe along the curb just north of the Beth Circle/Madison Street intersects. These facilities will be self contained, and will have no impact on regional drainage facilities. f & g) The project site will be served by Burrtec, the City's solid waste contractor. Trash generated by the project will be hauled to the transfer station located in Cathedral City, west of the City, and from there transported to one of four regional landfills. All four landfills have sufficient capacity to accommodate the proposed project: ` ' Burrtec is required to meet all local, regional, State and federal standards for solid waste disposal. They will assure that no impact occurs. 9 Personal communication, Kim Halsey, CV WD WRP-4, December 14, 2010. -33- Potentially Less Than ode No _ Significant Significant w/ Significant Impact Impact Mitigation Impact XVH. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a X plant or animal community, reduce the number or restrict the range of a rare or endangered plant, oranimal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage X of long-term environmental goals? c) Does the project have impacts that are individually Limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effeeis of a project are considerable when X viewed in connection with the effects of past projects, the effects of other current projects; and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial X adverse effects on human beings, either directly or indirectly.? a) The proposed project site is not located within an area known to contain significant habitat or threatened or endangered species. The project site has been previously disturbed and partially developed. No significant biological impacts are anticipated. There are no cultural resources on the project site. However, the project site may contain paleontological resources below the surface. Mitigation measures included in this Initial Study will assure that impacts to these resources are reduced to less than significant levels. b) The proposed project is consistent with the General Plan designation for the area, and as such meets both short and long term goals. -34- N. 321 c) The proposed project will not cumulatively impact environmental resources, The General Plan- build out levels will not be affected by opment of 11--= residential lots for single family use. d) As demonstrated in this Initial Study, the proposed project will have the potential to impact the residents of `lots:. 7 through 11, due to high noise, levels. The mitigation measures included in this Initial Study, however, assure that these impacts are reduced to less than significant levels. -33-" 322 XVIII. EARLIER ANALYSES. ` Earlier analyses may be .used ,where, pursuant to the tiering, program EIR, or other CEQA process, one..or:more effects have been adequately analyzed in,an earlier EIR or negative declaration. Section 15063(c)(3)(D)..In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. General Plan EIR, 2002. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. 36 " 4.. 323 0 0 O z 0zz UWad' F a U� a x UG� U U U� o a Q G F w x wV w� Q G � a A a. z O .5 3 0 wl �+ o " d. �+ N Y COy�. y w d a U00 a �qWvW OU Z G U Q o Qa Qa A a w� w� 3 3 aq q z O �• N N d 7 O 0 ° A ° F ri- A .. m .. m m >� a. a U� ac� OU o � U � � .a9 a. y a. �7 C F O a o a � a w G7 a q P7 Q v A R� O�1 � � o rr y U >0o e d � ~ p�� 0 �Y °42 o� $ d0 UW) �U ".� 324 RESOLUTION 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF TENTATIVE TRACT MAP 36279, DIVIDING ±9.14 ACRES INTO ELEVEN SINGLE-FAMILY LOTS CASE NO: TTM 36279 APPLICANT: PEDCOR COMMERCIAL DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did, on the 2nd day of August, 2011, conduct a duly -noticed Public Hearing to consider a recommendation from the Planning Commission on Tentative Tract Map 36279, a request to subdivide ±9.14 acres into eleven single-family residential lots and certain lettered lots, located at the southwest corner of Madison Street and Avenue 51 (Vista Bonita Trail), more particularly described as: BEING PARCELS 1, 2, A PORTION OF PARCEL 3, AND PORTIONS OF LOTS B, C, AND D OF PM 16457, MAP BOOK 100, PAGE 48 OF MAPS, RIVERSIDE COUNTY WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 12`h day of July, 2011, conduct a duly -noticed Public Hearing, to make a recommendation of approval to the City Council on Tentative Tract Map 36279, said recommendation being included in the staff report for consideration by the City Council; and, WHEREAS, the Historic Preservation Commission of the City of La Quinta, California, did, on the 201h day of January, 2011, hold a public meeting to review and provide archaeological and paleontological recommendations, with the minutes of said meeting being included in the staff report for consideration by the City Council; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2010-608, and has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, the Planning Department published a City Council public hearing notice for this request in The Desert Sun newspaper on July 22, 2011, as prescribed by the La Quinta Municipal Code, with public hearing notices also having been mailed to all property owners within 500 feet of the site; and "• 325 Resolution 2011- Tentative Tract Map 36279- Pedcor Commercial Development August 2, 2011 WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following findings to justify their approval of Tentative Tract 36279: 1. The proposed Tentative Tract Map 36279 is consistent with the City's General Plan, with the implementation of Conditions of Approval. The project density of 1.2 units per acre is consistent with the adopted Very -Low Density Residential land use designation of up to two dwelling units per acre, as set forth in the General Plan. 2. The design and improvements of the proposed Tentative Tract Map 36279 are consistent with the City's General Plan, to provide for adequate storm water drainage, and other infrastructure improvements with the implementation of recommended conditions of approval to ensure proper street widths, perimeter walls, storm drainage facilities, and timing of their construction. 3. The La Quinta Planning Department has prepared Environmental Assessment 2010-608. Based on this Assessment, the Planning Director has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance. A pre -construction survey will be conducted for burrowing owl species, the only species of concern identified for this site. Monitoring for potential paleontological resources will be required. A perimeter block wall requirement will address the potential for noise impacts. A Mitigation Monitoring Program (MMP) has been prepared and is recommended for certification with said Environmental Assessment. 4. The design of Tentative Tract Map 36279 and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2010-608, in which no significant health or safety impacts were identified for the proposed project. 5. As conditioned, the design of Tentative Tract Map 36279 and type of improvements, will not conflict with easements, acquired by the public -at -large, for access through, or use of property within the proposed subdivision. A reciprocal access agreement has been provided for drainage and roadway improvements affecting the proposed tentative map and the adjacent approved Tentative Tract Map 33085. u 826 Resolution 2011- Tentative Tract Map 36279- Pedcor Commercial Development August 2, 2011 6. The site for Tentative Tract Map 36279 is physically suitable for the proposed subdivision, as natural slopes do not exceed 20%, and there are no identified geological constraints on the property that would prevent development pursuant to the geotechnical study prepared for the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures specified by the Mitigation Monitoring Program of Environmental Assessment 2011-608, prepared for Tentative Tract Map 36279; 3. That it does hereby grant approval of Tentative Tract Map 36279, 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 La Quinta City Council, held on this 2nd day of August, 2011, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ". 327 Resolution 2011- Tentative Tract Map 36279- Pedcor Commercial Development August 2. 2011 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney 328 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel, and shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, 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"). This Tentative Tract Map shall expire two years from the date of 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). The two year time period shall be tolled during the pendency of any lawsuit that may be filed, challenging this Tentative Tract Map and/or the City's CEQA compliance. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. Tentative Tract 36279 shall comply with all applicable mitigation measures as adopted under Environmental Assessment 2010-608. 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: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form - Whitewater River Region, Improvement Permit► • Planning Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District (CVUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. A California Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number, prior to the issuance of a grading or building permit by the City. 6. The applicant shall comply with applicable provisions of the City's National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7- 2008-0001 and the State Water Resources Control Board's Order No. 2009-0009- DWQ and Order No. 2010-0014-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 11 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. 1.11.-330 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 D. 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. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The inclusion in the Master HOA Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required. 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. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 10. 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. 11. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 331 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 12. The applicant shall offer for dedication on the Final Map all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 13. The public ,street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Madison Street (Primary Arterial, Option A 110' ROW) - The standard 55 feet from the centerline of Madison Street for a total 110-foot ultimate developed right of way. 14. 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. 15. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) Property line shall be placed at the back of curb similar to the lay out shown on the preliminary grading plan/tentative map and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. 2) Beth Circle - 60 foot right of way with two minimum 20' lanes and a raised median as shown on the Tentative Tract Map. 3) Private Street "E" - 62 foot right of way with two minimum 20' lanes and a raised median as shown on the Tentative Tract Map. B. CUL DE SACS 1) Cul-de-sac, 50' Right -of -Row (ROW) at the Cul-de-sac bulb. 16. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 17. 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. q_ 332 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 18. 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. 19. 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. 20. The applicant shall create perimeter landscaping setbacks along all public rights -of - way as follows: A. Madison Street (Primary Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 21. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 22. Direct vehicular access to Madison Street from lots with frontage along Madison Street 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. p:�' 333 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 23. 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. 24. When an applicant proposes the vacation, or abandonment, of any existing right-of- way, or access easement, the recordation of the tract map is subject to the Applicant providing an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 25. 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. STREET AND TRAFFIC IMPROVEMENTS 26. The applicant shall comply with the provisions of La Quinta Municipal Code (LQMC) Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 27. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 28. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses): A. OFF -SITE STREETS 1) Madison Street (Primary Arterial) - 1 10' R/W: Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located forty-three feet (43') west of a 334 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 the centerline. Interim improvements shall be designed and constructed as approved by the City Engineer. Other required improvements in the Madison 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. b) A 10-foot wide Multi -Use Path. The applicant shall construct a multi -use path per La Quinta Standard 260 along the Madison Street frontage within the landscaped setback. The path surface shall be a binding, stabilized decomposed granite as approved by the City Engineer. Multi -Use Path boundaries shall be delineated by a 4-inch wide concrete border between the path and adjacent landscaping. The location and design of the path shall be approved by the City. A split -rail fence shall be constructed along the roadway side of the multi -use path in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At -grade intersection crossings shall be of a medium, design and location as approved by the Engineering Department on the street improvement plan submittal. Improvements in the Madison Street right-of-way eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program: c) Half -width of an 18-foot wide raised landscaped median along the entire frontage of the Tentative Tract Map. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Beth Circle — Construct full improvements within a 60-foot right-of-way, which shall be divided into two minimum 20' traveled lanes with a center landscaped median (Entry Street) as approved by the City Engineer. 2) Private Street "E" — Construct full improvements within a 62-foot right- of-way, which shall be divided into two minimum 20' traveled lanes with a center landscaped median as approved by the City Engineer. ��. 335 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 3) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 11 Private Cul-de-sacs shall be constructed to Riverside County Standard 800 for symmetrical Cul-de-sacs and Standard 800A for offset Cul-de- sacs, and both shall be constructed with a 50-foot curb radius, measured gutter flow -line to gutter flow -line. 29. 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, or as approved by the City Engineer. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn -around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the 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. 30. 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 Collector Secondary Arterial Primary Arterial 3.0" a.c./4.5" c.a.b. 4.0" a.c./5.0" c.a.b. 4.0" a.c./6.0" c.a.b. 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. p._ 336 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 31. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 32. General access points and turning movements of traffic are limited to the following: Primary Entry (Beth Circle): Right turn in, right turn out, and left turn in only. Left out turning movement is prohibited. 33. 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. 34. 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. 35. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. FINAL MAPS 36. Prior to the City's approval of a Final Map, the applicant shall furnish accurate 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 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 37. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 38. 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 n." 337 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan B. PM10 Plan 1 " = 40' Horizontal 1 " = 40' Horizontal C. WQMP (Plan submitted in Report Form) NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. Off -Site 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. F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through F to be submitted concurrently. (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. G. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 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 I." 338 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 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 2010 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 Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. 39. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 40. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 41. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 42. 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. 339 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 43. 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 LQMC Chapter 13.28 (Improvement Security). 44. 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. 45. 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 actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 3rtl Residential Building Permit (11 lots total). In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 46. 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 as 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. p.� 340 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 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. 47. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 48. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 49. 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. 50. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. 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 a .': 341 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 51. 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. 52. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) feet of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0.5") in the first eighteen inches (18") behind the curb. 53. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 54. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 55. 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. 56. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 57. 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 ...Q " 342 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 58. Stormwater handling shall conform to the approved hydrology and drainage report for Tentative Tract Map No. 36279. Nuisance water shall be disposed of in an approved manner. 59. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 60, 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. 61. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to.be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 62. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 63. No fence or wall shall be constructed around any retention basin unless approved.by the Planning Director and the City Engineer. 64. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 65. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback a.^ 343 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 66. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 67. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 68. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 69. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001 . A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. 117-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 70. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). N 344 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 71. 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. 72. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. Interim improvements shall be designed and constructed as approved by the City Engineer, as well as the appropriate utility provider. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 73. 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. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 74. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. FIRE DEPARTMENT 75. For residential areas, provide approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 400 or 600 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a two- hour duration at 20 PSI. 76. For any buildings with public access i.e. recreational halls, clubhouses, etc. or buildings with a commercial use, i.e. gatehouses, maintenance sheds, etc., minimum fire flow for these areas would be 1500 GPM for a two-hour duration at 20 PSI. 77. Residential fire sprinklers are required in all single-family dwellings per the California Residential Code, California Building Code, and the California Fire Code. Applicants for residential permits in this subdivision must contact the Riverside County Fire Department for the Residential Fire Sprinkler Standard. 345 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 78. 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 any individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 79. Fire apparatus access roads and driveways shall comply with Riverside County Fire Department Standard #06-05 (located at www.rvcfire.org). Access lanes will be designed to withstand a weight of 80,000 lbs. over two axles, have a turning radius capable of accommodating fire apparatus, and shall be constructed as an all-weather driving surface. 80. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of fire hydrants. Markers shall be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 81. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 82. Any turn -around requires a minimum 38-foot turning radius. 83. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 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. 84. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted td 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. LANDSCAPE AND IRRIGATION 85. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 86. The applicant shall submit final landscape plans for review, processing and approval to the Planning Department, in accordance with the Final Landscape Plan application process. Planning Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Director determines extenuating circumstances exist which justifies an alternative processing schedule. •" 346 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to re -submittal for signature by the Planning Director. Landscape plans for landscaped medians on public streets shall be approved by the both the Planning Director and the City Engineer. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Director and/or City Engineer. 87. The final landscape plan submittal shall incorporate the following provisions: • All Citrus trees, relocated or removed/replaced, shall be an equivalent minimum 24-inch box size (equivalent 2.0 caliper). • Both Washingtonia Robusta and Washingtonia Filifera palms shall be planted at the project entry, with every third palm to be of the Filifera species. • A rip -rap or cobble stone treatment shall be provided in the retention basin at the drywell inlet, to mitigate sediment intrusion to the drywell system. • Final landscape plans shall identify that Gazanias, Red Yucca, Blue Elf Aloe and Pink Mulhy shall be at least 2 gallon size. 88. Final field inspection of all landscaping materials, including all vegetation, hardscape and irrigation systems is required by the Planning Department prior to final project sign -off by the Planning Department. Prior to such field inspection, written verification by the project's landscape architect of record stating that all vegetation, hardscape and irrigation systems have been installed in accordance with the approved final landscape plans shall be submitted to the Planning Department. 89. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 90. 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 or latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right- of-way. N. 347 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 91. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). Any freestanding lighting shall not exceed 18 feet in height, and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. 92. Any water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. Any proposal for renovation or other re -use of the existing water feature at Lot 'F' shall be included in the final landscape plans and water efficiency calculations per Municipal Code Chapter 8.13. PUBLIC SERVICES 93. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 94. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 95. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 96. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 97. Perrmits 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). 98. 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. 99. Tentative Tract 36279 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 q 348 Resolution 2011- Conditions of Approval - RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 LQMC, the amount of park land required for 11 lots is 0.084 acres. The in -lieu payment 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. Payment of the in -lieu fee shall be made prior to, or concurrently with recordation of the first final map within the tentative map. 100. A fee shall be paid to Riverside County, as required by the County to post the Notice of Determination and offset costs associated with AB 3158 (Fish and Game Code 711.4). The fee shall be based on the established County fee schedule for filing a Negative Declaration for posting. The fee is to be payable to Riverside County, and is due to the Planning Department within 24 hours of City Council approval. 101. 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. 102. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. PLANNING DEPARTMENT 103. 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. 104. An archaeological monitor shall be required to be present during all earth moving activities. The monitor shall be empowered to stop or redirect such activities if resources are identified. The applicant shall provide verification to the Planning Department of the execution of a monitoring contract to perform services prior to any ground disturbance on the site. The findings of the monitoring effort shall be documented in a report delivered to the Planning Department no more than 30 days from the completion of monitoring activities and/or project grading. 105. Excavation, trenching and grading shall be monitored by a qualified paleontological monitor. The monitor shall be prepared to quickly salvage fossils, if unearthed, to avoid construction delays, but shall have power to stop construction to remove large or abundant specimens. Recovered specimens should be identified and curated at a repository with permanent retrievable storage that would allow for further research in the future. 