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2021-08-06 Bauer August 6, 2021 Via Email & U.S. Mail Jon McMillen (jmcmillen@laquintaca.gov) City Manager, City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Cheri Flores (clflores@laquintaca.gov) Planning Manager, City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Nicole Sauviat Criste (ConsultingPlanner@laquintaca.gov) Consulting Planner, City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: The Wave Festival Project / Comments to Draft Environmental Report Dear Mr. McMillen, Ms. Flores and Ms. Criste: Our office represents residents in the City of La Quinta (City), La Quinta Residents for Responsible Development (LQRRD), who are rightfully concerned about the development of a proposed project within the City that portends fundamental changes in the character of the City. That proposed project, described below, is the subject of a Draft Environmental Impact Report, SCH# 2021020310, prepared by MSA Consulting Inc. (DEIR). Please consider the enclosed comments with respect to that DEIR and consider, in particular, the concerns we have raised concerning the issues of traffic, noise, air quality, water, and the Applicant’s request to amend the City’s General Plan. I. THE PROPOSED WAVE FESTIVAL PROJECT The subject of the DEIR is a proposal to be build an enormous development on land that is currently slated in the City’s General Plan for low-density residential development. The existing local area is characterized by developed golf course and residential communities to the north, west, east, and southeast, the Santa Rosa Mountains to the west and south, Monroe Street and vacant and agricultural BRUCE T. BAUER ATTORNEY ADMITTED IN CA REPLY TO: 1800 E. Tahquitz Canyon Way Palm Springs, California 92262 T (760) 322-2275 • F (760) 322-2107 bauer@sbemp.com Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 2 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 2 lands to the east, and open space to the south. (DEIR, p. 14, Section 1.2.1.) The area is in keeping, then, with what most people expect in the residential areas of a beautiful desert city in the Coachella Valley: (1) low density; (2) quiet; (3) low traffic; and (4) unencumbered mountain vistas that are illuminated by the stars at night. Instead of this low-density, and low-key, development that residents of the City were told would be developed nearby, The Wave Development, LLC (Applicant), proposes a large-scale commercial enterprise, replete with recurring festivals, that includes a 150-room hotel and 600 residential units (all of which will be permitted to have short-terms rentals1). As part of this project, the focal point of all of these short-term rental units will be an enormous 18 million gallon2, 16-acre, artificial surf basin that will have artificial waves generated by a large locomotive-like engine. This wave basin will be, in turn, illuminated with 80-foot light towers, lighting up the darkened desert night sky, encircling the basin. Additionally, Applicant proposes, as part of the Wave Festival Project, large scale commercial development including, separately, 57,000 square feet and 60,000 square feet of commercial uses. DEIR, p. 67, Section 2.51. The project will be referred hereinafter to the “Wave Festival Project.” The Wave Festival Project’s wave basin will be the focal point of a parade of at least four (4) events a year of a four-day duration. As indicated by Applicant, there will be four (4) entertainment/special events (of four (4) days duration or 16 days and nights of special events per year) (the “Special Events.) Each day of these Special Events might easily bring in thousands of visitors per day (with each such event the Applicant would be permitted to have 2,500 guests per day – this would be in addition to the guests that are staying at the resort’s villas and hotel, myriad employees and vendors attending to all those guests, and does not include the days that will be needed for staging and dismantling of each of the Special Events.) 1 In the DEIR it references these short-term rentals at p. 117: “Ownership and occupancy of these units may include primary, secondary and fractional ownership, along with short term vacation rentals.” (See, DEIR at p. 117.) These short-term rentals are only mentioned four times in the 738- page DEIR document. Even then the impact of these short-term rentals is not studied. Rather, the DEIR mentions that “potential increase of traffic as a result of the resort use and allowance of short- term rentals at the project; . . . “ (See, DEIR, at p. 26.). The allowance for these short-term rentals is further spelled out, at page 6, of the Coral Mountain Resort – Development Agreement Developer’s Proposed Terms For Amendment: “Analysis completed by the City, short term vacation rentals will be an allowable use in all planning areas within the Project, consistent with the recently enacted provisions in the LQMC, § 3.25.055.” 2 https://www.desertsun.com/story/news/local/la-quinta/2020/02/26/kelly-slater-surf-technology- part-of-proposed-la-quinta-coral-mountain-development/4884466002/ Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 3 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 3 Applicant then is seeking permission to allow approval of the Wave Festival Project with an enormous amount of overnight guests in excess of 4,000 per night ((one can estimate that it might have 600 overnight guests for its planned 150-room hotel (4 pillows per room x 150 rooms), plus 3,600 overnight guests for the planned 600-villas (averaging 3 bedrooms each, 6 pillows X 600=3,600 overnight)), for a total over 4,000 overnight guests coming and going. There will then also be the 2,500 allowed visitors coming and going. The Wave Festival Project then promises to bring significant changes to the City and its surrounding and adjoining communities compared to what was previously approved for this area. Naturally, a project of this nature, that will continue to morph and increase exponentially, should be given additional scrutiny. The proposed Wave Festival Project is both out of scope of the nature of its proposed setting as set forth in the City’s General Plan as discussed below. The enormity of this request, and the scale of change from the City’s existing land use designation for the proposed site, is evidenced by the fact that Applicant is seeking an extraordinary number of approvals including as follows: (1) a General Plan Amendment (GPA 2019‐0002); (2) Zone Change (ZC 2019‐0004); (3) Specific Plan (SP 2020‐0002); (4) Tentative Tract Map (TTM 2019‐0005); (5) Site Development Permit (SDP 2021‐0001); and, (6) a Development Agreement (DA 2021‐0002). It is clear that the Wave Festival Project bears NO relationship to the development that had been originally entitled for that area. The Wave Festival Project is not akin to a low-density golf- centered master-planned community. No one can seriously contend such. The Wave Festival Project is, in reality, a commercial entertainment-based venue endeavor and not a residential development. The Wave Festival Project will be comprised of a commercial /high-density project that will cause far more impact on the surrounding communities that could ever have been conceived in prior entitlements and is being severely understated by the Applicant so that approval can be obtained. The quiet and serene atmosphere currently enjoyed by the City’s residents will forever be destroyed. As such, we do not believe the Wave Festival Project, as proposed, should move forward with the City, as analyzed, since it is not in keeping with the character and entitlements envisioned by the City and its residents. However, should the City consider the Wave Festival Project it must do so under only the most exacting review standards. II. CEQA AND LEGAL REQUIREMENTS. The California Environmental Quality Act (CEQA) requires state and local government agencies to inform decision makers and the public about the potential environmental impacts of proposed projects, and to reduce those environmental impacts to the extent feasible. CEQA requires that an agency analyze the potential environmental impacts of its proposed actions in an environmental impact report (“EIR”) (except in certain limited circumstances ). See, e.g., Pub. Res. Code § 21100. Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 4 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 4 The EIR is the very heart of CEQA. (Dunn-Edwards v. BAAQMD (1992) 9 Cal.App.4th 644, 652.) “The ‘foremost principle’ in interpreting CEQA is that the Legislature intended the act to be read so as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language.” (Comms. For a Better Env’t. v. Calif. Resources Agency (2002) 103 Cal.App.4th 98, 109.) CEQA has two primary purposes. First, CEQA is designed to inform decisionmakers and the public about the potential, significant environmental effects of a project. (14 Cal. Code Regs. § 15002(a)(1).) Its purpose is to inform the public and its responsible officials of the environmental consequences of their decisions before they are made. Thus, the EIR ‘protects not only the environment but also informed self-government.’” (Citizens of Goleta Valley v. Board of Supervisors, supra, 52 Cal.3d at 564.) The EIR has been described as “an environmental ‘alarm bell’ whose purpose it is to alert the public and its responsible officials to environmental changes before they have reached ecological points of no return.” (Berkeley Keep Jets Over the Bay v. Bd. of Port Comm’rs (2001) 91 Cal.App.4th 1344, 1354; County of Inyo v. Yorty (1973) 32 Cal.App.3d 795, 810). Second, CEQA requires public agencies to avoid or reduce environmental damage when “feasible” by requiring “environmentally superior” alternatives and all feasible mitigation measures. (14 Cal. Code Regs. § 15002(a)(2) and (3); see also Berkeley Keep Jets Over the Bay, supra, 91 Cal.App.4th 1344, 1354; Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 564.) The EIR serves to provide agencies and the public with information about the environmental impacts of a proposed project and to “identify ways that environmental damage can be avoided or significantly reduced.” (14 Cal. Code Regs. § 15002(a)(2).) If the project will have a significant effect on the environment, the agency may approve the project only if it finds that it has “eliminated or substantially lessened all significant effects on the environment were feasible” and that any unavoidable significant effects on the environment are “acceptable due to overriding concerns.” (Pub. Res. Code § 21081; 14 Cal. Code Regs. § 15092(b)(2)(A) and (B).) The DEIR that has been submitted is 738-page document that has not afforded the public a reasonable manner to decipher it, nor has it properly analyzed the Wave Festival Project for a myriad of reasons as discussed below. III. THE DEIR FAILS TO ADEQUATELY DISCLOSE, ANALYZE, AND MITIGATE ALL POTENTIALLY SIGNIFICANT IMPACTS. As discussed below, and in the attached expert comment letters of traffic (comment letter dated August 3, 2021) and sound (comment letter dated August 2, 2021) experts, Minagar & Associates, Inc., the DEIR fails to adequately analyze and mitigate the Wave Festival Project’s impacts. CEQA requires that a lead agency analyze all potentially significant environmental impacts of its proposed actions in an EIR. (Pub. Res. Code § 21100(b)(1); 14 Cal. Code Regs. § 15126(a); Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 5 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 5 Berkeley Keep Jets Over the Bay, supra, 91 Cal.App.4th at 1354.) The EIR must not only identify the impacts but must also provide “information about how adverse the impacts will be.” (Santiago County Water Dist. v. County of Orange (1981) 118 Cal.App.3d 818, 831.) The lead agency may deem a particular impact to be insignificant only if it produces rigorous analysis and concrete substantial evidence justifying the finding. (Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692.) While the courts review an EIR using an “abuse of discretion” standard, “the reviewing court is not to ‘uncritically rely on every study or analysis presented by a project proponent in support of its position. A ‘clearly inadequate or unsupported study is entitled to no judicial deference.’” (Berkeley Keep Jets Over the Bay, supra, 91 Cal.App.4th at 1355, quoting Laurel Heights Improvement Ass’n v. Regents of Univ. of Cal. (1988) 47 Cal.3d 376, 391, 409, fn. 12.) A prejudicial abuse of discretion occurs “if the failure to include relevant information precludes informed decision-making and informed public participation, thereby thwarting the statutory goals of the EIR process.” (San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App.4th 713, 722; Galante Vineyards v. Monterey Peninsula Water Mgmt. Dist. (1997) 60 Cal.App.4th 1109, 1117.) A. Traffic Impacts Have Not Been Adequately Analyzed or Mitigated. Traffic impacts have not been adequately analyzed or mitigated in the DEIR. The DEIR greatly understates traffic counts. It is well known that festivals of the nature that the Applicant proposes with the Special Events bring in large crowds. Given the short-term rental nature of the residences to be constructed, it is likely they will be densely occupied during those timeframes. Therefore, the reliance on existing data of traffic counts is not reliable and trustworthy information. In normal developments in the City, many neighborhoods are thinly occupied because they are often second homes. Therefore, data utilizing existing traffic counts only reflect that sort of development. However, the development sought in connection with the Wave Festival Project should more closely be attuned to traffic counts for like developments (here a commercial entertainment development) and particularized times of the year such as when festivals such as Coachella and Stagecoach occur. Also, the DEIR has not considered when the Special Events will occur. The timing of the Special Events is especially important given other busy events that occur during the calendar as pointed out above. Traffic counts utilized in the DEIR include Thursday, August 15, 2017, Tuesday, April 9, 2019, Tuesday, May 7, 2019, and Tuesday, September 10, 2019. These counts were not taken during either during the busiest part of the year, for City residents, i.e., the “High Season” in the middle of the winter months when snowbirds have returned to the City (from October through March.) Those more realistic dates should have been utilized to conduct a meaningful traffic analysis. The base traffic volumes used in the analysis are therefore an underestimation of the actual volumes. As opined by Minagar & Associates in their comment letter of August 3, 2021 (see, Exhibit 2 hereto), the analysis contained in the DEIR is also