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2024 01 09 PCt(vI tr(v GEM of rh, DESERT --- — Planning Commission agendas and staff reports are now available on the City's web page: www.la uintaca. ov PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta TUESDAY JANUARY 9 2024 AT 5:00 P.M. Members of the public may listen to this meeting by tuning -in live via MW,.//Iaquinta.12milesout.com/video/live. CALL TO ORDER Roll Call: Commissioners Caldwell, Guerrero, Hassett, Hernandez, McCune, Tyerman, and Chairperson Nieto. PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the Commission on any matter not listed on the agenda pursuant to the "Public Comments — Instructions" listed at the end of the agenda. The Commission values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. CONFIRMATION OF AGENDA ANNOUNCEMENTS. PRESENTATIONS AND WRITTEN COMMUNICATIONS — NONE CONSENT CALENDAR PAGE 1. MEETING MINUTES OF NOVEMBER 14, 2023 6 BUSINESS SESSION — NONE STUDY SESSION — NONE PLANNING COMMISSION AGENDA Page 1 of 5 JANUARY 9, 2024 PUBLIC HEARINGS — 5:00 p.m. or thereafter For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the Commission Secretary prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words). Any person may submit written comments to the Planning Commission prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing. PAGE CONSIDER A REQUEST FOR CONTINUANCE OF THE PUBLIC HEARING 11 FOR DEVELOPMENT AGREEMENT 2022-0001 FOR ESTATES AT GRIFFIN LAKE; CEQA: THE PROJECT IS CONSISTENT WITH PREVIOUSLY ADOPTED ENVIRONMENTAL ASSESSMENT 2014-1001; LOCATION: SOUTH OF AVENUE 54, EAST OF MADISON STREET AND WEST OF MONROE STREET 2. CONSIDER ADOPTING A RESOLUTION APPROVING CONDITIONAL USE PERMIT 2023-1000 FOR A TIME EXTENSION TO CUP2022-0011 FOR A 75 - FOOT -TALL TEMPORARY TELECOMMUNICATION MONOPOLE WITH ASSOCIATED EQUIPMENT ENCLOSURE WITHIN THE LA QUINTA RESORT PROPERTY; CEQA: THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES; LOCATION: 49499 EISENHOWER DRIVE 3. CONSIDER ADOPTING A RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2023-0004 FOR A NEW MIXED-USE RESIDENTIAL AND ART/GLASSBLOWING STUDIO; CEQA: THE PROJECT IS CONSISTENT WITH THE PRFVIOIJSLY ADOPTED ENVIRONMENTAL IMPACT REPORT WHICH WAS PREPARED FOR THE VILLAGE BUILD -OUT PLAN (EA2016-0012); LOCATION: 78095 CALLE CADIZ STAFF ITEMS — NONE COMMISSIONERS' ITEMS ADJOURNMENT 183 213 The next regular meeting of the La Quinta Planning Commission will be held on January 23, 2024, commencing at 5:00 p.m. at the La Quinta City Hall Council Chamber, 7Qn9r, Calle Tampico I a Q, into CA 0025 2 U� .� v ice. I i lNwv, _u — u, vi PLANNING COMMISSION AGENDA Page 2 of 5 JANUARY 9, 2024 DECLARATION OF POSTING I, Tania Flores, Secretary of the Planning Commission of the City of La Quinta, do hereby declare that the foregoing Agenda for the Commission meeting of January 9, 2024, was posted on the City's website, near the entrance to the Council Chamber at 78495 Calle Tampico and the bulletin board at 51321 Avenida Bermudas, on January 5, 2024. DATED: January 5, 2024 44 -- Tania Flores, Commission Secretary City of La Quinta, California Public Notices • Agenda packet materials are available for public inspection: 1) at the Clerk's Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253, and 2) on the City's website at htt s://www.la uintaca. ov/business/boards-and- commissions/planning-commission, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)]. • The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please contact Commission Secretary at (760) 777-7023, 24 -hours in advance of the meeting and accommodations will be made. • If background material is to be presented to the Commission during a Commission meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the Commission Secretary for distribution. It is requested that this takes place prior to the beginning of the meeting. PUBLIC COMMENT — INSTRUCTIONS Members of the public may address the Commission on any matter listed or not listed on the agenda as follows: WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 10 copies to the Commission Secretary, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to TFlores LaQuintaCA. ov, no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to the Commission, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting PLANNING COMMISSION AGENDA Page 3 of 5 JANUARY 9, 2024 unless, upon the request of the Chair, a brief summary of public comments is asked to be reported. If written public comments are emailed, the email subject line must clearly state "Written Comments" and should include: 1) full name, 2) city of residence, and 3) subject matter. VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a "Request to Speak" form and submitting it to the Commission Secretary; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Commission Secretary. In accordance with City Council Resolution No. 2022-028, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the Commission Secretary by completing a "Request to Speak" form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments. Verbal public comments are defined as comments provided in the speakers' own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Chair. Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the Commission Secretary to be disseminated to the Commission, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Chair. All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City's Internet Web site and any other Internet Web -based platform or other Web -based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.]. TELECONFERENCE ACCESSIBILITY Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the Commission requests to attend and participate in this meeting remotely due to `just cause" or "emeraencv circumstances; " as defined, and only if the request is approved. In PLANNING COMMISSION AGENDA Page 4 of 5 JANUARY 9, 2024 such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda. *** TELECONFERENCE PROCEDURES — PURSUANT TO AB 2449*** APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIEILITY IS IN EFFECT Verbal public comments via Teleconference — members of the public may attend and participate in this meeting by teleconference via Zoom and use the "raise your hand" feature when public comments are prompted by the Chair; the City will facilitate the ability for a member of the public to be audible to the Commission and general public and allow him/her/they to speak on the item(s) requested. Please note — members of the public must unmute themselves when prompted upon being recognized by the Chair, in order to become audible to the Commission and the public. Only one person at a time may speak by teleconference and only after being recognized by the Chair. ZOOM LINK: haps:l/us06web.zoom.usli182853067939 Meeting ID: 828 5306 7939 Or join by phone: (253) 215 —8782 Written public comments — can be provided in person during the meeting or emailed to TFlores L@QuintaCA. ov any time prior to the adjournment of the meeting, and will be distributed to the Commission, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Chair, a brief summary of any public comment is asked to be read, to the extent the Committee can accommodate such request. PLANNING COMMISSION AGENDA Page 5 of 5 JANUARY 9, 2024 CALL TO ORDER CONSENT CALENDAR ITEM NO. 1 PLANNING COMMISSION MINUTES TUESDAY NOVEMBER 14 2023 A regular meeting of the La Quinta Planning Commission (Commission) was called to order at 5:00 p.m. by Vice Chairperson Hassett. PRESENT: Commissioners Caldwell, Guerrero, Hernandez, McCune, Tyerman, and Vice Chairperson Hassett ABSENT: Chairperson Nieto STAFF PRESENT: Design and Development Director Danny Castro, Public Works Director Bryan McKinney, Senior Planner Scott Nespor, Community Resources Management Analyst Michael Calderon, City Attorney Bill Ihrke, and Commission Secretary Tania Flores PLEDGE OF ALLEGIANCE Commissioner Caldwell led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA Design and Development Director Castro said a red -lined supplemental staff report and draft resolution were distributed to the Planning Commission as a HANDOUT and included in the public record of this meeting for Consent Calendar Item No. 1, providing clarification on the property ownership and that there is no project or development assuciated with the proposed property exchange under consideration, between the City of La Quinta and Nino Rosini for certain real property. MOTION — A motion was made and seconded by Commissioners Caldwell/McCune to confirm the Agenda and acknowledge receipt of the red -lined supplemental staff report and draft resolution for Consent Calendar Item No. 1. Motion passed: ayes — 6, noes — 0, absent — 1 (Nieto), abstain — 0. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. INTRODUCE SENIOR PLANNER SCOTT NESPOR Design and Development Director Castro introduced new Senior Planner Scott Nespor who provided a brief summary of his experience and qualifications. PLANNING COMMISSION MINUTES Page 1 of 5 NOVEMBER 14, 2023 2. LA QUINTA CULTURAL CAMPUS PROJECT UPDATE Community Services Management Analyst Calderon provided a project update summary for the La Quinta Cultural Campus project. CONSENT CALENDAR 1. CONSIDER ADOPTING A RESOLUTION FINDING THE PROPOSED EXCHANGE BETWEEN THE CITY OF LA QUINTA AND NINO ROSINI FOR CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 0.37 ACRES ON AVENIDA LA FONDA (APN: 770-125-003) AND APPROXIMATELY 0.40 ACRES ON DESERT CLUB DRIVE (APN: 770-155-001) CONSISTENT WITH THE 2035 GENERAL PLAN; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 150641 (b)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, COMMON