349 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 A report of findings, including, when appropriate, an itemized inventory of recovered specimens and a discussion of their significance, shall be prepared. The report and inventory shall be submitted to the City within 30 days of the completion of earth moving activities on the site. 106. The following mitigation measure is required for compliance with interior and exterior noise level thresholds: • All perimeter homes adjacent to Madison Street shall have central air conditioning as a standard feature, and should be equipped to provide 60 CFM of supplemental ventilation in any rooms directly facing Madison Street. 107. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check for each proposed dwelling unit along Madison Street, based on final lot layout and pad elevations, to demonstrate that the City's standards for interior and exterior CNEL levels will be met and that the existing Madison Street wall will adequately mitigate noise levels. 108. Review of architecture and landscaping for production and/or individual custom homes, shall be subject to Title 9, Section 9.60.330 and 9.60.340, LQMC, as applicable. The Planning Director shall determine if the unit(s) applied for constitute custom homes or production -level units. Any custom home design guidelines that may be required shall be reflected or referenced in the CC&R's for TTM 36279. 109. For any new and existing walls or wall sections, including any proposed sound walls, entry wall areas, and property line walls, a master wall plan shall be subject to review and approval by the Planning Department. The master wall plan shall specify colors and materials to be used for all existing and proposed walls, capping, pilasters, entry monuments, planters, and any other such features, as may be applicable. 110. For all lots, any structure or portion thereof, located within 150' of the Madison Street ROW, 150' of the west perimeter property line, or 40' of the north perimeter property line shall not exceed 22' in height except as noted in Condition #112 regarding Lot 6. 111, Street name approval shall be required for Evangeline Way, as proposed on the Tentative Tract Map exhibit. Street name(s) shall be reviewed by the Planning, Public Works, and Fire Departments at or prior to final map plan checking. 112. Lot 6 of the Tentative Tract Map exhibit includes an accessory building that has previously been used as an equipment and storage garage for various purposes. It has been determined that the building was legally permitted, and can be retained. However, no expansion of the structure's use is permitted until the Building and Safety Department has conducted a Special Inspection to determine if the building is 350 Resolution 2011- Conditions of Approval — RECOMMENDED Tentative Tract Map 36279, Pedcor Commercial Development August 2, 2011 structurally sound and in compliance with applicable building codes, as determined by the Building and Safety Director. At that time, the building must also meet all otherwise applicable zoning regulations pertaining to the underlying zoning district(s). As this building is considered a legal pre-existing structure, only zoning standards not related to structural development standards, such as lot coverage, shall be enforced, provided that no structural expansions or substantial alterations to the structure are undertaken. Nothing in this condition shall be construed as precluding the applicant/owner of Lot 6 from.demolition or removal of the structure, at his/her discretion. 113. The existing entry wall signs shall be submitted for sign permit review, in accordance with the sign application procedures, and shall be shown to conform to requirements of Chapter 9.160 (Signs) of the LQMC. Signs found not in conformance with the City sign regulations shall be removed and/or modified, based on the sign permit application provisions. u 351 AVENUE ATTACHMENTI 50 TO. Z6S WSTA IRbILA � �0 L.Q. AVENUE 51 0 SITE! // ESTA TTM =85 o T�OLO 'ES CAB 1 AVENUE 52 1 0 VICINITY MAP N,T,S, ,p,� 352. �,. ATTACHMENT # 2 ngCDA Pann ommission (e4I . - n/Ii �oo ❑ City Council ❑ Planning Dept. Initials Case No. '! 4 ExhM Tr C?XfMOIT ,M W th Conditions WAS GUIDE ORDINATES 1 EDITION — MAP PAGE 5470, GRID C-7 IDOL DISTRICT 'HELLA VALLEY UNIFIED SCHOOL DISTRICT OD ZONE ID ZONE DESIGNATION "C" — PANEL 06024.5-2270A DATED APRIL 15, 1980 ITIES R, SEWER AND IRRIGATION. 'HELLA VALLEY WATER DISTRICT. ...... (760) 398-2651 TRIO: 4/AL IRRIGATION DISTRICT ............ (760) 398-5811 °HONE, !ON --------------------------------- (800) 483-5000 353 p., ATTA HME TI 3 0 O v D O 0 D co Z D w 0 D t m D 0 m 0 c m -o r^ D Z Z Z G) v w 0 v N v cyl v N 35 4 2010 PHOTOS-TrR 36279 ATTACHMENT'4' THE ORCHARD ESTATES y _ AK y $, �r� ..r .� � I�yC •— �c� L ''t4 N$:- ^2h 11i';iw�. �.P .tee ".e`;. b East Wall —Madison Street r: w � .3T A.+vaS.vi. ..r-.ems � �e�.iet.f.:�✓ lA`C.'• Existing Signage w 7 iP a AERIAL Beth Circle facing entry A . 355 Inside Tract facing North Inside Tract —End of Cal de sac . n •sA�."'�k7�'�iF Y,�s� ��i,� ��"{'r'n �� � i�3°�� �P�'.c� � � j F4'+`k�,.��a ,-.�xL��Wj "i��;... Inside Tract ---Street & Median Islands Owl- >. t}k: — S #. 4W40 tA-$ SdY' +` 6 Inside Tract Facing West Wall Inside Tract Facing South Wall Existing Structure Lot Interior Lot Line Walls from end of Cul de sac • ATTACHMENT'5; � e? a � d • zg � � � � dp•ii i �s ,;e a NOSIONY _ M — xs rxnnv- - -. _ — _ 1 L I I y r Ik I �. 9 x �ed w , •kAx k 5 � �: 'ggy ffi n �`2 -knA`' I... I � ,pFe Ti I I5i �A cAk R� ffiG AI �A o qae a� I" AAr 19 4 n� P9 ig �'' ,sl L 6 9 ria r Ea o �dx yy 1g�� x a kl i! A killIRR�<�I Ell Ir- jX� We AYM- 3N173DNYA3 a, _ 7 I g In 'ao 'a I. eL a� �A •y +L c °� l� { ,&y Q` �I �� I ea. e EF $de a 7 r le ¢ a l 11 E� O w n ffi �tl ffisl� k,`m ga y�e k ffi a Z pw e <: a gees x W -. • — --_ -_ _— Tx _— __ "\ l'JNI [""91 on 1fi153d Gt� �_ \\ 914L20N N1 gl F 1 \ e e i 1 m ATTACHMENT 6 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the Study Session Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 20, 2011 This meeting of the Historic Preservation Commission was called to order at 3:03 p.m. by Chairman Wright. I. LL TO ORDER A. Pledge of Allegiance B. Ro Call II. PUBLIC III. CONFIF IV. CONSk Commissioners Archie Sharp, Wright Absent: \ None Staff :nte, Peggy Redmon, , and Chairman Robert Present: P ing Manager David Sawyer, Principal Planner alla a Nesbit, Assistant Planner Yvonne Franco, and Se tart' Monika Radeva IME : None. ON OF THE AGENDA: Confi ed. CALENDAR: It was moved and seconded by Commiss' ners Puente/Wilbur to approve the minutes of November 18, 10, as submitted. Unanimously approved. V. BUSINESS ITEMS, A. Paleontologic Sensitivity Assessment Report — Tentative Tract Map 36279 — a request of Pedcor Commercial Development for an 11 tract map located at the southwest corner of Avenue 51 and Madison Street. A 359 P:\Reports- HPC\2011\HPC_2-17-11\HPC Min 1-20-11_Approved.docx Historic Preservation Commission January 20, 2011 Principal Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Planning Department. Commissioner Wilbur asked what measures were in place to monitor disturbances. Staff replied it would be up to the tribal monitor's discretion to identify if there have been any disturbances and to investigate them further if necessary. Staff explained the tribal monitor would determine what areas needed to be monitored during the grading process based on the approved grading plan. There being no further discussion, it was moved and seconded by Commissioners Puente/Redmon to adopt Minute Motion 2011-001, approving the Paleontologic Sensitivity . Assessment Report for Tentative Tract Map 36279, as submitted. Unanimously approved. B. Introduction and La Quinta Historical Society Update from Linda Chair n Wright introduced Linda Williams, President of the La into Historic Society {LQHS) and asked for an update. Ms. William said the Historic Preservation Commissi and the LOHS used to be th one and the same at the beginnin he said when the La Quinta Mus m used to be a historical seum only, the LQHS was responsible r managing it. Howev , since it had become a cultural museum a well, it was now naged by Museum Manager Johanna Wickman. Ms. Williams passed out e L S mission statement and newsletter. She noted the letter annou ed the museum's current exhibits as well /ublicShe pcoming events nd ograms. She explained the LQHS was ely involved it the seum's activities, it conferred with seum Man or regarding a exhibits and programs offered, harge maintaining the his rical collection, and raised funds mus m that are used for ex ' its as well as for purchasing . OHS goal was to educe the community, provide s, and ensure the history of the c munity was available to lic. She said the current exhibit at the useum was a dinosaur which would remain for approximately months and would open on February 4, 2011. 6� P:\Reports - HPC\2011\HPC_2-17-1 IUIPC Min 1-20-11_Approved.docx x 3 2 ATTACHMENT 7 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 12, 2011 7:03 P.M. V. PUBLIC HEARINGS: B. Environmental Assessment 2010-608 and Tentative Tract Map 36279; a request by Pedcor Commercial Development for consideration of a recommendation for a Mitigated Negative Declaration of Environmental Impact and a Tentative Tract Map, to create 11 single-family residential lots on 9.14 gross acres, located at the southwest corner of Madison Street and Avenue 51 (also known as Vista Bonita Trail). Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. There being no questions of staff, Chairman Alderson opened the public hearing portion of the meeting and asked if the applicant would like to speak. Mr. David Turner with Coachella Valley Engineers, 77933 Las Montanas Road, Suite #101, Palm Desert, CA, introduced himself and said he was available to answer any questions from the Commission. Vice Chair Wilkinson asked if the existing building on the site would remain. Mr. Turner replied the building would remain and explained what the building was originally intended for. He said currently the building would be used to store landscaping equipment and later on when the site would be developed, if it did not fit within the plans, it would most likely be removed. Mr. Turner asked to clarify condition of approval #112 stating that there would be no further use of the structure, he asked if the existing use of the structure could continue. Commissioner Wright noted he was supportive of the applicant continuing to use the existing structure to store landscaping equipment. ,„ 361 Planning Commission Minutes July 12, 2011 Commissioner Barrows said the way the condition was written, it did not allow for any further use of the existing structure. Staff replied the intent was to forbid further expansion of uses and to simply limit it to what it was originally intended for. Staff noted that the Building and Safety Department must also inspect the structure to ensure that it was structurally sound and compliant with Building and Safety codes. Commissioner Barrows suggested staff clarify the wording of the condition because as it read, it did not reflect staff's intention. Staff replied the condition would be clarified to read that no further expansion of the use of the structure would be permitted. Mr. Turner asked to clarify condition of approval #110. He said when tract 30378 was originally approved there was no height limitation applied, but tract 33085 had a height limitation of twenty-two feet. He expressed a concern about the applied height limitation as he believed the existing structure already exceeds it. Discussion followed regarding the density and height limitations of the development and the height limitation per the La Quinta Municipal Code. Staff explained why the twenty-two feet height limitation was applied. Chairman Alderson asked to confirm that the project to the west .was the Orchards. Staff replied the property to the west outside of the lines of this map was actually the La Quinta Polo Estates. Discussion followed regarding residents' concerns, expressed in the past, from the adjacent properties, during the original approval process, regarding the density and height structures of the project. Staff noted that, even though, no concerns had been expressed regarding the current map, it was prudent to apply the same condition as applied to the existing map located south of the project. Discussion followed regarding the distance from the existing waif to the street curb on the lots located along Madison Street and the depth of the lots located on the west and east side of the project. Staff said the key issue would be where the residences would be built on the lots. Planning Director Johnson explained the applicable development regulations regarding the set -back requirements and height limitations per the La Quinta General Plan. -2- a.; 362 Planning Commission Minutes July 12, 2011 Planning Director Johnson said it was up to the Commission's discretion to decide whether or not a height limitation was warranted for the entire property. He reiterated that the project to the south had already been conditioned to the same height limitation and that the adjacent La Quinta Polo Estates project did not allow any two-story units. Commissioner Wright referenced other projects within the City that had certain lots with two-story units within the developments because the depth of the lots allowed for set -back and height compliance per the La Quinta General Plan requirements. Mr. Turner said he brought up the questions regarding the height limitation