defective in several key respects: Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 6 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 6 • For a large mixed-use of the size contemplated by the Wave Festival Project, utilization of traffic counts from Thursday, August 15, 2017, Tuesday, April 9, 2019, Tuesday, May 7, 2019, and Tuesday, September 10, 2019 is not prudent. Current traffic counts could have been easily taken right after the scoping agreement on February 12, 2020, and before the start of COVID-19 pandemic on March 15, 2020. It goes without saying that the traffic volumes are the foundation of every traffic impact study. Once their validity is questioned, then the public trust is eroded. • For the trip generation estimation for the Special Events during weekends, since the national ITE Trip Generation Manual does not provide the required rates, why surveys of similar facilities weren’t used to establish the rates? • Why for the 2,500-Guest Wave Basin Facility, the old trip generation rates from SANDAG Manual for a recreation park (developed) from over 20 years ago was used to generate new traffic estimates? Surveys of similar facilities could have been performed. • There are a number of discrepancies among the land use sizes of The Wave Basin Facility, The Wave Village, The Farm and related uses for the purposes of trip generation calculations in different reports. • For the claimed VMT mitigation reductions, the specific source and category from the State of California's CAPCOA Manual must be documented for verification. B. Water Supply Impacts Have Not Been Adequately Analyzed or Mitigated. The seriousness of the state’s water concerns means that large-scale projects like this in the middle of the desert must be carefully planned to ensure adequate supplies of water, even in times of severe drought. Cities and counties are required to verify that adequate long-term water supplies exist for large development projects. (Water Code § 10910; Gov. Code § 66473.7.) These laws, working in conjunction with CEQA, force municipalities to consider how they will supply water to new projects. Thus, when an agency considers a detailed project proposal that would require additional water, the public must have an opportunity to consider, in a detailed EIR, the project’s water supply and mitigation measures and alternatives that would lessen the related impacts. (Pub. Res. Code § 21093(a); 14 Cal. Code Regs. § 15152(a)-(c).) This detailed analysis is referred to as a Water Supply Assessment (“WSA”). Water supply for the proposed project would be provided by the Coachella Valley Water District (CVWD). (DEIR, at 4.9-19.) Coachella Valley relies on groundwater for its primary supply sources. Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 7 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 7 (DEIR, at 4.9‐19.) The proposed project is expected to consume approximately 958.63‐acre feet per year (AFY), which equates to an alarming 312,163,558 gallons of water per year. (DEIR, at 4.9‐ 19.) The DEIR vaguely states without any details that the groundwater basin can meet the water demands of the Coachella Valley for extended normal and drought periods. (DEIR, at 4.9‐28.) However, the WSA admits repeatedly that the Coachella Valley relies on groundwater for its primary supply source, and that “the amount of water in the acquifer has decreased over the years due to heavy pumping to serve urban, rural and agricultural development in the Coachella Valley, which has withdrawn water from the aquifer at a rate faster than its natural rate of recharge.” (WSA, p. 30.) The solution has been to import the majority of the water supply, primarily from the Colorado River. This is not a sustainable model as Californians have acutely learned over the last decade of drought-like conditions. Coachella Valley’s water conservation plans rely on source substitution with the Colorado River, but the Colorado River is also experiencing historically low levels and drought conditions. Countless other communities also rely on the Colorado River as a water source, so this practice is not sustainable in the long term. In fact, the WSA only analyzes and accounts for the water supply for the next 20 years, which is relatively soon. (DEIR, at 4.9‐28.) With exponential population growth expected, and the continuing effects of climate change, this analysis needs to account for a much longer period. Recent climatic developments, and the increasing impact of drought in the State and in the Western state, especially an historic drought in the Colorado River basin of 20 years, demand that the City not review water usage with “business as usual” calculations. See, e.g., California water regulators took unprecedented action this week, passing an emergency regulation that will bar thousands of Californians from diverting stream and river water as the drought worsens. (https://www.latimes.com/california/story/2021-08-04/california-drought-water-restrictions-how- bad-is-it ). Elsewhere, in the Colorado River basin, water levels in the water reserves held by Lake Powell and Lake Mead, two of the US’s largest reservoirs that both sit along the Colorado River relied upon more than 40 million (including the Coachella Valley) are at record lows3. https://www.popsci.com/science/lake-mead-lake-powell-drought/ As set forth above, the Wave Festival Project (even with water conservation measures) would have a total water demand of 958.63 acre-feet per year (AFY). It is important to note that the DEIR fails to equate the AFY by gallons of water per year. This was done purposefully. It does not want the public to know just how many gallons of water this project will use on a yearly basis. Projects that allow for 312,163,558 gallons of wasted resources should not be permitted to put pressure on 3 Lake Powell, which stretches along Utah and Arizona, dropped to 3,554 feet this week—the lowest depth since its initial filling in the 1960s. Lake Mead, the nation’s largest reservoir by water capacity, is also at its lowest level since it was filled in the 1930s. It’s currently at a depth of 1,067 feet, holding just one third of its potential capacity. Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 8 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 8 already declining aquifers. This is especially true when the climate crisis is creating an uncertain future where sustainability and demand on aquifers are getting harder and harder to predict. C. Noise Has Not Been Adequately Analyzed or Mitigated. Noise pollution, like air pollution, has significant health implications. In analyzing the Wave Festival Project, Applicant has utilized its existing wave facility in Lemoore, California as a barometer of certain issues including noise. (See, DEIR at p. 4.11-45.) For example, Applicant states as follows: Additionally, the noise expert stated that agricultural fields and desert floors are considered soft surfaces for the purposes of sound propagation. Additionally, the noise expert stated that Coral Mountain is likely to absorb, rather than reflect noise back towards sensitive receiver locations. Only hard surfaces, such as pavement, would change the sound attenuation characteristics of the project. In addition, the worst‐case reference noise level conditions were taken during peak wave noise events at 12 feet, as stated above, whereas Coral Mountain is located approximately 650 