2022-04-12 BauerFrom:
Sent:
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Bruce T. Bauer <bauer@sbemp.com>
Tuesday, April 12, 2022 12:55 PM
Consulting Planner; Jon McMillen; Cheri Flores; Planning WebMail
The Wave Festival Project / Coral Mountain Resort / Letter of April 12, 2022
2022 04 12 Supplemental comment letter to City Council re Final EIR.pdf
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Dear Mr. McMillen, Ms. Flores and Ms. Criste:
As you know, our office represents residents in the City of La Quinta (City), La Quinta Residents for
Responsible Development (LQRRD). Please find our letter of today's date, concerning The Wave Festival
Project in consideration of the Planning Commission's review of the project at tonight's meeting.
Please circulate this letter to all pertinent City staff and to the City's planning commissioners.
Thank you.
Bruce T. Bauer
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A T TOR NE Y 5
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Bruce T. Bauer
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A T T OR NE Y S
April 12, 2022
Via Email & U.S. Mail
City of La Quinta Planning Commission
(Planningna LaOuintaCA.gov)
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BRUCE T. BAUER
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RE: Agenda Item No. 1 (Continued from March 22, 2022), Coral Mountain Resort, Final
Environmental Impact Report (SCH# 2021020310)
Dear Chair Nieto and Honorable Commissioners:
As you know, our office represents residents in the City of La Quinta ("City"), La Quinta Residents
for Responsible Development ("LQRRD"). On March 22, 2022, LQRRD submitted comments on
the Final Environmental Impact Report (SCH# 2021020310) ("FEIR") for the Coral Mountain
Resort Project ("Project" and/or "Wave Festival Project"). At the conclusion of the seven hour
meeting, the Planning Commission continued the hearing date and requested additional information.
The Planning Commission was right to continue the hearing. There are a tremendous amount of
unanswered questions surrounding this Project. One of most serious questions the Planning
Commission must ask is why the City of Palm Desert is using a more conservative methodology to
evaluate water usage for its Wave Pool than the City of La Quinta. Specifically, the EIR for the
Palm Desert wave pool project stated that the Wave Festival Project used an "oversimplified
Coachella Valley Water District ("CVWD") evaporation rate," and did not account for annual loss
due to backwash, spilling or potential refilling of the wave pool. The City of Palm Desert also
implemented certain mitigation measures to its wave pool project that were not applied to this
Project, including a Turf Reduction Program.
What is even more troubling is that the EIR for the Palm Desert wave pool project was prepared by
Terra Nova Planning & Research ("Terra Nova"). As the Planning Commission may or may not
know, Ms. Nicole Sauviat Cirste, who is the Consulting Planner for the City of La Quinta on the
Wave Festival Project, is also the Vice President, Principal Planner, and Project Manager for Terra
Nova. As discussed more fully below, on February 7, 2022, LQRRD notified the City of serious
ethical concerns it had with Ms. Criste's failure to include the more "conservative" water usage
City of La Quinta Planning Commission
April 12, 2022
Page 2
methodology in the Draft EIR. Specifically, we believe Ms. Criste has violated her ethical
obligations by failing to fully analyze impacts to water consumption after concerns were raised by
an associate in her own environmental firm (Terra Nova) over the methodology used for the Wave
Festival Project. The presentation of conflicting analyses from the same consulting firm, even if the
analyses were performed by different project managers or teams and for different clients, will
inevitably undermine the credibility of the consultant.
To put it another way, how can one calculation method be employed for one Wave Pool (the project
in Palm Desert) and a different calculation method employed for the Wave Festival Project within
the same valley environment by the same Consulting Agency (Terra Nova) and the same water
provider (CVWD)? Shouldn't water usage be just as important to the City of La Quinta as it is the
the City of Palmdale? To date, LQRRD has never received a response to this letter. Therefore, we
reiterate our demand that the City provide an explanation to these serious allegations.
This supplemental comment letter will also focus on two other issues that need to be addressed
before this Project can proceed. First, LQRRD recently learned that the City has issued permits for a
new development that is literally down the street from the Wave Festival Project. The FEIR fails to
properly analyze the cumulative impacts from this new development.
Frankly, the lack of any analysis for this new development that is adjacent to the Wave Festival
Project is concerning on two fronts. First, the City of La Quinta just recently approved the new
development with no additional environmental review despite relying on an environmental
assessment that is over 19 years old. The City approved this development fully knowing that the
Wave Festival Project was also being considered for development. The City then ignored the
development in the EIR for the Wave Festival Project. What is the City of La Quinta trying to hide?