because the preexisting structure on the site exceeded the proposed limitation. Staff clarified that condition of approval #112 was worded in a way that acknowledged the existence of that structure and its intent was to apply the zoning standards related to non-structural development standards, such as lot coverage, etc., and not to a pre- established structural condition. Staff asked the City Attorney's input on how to properly address the concern in the condition of approval. City Attorney Kathy Jenson replied that if the concern was with the existing structure, referencing it in condition #110 would eliminate any issues with condition #112. Further discussion followed regarding the existing height limitations on the adjacent lots. Mr. Turner asked the Commission to consider amending condition #112 to apply the twenty-two feet height limitation only to structures located less than 150 feet from Madison Street, but to allow for the height limitation per the La Quinta Municipal Code for structures located farther away than 150 feet. Planning Director Johnson agreed with Mr. Turner's proposals and said the Commission could consider amending the condition in such a way. He pointed out there were other developments within the City, especially particular to custom homes that had used architectural variations that allowed for part of the residence to have second story architectural elements. Chairman Alderson asked if the height limitation was to be applied to lots one through ten that would encompass the preexisting structures 363 Planning Commission Minutes July 12, 2011 exceeding the height limit. Planning Director Johnson replied that condition #110, as recommended by City Attorney Jenson, would address the preexisting structure. Commissioner Barrows asked for staff's or Mr. Turner's input on how the condition should be worded. Planning Director Johnson suggested imposing a single story and twenty- two feet height limitation to lots one through six located within 120 feet of the west property line. He said for lots six and seven located along the north property line, imposing some type of a set -back that would be conditioned to the single story and twenty-two feet height limitation and in this way ensuring that if there were to be any second story elements to the structure, they would be located at a reasonable distance from the lots at the La Quinta Polo Estates. Mr. Turner clarified that the only exception to the condition would be the preexisting structure on lot six. Planning Director Johnson suggested the condition also stipulate that the applicant provide reference of the set -back boundary on the map so that it would be'clearly delineated exactly where the break would apply. Discussion followed regarding the structural height limitation imposed by the La Quinta Municipal Code for residences located along Madison Street. Chairman Alderson asked if the existing block wall around the project would remain. Mr. Turner replied all of the existing walls would be removed with the exception of the perimeter wall along Madison Street. Chairman Alderson asked if the applicant had any intentions of rebuilding the existing water feature located on the northern part of the project. Mr. Turner said the location and condition of the water feature are being evaluated. He expressed a concern that it might encroach into one of the lots which would require the removal of at least a portion of it. He added, if that affected the overall aesthetic look of the waterfall, then the entire feature might have to be completely removed. 364 M Planning Commission Minutes July 12, 2011 Chairman Alderson said the Commission would not be favorable of that type of water feature due to recent developments regarding water conservation. Mr. Turner said he could not give the Commission a definite answer at this time. Chairman Alderson asked if the existing electrical, water, and sewer utilities would be sufficient to accommodate the proposed project. Mr. Turner replied the electric, water, and sewer utilities had been installed. He explained that additional water and sewer lines would have to be installed based on meetings with the utility companies. Chairman Alderson asked if the Commissioners had additional questions of the applicant. There being no further questions he closed the public hearing portion of the meeting and opened the matter for Commission discussion. There was no furtherdiscussion and it was moved and seconded by Commissioners Wilkinson/Barrows to approve Resolution 2011-009 recommending to the City Council approval of Environmental Assessment 2010-608, subject to the conditions submitted. AYES: Commissioners Barrows, Wilkinson, Wright and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. There was no further discussion and it was moved and seconded by Commissioners Wilkinson/Wright to approve Resolution 2011-010 recommending to the City Council approval of Tentative Tract Map 36279, subject to the conditions submitted with the following revisions: a. Amend Condition 110 to be applied in accordance with the provisions of Section 9.50.020 of the LQMC. In addition, the one-story/22-foot restriction shall also apply within 150 feet of the west property line for Lots 1 through 6, and to any structures within 40 feet of the north property line, for Lots 6 and 7. The restriction shall not apply to the existing structure on Lot 6. ,M. 365 -5- Planning Commission Minutes July 12, 2011 b. Amend Condition 112 to allow use of the preexisting building once a special inspection has been conducted by the Building and Safety Department. AYES: Commissioners Barrows, Wilkinson, Wright and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. �. 366 M 04 Tur s OF 18ti9 COUNCIL/RDA MEETING DATE: August 2, 201 1 ITEM TITLE: Public Hearing to Consider an Ordinance Amending the La Quinta Municipal Code, Section 9.170 Communication Towers and Equipment, Section 9.40.040 Table of Permitted Uses, Section 9.60.080 Satellite Dish and other Antennas, Section 9.80.040 Table of Permitted Uses, Section 9.90.020 Roof Projections, Section 9.100.070 Satellite Dish and other Antennas, and Section 9.120.020 Table of Permitted Uses RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: 3 Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading amending the La Quinta Municipal Code Section 9.170 "Communication Towers and Equipment". , FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW Section 9.170 "Communication Towers and Equipment" of the La Quinta Municipal Code (L.Q.M.C) was last reviewed by the City Council in 1994 and adopted under Resolution 94-248. Since then, the Planning Commission has approved twenty (20) telecommunication facilities in the City. The purpose of this proposed update is to s.. 361 address changes in design and industry standards for telecommunication facilities. The proposed code changes will permit a more comprehensive review process, allow for better siting of new facilities, and provide additional flexibility for proposed colocations and building -locations. PROPOSAL The amendments to Section 9.170 of the Zoning Code are intended to bring the City's review process up-to-date with technological changes and to permit flexibility to the siting of new telecommunication facilities (ZOA 1 1-104 Zoning Ordinance Exhibit A). In addition, minor changes have been made to Section 9.40.040 "Table of Permitted Uses" (ZOA 1 1-104 Zoning Ordinance Exhibit B), Section 9.60.080 "Satellite Dish and Other Antennas" (ZOA 1 1-104 Zoning Ordinance Exhibit C), Section 9.80.040 "Table of Permitted Uses" (ZOA 11-104 Zoning Ordinance Exhibit D), Section 9.90.020 "Roof Projections" (ZOA 1 1-104 Zoning Ordinance Exhibit E), Section 9.100.070 "Satellite Dish and Other Antennas" (ZOA 11-104 Zoning Ordinance Exhibit F), and Section 9.120.020 "Table of Permitted Uses" (ZOA 11-104 Zoning Ordinance Exhibit G). Definitions In order to accommodate the proposed changes in the Telecommunication Ordinance, Section 9.170.020 "Definitions" was expanded to include several new definitions as they relate to wireless telecommunication facilities. Sitin�c Section 9.170.030 "Permitted Locations" has been revised entirely to encourage better siting for new wireless telecommunication facilities. The current section permits telecommunication facilities in every zoning district in the City. The proposed code changes provide for a hierarchy of preferred zoning districts in which new telecommunication facilities can locate, with a preference for preserving open space and locating telecommunication facilities closer to community facilities and commercial zoning districts. Approval Standards The proposed changes to the subsection "Approval Standards" separate general standards for all proposed telecommunication facilities and provides approval standards for specific types of facilities, such as towers facilities, and building -mounted locations. The provisions are as follows: Tower Provisions: The code amendment proposes to provide additional approval standards, separate from other types of facilities, specifically for new telecommunication towers. Per the amendment, telecommunication towers must incorporate stealth/camouflage designs into the facility. In addition, towers should be a.. 368 designed to function at the minimum height possible. The code update also eliminates an existing substantial setback requirement for new towers. Currently, the municipal code has a setback from all property lines of the tower's height plus twenty-five (25) feet. The proposed change would keep this setback only for towers located adjacent to the City's designated image corridors. For all other properties, new facilities shall conform to.the setback standards in the underlying zoning district.. Roof/Building-mounted Provisions: This is an addition to the ordinance to address proposed roof and/or building -mounted facilities. The new provision addresses the screening of the facility from surrounding properties and provides that new equipment blend architecturally with the design of the building. Other Facilities: The proposed amendment to the code is intended to be all inclusive of the potential types of telecommunication facilities. Therefore, language has been provided to ensure that non -tower, non -building -mounted facilities are stealth into the surrounding environment. Application The code amendment delineates between new wireless telecommunication facilities and proposed modifications and/or co -location to existing facilities. For all new telecommunication facilities a Conditional Use Permit is required, as currently required by the code. However, modifications and/or co -locations to existing telecommunication facilities are eligible to be considered via a Minor Use Permit subject to Planning Director approval. The proposed separation of permits is intended to encourage applicants to use existing telecommunication facilities prior to proposing new telecommunication facilities. In addition, the proposed code amendment expands the current "Application" subsection to include additional submittal requirements. The additional submittal requirements include photo simulations, Radio Frequency (RF) maps, and a justification letter explaining the need for the wireless telecommunication facility and an evaluation of alternative sites. Operations and Maintenance The code amendment proposes the addition of an "Operations and Maintenance" subsection; subsection 9.170.080. The proposed subsection is intended to address facility maintenance and to provide for a 10-year review by the Planning Commission. The 10-year review will allow the Planning Commission to determine that all conditions of approval and municipal standards have been adhered to by the applicant. " - 369 Findings of Approval This is a new subsection intended to provide findings of approval before any new telecommunication facility can be approved. Findings for approval of new telecommunication facilities include: compliance with the General Plan, minimizing adverse visual impacts, and protection of public health and safety. The current code omits Findings. Other Code Changes In addition to the major revisions to Section 9.170, minor language changes are required for all Municipal Code sections which reference Section 9.170. The changes to Section 9.40.040, Section 9.60.080, Section 9.80.040, Section 9.90.020, Section 9.100.070, and Section 9.120.020 will now refer to the new updated Telecommunication Ordinance. ANALYSIS: The proposed changes to the telecommunication ordinance expand the ordinance to accommodate changes in technology, design, and siting of new telecommunication facilities. Staff reviewed existing telecommunication ordinances from all Coachella Valley cities and select cities in the Bay Area, San Diego and Los Angeles areas. In addition, staff utilized free internet resources from the American Planning Association (APA), the Telecommunication Industry Association, and the Kramer Telecom Law Firm. The proposed changes, particularly the proposed changes to the "application" and "approval standards" will significantly improve the siting of new telecommunication facilities by providing a list of submittal requirements and encouraging co -location of facilities. In addition, changes to the code are intended to protect public health and welfare by listing preferred locations and ensuring minimal visual impacts from new facilities. Other changes to the code are minor and are intended to ensure consistency within the Municipal Code. All "Tables of Permitted Uses" have been updated to refer to both new telecommunication facilities and co -locations to existing facilities. In addition, all other applicable sections have been updated to refer to the Telecommunication Ordinance as "Section 9.170 Wireless Telecommunication Facilities". Environmental Review The proposed code amendments have been determined the proposed amendment is exempt, pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act statutes, and Section 15061(6)(3), review for » 370 California Environmental Quality Act (CEQA) guidelines. In addition, future telecommunication facility projects which may be affected by any of the proposed changes would be individually addressed under the California Environmental Quality Act. Planning Commission The Planning Commission conducted a public hearing and considered the proposed text amendments at its July 12, 2011 meeting (Attachment 1). Following the staff report, the Commissioners discussed the proposed changes and inquired if the any existing facilities would not be approved under the new code. Staff responded the exposed facilities, such as those on top of the Thane Building on Calle Tampico and on top of Simon Motors would not be permitted. No public comments were made. The Planning Commission approved Resolution 201 1-011, recommending Council approval of the proposed Zoning Code Amendments. Public Notice This project was advertised in The Desert Sun newspaper on July 20, 2011. To date, no comments have been received. Any written comments received following the posting of this report will be handed out at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Ordinance. The alternatives available to the Council include: 1. Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading amending the La Quinta Municipal Code Section 9.170 "Communication Towers and Equipment". 2. Do not move to take up Ordinance Nos. 3. Provide staff with alternative direction. Respectfully submitted, Les Johnson, Planning D' ector " 371 Approved for submission by: Thomas P. Genovese, City Manager Attachment : 1. Planning Commission Minutes - July 12, 2011 " 372 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE TITLE 9.170 COMMUNICATION TOWERS AND EQUIPMENT, SECTION 9.40.040 TABLE OF PERMITTED USES, SECTION 9.60.080 SATELLITE DISH AND ANTENNAS, SECTION 9.80.040 TABLE OF PERMITTED USES, SECTION 9.90.020 ROOF PROJECTIONS, SECTION 9.100.070 SATELLITE DISH AND OTHER ANTENNAS, AND SECTION 9.120.020 TABLE OF PERMITTED USES WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Zoning Ordinance that necessitate an amendment to the Zoning Ordinance ("Zoning Ordinance Amendment'); and, WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 121" day of July, 2011, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment proposing to amend Section 9.170 Communication Towers and Equipment, Section 9.40.040 Table of Permitted Uses, Section 9.60.080 Satellite Dish and other Antennas, Section 9.80.040 Table of Permitted Uses, Section 9.90.020 Roof Projections, Section 9.100.070 Satellite Dish and other Antennas, and Section 9.120.020 Table of Permitted Uses; and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on July 20, 2011, as prescribed by the Municipal Code, advertising the public hearing before the City Council on the Zoning Ordinance Amendment; and WHEREAS, The City Council held day of August, 2011, and considered presented at said hearing; and a duly noticed public hearing on the 2nd the evidence, both written and oral, a 373 Ordinance No. Zoning Code Amendment 2010-104 Adopted: Page 2 WHEREAS, the City Council has made findings regarding the proposed zoning code amendment, in that the amendment is consistent with the goals, objectives, and policies of the General Plan; and WHEREAS, the proposed zoning code amendment will not create conditions materially detrimental to the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of.the City of La Quinta does ordain as follows: SECTION 1. Title 9.170 of the Zoning Ordinance of the La. Quinta Municipal Code, is amended as identified on Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", Exhibit "E", Exhibit "F", and Exhibit "G"; attached hereto and incorporated herein by reference. SECTION 2. FINDINGS. The City Council hereby finds that this Ordinance is consistent with the La Quinta General Plan insofar as it complies with the goals, objectives, and policies set forth in that document; and that the proposed zoning code amendment will not create conditions materially detrimental to the public health, safety and general welfare. SECTION 3. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061 (13)(3), Review for Exemptions of the CEQA Guidelines. SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and is any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operations to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 6. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. N 374 t Ordinance No. Zoning Code Amendment 2010-104 Adopted: Page 3 SECTION 7. POSTING. The City Clerk shall, within 15 days after passage of this 'Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 2Id day of August, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California a 375 Ordinance No. Zoning Code Amendment 2010-104 Adopted: Page 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. xxx which was introduced at a regular meeting on the 2nd day of August, 2011, and was adopted at a regular meeting held on the 2nd day of August, 2011, not being less than five days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California »- 376 EXHIBIT A Chapter 9.170. Wireless Telecommunication Facilities 9.170.010 PURPOSE The purpose of this chapter is to provide a uniform and comprehensive set of standards for the development of wireless telecommunication facilities. The regulations contained herein are intended to protect and promote public health safety, and welfare and the aesthetic quality of the city while providing reasonable opportunities for telecommunication services to provide such services in a safe, effective and efficient manner. These regulations are intended to address the following community concerns: A. To minimize adverse visual effects of towers and accessory buildings associated with wireless telecommunication facilities through careful design, siting and vegetative screening; B. To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; C. To lessen traffic impacts on surrounding residential districts; D. To maximize use of any new and existing telecommunication tower and to reduce the number of towers needed; E. To ensure radio frequency radiation is in compliance with federal requirements; and F. To allow new telecommunication towers in residential areas only if a comparable site is not available outside residential areas. 9.170.020 DEFINITIONS peweF input to the aAteRna multiplied by the AuFneFisal peweF 9aiR of the A. "Antenna" any system of wires poles rods panels reflecting discs or similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external or attached to the exterior of a structure. B. "Building mounted" — any antenna or other antenna associated support equipment resting on the ground directly attached or affixed to the side of a building tank tower or other structure other than a telecommunication tower. .M 377 C. "Co -location" - the placement of two or more wireless telecommunication facilities service providers sharing one support structure or building for the location of their facilities. D. "Existing facilities" - an existing structure located in the public right-of-way or a building with an approved Site Development Permit and/or an existing telecommunication facility with a previously approved Conditional Use Permit. E. "FAA" - Federal Aviation Administration F. "FCC' - Federal Communication Commission G. "FCC OET Bulletin 65" - refers to the Federal Communication Commission Office of Engineering and Technology Bulletin 65 - "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofreguency Electromagnetic Fields". H. "Free-standing Towers" - includes all telecommunication towers used in association with the mounting and/or placement of antenna and associated equipment. h `General Population" - all persons who are not direct family members, relatives, or employees of the owner or operator of a source of NIER of the owner or other users of the site of an NIER source. J. "Ground -mounted" - an antenna or other antenna associated support equipment with its support structure placed directly on the ground. K. `Hand-held source" - means a transmitter normally operated while being held in the hands of the user. L. "Height of antenna above grade or ground" - means the vertical distance between the highest point of the antenna and the finished grade directly below this point. M. "Highest calculated NIER level" - means the NIER predicted to be highest with all sources of NIER operating. N. "Lattice Tower" - a three or more legged open structure designed and erected to support wireless telecommunication antennas and connecting appurtenances. O. "Monopole" - a single pole structure designed and erected to support wireless telecommunication antennas and connecting appurtenances. P. "Roof -mounted" - an antenna directly attached to the roof of an existing building, water tank, tower or structure other than a telecommunication tower. Q. "Satellite Dish" - any device incorporating a reflective surface that is solid, open mesh or bar configuration, that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern. R. "Shared Capacity" - means that capacity for shared use whereby a tower can accommodate multiple users simultaneously. Tower height, antenna weight, design and the effects of wind are prime determinants of capacity. S. "Sole -source emitter" - one or more transmitters only one of which normally transmits at a given instant. T. "Stealth" - improvements or treatments added to a wireless telecommunication facility which mask or blend the proposed facility into the existing structure or visible backdrop in such a manner as to minimize ,11 378 its visual impacts, or any design of a wireless telecommunication facility to achieve same. Stealth designs may utilize, but does not require, concealment of all components of a facility. Examples of stealthing include, but are not limited to, the design and construction of a tower so that it is disguised as a flagpole, tree, palm or sculpture, or the incorporation of colors and design features of nearby structures. U. 'Telecommunication Tower - a monopole or lattice tower. V. "Wireless Telecommunication Facility or Facilities" - any structure, antenna, pole, equipment and related improvements, the primary purpose of which is to support the transmission and/or reception of electromagnetic signals, including, but not limited to, telecommunication towers. W. "Vehicle source" - a transmitter regularly used in vehicles that normally move about. 9.170.030 PERMITTED LOCATIONS A. Location Preferences - location preferences are provided in furtherance of the purpose of this chapter, as set forth under Section 9.170.010. To the maximum extent feasible, new telecommunication facilities shall be located according to the following preferences, with the most preferred sites listed first: 1. Major Community Facilities (MC), Parks and Recreation (PR), and Industrial (1) zoning districts; 2. All Commercial zoning districts; 3. Very Low Density (VRL), Residential Low Density (RL), Medium Density Residential (RM), and Medium High Density Residential (RMH) zoning districts; 4. High Density Residential (RH); and the 5. Open Space (OS) and Flood Plain (FP) zoning districts. G. T.. ..a,. o Way D. CA r. CAll daf telephone; a 319 9.170.040 APPLICABILITY This chapter shall apply to all wireless telecommunication facilities for the transmission and/or reception of wireless radio, television, and other telecommunication signals including, but not limited to, commercial wireless communication systems such as cellular and paging systems, except those facilities defined in this chapter as exempt facilities. 9.170.050 EXEMPTION The following uses are exempt from this chapter but may be regulated by other sections of the municipal code: A. Portable hand-held devices and vehicular transmission; B. Industrial, scientific and medical equipment operating at frequencies designated for that purpose by the FCC; C. Government -owned communication facilities used primarily to protect health, safety and welfare; D. Facilities operated by providers of emergency medical services, including hospital, ambulance and medical air transportation services, for use in the provision of those services; E. A source of nonionizing electromagnetic radiation with an effective radiated power of seven watts or less; F. A sole -source emitter with an average output of one kilowatt or less if used for amateur purposes, such as CB radios, G. Goods in storage or shipment or on display for sale, provided the goods are not operated except for occasional testing or demonstrations; H. Amateur or "ham" radio equipment; I. Satellite receiving dishes regulated by Section 9.60.080 and 9.100.070; and J. Any facility specifically exempted under federal or state law. 9.170.060 APPROVAL STANDARDS :..................... ... ..:.:. . MR A. General Approval Standards for all Telecommunication Facilities include: 1. Compliance with all federal and state statutes including but not limited to, FCC licensing, NIER levels and FAA requirements 2. Addition of the planned equipment to an existing or approved tower shall not result in NIER levels in excess of those permitted by the FCC. 3. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. Telecommunication Tower Provisions: 1. All towers shall incorporate stealth/camouflaged design(s) to the maximum extent feasible to avoid adverse visual impacts to the surrounding properties and the community as a whole; 2. The base of the tower shall comply with the setback standards in the underlying zoning district, except where additional setbacks under Section 9.170.06013.7 apply. 3. Towers shall not be located within primary image corridors as designated in the General Plan. 4. If a telecommunication tower is located adjacent to any of the City's designated Image Corridors, as identified in the City's General Plan the tower's height shall conform to the height limitations as identified in the City's General Plan. 5. All new towers shall be designed at the minimum height functionally required. No new telecommunication tower shall exceed one -hundred (100) feet in height. 6. The proposed tower shall be designed structurally to accommodate the maximum number of foreseeable users, including all potential co - location scenarios. 7. All accessory structures associated with a tower shall comply with the setback standards in the underlying zoning district. 8. Any guy -wire anchors shall be set back twenty-five (25) feet from any property lines. 9. Tower shall not be artificially lighted unless required by the FAA or state aeronautics division. 10. Existing on -site vegetation shall be preserved to the maximum extent feasible. C. Roof -mounted and Building -mounted Telecommunication Facilities: 1. All building -mounted facilities shall comply with Section 9.100.050 of the L.Q.M.C. 2. Equipment shall not be visible to surrounding properties. 383 3. All equipment shall blend or architecturally match the existing design of the building. Elements used to screen roof -mounted or building - mounted equipment shall not appear as "add -on" elements to the existing building. D. Other Facilities: other facilities are described as those telecommunication facilities that do not fit the descriptions above. These facilities may include, but are not limited to, rock features and other wireless telecommunication facility designs. All telecommunication facilities shall be stealth to the maximum extent feasible. 9.170.070 APPLICATION .. .. .Wil. .. .. .. .. .. .. . . .. .. TM FA _ • • •- •i �'.7-L9ST.�!►STTl�:L��17-T7f�'�SliT.�!� ��t�iT .. . . . . .... ... .. . . .. .. ... . . .. . . ... . . MM MTMT-,TESlE7.. All new telecommunication facilities shall require a Conditional Use Permit. Modifications and/or additions to approved existing facilities shall require a Minor Use Permit for Planning Director approval. All modifications and/or additions shall be reviewed on a case -by -case basis. Upon review of an application for modification and/or additions to an existing facility, the Planning Director may schedule the proposal for a hearing with the Planning Commission. In all cases, unless otherwise waived by the Planning Director, an application for approval of a wireless telecommunication facilitv shall include. at a minimum: A. A site plan or plans drawn to scale and identifying the site boundaries; tower(s); guy wires; existing and proposed facilities; vehicular parking and access; existing vegetation to be added, retained, removed or replaced; and uses, structures and land use and zoning designations on the site and abutting parcels. B. A plan drawn to scale showing proposed landscaping, including species type, size, spacing and other features. C. Photo simulations showing the proposed wireless telecommunication facility and surrounding features. Photo simulations shall include at least three different angles of the proposed facility at different distances from the location, including before and after visualizations. D. RF maps showing all existing wireless telecommunication facilities within a ten (10) mile radius of the proposed facility. The RF maps shall show existing coverage without the proposed site, predicted coverage with the proposed site and existing sites, and the predicted coverage of only the proposed site. RF maps shall show the predicted coverage for indoor, in vehicle, and outside service. E. The applicant shall provide a project information and justification letter. The letter shall provide the project location, contact information, a project description and project objectives, alternative site analysis and justification for why the proposed site was chosen over existing sites. The letter shall include justification for the selected site and a benefits summary on how the proposed site will improve wireless telecommunication access in the community. F. A structural report from a California registered structural engineer. The report shall provide the following information: 1. Describe the tower and the technical, economic and other reasons for the tower design; 2. Demonstrate that the tower complies with the applicable structural standards; 3. Describe the capacity of the tower, including the number and type of antennas that it can accommodate and the basis for the calculation of capacity; 4. Show that the tower complies with the capacity requested under Section 9.170.060; and 5. Demonstrate that the proposed sources of NIER are incompliance with FCC guidelines. G. The applicant shall request the FAA, FCC, and state aeronautics division to provide a written statement that the proposed tower complies with applicable regulations administered by that agency or that the tower is exempt from those regulations. If each applicable agency does not provide a requested statement after the applicant makes a timely, good -faith effort to obtain it, the application will be accepted for processing. The applicant shall send any subsequently received agency statements to the Planning Director. H. Evidence that the tower complies with Section 9.170.060A and a letter of intent to lease excess space on the tower and excess land on the tower site except to the extent reduced capacity is required under Section 9.170.060. 1. The applicant shall provide a draft copy of the lease agreement between the tower operator and the property owner to the Planning Department. Financial information may be blocked out. J. A letter of intent, committing the tower owner and his/her successor in interest to: 1. Respond in a timely, comprehensive manner to any request, required under Section 9.170.060, for information from a potential shared -use applicant, the tower owner may charge a party requesting information under Section 9.170.070 to pay a reasonable fee not in excess of the actual cost of preparing a response. 2. Negotiate in good -faith or shared use by third parties; an owner generally will negotiate in the order in which requests for information are received, except an owner generally will negotiate with a party who has received an FCC license or permit before doing so with other parties. 3. Allow shared use if an applicant agrees in writing to pay charges and to comply with conditions described in this section. » 387 should be ehanged.- C. The e6airoi of the antenna, hie .. 388 Minimum SepaFatieft FFGFn Any Point of Antenna, On Fee< ra fF8qU8Al3yQ.91 as 45 IN pill .11!1111111100NN IPA 9.170.080 OPERATIONS AND MAINTENANCE A. All new telecommunication towers shall be designed within the applicable American National Standards Institutes (ANSI) standards. B. No wireless telecommunication facility or combination of facilities shall produce, at any time, power densities that exceed current FCC adopted standards for human exposure to RF (Radio Frequency Radiation Exposure Standards) fields. Failure to comply with FCC Standards will result in the immediate cessation of operation of the wireless telecommunication facility. 390 C. Each telecommunication facility will be subject to a ten (10) year review by the Planning Commission. The review will determine whether or not the originally approved telecommunication facility and accessory equipment are still in compliance with the conditions of approval, and that all radio frequencies are in compliance with FCC OET Bulletin 65. This report shall be prepared by a qualified licensed engineer. D. All wireless telecommunication facilities shall be installed and maintained in compliance with the requirements of the Uniform Building Code, National Electrical Code, the City's Noise Ordinance, and other applicable codes, as well as other restrictions specified in the permit and this section. The facility operator and the property owner shall be responsible for maintaining the facility in good condition, which shall include but not be limited to regular cleaning, painting, and general upkeep and maintenance of the site. E. All wireless telecommunication facilities and related support equipment shall be designed to prevent unauthorized persons from accessing and/or climbing upon any wireless telecommunication facility or appurture thereto. Fences, walls, and other landscape materials shall be installed to prevent unauthorized persons from accessing and/or climbing a wireless telecommunication facility. F. All wireless telecommunication facility operators are required to notify the City of La Quinta's Planning Department within 60 days of any change of ownership of the facility. 9.170.090 REQUIRED FINDINGS OF APPROVAL A. The following findings shall be made by the Planning Commission and/or Planning Director prior to approval of any wireless telecommunication facility: 1. Consistency with General Plan. The wireless telecommunication facility is consistent with the goals, objectives and policies of the general plan; 2. Public Welfare. Approval of the wireless telecommunication facility will not create conditions materially detrimental to the public health, safety and general welfare; 3. The proposed wireless telecommunication facility minimizes adverse visual impacts through careful design and site placement; 4. The proposed wireless telecommunication facility is designed at the minimal height to achieve the service provides objectives for coverage within this portion of the community; 5. The proposed wireless telecommunication facility is necessary, as shown in the applicant's justification letter, to improve community access to wireless service. a 391 EXHIBIT B 9.40.040 Table of permitted uses. Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following: "P": Permitted as a principal use within the district. "A": Permitted only if accessory to the principal residential use on the site. "C": Permitted if a conditional use permit is approved. "M": Permitted if a minor use permit is approved. "H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved. "S": Permitted if a specific plan is approved per Section 9.40.030. "X": Prohibited in the district. Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S= Specific plan required Low Medium High High Very Low Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Residential Uses Single-family detached dwellings P P P P P S Single-family detached patio homes (i.e., S S S S P S "zero lot -line") Duplexes (two units on the same lot) S S S S P P Single-family attached dwellings (two units S S X S P P per building with each unit on its own lot) Townhome dwellings (two or more units per S S X S P P building with each unit on its own lot) Condominium multifamily ("airspace" S S X S P P units) Apartment multifamily (rental units) X X X P P P Mobilehome parks C C C C C C 110 392 Mobilehome subdivisions and manufactured homes on individual lots, subject to Section P P P P P X 9.60.180 Resort residential subject to Section C C X C C C 9.60.320 Guesthouses, subject to Section 9.60.100 A A A A A A Second residential units subject to Section A A A A A A 9.60.090 Group Living and Care Uses Child day care facilities as an accessory use, serving 8 or fewer children, subject to A A A A A X Section 9.60.190 Child day care facilities as an accessory use, serving 9-14 children, subject to Section M M M M M X 9.60.190 Congregate living facilities, 6 or fewer P P P P P X persons Congregate care facility C C C C C C Residential care facilities, 6 or fewer P P P P P P persons Senior citizen residences, 6 or fewer P P P P P P persons, subject to Section 9.60.200 Senior group housing, 7 or more persons, X X X X C C subject to Section 9,60.200 Time share facilities, subject to Section C C C C C C 9.60.280 Bed and breakfast inns C C C C C C Open Space and Recreational Uses Public parks, playfields and open space P P P P P P Bicycle, equestrian and hiking trails P P P P P P Clubhouses and community pools/cabanas P P P P P P Table 9-1 Permitted Uses in Residential Districts (Cont.) P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S= Specific plan required Low Medium High High Very Low Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH I RH Open Space and Recreational Uses (Cont.) Unlighted tennis and other game courts on A A A A A p private property, subject to Section 9.60.150 Lighted tennis and other game courts on M M M C C C private property, subject to Section 9.60.150 Golf courses and country clubs per Section P P P P P P 9.110.040 Driving range with or without lights C C- X C C C Accessory Uses and Structures Home occupations, subject to Section H H H H H H 9.60.110 393 Patio covers, decks, and gazebos, subject to A A A A p p Section 9.60.040 Fences and walls, subject to Section P P P P P P 9.60.030 Satellite dishes and other antennas subject to A A A A A A Section 9.60.080 Swimming pools, spas and cabanas, subject A A A A A A to Section 9.60.070 Garages and carports, subject to Section A A A A A A 9.60.060 Keeping of household pets, subject to A A A A A A Section 9.60.120 On lots of I acre or more, the noncommercial keeping of hoofed animals, fowl (except roosters) and rabbits, subject to Section 9.60.120. Hoofed animals include A A X X X X horses, sheep, goats, pot bellied pigs, and similar. The keeping of horses is subject to Section 9.140.060 and limited to one horse per 2.5 acres. Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the A A A _ A A A premises and are consistent with the purpose and intent of the zoning district. Agricultural Uses Tree crop fanning; greenhouses P X X X X X Field crop fanning P C X X X X Produce stands, subject to Section 9.100.1001 P M X X X X Temporary Uses Garage sales A A A A A A Construction and guard offices, subject to M M M M M M Section 9.60.210 Use of relocatable building M M M M M M Table 9-1 Permitted Uses in Residential Districts (Coot.) P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S= Specific plan required Low Medium High High Very Low Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Temporary Uses (Coot.) Model home complexes and sales offices, M M M M M M subject to Section 9.60.250 Special outdoor events, subject to Section M M M M M -M 9.60.170 Parking of recreational vehicles, subject to A A A X X X Section 9.60.130 Other Uses Churches, temples and other places of C C C C C C worship ". 394 Museum or gallery displaying sculpture, artwork or crafts, including schools for C C C C C C above, on 20 acres or more Community recreational vehicle storage lots, X X X P P P noncommercial Communication towers and equipment (Free-standing, new towers) subject to C C C C C C Chapter 9.170 Communication towers and equipment (Co- location, mounted to existing facility) M M M M M M subject to Chapter 9.170 utility substations and facilities M M M M M M Public flood control facilities and devices P P P P P P Director or planning commission to determine Other principal, accessory or temporary uses whether use is permitted in not listed in this table accordance with Section 9.20.040. (Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 1 (part), 2005; Ord. 394 § 2 (Exh. A) (part), 2003; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 395 EXHIBIT C 9.60.080 Satellite dish and other antennas. A. Purpose. Satellite dish and other antennas consistent with the design and location provisions of this section shall be permitted as accessory structures within any residential district. B. Permitted Commercial Antennas. Commercial television, radio, microwave, communication towers, and related facilities are permitted as principal uses in all districts subject to approval of a conditional use permit and conformance with the requirements of Chapter 9.170 (Wireless Telecommunication Facilities). Satellite dish and other antennas are permitted as accessory structures in nonresidential districts in accordance with Section 9.100.070. C. Permitted Noncommercial Antennas. Noncommercial privately owned television and/or radio antennas shall be contained entirely within a building except for: (1) satellite dish antennas and other antennas which cannot function when completely enclosed by a building; and (2) amateur radio antennas used by operators licensed by the Federal Communications Commission (FCC, pursuant to 47 CFR Section 97). Such permitted outdoor antennas shall comply with the following design standards and requirements: 1. Number. No more than one satellite dish and one amateur radio antenna shall be permitted per lot. 2. Height and Diameter. Satellite dish antennas shall not exceed eight feet in height measured from adjacent grade or finish floor and shall be no more than eight feet in diameter. Amateur radio antennas shall not exceed the maximum building height for the district as specified in Section 9.50.030. 3. Ground -Mounted Antennas. a. Location. All ground -mounted antennas shall be located within the rear yard or may be located within an interior side yard if not within the required side yard setback. Such antennas are prohibited from exterior street side yards unless not visible from the street. All antennas over six feet in height shall be set back a minimum of ten feet from all property lines. b. Screening. Ground -mounted satellite dish antennas shall be screened from view, including views from adjacent yards, by landscaping or decorative structures (trellis, arbor, fence, etc.). The dish antenna shall be a single color that blends with its surroundings (e.g., off-white, dark green, brown, gray or black). C. Disguised Antennas. An antenna which has the appearance of typical backyard furniture or equipment (e.g., satellite dish antenna manufactured to have the appearance of a patio umbrella) is not required to comply with the preceding location and screening standards but shall comply with height and size limits. Such an antenna may be placed on any patio or deck. 4. Building -Mounted Antennas. Roof -mounted and other building -mounted antennas are prohibited in all residential districts if over twenty-four inches in diameter unless completely screened from horizontal view via a parapet wall or other feature which is integrated into the architecture of the building. (Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 396 EXHIBIT D 9.80.040 Table of permitted uses. A. Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential Districts, following, specifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. "W: Permitted if a minor use permit is approved. 5. "T": Permitted as a temporary use only. 6. " V: Prohibited in the district. 7. "S": Permitted under a specific plan. B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not permitted unless the planning director or the planning commission determines that such use is within one of the permitted use categories listed preceeding (e.g., principal use, conditional use, etc.) in accordance with Section 9.20.040. Table 9-5 Permitted Uses in Nonresidential Districts P = Principal use A = Accessory use C = Conditional use Major permit Regional Commercial Community Neighborhood Tourist once Community Commercial Park Commercial Commercial Commercial Commercial Facilities M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CP CC I CN I CT CO MC Retail Uses Retail stores under 10,000 sq. ft, floor area per P A P P A A X business Retail stores; 10,000— P C C C X X X 50,000 sq. ft. floor area Retail stores', over 50,000 C C C X X X X sq. ft. floor area Food, liquor and convenience stores under P A P P A A X 10,000 sq. ft. floor area, . open less than 18 hours/day' Food, liquor and C X C C C X X 397 convenience stores under 10,000 sq. R. Floor area, open 18 or more hours/dayr Plant nurseries and garden supply stores, with no propagation of plants on the C X C C X X X premises, subject to Section 9.100.120 (Outdoor storage and display) Showroom/catalog stores, without substantial on -site P P P X X X X inventory General Services Barbershops, beauty, nail and tanning salons and P A P P P A X similar uses Miscellaneous services such as travel services, photo developing, videotape P A P P P A X rentals, shoe repair, appliance repair, and similar uses Laundromats and dry cleaners, except central P X P P P X X cleaning plants Printing, blueprinting and P P P P P P X copy services Pet grooming —without P X P P P X X overnight boarding Table 9-5 Permitted Uses in Nonresidential Districts (Coat.) P = Principal use A = Accessory use C = Conditional use Major permit Regional Commercial Community Neighborhood Tourist Otrce Community Commercial Park Commercial Commercial Commercial Commercial Facilities M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CP CC CN I CT CO MC Office and Health Services Banks P X P P P P X General and professional P X P P P P C offices Medical offices — physicians, dentists, P X P p P P X optometrists, chiropractors and similar practitioners Medical centers/clinics— X four or more offices in one P X P C X P building Surgicenters/medical clinics P X P C X P X Hospitals C X X X X X C Convalescent hospitals C X C X X X C Veterinary clinics/animal X hospitals and pet boarding C C C C X X (indoor only) Dining, Drinking and we Entertainment Uses Restaurants, other than P A P P P X A drive -through Restaurants, drive -through P A P X P X X Restaurants, counter take- out with ancillary sealing, P P P P P X X such as yoghurt, ice cream, - pastry shops and similar Bars, taverns and cocktail C C C X C X X lounges Dancing or live entertainment as a principal C X C X C X X use Dancing or live entertainment as an A X C C C X X accessory use Theaters, live or motion C X C X C X X picture Tobacco shops without onsite smoking, as per the P X C X C X X provisions of the Heath and Sanitation Code Cigar lounges, hookah bars, and similar uses with onsite smoking, as per the C X X X C X X provisions of the Health and Sanitation Code Recreation Uses Bowling, pool or billiard C X C X C X X centers as a principal use Pool or billiard tables as accessory use (3 tables or A A A A A A X less) Game machines, I 1 or more (as either a principal or C X C C C X X accessory use) Game machines as an accessory use, 10 or fewer A A A A A A X machines Golf courses and country clubs (see GC district X 'A X X C A X permitted uses, Chapter 9.120) Table 9-5 Permitted Uses in Nonresidential Districts (Cont.) P = Principal use A = Accessory use C = Conditional use Major permit Regional Commercial Community Neighborhood Tourist Once Community Commercial Park Commercial Commercial Commercial Commercial Facilities M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CP CC CN CT CO MC Recreation Uses (Cont.) Tennis clubs or complexes C A C X X A C Health clubs, martial arts M M M M M M A studios, and dance smdios, 399 5000 sq. ft. floor area or less Health clubs, martial arts studios, and dance studios, C C C C C C X over 5000 sq. ft. floor area Libraries P X P C P P P Museum or gallery displaying sculpture, P P P P P P P artwork or crafts, including schools for above Parks, unlighted playfields P P P P P P P and open space Lighted playfields X X X X X X C Bicycle, equestrian and P P P P P P P hiking trails Indoor pistol or rifle ranges X C X- X X X X Miniature golUrccreation C X X X C X X centers Assembly Uses Ice skating rinks C X C X X X C Lodges, union halls, social clubs and senior citizen C C C C X X C centers Churches, temples and other C C C C X C X places of worship Mortuaries and funeral C C C X X X X homes Public and Semipublic Uses Fire stations P P P P X P P Government offices and P P P P P P P police stations Communication towers and equipment (Free-standing; C C C C C C C new towers) subject to Chapter 9,170 Communication towers and equipment (Co -location, M M M M M M M mounted to existing facility) - subject to Chapter 9.170 Electrical substations M M M X X X M Water wells and pumping M M M X X X M stations Reservoirs and water tanks X X X X X X M Public flood control P P P P P P P facilities and devices Colleges and universities C X X X X X C Vocational schools, e.g., C C C X X C C barber, beauty and similar Private elementary, intermediate and high C C C C C C C schools Private swim schools C C C X C X C Train, bus and taxi stations C X C X C X C Helicopter pads X X X X C X C Public or private kennels and animal shelters (with X C X X X X C indoor or outdoor pet boarding) Table 9-5 Permitted Uses in Nonresidential Districts (Coot.) P=Principal use Regional Commercial Community Neighborhood Tourist Office Major Commercial Park Commercial Commercial Commercial Commercial Community 400 A = Accessory use Facilities C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Laod Use CR UP CC CN CT CO MC Public and Semipublic - Uses (Cont.) Golf courses and country clubs (see GC district C A C X C A P permitted uses, Chapter 9.I20) Driving range unlighted P A C X P A P Tennis clubs or complexes C A C X C A C Health clubs, martial arts studios, and dance studios, P P P P P P A 5000 sq. ft. floor area or less Residential, Lodging and Child Care Uses Townhome and multifamily C3 C4 X X X X X dwelling as a primary use Residential as an accessory use, e.g., caretaker C C C C C C C residences per Section 9.100.160 Child day care facilities, centers and preschools as a principal use, subject to C C C C X C C Section 9.100.250 (also see - Accessory Uses) Senior group housing, C X X X X X X subject to Section 9.100.260 Rooming and hoarding C X X X X X X houses Single room occupancy (SRO) hotels, subject to C X X X X X X Section 9.100.270 Emergency shelters P P P P P P P Transitional shelters for homeless persons or victims C X X X X X C of domestic abuse Single family residential S X X X X X X Mixed -use projects: residential and S X X X X X X office/commercial RV rental parks and ownership/membership C X C X C X X parks Resort residential S X C X C X X Hotels and motels C X C X C X X Timeshare facilities, subject C X C X C X X to Section 9.60.290 Caretaker residences M M M M M M M Automotive Uses' Golf cart, neighborhood P P P X X X X electric vehicle (NEV), and 40I electric scooter sales Automobile service stations, C C C C X X X with or without minimart Car washes C C C X X X X Auto body repair and X C X X X X X painting; transmission repair Table 9-5 Permitted Uses in Nonresidential Districts (Cont.) P = Principal use A = Accessory use C = Conditional use permit Regional Commercial Community Neighborhood Tourist Office Major Community mmun Commercial Park Commercial Commercial Commercial Commercial Facilities M = Minor use permit T = Temporary use permit X= Prohibited use Land Use CR CP CC CN CT CO MC Automotive Usess(Cont.) Auto repair specialty shops, providing minor auto maintenance: tire sales/service, muffler, C C C X X X X brake, lube and tune-up - services —not including major engine or drivetrain