feet from the Wave Basin. The reference noise level measurements themselves do not include any sound attenuation for the agricultural fields. Therefore, although the proposed project is located on the desert floor and adjacent to Coral Mountain, the noise measurements from the Lemoore site provide an accurate comparison of noise levels to occur at the project site. Id. The absurdity of the suggestion that conditions of the Lemoore facility could be likened to the proposed site of the Wave Festival Project can be seen clearly in an aerial photograph of that facility: Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 9 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 9 The Lemoore facility is in a rural, agricultural area that is devoid of nearby residential development. The Wave Festival Project is proposed to be built next to adjoining large and well-developed residential communities. The concerns that arise in an agricultural area are not the same as they are in a residential up-scale area like the one that will surround the Wave Festival Project. The comparison, for analysis purposes, of data from the Lemoore facility is therefore faulty since it is akin to comparing “apples to oranges.” Moreover, the assertion that Coral Mountain is “likely to absorb, rather than reflect noise back towards sensitive receiver locations” was never tested or analyzed and is contrary to common sense and the experience of residents of the City. They know well that noise is AMPLIFIED off the hard surfaces of the surrounding mountains that are largely devoid of vegetation that might absorb sound as it does in an agricultural setting like Lemoore, California. Construction and traffic noise are some of the largest producers of noise pollution. Prolonged exposure to noise pollution can lead to hypertension and heart disease, hearing loss and consequential sleep disturbances. Wave Basin/Wave machine activity, outdoor pool/spa activity, outdoor activity, and neighborhood commercial land use activities will run from 7:00 a.m. to 10:00 p.m. (DEIR, at 4.11-44.) Finally, and most importantly, the Wave Festival Project is also projected to host Special Events as pointed out above. The Applicant must also properly analyze and mitigate significant impacts from noise from the Wave Festival Project considering these Special Events. Special consideration as to Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 10 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 10 when they will be scheduled must also be analyzed. Moreover, special consideration must be given to the fact that all the proposed residential development will be in the nature of short-term rentals which are known to create additional noise and havoc in a community. Indeed, the City knows these problems exist with respect to short-term rentals. (See, https://www.desertsun.com/story/news/local/la-quinta/2021/07/21/la-quinta-considers-noise- monitor-mandate-str-properties/8033933002/.) The DEIR has not analyzed these impacts from the short-term rentals that will be pervasive as the Wave Festival Project. This impact allowing these rentals is significant since there are no nearby short-term rentals since most are prohibited in nearby communities4. The former project, where the Wave Festival Project is proposed, envisioned a quiet golf-based community with little noise emanating from that project. The City generally enjoys a quiet noise environment, with existing community noise being dominated by highway and local traffic, intermittent aircraft flyovers, and commercial operations. The City enjoys an enviable quiet environment that must be considered and not compromised in the manner sought by Applicant. Low noise levels are a major economic asset of the City’s resort and residential atmosphere and it is precisely that reason that residents have relocated to the City. The Wave Festival Project, however, anticipates that the Applicant will conduct Special Events including concerts and hosting large-scale surfing venues with music. These issues have not been properly addressed or analyzed in the DEIR. All these elements will contribute heavily to noise pollution in the area. Noise pollution does not only adversely affect human lives. Wildlife, especially birds, are heavily impacted by increased noise pollution. Communication, mating behavior, hunting and survival instincts of animals are altered by excessive noise. As such, the City should carefully review proposals such as the Wave Festival Project which we believe to be incompatible with the quiet environment present in the City. D. Air Quality Has Not Been Adequately Analyzed or Mitigated. The Wave Festival Project will also result in significantly compromised air quality in the area throughout the construction process, and potentially once the development is completed. Removal of stabilized soils and biological soil crust creates a destructive cycle of airborne particulates and erosion. As more stabilized soils are removed, blowing particulates from recently eroded areas act as abrasive catalysts that erode the remaining crusts thus resulting in more airborne particulates. 4 These short-term rentals are additionally a health concerns highlighted by the Covid-19 epidemic. Indeed, the City recently issued an executive order in connection with such rentals. (see, https://www.laquintaca.gov/home/showpublisheddocument/44617/637474189355200000) In issuing this Executive Order, the City cited increased short term rental complaints and violations during Covid-19 and a desire to “retain the quality of life for City residents.” Additionally, the City had issued a moratorium on such rentals. None of these concerns have been addressed by the Applicant. Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 11 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 11 The Coachella Valley is in the Salton Sea Air Basin (“SSAB”) under South Coast Air Quality Management District jurisdiction. (DEIR, at 4.1-2.) The regional climate, as well as the temperature, wind, humidity, precipitation, and amount of sunshine significantly influence the air quality in the SSAB. Currently, state and federal air quality standards are exceeded in most parts of the SSAB. (DEIR, at 4.1-16.) Construction activities associated with the Wave Festival Project will result in emissions of VOCs, NOX, SOX, CO, PM10, and PM2.5, which includes site preparation, grading, building construction paving, and architectural coating. (DEIR, at 4.1-18.) A development with this effect on emissions is unacceptable amidst the current state of our climate crisis. The Wave Festival Project could result in significant impacts health effects from air quality emissions as well considering the significant nature of the Special Events as has been outlined above. In Sierra Club v. County of Fresno (Friant Ranch, L.P.) (2018) 6 Cal.5th 502, the Court held that air quality analysis must make a reasonable effort to substantively connect a project’s air quality impacts to likely health consequences. Any consideration of air quality must address the health effects to nearby sensitive receptors from the large quantity of idling vehicles consistent with a development of the type sought by Applicant. As pointed out above, because of the transient nature of the visitors to the Wave Festival Project because of short-term rental and the significant impact of the Special Events, there will likely be many idling