Finally, since sending our March 22, 2022 comment letter, Governor Newson issued a new drought
executive order that directly impacts the water conservation measures set forth in the FEIR. The
executive order only provides further evidence that drought and the lack of water continues to be a
fundamental concern in California. Although this executive order was not issued at the time the
FEIR was circulated, it will affect the permits issued for the Wave Festival Project. LQRRD
believes that the Project will be unable to meet these new requirements in the future.
I. Ms. Criste Violated Her Ethical Obligations As An Environmental Consultant By
Failing To Fully Analyze Impacts To Water Consumption
A. Two Wave Pool Projects in the Coachella Valley
Developers plan to build two different surf parks in the Coachella Valley — (1) Wave Festival
Project, and (2) DSRT SURF. Terra Nova Planning & Research ("Terra Nova")1 has been involved
1 There are four members of Terra Nova: (1) John D. Criste, AICP (President/ Principal Planner/ Project Manager); (2)
Nicole Sauviat Criste (Vice President/Principal Planner/Project Manager); (3) Andrea Randall (Senior Planner); and (4)
Kelly Clark (Associate Planner).
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April 12, 2022
Page 3
in both projects. Nicole Sauviat Criste is a Principal at Terra Nova. She is acting as the Consulting
Planner for the City of La Quinta on the Wave Festival Project. Terra Nova was also retained by the
City of Palm Desert to prepare an EIR and associated addenda to that EIR, for the DSRT SURF
project. A summary of each project is set forth below.
1. DSRT SURF
DSRT SURF is an 18-acre development project at Desert Willow Golf Resort in Palm Desert. The
project consists of the following:
•
5.5-acre surf lagoon and wave machine.
Surf Center and associated facilities.
92 room hotel, and 83 for -sale residential units and Club House.
The Draft and Final EIR for DSRT SURF was prepared by Terra Nova. Based on correspondence
between the City of Palm Desert and Terra Nova, Ms. Criste was one of the consultants who
worked on the project.2 The Water Supply Assessment ("WSA") was also prepared by Terra Nova.
The Draft EIR was released for public comment on May 21, 2019, and the Final EIR in October
2019. The Project is within the Coachella Valley Water District's ("CVWD") boundaries requiring
that it meet water quality requirements in the production and delivery of domestic water and sewage
management. With the implementation of Mitigation Measures HYD-1 through HYD-4, the EIR
concluded that the Project impacts would be less than significant. The Mitigation Measures are the
following:
• HYD-1: BMPs [Best Management Practices], as described in the Project -specific
WQMP [Water Quality Management Plan], shall be implemented to ensure that
water quality impacts resulting from the Project meet the City's NPDES [National
Pollutant Discharge Elimination System] standards.
• HYD-2: Exposed soil from excavated areas, stockpiles, and other areas where
ground cover is removed shall be stabilized by wetting or other approved means to
avoid or minimize the inadvertent transport by wind or water.
• HYD-3: The Project shall be subject to NPDES Construction General Permit
requirements.
• HYD-4: The Turf Reduction Program shall be completed prior to the issuance of
certificates of occupancy for the surf center.
The Turf Reduction Program (i.e., HYD-4) is in reference to California Governor's Executive Order
B-29-15 passed on April 1, 2015.3 This program directs the California Department of Water
2 For example, on July 5, 2019, Eric Ceja, Principal Planner for the City of Palm Desert, emailed Ms. Criste with
comments from the Airport Land Use Commission. (DSRT SURF Final EIR, at p. 45.)
3 California Drought - Executive Order B-29-15, Directive #3, April 1, 2015 (Turf Replacement Initiative).
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April 12, 2022
Page 4
Resources ("DWR") to lead a statewide initiative, in partnership with local agencies, to collectively
replace 50 million square feet of lawns and ornamental turf with drought tolerant landscapes.
The Turf Reduction Program dramatically reduced water consumption for the DSRT SURF Project.