SENSE EXEMPTION Commission Secretary Flores and Design and Development Director Castro reiterated that a red -lined supplemental staff report and draft resolution were distributed to the Planning Commission as a HANDOUT and included in the public record of this meeting for Consent Calendar Item No. 1 (replacing pages 6, 7, 9, 10, and 11 of the Agenda Packet), providing clarification on the property ownership and that there is no project or development associated with the property exchange under consideration, between the city of La Quinta and Nino Rosini for certain real property. The Commission waived presentation of the staff report, which is on file in the Design and Development Department. Staff answered questions regarding prospective uses for each of the vacant parcels if this property exchange was to be approved. MOTION — A motion was made and seconded by Commissioners Caldwell/Tyerman to adopt Planning Commission Resolution No. 2023-018 approving Consent Calendar Item No. 1, as amended to include the additional findings as noted by staff. Motion passed: ayes — 6, noes — 0, absent — 1 (Nieto), abstain — 0. BUSINESS SESSION 1. CONSIDER ADOPTING A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 2022-0002 TO ADD THE CITY'S INVENTORY OF SITES IN THE CITY'S CERTIFIED HOUSING ELEMENT TO MEET THE STATE -MANDATED "NO NET LOSS" REQUIREMENTS IN CONNECTION WITH THE LA QUINTA VILLAGE APARTMENTS PROJECTION; LOCATION: NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 Design and Development Director Castro presented the staff report which is on file in the Design and Development Department. PLANNING COMMISSION MINUTES Page 2 of 5 NOVEMBER 14, 2023 Staff answered questions regarding the process for producing and certifying the Housing Element (HE) and Inventory of Sites and if and how property owners are notified of such designation; current and proposed unit allocation on the proposed Site 6 — Mayer as well as the additional sites being considered; HE approval and certification process by the State's Housing and Community Development Agency (HCD) including assessment of default density and project feasibility, additional alternative sites evaluated but not included in the HE; consequences of this project not moving forward and the project site reverting back to low- and very low-income affordable housing unit requirements; and any current or prospective projects or developments proposed for Site 6 — Mayer. PUBLIC SPEAKER: James Vaughn, Esq. with SZR Law, representing the Mayer Corporation, property owner of Site 6 — Mayer — provided additional information regarding Site 6 — Mayer including prospective future commercial uses and current proposed commercial projects; infrastructure improvements made to Site 6 — Mayer area including roadway and traffic improvements; difficulty in financing affordable housing projects when compared to the current commercial use zoning designation; and lack of identification of alternative sites not to include Site 6 — Mayer. Discussion with the Commission, Staff, and Mr. Vaughn followed regarding the City's Affordable Housing Overlay and Inventory of Sites; HCD's HE certification and approval processes; future planning for affordable housing inventory sites; and Site 6 — Mayer density and unit allocation. PUBLIC SPEAKER Greg Irwin, Partner and Principal with Irwin Partners Architects, and Applicant's representative — explained the financing difficulties when mixing low- and very low-income units with market rate units in a housing project. Staff answered questions regarding unit allocation on the proposed alternative sites; the possibility of reviewing the HE and alternative affordable housing sites at a future date; purview of current item for consideration and process for approval by Commission and Council. Commission expressed frustration with the State's housing allocation and "No Net Loss" law requirements; and the ability to move the La Quinta Village Apartments project forward as it is a viable and proposed project at this time. MOTION — A motion was made and seconded by Commissioners Caldwell/Guerrero to approve Planning Commission Resolution No. 2023-019 recommending City Council approve General Plan Amendment 2022-0002 to add to the City's Inventory of sites in the City's certified housing element to meet the sate -mandated "No Net Loss Law" requirements in connection with the La Quinta Village Apartments project, as recommended. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO APPROVE ADDITIONS TO THE CITY'S INVENTORY OF SITES IN THE CITY'S CERTIFIED HOUSING ELEMENT TO MEET THE STATE -MANDATED "NO NET LOSS" REQUIREMENTS IN CONNECTION WITH THE LA QUINTA VILLAGE PLANNING COMMISSION MINUTES Page 3 of 5 NOVEMBER 14, 2023 E:3 APARTMENTS PROJECT, LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 CASE NUMBERS: GENERAL PLAN AMENDMENT 2022-0002; SPECIFIC PLAN 2022-0001 (SP2004-071, AMEND 2); SITE DEVELOPMENT PERMIT 2022-0001; ENVIRONMENTAL ASSESSMENT 2022-0001 APPLICANT: IRWIN PARTNERS ARCHITECTS Motion passed: ayes — 6, noes — 0, absent — 1 (Nieto), abstain — 0. STUDY SESSION — None. PUBLIC HEARINGS 1. CONSIDER ADOPTING A RESOLUTION TO APPROVE CONDITIONAL USE PERMIT 2022-0012 FOR THE CONSTRUCTION OF A MONOPALM WIRELESS TELECOMMUNICATION FACILITY LOCATED AT AN EXISTING FIRE STATION; CEQA: THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES; LOCATION 54001 MADISON STREET DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT — None Senior Planner Nespor presented the staff report which is on file in the Design and Development Department. Staff answered questions regarding the public noticing of this project and any public comment received; and recent zone changes to allow for telecommunication facilities within major community facility zones. VICE CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING OPEN AT 6:58 P.M. PUBLIC SPEAKER: Alisha Strasheim, Construction Manager for SmartLink LLC — introduced herself and provided additional information regarding propagation maps and coverage; steps to acquire site locations and construction requirements, and provided photo simulations of the proposed project. Ms. Strasheim answered Commission questions regarding existing towers at the project site; construction timelines; FCC regulations and existing cell site interference; previous cell site approvals and status of the previously approved telecommunication facility near the PGA West community; ability to co -locate with existing monopalms in the area and the project landscaping additions for camouflage purposes; and distance of equipment facility in relation to the proposed monopalm. Secretary Flores said that one written public comment was received by George Christopher in support of the project and questioning the ability to collocate which was already addressed by the applicant. PLANNING COMMISSION MINUTES Page 4 of 5 NOVEMBER 14, 2023 VICE CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING CLOSED AT 7:13 P.M MOTION — A motion was made and seconded by Commissioner McCune/Vice Chair Hassett to adopt Planning Commission Resolution No. 2023-020 approving Conditional Use Permit 2022-0012 for the construction of a monopalm wireless telecommunication facility located at an existing fire station, as recommended: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT 2022-0012 FOR THE CONSTRUCTION OF A MONOPALM WIRELESS TELECOMMUNICATION FACILITY LOCATED AT AN EXISTING FIRE STATION AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES CASE NUMBER: CONDITIONAL USE PERMIT 2022-0012 APPLICANT: SMARTLINK/AT&T Motion passed: ayes — 6, noes — 0, absent —1 (Nieto), abstain — 0. STAFF ITEMS Design and Development Director Castro reminded the Commission and public that the Planning Commission meeting of November 28, 2023, has been cancelled and the next regular Planning Commission meeting will be held on December 12, 2023; and invited the Planning Commission to attend the upcoming City Open House on December 5, 2023. COMMISSIONER ITEMS Commissioner Hernandez asked about the status of the Planning Commission meeting minutes of October 10, 2023, and staff answered the minutes will be presented to the Commission for review and approval at a future meeting. Commissioner Tyerman questioned the Commission on who would be attending an upcoming Coachella Valley Water District training. ADJOURNMENT There being no further business, a motion was made and seconded by Commissioners Guerrero/Caldwell to adjourn this meeting at 7.17 p.m. Motion passed: ayes — 6, noes — 0, absent — 1 (Nieto), abstain — 0. Respectfully submitted, TANIA FLORES, Commission Secretary City nf I a 0iiinta California PLANNING COMMISSION MINUTES Page 5 of 5 NOVEMBER 14, 2023 10 PUBLIC HEARING ITEM NO. 1 City of La Quinta PLANNING COMMISSION MEETING: January 9, 2024 STAFF REPORT AGENDA TITLE: CONSIDER A REQUEST FOR CONTINUANCE OF THE PUBLIC HEARING FOR DEVELOPMENT AGREEMENT 2022-0001 FOR ESTATES AT GRIFFIN LAKE; CEQA: THE PROJECT IS CONSISTENT WITH PREVIOUSLY ADOPTED ENVIRONMENTAL ASSESSMENT 2014-1001; LOCATION: SOUTH OF AVENUE 54, EAST OF MADISON STREET AND WEST OF MONROE STREET RECOMMENDATION Consider the applicant's request for continuance of the public hearing Development Agreement (DA2022-0001) to give the applicant time to conduct more community outreach. EXECUTIVE SUMMARY • The Estates at Griffin Lake project consists of approximately 40 acres located on the south side of Avenue 54, east of Madison Street, and includes 78 single-family lots, one residential estate lot, and common lots for amenities and streets (Attachments 1 and 2). • The project was approved by Council on May 5, 2015, and included a Specific