vehicles. The analysis of the DEIR, to actually demonstrate that there are no significant impacts to air quality, is required to “connect” adverse human health effects to the levels of pollutants that would be emitted by the Wave Festival Project. The DEIR fails to do so. E. Greenhouse Gas Emissions Have Not Been Adequately Analyzed or Mitigated. The DEIR needs to go further in addressing the spike in greenhouse gas emissions during the potentially multiple year construction and because of the Special Events and short-term rentals. The Wave Festival Project will be constructed in three phases and will take approximately six (6) years to complete. (DEIR, at 4.1-19.) Due to the use of heavy construction equipment, unsafe levels of air pollutants would have an impact on the surrounding community and wildlife during that time. The presence of toxic air contaminants during construction is discussed in relation with the sensitive human receptors but ignores construction pollutant impact on wildlife and the ecosystem. For example, alpine and subalpine ecosystems could decline by as much as 60 to 80% by the end of the century because of increasing temperatures. (DEIR, Appendix I [GHG Report], p. 20.] The City may not hide behind a self-serving threshold to avoid this significant impact. F. Cumulative Impacts Have Not Been Adequately Analyzed or Mitigated. As written, the DEIR also glosses over the aggregate environmental impacts of the Wave Festival Project and misleads the reader through words such as “may” and “potentially.” This Project cannot Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 12 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 12 be viewed independently from other planned developments in the region. The EIR needs to address the cumulative effects of the Wave Festival Project in relation to other nearby projects and planned developments. The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. (14 Cal. Code Regs. § 15355(b).) Traffic, water demands, greenhouse gas emissions, noise and air pollution are aggregate and have cumulative effects. It would be disastrous oversight for the City to allow the Wave Festival Project to move forward without fully analyzing this Project impact in relation to the overall impact of other projects in the region that are currently in development or in the planning stages. This is especially true given the fact that the DEIR did not consider the scheduling of Special Events (not defined or discussed in the DEIR), and their otherwise enormous impact vis-à-vis other festivals in adjoining communities such as Coachella and Stagecoach and the impact of the short-term rentals (again, not addressed in the DEIR.) IV. THE DEIR IS INCONSISTENT WITH GENERAL PLAN PROGRAMS AND LAND USE POLICIES. CEQA requires that environmental impact reports analyze the consistency of a project with applicable local plans, including General Plans. (See Napa Citizens for Honest Govt. v. Napa County Bd. of Supervisors (2001) 91 Cal.App.4th 342, 386-87; 14 Cal. Code Regs. Appendix G, § IX(b).) Inconsistencies with a General Plan or other local plan goals and policies that were enacted to protect the environment are significant impacts in themselves and can also be evidence of other significant impacts. (See id.; Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, 929.) “The general plan is more than the legal underpinning for land use decisions; it is a vision about how a community will grow, reflecting community priorities and values while shaping the future.” (See, General Plan Guidelines; Published by the Governor's Office of Planning and Research (https://opr.ca.gov/docs/OPR_COMPLETE_7.31.17.pdf )). The City must abide by its general plan since it is, in essence the “Constitution” of the City: “[T]he general plan [is] a ‘ “constitution” for future development’ [citation] located at the top of ‘the hierarchy of local government law regulating land use’ [citation]. Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 13 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 13 The general plan consists of a ‘statement of development policies … setting forth objectives, principles, standards, and plan proposals.’ [Citation.] The plan must include seven elements—land use, circulation, conservation, housing, noise, safety and open space—and address each of these elements in whatever level of detail local conditions require [citation]. General plans are also required to be ‘comprehensive [and] long[]term’ [citation] as well as ‘internally consistent.’ [Citation.] The planning law thus compels cities and counties to undergo the discipline of drafting a master plan to guide future local land use decisions.” (DeVita v. County of Napa (1995) 9 Cal.4th 763, 772–773 [38 Cal. Rptr. 2d 699, 889 P.2d 1019], fn. omitted.) Since it is essentially the Constitution of the City, a general plan cannot be lightly amended. Much thought and deliberation go into the formation of the general plan and any amendment thereto. The City is well of aware of this fact and its last update its general plan took place over a period of years. (See, https://www.laquintaca.gov/business/lq2035-general-plan/documents) Key to any such updates is community participation which is integral to the update process. The City’s general plan is the 2035 La Quinta General Plan (General Plan). Here, Applicant seeks an extraordinary request from the City in connection with the Wave Festival Project, i.e., an amendment to the City’s General Plan. This request skirts and short circuits the normal procedure that the City undertakes when it amends its General Plan which involves years of deliberations and community input. Moreover, such a request short circuits the expectations of residents of the City who invest their life savings in the City in purchasing residences based on their belief that the values of the General Plan will hold true for the foreseeable future. It is for that reason the City must tread lightly and consider the request of the Applicant with great concern. Here, the Applicant requests a dramatic change to the City’s General Plan. The General Plan Amendment (GPA 2019‐0002) will amend the current General Plan land use designations from General Commercial, Low Density Residential, and Open Space – Recreation to Neighborhood Commercial, Low Density Residential, Tourist Commercial, and Open Space. (DEIR, at 3.5.2.) The Wave Festival Project bears NO relationship to the development that had been originally entitled for that area. The request of the Applicant is for a wholesale change in the character of the land where they propose to build. The DEIR briefly states, “The project site is surrounded by developed residential communities…” A serious examination of the area shows The Quarry, Santerra, Coral Mountain Estates, Andalusia, and Trilogy residential communities surround the proposed location. Additionally, new home developments immediately south of the proposed location have been approved or are in review including the 57 residential Estate Collection at Coral Mountain and the 1,200 residential Travertine community—a fact omitted from the EIR. Clearly, the Wave Festival Project is a “horse of a different color” entirely and is primarily a commercial enterprise where low-density housing is slated to be built. The DEIR's analysis of the Wave Festival Project's consistency with the General Plan is fundamentally flawed. The DEIR takes the