Without the Program, the Project would require approximately 88.32 AFY of water at buildout of
both the lagoon and surf center and approximately 76.89 AFY of water for the Hotel and Villas
Planning Area, resulting in a total demand approximately 165.21 AFY of water at buildout. This is
approximately 0.14 percent of CVWD's anticipated 2020 total urban water demand of 114,600 AF,
and approximately 0.09 percent of CVWD's anticipated 2040 total urban water demand of 194,300
AF. However, after applying the water demand offsets associated with implementation of the
proposed turf reduction program at the Desert Willow Golf Course (106.75 AFY) provided in
Mitigation Measure HYD-4, the net total water demand for the Project is expected to be 58.46 AFY.
On November 14, 2019, the City Council approved the DSRT SURF Specific Plan (SP), Precise
Plan (PP), and Tentative Tract Map (TTM) by Resolution 2019-82 and adopted Resolution No.
2019-83 certifying an EIR, SCH No. 2019011044, Mitigated Monitoring and Reporting Program,
and adopted a Statement of Overriding Consideration in evaluating potentially adverse
environmental impacts. The land use allowances in the Specific Plan included a six -acre surf
lagoon, up to 350 hotel rooms, and 88 residential villas.
On February 4, 2021, Desert Wave Ventures, LLC, applied for amendments to the approved SP, PP,
and TTM, including an addendum to the EIR for the development of a 5.5-acre surf lagoon and surf
center facilities, 92 hotel rooms, 83 residential units, circulation, parking, and landscaping
constructed on 17.69 acres within the Desert Willow Golf Resort, and an off -site parking location in
close proximity
On November 11, 2021, a memorandum was issued by associate planner Kelly Clark of Terra Nova
to Eric Ceja of the City of Palm Desert regarding the water demand analysis for DSRT SURF (the
"TN Memo"). In the TN Memo, Terra Nova states the following regarding the Wave Festival
Proj ect:
Similar projects in the Valley, specifically the Wave at Coral
Mountain in La Quinta (the "Wave") used an oversimplified CVWD
evaporation rate for the wave pool based on a `Plant Factor of 1.10 for
a stationary body of water and 1.20 for a moving body of water'. The
analysis does not appear to account for annual loss due to backwash,
spilling or potential refilling of the wave pool. Compared to the La
Quinta Wave Festival Project, DSRT SURF used conservative water
demand estimates that assume that the surf lagoon will require
complete filling each year, accounts for water loss due to backwash
and spillage, and uses historical weather data to account for monthly
temperatures, humidity, wind, cloud cover, and solar radiation that
affect evaporation rates. (Emphasis added.)
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Page 5
The Project was approved by City Council on January 27, 2022.
2. The Wave Festival Project
The Wave Festival Project consists of 929 acres in total. Of that, 543 acres occur on the east side of
Madison Street, and will continue to develop as provided under SP 03-067, as a residential and golf
country club. The western portion of the project, on the west side of Madison Street, proposes the
development of the approximately 386-acre area. This portion of the project would be developed
under a new Specific Plan (SP 2020-0002) with up to 496 low density residential units on 232.3
acres; a resort hotel with up to 150 keys and complementary resort uses and amenities, a
recreational Wave Basin facility, 104 resort residential units, and 57,000 square feet of commercial
development on 120.8 acres; 60,000 square feet of neighborhood commercial uses on 7.7 acres, and
open space recreational uses on approximately 23.6 acres.
The applicant is requesting approval of a General Plan Amendment (GPA 2019-0002), Zone
Change (ZC 2019-0004), Specific Plan Amendment (SP 03-067), Specific Plan (SP 2020-0002),
Tentative Tract Map (TTM 2019-0005), Site Development Permit (SDP 2021-0001), and
Development Agreement (DA 2021-0002), as a part of the entitlement process.
The Draft and Final EIR for the Wave Festival Project was prepared by MSA Consulting, Inc.
However, Ms. Criste/Terra Nova is a Consulting Planner on the Project. Water supply for the
proposed project would be provided by the CVWD. (DEIR, at 4.9-19.) The project is expected to
consume approximate 958.63-acre feet per year (AFY). (DEIR, at 4.9-19.)
The Draft EIR was released for public comment on June 22, 2021, and the Final EIR in February
2022. Unlike the DSRT SURF project, NO mitigation measures were proposed for Hydrology and
Water Quality. For unknown reasons, the City of La Quinta is not requiring a Turf Reduction
Program, which could greatly reduce the water consumption for the Project. To date, the Final EIR
and related entitlements have not been approved.