repair Auto and motorcycle sales C C X X X X X and rentals Used vehicle sales, not associated with a new C C X X X X X vehicle sales facility, as per Section 9.100.030 Truck, recreation vehicle C C X X X X X and boat sales Auto parts stores, with no repair or parts installation P P P C X X X on the premises Auto or truck storage yards, X C X X X X X not including dismantling Private parking lots/garages as a principal use subject to C C C X C C X Chapter 9.150, Parking Warehousing and Heavy Commercial Us"' Wholesaling/distribution centers, with no sales to C P X X X X X consumers General warehouses, with C P X X X X X no sales to consumers Mini -storage warehouses X V X X X X X Lumber yards, outdoor (see retail stores for indoor X C X X X X X lumber sales) Pest control services C C X X X X X Plumbing repair shops C P X X X X X Contractor, public utility C C X X X X C and similar 402 equipmentfstorage yards Central cleaning or laundry C C C X X X X plants Communication or relay facilities/antenms as C C C C C C C primary use Industrial and Research Uses Indoor manufacture and assembly of components or finished products from materials such as cloth, X P X X X X X fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, and wood Research and development P P X X - X X X Recording studios P P X X X X X Bottling plants X P X X X X X Table 9-5 Permitted Uses in Nonresidential Districts (Cont) P = Principal use A = Accessory use C = Conditional use permit Regional Commercial Community Neighborhood Tourist Office Major Community Commercial Park Commercial Commercial Commercial Commercial Facilities M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CP CC CN CT CO MC Industrial and Research Uses (Coat.) Sign making, except P P X X X X X sandblasting Sign making, including X P X X X X X sandblasting Recycling centers as a primary use, collection and X C X X X X C sorting only, subject to Section 9.100.190 Off -site harerdous waste facilities, subject to Section X C X X X X X 9.100.230 Accessory Uses and Structures Portable outdoor vending uses (such as flower stands, M M M M M M M hotdog stands, etc.), subject to Section 9.100.100 Swimming pools as an M M M X A M A accessory use Golf or tennis facilities as M M M X A M A an accessory use Signs, subject to Chapter A A A A A A A 9.160 Fences and walls, subject to A A A A A A A Section 9.100.030 Antennas and satellite 1 A I A A A A A A 403 dishes, subject to Section 9.100.070 - Reverse vending machines A A A A X X A subject to Section 9.100.190 Recycling dropoffbins, M A M M X X A subject to Section 9.100.190 Incidental products or services for employees or businesses, such as child A A A A A A A day care, cafeterias and business support uses Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the A A A A A A A premises and are consistent with the purpose and intent of the zoning district, as determined by the director - Temporary Uses Christmas tree sales, subject T T T T X X T to Section 9.100.080 Halloween pumpkin sales, T T T T X X T subject to Section 9.100.090 Stands selling fresh produce in season, subject to Section T T T T X X T 9.100.100 Sidewalk sales, subject to T T T T T T X Section 9.100.130 Table 9-5 Permitted Uses in Nonresidential Districts (Coat.) P = Principal use A = Accessory use C = Conditional use permit Regional Commercial Community Neighborhood Tourist Office Major Community Commercial Park Commercial Commercial Commercial Commercial PBClittlt8 M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CP CC CN CT CO MC Temporary Uses (Cont.) Temporary outdoor events, T T T T T T T subject to Section 9.100.140 Construction and guard offices, subject to Section T T T T T T T 9.100.170 Use ofrelocatable building, T T T T T T T subject to Section 9,100.180 Other Uses Fortunetelling and palmistry C X C X X X X Sexually oriented businesses, subject to C X X X X X X Section 9.110.080' Other uses not listed in this table: per Section 9.20.040, 4u4 director of planning commission to determine whether use is permitted Notm: ' Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items. ' With no consumption of alcohol on the premises. 3 If part of a mixed -use project per Section 9.80.020 or 9.80.030. Subject to Section 9.30.070 (RH, High Density Residential District) for density, building heights, setbacks, etc. Affordable housing projects shall be subject to Section 9.60.270. ' Subject to Section 9.100.120, Outdoor storage and display. 6 Mini -storage warehousing operating on December 17, 2008 (the effective date of the ordinance codified in this section), are considered legal, conforming land uses. Existing facilities may be reconstructed if damaged, and may be modified or expanded within the boundaries of the lot on which they occur as of December 17, 2008 with approval of a site development permit. Any modification or expansion shall conform to the development standards for the commercial park zoning district contained in Chapter 9.90, Nonresidential Development Standards. 7 Property must also be located within the SOB (sexually oriented business) overlay district. (Ord. 480 § 1, 2010; Ord. 472 § 1, 2009; Ord. 471 § 2, 2009; Ord. 466 § 1, 2009; Ord. 449 § 1, 2007; Ord. 429 § 1, 2006: Ord. 414 § 1 (part), 2005; Ord. 397 § 1 (Exh. A) (part), 2004; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 307 § 1, 1997; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 405 EXHIBIT E 9.90.020 Roof projections. A.Encroachments Permitted. Notwithstanding Figure 9-8 preceding, architectural features not containing usable floor space, such as chimneys, towers, gables and spires, are permitted to extend fifteen feet above the maximum structure height set forth in Table 9-6 following if approved as part of a site development or other permit. The aggregate floor or "footprint' area of such architectural features shall encompass no more than ten percent of the ground floor area of the structure. B. Antennas. Satellite dish or other antennas shall not extend above the maximum structure height specified in Table 9-6 (see Chapter 9.170 for s-e-Mm.1-iRM-stie-R teweFS and equipment Telecommunication Facilities regelatiens" and Section 9.100.070, "Satellite dish and other antennas"). (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996► qp6 w EXHIBIT F 9.100.070 Satellite dish and other antennas. A.Permits Required. The following antennas are allowed in nonresidential districts: 1. Permitted Commercial Antennas. Commercial television, radio, microwave, communication towers, and related facilities are permitted as principal uses in all districts subject to approval of a conditional use permit and conformance with the requirements of Chapter 9.170 (GeaAauaieatie►+ TAVOPF^ and Equipment Wireless Telecommunication Facilities). 2. Permitted Accessory Antennas Other than Those Described Above. Roof -mounted antennas screened from a horizontal line of sight and ground -mounted antennas which do not exceed ten feet in height and which meet the requirements of subsection B of this section may be permitted as accessory structures without a minor use permit. All other antennas shall require approval of a minor use permit. B. Development Standards. Antennas within nonresidential districts may be ground -mounted or building -mounted provided the following requirements are met: 1. Any antenna which is the principal use on a lot shall comply with the district setback standards for main buildings. 2. A ground -mounted antenna which is an accessory use shall be located within the rear yard (minimum five-foot from the rear property line) or may be located within a side yard if not within the required side yard setback. Ground -mounted antennas are prohibited from exterior (street) side yards unless not visible from the street. 3. Antennas, including roof -mounted antennas, shall not exceed the building height standards for the district in which they are located. 4. All accessory antennas shall be screened from both horizontal and vertical line of sight. Decorative overhead structures such as trellises may be required if the antenna is visible from surrounding higher buildings or terrain. 5. Compliance with Section 9.170 of the L.Q.M.C. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) ,A.- 407 EXHIBIT G 9.120.020 Table of permitted uses. Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those uses and structures which are permitted within each special purpose district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. "T": Permitted on a temporary basis if a temporary use permit is approved. 5. "X": Prohibited in the district. Table 9-8 Permitted Uses in Special Purpose Districts = Permitted use = Accessory use = Conditional use permit = Temporary use permit = Prohibited use District Parks and Recreation Golf Course Open Space Floodplain Hillside Conservation Overlay Sexually Oriented Business Overlay Equestrian Overlay Land Use PR GC OS FP HC* SOB* EOD* Open Space and Recreational Uses ens ace P P P P P P Public parks, lakes and passive recreation facilities P X P P P X "• la fields, lighted or unlighted P X X X X X "* Bicycle, equestrian and hiking trails - P X P P I P P "• Libraries and museums C X X X C X ** Visitor centers C X C C C X "* lubhouses and community ools/cabaflas P A X X X X ennis courts or complexes, public P A X X X X •• ennis clubs or complexes, private C A X X X X •• olf courses and country clubs, including clubhouses and ther customary accessory uses C P X X X X •" olf courses without above -ground structures, including airways, greens, tees andgolf-cart paths C P X P C X wcessory Uses and Structures ubject to Chapter 9.160 A A A A A A *• and walls, subject to Section 9.100.030 A A A A A A e dish and other antennas, subject to Section 70 A A A. A A A "• Uses rmle-family outdoor events, subject to Section 9.100.040 T T T T T T •• ses residential X 1 X 408 Table 9-8 Permitted Uses in Special Purpose Districts fContinued = Permitted use = Accessory use = Conditional use permit District = Temporary use permit = Prohibited use - Parks and Golf Open Floodplain Hillside Sexually Equestrian Recreation Course Space Conservation Oriented Overlay Overlay Business Overlay Land Use PR GC OS FP HC" SOB* EOD" ultifamily residential, commercial (except sexually X X X X X X ++ riented businesses), office or industrial development Sexually oriented businesses, subject to Section 9.140.050 X X X X X C ommunication towers and equipment (Free-standing, new C C C C C C ** owers) subject to Chapter 9.170 ommunication lowers and equipment (Co -location; M M M M M M ountedto existing.facility) subject to Chapter 9.170' lectrical substations X X M X M X "+ ater wells and pumping stations P P P P MI X "+ ater tanks and reservoirs X M M X M X ublic flood control facilities and devices P P P P P P ++ her principal, accessory or temporary uses not listed Director or planning commission to determine whether use is permitted in accordance ove Nith Section 9.20.040. " Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140. As permitted in the underlying base district and in Section 9.140.060. AI lowed only if permitted in the underlying base district and only if the additional requirements of the HC overlay district are met (per Section .140.040) and a conditional use permit is approved. (Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) ,.�, 409 ATTACHMENT 1 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 12, 2011 7:03 P.M. A. Continued — Zoning Ordinance Amendment 201 1-104; a request by the City of La Quinta for consideration of an Amendment to the La Quinta Municipal Code, section 9.170, Communication Towers and Equipment to be effective City-wide. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Vice Chair Wilkinson asked if staff could give an example of existing cell towers within the City of La Quinta that did not meet the proposed code amendments. Staff referenced towers that do and do not meet the proposed code amendments. Discussion followed regarding existing towers, their height and aesthetic appearance. Vice Chair Wilkinson asked if it was possible to have the existing towers that were out of compliance be brought up to code. Staff replied that a subsection of the proposed amendment stipulated that approved facilities would have to be reviewed by the Planning Commission every ten years which would allow the Commission to address any concerns at that time. Planning Director Johnson said the proposed code amendment encouraged applicants to incorporate the antennas into the architectural design of the building. Commissioner Wright said he was in favor of the proposed code amendments. Chairman Alderson asked if the code amendment imposed restrictions as to the location of cell towers within the City. Staff replied it did. N 410 Planning Commission Minutes July 12, 2011 Chairman Alderson asked if the code addressed removal of the cell towers if they were no longer utilized due to possible technological advancements in the future. Planning Director Johnson said the proposed amendment to the code did address that issue and allowed for the enforcement of a removal to occur. There being no further questions of staff, Chairman Alderson opened the matter for public comment. There being no public comment, Chairman Alderson opened the matter for Commission discussion. There being no further discussion, it was moved and seconded by Commissioners Wright/Barrows to approve Resolution 2011-011 recommending to the City Council approval of Zoning Ordinance Amendment 201 1-104, as submitted by staff. AYES: Commissioners Barrows, Wilkinson, Wright and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. 41l -2-