position that because amendments and minor Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 14 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 14 adjustments to the General Plan are proposed, the Wave Festival Project would be consistent with both documents, and, therefore, any conflicts with plans would be less than significant. (DEIR, at 4.10-1.) To evaluate the accuracy of this statement and the Wave Festival Project's consistency with the General Plan, the DEIR must identify the "minor adjustments" to the plan's policies. Unfortunately, the DEIR fails to provide this critical information. Moreover, in its analysis, the DEIR glosses over numerous, glaring inconsistencies to reach the contrived conclusion that the Wave Festival Project is somehow consistent with the General Plan. In addition to misinforming decision-makers and the public about the Wave Festival Project's consistency with the General Plan, this analysis underestimates the actual impacts of the Wave Festival Project and ignores some of the Wave Festival Project's most significant impacts.5 The DEIR must be revised and recirculated to provide a comprehensive and accurate analysis of all General Plan inconsistencies. Numerous goals and policies within the City are relevant to the Wave Festival Project. Many of these goals and policies are directly at odds with the Wave Festival Project. Some of the most egregious violations are discussed below. A. The Wave Festival Project is Inconsistent with General Plan Policies Pertaining to Water Usages. The General Plan embodies values and principles that recognize the importance of the water resources in the area, including maintaining water availability to provide domestic water to existing developments in the City. Despite these important principles, the DEIR fails to provide any General Plan consistency analysis for water. The following goal is indisputably linked to protecting the environment through avoiding impacts on water resources: GOAL-WR-1 GOAL-WR-1 states: “The efficient use and conservation of the City's water resources.” The General Plan acknowledges that continued growth in the City and the region has resulted in an increased demand for domestic water. As a result, CVWD extracts more water from the lower thermal subarea than is naturally recharged into it every year — a condition known as overdraft. (General Plan, p. III-58.) It further states that increased development will contribute to greater demand for water resources and the potential for continued overdraft. (Id.) 5 Additionally, the DEIR's conclusion that the Project is consistent with various General Plan goals and policies is fatally undermined by the fact that the DEIR does not contain an adequate discussion of the Project's impacts on the resources which those goals and policies are meant to protect. (See Napa Citizens for Honest Govt., supra, 91 Cal.App.4th at 381.) Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 15 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 15 This Project is enormous and will require significant amount of the City’s valuable water resources. At project buildout, the Wave Festival Project could accommodate approximately 7.77 acres of Neighborhood and Wave Farm Commercial uses; 232.07 acres of Low Density Residential; 117.70 acres of Hotel/Resort uses comprised of the hotel, the Wave Lagoon, attached residential uses and various resort related amenities; and 27.01 acres of Open Space. The low-density residential land use will include 496 units of detached residential. The hotel resort land use proposes 150 hotel keys, 104 attached resort residential units and 55,000 square feet of commercial uses The 16-acre surf wave basin and lagoon will serve as the focal point of the development. The estimated total domestic water demand for indoor and outdoor use is approximately 941.03 acre- feet per year (AFY), or 2.45 acre-feet per acre. The residential indoor demand estimate is 97.22 AFY, the non-residential indoor use estimate is 42.34 AFY, and the outdoor estimate is 801.47 AFY. (WSA, p. 20.) The majority of the water use is the outdoor water demand, which equates to an outrageous 260,986,749.15 gallons of water per year. With precious water resources, a huge surf lagoon in the middle of the desert clearly does not comply with General Plan GOAL-WR-1 as an efficient use of water. The Wave Festival Project's inconsistency with this General Plan Goal constitutes a significant impact. B. The Wave Festival Project is Inconsistent with General Plan’s Policies Pertaining to Aesthetics and Light Pollution. It is undisputable that the Wave Festival Project — given the height, bulk, and scale of its proposed structures — would irreparably alter the community's character and views of the surrounding mountains. By the DEIR's own admission, the Wave Festival Project's impacts on scenic vistas, the visual character or quality of the site, scenic resources, and light and glare would be significant and unavoidable. (DEIR at 1-15.) The DEIR's conclusion that the Wave Festival Project would not conflict with the General Plan policies pertaining to aesthetics would be laughable if the implications were not so ominous. Certain of the most egregious violations include: Guiding Principle: One of the guiding principles of the General Plan is to reduce light pollution. (General Plan, p. 1-3.) The Wave Festival Project is blatantly inconsistent with this principle. The Wave Festival Project proposes 80-foot-high light fixtures. The 80‐foot light fixtures proposed for the project would be located around the Wave Basin to illuminate the recreational facility during the evenings. (DEIR, at 4.1-56.) The Wave Festival Project proposes seventeen (17) 80‐foot lights, separated approximately 20 feet from each other. The light poles lie within the line of sight for motorists and pedestrians, and visible to the properties south of the Wave Festival Project. (DEIR, at 4.1-39, 4.1-41.) Even worse, the lights will operate from dust to 10 PM. (Id.) As opined by Minagar & Associates in their comment letter of August 2, 2021 (see, Exhibit 3), the analysis contained in the DEIR is defective in several respects: Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 16 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 16 Providing the right lighting solution for an exterior application should take into consideration glare, along with the specific site requirements for spacing, efficiency, and visual comfort. Current means of measuring glare in exterior applications are not fully defined or comprehensive. Ways to is by the following: Shielding, diffusion, selection of warm CCTs, and reducing contrast of the Effective Luminous Area. Reducing glare may reduce the efficiency of the luminaire and the spacing, height which were not addressed in this DEIR report nor in Appendix B due to cost and potential redesign of the project. We have to bear in mind that, the level of glare that an individual experiences is highly subjective. Therefore, the designers should install mock-ups in order to confirm adequate performance and visual comfort of the concerned parties affected by such installation. Shielding and Diffusion in LED Luminaires has not been explored in the DEIR report nor in Appendix B. There is no alternative solution/ study provided for the intensity from the luminaire, the number of luminaires, the size of the luminaire, and the height or the