B. Ethical Obligations for Environmental Professionals
The California Association of Environmental Professionals ("AEP")4 follows a Code of Ethics' for
it environmental consultants. They include the following:
1. I will conduct myself and my work in a manner that will uphold the values, integrity,
and respect of the profession.
4 AEP was founded in 1974 as non-profit association of public and private sector professionals with a common interest
in serving the principles underlying the California Environmental Quality Act (CEQA). The specific and primary
purposes of the association are to establish and operate a professional association of persons involved in and committed
to improving the processing and implementation of environmental assessment, analysis, public disclosure, and
reporting.
5 Here is a link to AEP Code of Ethics: https://www.califaep.org/aep_code of ethics.php
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Page 6
2. I will uphold the stated intent as well as the letter of environmental policies, laws,
and regulations which are adopted by governmental bodies or agencies.
3. I will not engage in, encourage, or condone dishonesty, fraud, deceit, discrimination,
harassment, or misrepresentation in the solicitation, preparation, or use of work
prepared by me or under my direction.
4. I will fully disclose to my employers and my prospective clients any economic or
ethical interests which could reasonably be interpreted as a conflict of interest by
them or by other affected parties with regard to my professional work.
5. I will ensure a good faith effort at full disclosure, technical accuracy, sound
methodology, clarity, and objectivity in the collection, analysis, interpretation, and
presentation of environmental information by me or under my direction.
6. I will achieve and maintain the highest level of professional competency for myself
and require the same for those I supervise.
7. I will conduct myself at all AEP- sponsored, hosted or supported events with
integrity and respect.
8. I will avoid harassment of all types in my written and in -person interactions when
attending or participating in AEP- sponsored, hosted or supported events.
(Emphasis added)
A key component of the AEP's Code of Ethics is its provisions seeking to ensure the validity of
data and guard against its misrepresentation. No cases squarely impose a fiduciary duty on an
environmental consultant, but cases involving other types of professionals (typically lawyers and
accountants), consultants, and contractors provide legal support by analogy. Environmental
consultants are skilled professionals who must meet certain minimum standards of care in the
provision of professional services to their clients. A fiduciary relation exists between two persons
when one of them is under a duty to act for or to give advice for the benefit of another upon matters
within the scope of the relation. (Knox v. Dean (2012) 205 Cal.App.4th 417, 432-433).
The presentation of conflicting analyses to the agency by the same consulting firm, even if the
analyses were performed by different project managers or teams and for different clients, will
inevitably undermine the credibility of the consultant. To avoid such problems before they arise,
environmental consultants are bound by the Code of Ethics described above. An environmental
consultant owes its client several duties, including a potential fiduciary duty. Its ability to discharge
these duties may be affected by conflicts of interest that can arise when the consultant works for two
or more different clients.
Here, Terra Nova worked on two separate wave pool/resort projects in the Coachella Valley over
the last few years — the DSRT SURF Project and the Wave Festival Project. On November 11,
2021, while both projects were still undergoing environmental review, Ms. Clark at Terra Nova
prepared the TN Memorandum to the Principal Planner at the City of La Quinta discussing DSRT
SURF's water demand analysis. As set forth above, Ms. Clark advised that the Wave Festival
Project "used an oversimpfied CVWD evaporation rate for the wave pool" based on a "Plant Factor
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Page 7
of 1.10 for a stationary body of water, and 1.20 for a moving body of water." Terra Nova further
stated that the Wave Festival Project failed to "account for annual loss due to backwash, spilling, or
potential refilling of the wave pool." She went on to state that DSRT SURF "used conservative
water demand estimates that assume the surf lagoon will require complete filing each year, accounts
for water loss due to backwash and spillage, and uses historical weather data to account for monthly
temperatures, humidity, wind, cloud cover, and solar radiation that affect evaporation rates."
The Wave Festival Project's DEIR, prepared under the oversight of Ms. Criste, did not include such
a detailed review of water consumption. It appears that a very different approach was taken
regarding the projected Project water consumption, particularly with respect to the wave basin. In
fact, the City of La Quinta issued a DEIR that states the following:
The findings of the WSA/WSV [Water Supply Assessment/Water
Supply Verification] determined that there will be sufficient water
supplies to meet the demands of the proposed project, and future
demands of the project, plus all forecasted demands in the next 20
years. This is based on the volume of water available in the aquifer,
CVWD's Colorado River contract supply, water rights and water
supply contracts, and CVWD's commitment to eliminate overdraft
and reduce per capita water use in CVWD's service area.
(DEIR, at 4.9-28.)
Water usage was a hot -button topic during the planning and public hearing processes for the DSRT
SURF Project (as it is in the Wave Festival Project). Doug Sheres, founding partner at Beach Street
Development and Desert Wave Ventures, stated:
"The water issue is a critical piece and our signature 'turf for surf'
program is a unique and effective way to offset water use. We are
removing over 1 million square feet of non -play golf course and
replacing it with native and drought -tolerant landscapes.
This will reduce water use on the golf course by almost 34 million
gallons per year and more than offset our lagoon water use of roughly
24 million gallons per year. It's incredible to think that this project
covers 18 acres, encompasses 83 homes with 50 attached lock -off
units, 92 hotel rooms, restaurants, bars, and a 5.5-acre body of water
and the whole thing uses less water than is required for 58 homes.
While the surfing component of this project is very special, we hope
the water conservation measures can help set an example for future
development in surf and beyond."6
6 "DSRT Surf Gets the Official Go -Ahead, Construction to Start Soon," WAVEPOOLMAG, (written by Neil
Armstrong, January 29, 2022.)
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How can one calculation method be employed for one Wave Pool (DSRT SURF Project) and a
different calculation method employed for the Wave Festival Project within the same valley
environment by the same Consulting Agency (Terra Nova) and the same water provider (CVWD)?
Ms. Criste was working on both projects at the time the TN Memorandum was circulated.
Ms. Criste, as a principal of Terra Nova, must have been aware of the contents of the TN Memo in
November 2021, indicating that the Wave Festival Project's analysis was inaccurate in many
aspects. It is not clear, then, why this information and important concerns were not contained in the
DEIR. This information is material — by the admission of the City's own consultant - and critically
important to the City's review of the Wave Festival Project.
In addition, why did the City of Palm Desert impose four mitigation measures, where no mitigation
measures are proposed for the Wave Festival Project? As discussed above, HYD-4 (the Turf
Reduction Program) will dramatically reduce water consumption in the DSRT SURF. Specifically,
total water demand for the Project would be reduced from 165.21 AFY of water at buildout to 58.46
AFY after applying the water demand offsets associated with implementation of the proposed turf
reduction program at the Desert Willow Golf Course.
In contrast, the Wave Festival Project is expected to consume approximately 958.63-acre feet per
year (AFY). (DEIR, at 4.9-19.) Despite this enormous use of water, the City of La Quinta has
proposed no Turf Reduction Program or other mitigation measures to reduce this water usage. It is
unclear why Ms. Criste proposed these mitigations measure for one surf pool project but not the
other.
Based on the Code of Ethics, it is reasonable to expect that a Consulting Planner for any project
would ensure that the EIR and all related documents are prepared utilizing accurate and verifiable
field techniques. She should have verified that the EIR documents represent their complete and
independent judgment and analysis, and in this case, given the timing of the release of this TN
Memo, this was not done. Doesn't the residents of La Quinta deserve the "conservative" method
approach used in Palm Desert? The City of La Quinta should ask these important questions before
approving this Project.
Mayor Evans has repeatedly stated and continuously assured us that the CEQA process will be
diligently followed for the Wave Festival Project. Proceeding on the flawed and inaccurate water
consumption analysis presented in the DEIR will negatively impact the quality of life for the citizens
of the City.
II. The FEIR Fails to Analyze the Cumulative Impacts Of A New Development Immediately
Adjacent to the Wave Festival Project
The FEIR does not properly analyze cumulative impacts, since it has failed to analyze a new
development literally just down the street from the Wave Festival Project. Beazer Homes Holdings,
LLC ("Beazer Homes") Cantera at Coral Mountain ("Cantera Development") is a housing
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Page 9
development located on the south side of Avenue 58 approximately %2 mile west of Madison Street.
The Cantera Development is immediately adjacent to the Wave Festival Project, and is currently
pre -selling single -story homes in La Quinta. Here is a map of the specific location (the gray legend
in the northern area of the map is the Cantera Development):
Legend:
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Plonr.ng Area Boundary
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This development has been in the works since 2003. The Tentative Tract Map ("TTM") for the
development (i.e., TTM 31249) was approved by the La Quinta City Council on September 16,
2003 for 85 single-family homes on 33.3 acres, subject to Conditions of Approval. Environmental
Assessment 2003-475 for TTM 31249 was adopted by the City Council on September 16, 2003
(Resolution 2003-93).