angle of the luminaire. The proposed lighting plan does not provide any gradients. It immediately changes between dark and bright. For older residents/visitors in the surrounding area of the proposed project site, it will inevitably create a lot of discomforts especially bothering some individual’s eyes. Nor does the DEIR address concerns that are specific to the City and desert conditions. The City is regularly buffeted by high winds. As a result, there is silica particulate blown about in the area of the proposed project. That particulate is highly reflective. Nowhere in the DEIR does the Applicant address this important issue. The DEIR did not, then, properly analyze the light and glare emanating from the enormous 80-foot towers that will be constructed. There are no actual mockups of the proposed towers that would provide real and credible analysis of their impacts, for example. Moreover, the analysis of the DEIR did not consider the darkened skies of the surrounding environment in the Coachella Valley. It is a much-hallowed quality that municipalities and homeowner’s associations go to great lengths to make certain that ambient light is dampened or eliminated, e.g., some communities prohibit or limit light posts. This darkened atmosphere opens the night skies to the beauty of illuminating stars. These darkened skies then are a particularly bad backdrop from the glare that will most assuredly emanate from the 80-foot light towers that Applicant proposes especially when windstorm lift reflective particulate into the air. The light and glare generated from the fixtures would result in significant impacts and is in direct contrast to the City’s principle to reduce light pollution. GOAL OS-3: Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 17 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 17 Goal OS-3 states the importance of the preservation of scenic resources as vital contributors to the city's economic health and overall quality of life. (General Plan, at 11-30.) The Wave Festival Project causes a significant change in the visual character of the area from a single‐ story residential and golf environment to a hotel and Wave Basin facility. As determined in the line-of-sight analyses and visual simulations, the project site will result in the partial obstruction of views of Coral Mountain and the Santa Rosa Mountains, depending on location and viewpoint. Therefore, development of the project property would result in obstructed and partially obstructed views of these scenic resources. (DEIR, at 4.1-44.) The Wave Festival Project's clear inconsistency with this General Plan Goal constitutes a significant impact. Policy LU-2.3: Policy LU-2.3 states that the City's outdoor lighting ordinance will be maintained. The La Quinta Municipal Code (“LQMC”) Section 9.100.150, Outdoor Lighting, is intended to provide standards for outdoor lighting which allow adequate energy efficient lighting for public safety while minimizing adverse effect of lighting, such as lighting which has a detrimental effect on astronomical observations; inefficiently utilizes scarce electrical energy; and/or creates a public nuisance or safety hazard. As set forth above, the Wave Festival Project site, which is currently undeveloped and vacant, provides largely unobstructed views of Coral Mountain and the Santa Rosa Mountains from public rights‐of‐ways. (DEIR, at 4.1-72.) However, because of the enormous light poles around the Wave Basin, it will create an unsafe glaring off the roads where cars travel. The Wave Basin lights will be projected until 10 p.m. at night. The bright lights at the Wave Basin in the evening hours will clearly conflict with the City’s policy for public safety under the LQMC outdoor lighting ordinance. C. The Wave Festival Project is Inconsistent with General Plan Policies Pertaining to Noise Pollution. Notwithstanding the fact that the Wave Festival Project would result in significant noise pollution, the DEIR identifies it as “less than significant.” Moreover, it never bothers to analyze the Wave Festival Project's consistency with the following General Plan policies: Guiding Principle: One of the guiding principles of the General Plan is to reduce noise pollution. (General Plan, p. 1- 3.) The City's ongoing efforts to preserve the quality of life for all its residents, present and future, must include the protection of a quiet noise environment. The Wave Festival Project is clearly inconsistent with this principle. There are both operational and construction noise impacts associated with this Project. For example, the Wave Basin and associated machinery/facilities will cause operational noise impacts. Prior to Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 18 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 18 each wave, the control tower announces the event over the public address system. (DEIR, Appendix K.1 [Noise Study], at p. 73.) This is followed by the noise generated from the movement of the sled and an increase in noise levels from the mechanical equipment buildings. As the sled moves through the lagoon, noise from the cable and metal rollers is clearly audible. (Id.) During peak wave events, the Wave Basin generates noise levels ranging from 62.6 dBA Leq at end of the lagoon, 73.8 dBA Leq in the lifeguard tower and 75.7 dBA Leq near the cable roller system. (Id.) There are also serious noise levels concerns associated with outdoor hotel pool and spa activity. These noise activities include the waterfall, people talking, and children and adults swimming and playing in a pool. The measured reference noise level at 50 feet is 57.8 dBA Leq. (Id. at p. 75.) In addition, there is noise level impacts associated with the Wave Festival Project’s outdoor or beach club activities, including parents speaking on cell phones, kids playing, and background youth soccer games, with coaches shouting instructions and people cheering and clapping. The special events will also contribute to additional noise. The Noise Study estimated the playground activity noise level to be 43.4 dBA Leq. (Id.) Finally, there is noise level impacts associated the proposed neighborhood commercial center. The noise level measurements collected show a peak hourly noise level of 54.8 dBA Leq when measured at 50 feet. (Id.) All the operational noise impacts exceed 219.3 dBA Leq. There are also construction-related impacts associated with the Wave Festival Project, which includes combination of trucks, power tools, concrete mixers, and portable generators that when combined can reach high levels. Noise levels generated by heavy construction equipment can range from approximately 68 dBA to more than 80 dBA when measured at 50 feet. (Id. at p. 81.) Construction activity can result in varying degrees of ground vibration, depending on the equipment and methods used, distance to the affected structures and soil type. The Wave Festival Project is inconsistent with this general principle of reducing noise pollution. As discussed above, the operational and construction noise impacts would affect human lives, as well as wildlife. The DEIR cannot simply ignore this very real threat to public safety. GOAL N-1 GOAL N-1 states as follows: “A helpful noise environment which complements the City's residential and resort character.” The primary source of noise in the City is traffic. (General Plan, p. IV-4.) Traffic generated by the operation of the Wave Festival Project will influence the traffic noise levels in surrounding off-site areas. (DEIR, Appendix K.1 [Noise Study], at p. 1.) The DEIR acknowledges that the Wave Festival Project-related noise level increases are considered “potentially significant” for Avenue 58 and Madison Street. (Id.) In addition to the resort itself, there will be increased traffic from construction and special events. The Wave Festival Project's inconsistency with these General Plan principles and goals constitutes a significant impact. Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 19 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 19 D. The Wave Festival Project is Inconsistent with General Plan Policies Pertaining to Transportation. If implemented, the Wave Festival Project would be directly at odds with the General Plan's fundamental principles that development only be allowed in areas where the circulation and transportation system capacity can accommodate such development. One of the guiding principles in the General Plan is to “[p]romote and encourage a broad range of transportation opportunities, especially those that reduce the impact to our environment, as well as effectively moving people and goods. Continue to work closely with neighboring communities and regional agencies to address regional transportation issues.” (General Plan, at p. I-3.) The General Plan includes numerous guiding policies centered on these themes, including, but not limited to: Policy CIR-1.12 Policy CIR-1-1.12 states as follows: “As a means of reducing the vehicular traffic on major roadways and to reduce vehicle miles traveled by traffic originating in the City, the City shall pursue development of a land use pattern that maximizes interactions between adjacent or nearby land uses.” (General Plan, at p. II-126.) In direct violation of Policy CIR-1.12, if the Wave Festival Project is approved, the City would be allowing significant and unavoidable traffic impacts on local and regional highways. The Wave Festival Project is inconsistent with this General Plan Policy which also constitutes a significant impact. Policy CIR-2.1 Policy CIR-2.1 states as follows: “Encourage and cooperate with SunLine Transit Agency on the expansion of routes, facilities, services and ridership especially in congested areas and those with high levels of employment and commercial services and encourage the use of most energy efficient and least polluting transportation technologies.” (General Plan, at p. II-128 — II-129.) Within this Policy are several program goals, including: Program CIR-2.1.a: Consult and coordinate with the SunLine Transit Agency on immediate and long-term transit issues and assure pro active representation on the Agency Board and its decision making process. * * * Program CIR-2.1.c: When reviewing development proposals, consult and coordinate with SunLine and solicit comments and suggestions on how bus stops and other public transit facilities and design concepts, including enhanced handicapped access, should be integrated into project designs. Program CIR-2.1.d: When reviewing large-scale development proposals, consult and coordinate with SunLine to encourage the development of rideshare and other Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 20 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 20 alternative, high occupancy transit programs for employers with sufficient numbers of employees. (Id. at II-129.) The DEIR simply states that “bus facilities are not located within the project study area.” (DEIR, at 4.13-8.) It makes no mention of consulting with the SunLine Transit Agency or evaluating on ways that transit services could be incorporated into the Wave Festival Project. In fact, the DEIR provides no indication that the Wave Festival Project would result in an increase in transit mode share. Based on the Coral Mountain Vehicle Miles Traveled (VMT) Analysis (Appendix L.2), the Wave Festival Project has an estimated service population (SP) of 1,698 residents, 434 employees associated with the hotel use, 240 employees associated with the retail use, and approximately 300 hotel occupants for a total service population of 2,672. (DEIR, at 4.7-9.) With this type of large-scale project, it is imperative that transit programs are evaluated in more detail. Policy CIR-2.2 Policy CIR-2.2 states as follows: “Encourage reduction of greenhouse gas emissions (GHG) by reducing vehicle miles traveled and vehicle hours of delay by increasing or encouraging the use of alternative modes and transportation technologies, and implement and manage a hierarchy of Complete Street multimodal transportation infrastructure and programs to deliver improved mobility and reduce GHG emissions.” (General Plan, at p. II-129.) As set forth above, the DEIR is inadequate in its evaluation of alternative modes of transportation. The DEIR states that the Wave Festival Project includes Project Design Features (PDFs) that effectively reduce air quality and GHG emissions. (DEIR, at 7-6.) It goes on to list a few programs, such as employer-sponsored shuttles, and commute trip reduction program. (Id.) However, the DEIR provides very little detail on how these programs would be implemented. Without providing any details, it is unclear whether it complies with Policy CIR-2.2 of the General Plan. The Wave Festival Project is in clear violation of these General Plan Policies. The DEIR provides no indication that the Wave Festival Project would result in an increase in transit mode share. Rather than meeting recreational demand with transit service, the Wave Festival Project would likely be completely auto-based. In addition, the Wave Festival Project would result in a significant impact on local transit service providers for which the DEIR does not identify adequate mitigation. The Wave Festival Project is inconsistent with this General Plan Policy which also constitutes a significant impact. CONCLUSION Jon McMillen, City Manager Cheri Flores. Planning Manager Nicole Sauviat Criste, Consulting Planner August 6, 2021 Page 21 SLOVAK BARON EMPEY MURPHY & PINKNEY LLP Palm Springs, CA T (760) 322-2275 Indian Wells, CA T (760) 322- 9240 Costa Mesa, CA T (714) 435-9592 San Diego, CA T (619) 501-4540 Princeton, NJ T (609) 955-3393 New York, NY T (212) 829-4399 www.sbemp.com 21 We are concerned on several fronts that a project of the magnitude and impact of the Wave Festival Project is being considered without sufficient consideration being given to its significant environmental impact to the City and its residents. Moreover, we are concerned that the City is running afoul of its requirements to conduct a thorough and meaningful analysis of the Wave Festival Project as required by California law and by its own General Plan. Before the Wave Festival Project can even be considered, then, there must be a credible analysis of its environmental impact. That critical analysis has not been performed. Sincerely, Bruce T. Bauer, Esq. Enclosures Ex. 1 – Minagar & Associates, Inc. Resume Ex. 2 - August 3, 2021, Minagar & Associates, Inc comment letter re traffic Ex. 3 - August 2, 2021, Minagar & Associates, Inc comment letter re sound CC: Linda Evans, Mayor (levans@laquintaca.gov) Dr. Robert Radi, Mayor Pro Tem (rradi@laquintaca.gov) John Peña, Council Member (jpena@laquintaca.gov) Kathleen Fitzpatrick, Council Member (kfitzpartick@laquintaca.gov) Steve Sanchez, Council Member (ssanchez@laquintaca.gov)