The original developer of the TTM, Adobe Holdings, Inc., recorded the final map and executed on -
site and off -site Subdivision Improvement Agreements ("SIAs"). However, during the economic
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Page 10
downturn, it lost the property through foreclosure after completing some, but not all, of the
improvements. Beazer Homes, the new developer, had acquired interest in the property and desired
to enter into replacement of on -site and off -site SIAs and bonds for the design and construction of
the remaining public and private improvements associated with the tract.
On June 24, 2021, just two days after the Draft EIR was circulated for public review, Beazer
submitted to the City of La Quinta a Retention Basin Rehabilitation and Trail Plan for the
development. On or about June 29, 2021, it requested approval of Site Development Permit 2021-
0005,7 and applied for a Grading Permit on July 22, 2021. On August 16, 2021, it provided the City
with its Plans and Maps for the Fugitive Dust Mitigation Plan. Importantly, MSA Consulting Inc.
(who prepared the EIR for the Wave Festival Project) submitted all the plans to the City on behalf
of Beazer Homes.
On September 29, 2021 the Design and Development Department approved Beazer Homes' request
for Site Development Permit 2021-0005 for architecture and landscaping plans for the Cantera
Development. Pursuant to the Staff Report, the City found "no changed circumstances or conditions
exist which would require the preparation of any subsequent environmental evaluation." In other
words, they found that no further CEQA review was necessary, despite the fact that the
environmental assessment was over 19 years old.
According to the Minutes at the October 19, 2021 City Council meeting, La Quinta resident Judy
Hovjacky spoke about the close proximity of the new residential development underway to the
proposed Wave Festival Project. She also noted that MSA Consulting, Inc. is a consultant for both
projects, and that the Draft EIR for the Wave Festival Project must be redone as this proposed
project and zone change was going to significantly impact the residents of the Cantera
Development. It does not appear from the Minutes that the City Council responded to Ms.
Hovjacky's comments.
On or about February 15, 2022, the City Council approved on -site and off -site replacement SIAs for
TTM 31249. This was all done during the environmental review process for the Wave Festival
Project.
An EIR must discuss a cumulative impact if the project's incremental effect combined with the
effects of other projects is "cumulatively considerable." (14 Cal. Code Regs. § 15130(a).) This
determination is based on an assessment of the project's incremental effects "viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable
future projects." (14 Cal Code Regs. § 15065(a)(3) (emphasis added); Banning Ranch Conservancy
v. City of Newport Beach (2012) 211 Ca1.App4th 1209, 1228; see also 14 Cal. Code Regs. §
15355(b).)
Beazer Homes proposed new architecture and landscape design for the single family homes, all to be constructed on
the existing tract.
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The purpose of the cumulative impacts analysis is to avoid considering projects in a vacuum,
because failure to consider cumulative harm may risk environmental disaster. (Whitman v. Board of
Supervisors (1979) 88 Ca1.App.3d 397, 408 (citing Natural Resources Defense Council v. Callaway
(2d Cir. 1975) 524 F.2d 79). Without this analysis, piecemeal approval of several projects with
related impacts could lead to severe environmental harm. (Golden Door Props., LLC v. County of
San Diego (2020) 50 Ca1.App.5th 467, 527; San Joaquin Raptor/Wildlife Rescue Ctr. v. County of
Stanislaus (1994) 27 Ca1.App.4th 713, 720; Las Virgenes Homeowners Fed'n v. County of Los
Angeles (1986) 177 Ca1.App.3d 300, 306.) An adequate analysis of cumulative impacts is
particularly important when another related project might significantly worsen the project's adverse
environmental impacts. (Friends of the Eel River v. Sonoma County Water Agency (2003) 108
Ca1.App.4th 859.)
The CEQA Guidelines set forth two methods for satisfying the cumulative impacts analysis
requirement: the list -of -projects approach and the summary -of -projections approach. Under either
method, the EIR must summarize the expected environmental effects of the project and related
projects, provide a reasonable analysis of cumulative impacts, and examine reasonable options for
mitigating or avoiding the project's contribution to any significant cumulative impacts. (14 Cal.
Code Regs. §§ 15130(b)(1)(A)—(B), 15130(b)(4)—(5).) It should also provide a specific reference to
additional information stating where it is available. (14 Cal. Code Regs. §15130(b)(4).)
It appears that the EIR attempted to use the summary -of -projections approach by relying on the
City's General Plan Amendment ("GPA"). (Draft EIR, Section 4.1-71-4.1-73.) However, the only
reference to the Cantera Development in the GPA is in Table II-39 of the Housing section. (GPA,
Housing, at II-231.) The table discussing a sample of new market rate housing prices, and lists "La
Cantera" as a single-family residence (3-4 bedrooms) with a sales price of approximately $700,000.
(Id.) No square footage was listed for the homes, or even the number of homes being built. (Id.)
It is not surprising that the GPA had very little information about the project, or its cumulative
effects on the surrounding area. This information is outdated, since the Project had been stagnant
from 2003 to 2021. The Cantera Development is over 19 years old. The environment surrounding
the project site has changed dramatically since 2003, including traffic, air quality, and noise.
Nevertheless, despite the age of the environmental analysis, the City Council failed to require the
new developer to update its Environmental Assessment.
Even worse, it does not appear that the Wave Festival Project took into account the Cantera
Development AT ALL in its meager 3-page cumulative impact analysis. Despite the close
proximity to the development, the EIR failed to analyze this new development's cumulative impacts
on the Wave Festival Project. How can an 85 single-family home community immediately adjacent
to the Wave Festival Project not be discussed?
When determining whether a cumulative impact must be analyzed, there are two related
determinations to make:
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(1) Is the combined impact of the project and other projects significant? (14 Cal. Code Regs.
§ 15130(a)(2).)
(2) Is the project's incremental effect cumulatively considerable? (14 Cal. Code Regs. §
15130(a).)
LQRRD is concerned about the potential cumulative impacts associated with this new development,
including its off -site construction related congestion, changes to the traffic patterns, and site access,
increased air quality and greenhouse gas emissions, noise, and water usage. Since the EIR fails to
account for impacts from this new development, the Wave Festival Project's incremental increase in
criteria to environmental impacts within the area are mispresented.
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 the
Cantera Development that is currently in development.
III. The Wave Festival Project Will Be Unable to Meet The Requirements of the New
Executive Order
Gov. Newson signed an Executive Order N-7-22 ("Order") in response to intensifying drought
conditions. The Order, signed on March 28, 2022, builds on his four 2021 orders relating to
California's drought, which is now in its third year. Among other requirements, the Order limits a
county, city or other public agency's ability to permit modified or new groundwater wells, and
instructs the State Water Resource Control Board ("Water Board") to consider (1) requiring certain
water conservation measures from urban water suppliers and (2) banning non-functional or
decorative grass at businesses and institutions. The Order notes that groundwater use accounts for
41 percent of the State's total water supply on an average annual basis but as much as 58 percent in
a critically dry year, and approximately 85 percent of public water systems rely on groundwater as
their primary supply.
Immediate Requirements:
Before local entities can permit new or modified groundwater wells in high and medium priority
groundwater basins, the Order requires the Groundwater Sustainability Agency monitoring the
basin to verify in writing that the permitted action is not inconsistent with the Groundwater
Sustainability Plan or other groundwater management program for the basin. Additionally, the
permitting entity must determine that the well will not interfere with nearby wells and will not cause
subsidence that could negatively affect nearby infrastructure.
In 2014, the California Legislature signed a three -bill legislative package into law, collectively
known as the Sustainable Groundwater Management Act ("SGMA"). (Draft EIR, at 4.9-10.) SGMA
allows local agencies to manage groundwater resources in a sustainable manner, with management
efforts tailored to the resources and needs of their specific communities. (Id.) Groundwater
management is described as the planned and coordinated monitoring, operation, and administration
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of a groundwater basin's sustainability. (Id.) SGMA requires that a Groundwater Sustainability Plan
("GSP") or Alternative Plan to a GSP ("Alternative Plan") be adopted for basins and subbasins
designated by the DWR as medium -and high -priority basins. SGMA requires that a Groundwater
Sustainability Agency ("GSA") be established to manage the basin and develop the plan. The GSP
or Alternative Plan must explain how the groundwater basin will be kept in balance to achieve long
term sustainability. (Id.) DWR evaluates each GSP or Alternative Plan in how well it will achieve
basin sustainability. (Id.)
The Indio Subbasin was designated as a medium -priority subbasin by DWR. (Id.) CVWD,
Coachella Water Authority ("CWA"), Desert Water Agency ("DWA"), and Indio Water Authority
("IWA") collectively represent the Indio Subbasin GSAs.
Water and sewer service for the Specific Plan area is provided by the CVWD. The CVWD provides
domestic water from wells. Pursuant to an existing agreement with CVWD, the Project will develop
two onsite wells sites, one of which will be equipped with a well pumping plant as required by
CVWD to serve the project. The project will also drill a private well to provide an additional source
of water for non -domestic (outdoor) purposes. (Draft EIR, at 3-29.) The exact location of the wells
and well sites will be subject to CVWD approval.
The Wave Festival Project's Specific Plan must "conform to the requirements of the CVWD's
current and future programs and requirements pertaining to water management and conservation."
(Specific Plan, p. 40.). Since permits have not yet been issued for the two onsite wells sites and
private well described in the Specific Plan, the new regulations will be applicable to the Project.
Pursuant to the Order, the City of La Quinta cannot approve a permit for a new groundwater well or
for alteration of an existing well in a basin subject to the SGMA and classified as medium -or -high -
priority without first obtaining written verification from a GSA managing the basin or area of the
basin where the well is proposed to be located that groundwater extraction by the proposed well
would not be inconsistent with any sustainable groundwater management program established in
any applicable GSP adopted by that GSA and would not decrease the likelihood of achieving a
sustainability goal for the basin covered by such a plan. As set forth above, the Indio Subbasin is
designated as a medium -priority subbasin, and it is managed collectively by CVWD, CWA, DWA,
and IWA. Therefore, based on the new regulations, the City of La Quinta must receive a written
verification from the GSAs that groundwater extraction by the proposed well would not be
inconsistent with any sustainable groundwater management program.
In addition, the Order states that the public agency cannot issue a permit for a new groundwater
well or for alteration of an existing well without first determining that extraction of groundwater
from the proposed well is (1) not likely to interfere with the production and functioning of existing
nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby
infrastructure. Since these permits have not yet been issued, the Project will be subject to these new
requirements. The Project will also be subject to possible inspections by the Water Board, since it is
now required to "expand inspections to determine whether illegal diversions or wasteful or
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unreasonable use of water are occurring and bring enforcement actions against illegal diverters and
those engaging in the wasteful and unreasonable use of water."
Potential New Water Board Remotions:
By May 25, 2022, the Water Board must consider adopting regulations requiring the following:
• Urban water suppliers shall submit a draft annual water supply and demand
assessment, as required in Water Code section 10632.1, by June 1, 2022. The final
draft remains due on July 1, 2022.
• Urban water suppliers shall activate their Water Shortage Contingency Plan (WSCP)
Level 2 requirements (anticipating up to a 20% reduction in supplies), or an
equivalent standard if there is no adopted WSCP, by a date to be determined by the
Water Board. CEQA requirements for projects relating to implementing WSCP
Level 2 requirements are suspended.
• The Water Board shall consider defining non-functional turf and banning the
irrigation of non-functional turf for commercial, industrial and institutional
properties.
The Order also encourages urban water suppliers to conserve more than required by the emergency
regulations if the drought lasts beyond this year and to voluntarily activate more stringent local
requirements based on a shortage level of up to thirty percent (Level 3). Therefore, to the extent the
Water Board adopts new regulations, those will also be applicable to the Project.
In a clear sign that the drought persists, the Order is aimed at stopping residents from wasting the
state's precious water. The City of La Quinta should also focus on prioritizing this resource. A surf
park in the middle of the desert encompasses the very definition of wastefulness. If the Wave
Festival Project fails to meet the new permitting requirements, and/or the new investigative
standards for reasonable use of water, the citizens of La Quinta will be left with a failed Project.
This is not good for either the Project or the City.
IV. CONCLUSION
For the reasons set forth above, we respectfully request that the City refrain from acting on the Wave
Festival Project until it has prepared and recirculated an EIR that fully complies with CEQA. A
revised EIR is required to analyze and mitigate the proposed Project's significant impacts.
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Sincerely,
Bruce T. Bauer, Esq.
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cc: Jon McMillen (jmcmillen@laquintaca.gov)
Cheri Flores (clflores(alaquintaca.gov)
Nicole Sauviat Criste (ConsultingPlanner@laquintaca.gov)
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