Plan Amendment, Tentative Parcel Map, Site Development Permit, and Tentative Tract Map. • The applicant is proposing a Development Agreement (DA) to allow for Short -Term Vacation Rental (STVR) of the 78 single-family lots. • The applicant has submitted a request to continue the public hearing to February 13, 2024, to allow time for the applicant to conduct more community outreach (Attachment 3). BACKGROUND/ANALYSIS The Estates at Griffin Lake project, located on the south side of Avenue 54, one quarter mile east of Madison Street, consists of a 39.8 -acre residential development with 78 single- family homes, one residential estate lot, and common lots for a lake, community building and private streets (Attachment 4). The project was approved by Council on May 5, 2015, and included Specific Plan (SP) 2014-1001 Amendment 1, Tentative Parcel Map (TPM) 36745, Site Development Permit (SDP) 2014-1003, and Tentative Tract Map (TTM) 36744. Extensions for the SDP and TTM were recently granted by Council on June 20, 2023. 11 In May 2021, the City Council adopted an ordinance that places a permanent ban on issuance of new STVR permits, with the exception of units within the Village and Tourist Commercial zones, and developments subject to a DA that stipulate STVRs are allowed, among other specified exceptions. In this case, the applicant wishes to enter into a DA with the City to allow STVRs to be permitted in the 78 -lot subdivision area. The current Griffin Estate property (Lot 79 of TTM 36744, located in the northwest corner of the site) is allowed to operate as a STVR and is separate from this proposal. Government Code Section 65864 and the La Quinta Municipal Code (LQMC) Section 9.250.020 allow applicants to enter into DAs with the City. Prior to the scheduled hearing but after the hearing notice had been sent, the applicant submitted a request to continue the public hearing to February 13, 2024, to allow time for the applicant to conduct more community outreach. Development Agreement Terms The terms of the draft DA are summarized below (Exhibit A to the Resolution). a The project shall be constructed in accordance with project approvals and shall consist of a residential single-family development available for use as primary residences, secondary residences, and STVR residences, with the following components: o Annual permitting fees to be consistent with the City's fee program. o All STVR residences are subject to the STVR regulations in the LQMC. o Any rental or occupancy of 30 nights or less to be subject to the City's then - current Transient Occupancy Tax (TOT) for STVRs. o Rental or occupancy agreements, and material renter or occupant information, shall be retained for a minimum of three (3) years (or other retention period as may be approved by City policy or code) by the applicant or their authorized management company for the STVR at the site. o Occupancy in any residence, including residences used as STVRs, shall be capped at two (2) persons per bedroom, plus one (1) person, orthere may be an increase in occupancy allowances for STVRs as set forth in the STVR Regulations in effect as of the date of the issued permit. o Each of the residences shall allow for transient occupancy, 30 days or less, and o Residences that are permitted to be operated as STVRs shall be managed under one central property manager/management company. • A performance schedule for construction of the 78 single-family homes and associated improvements. The term of the DA shall be for 50 years. The DA shall be reviewed on an annual basis. Findings The Commission is required to make the following findings on the DA per LQMC Section 9.250.020. The Commission has 30 days from the date of the hearing to provide their recommendation to City Council. 12 Consistency with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan as follows: o Policy LU -6.3: Support and encourage the expansion of the resort industry as a key component of the City's economic base. o Goal ED -1: A balanced and varied economic base serving both the City's residents and the region. o Goal ED -2: The continued growth of the tourism and resort industries in the city. o The properties would be able to be used for short-term vacation rental residences thus contributing to the economic base and tourism industry of the City. Compatibility with the uses authorized in and the regulations prescribed for the land use district in which the real property is located: o The properties are available and must be used for residential purposes, and may be the residents' primary residence or secondary residences, and/or may be used for STVR residences, which residential use is consistent with the permissible uses of the land use district the property is located in. Additionally, the SP for the property includes a lake that serves as a reservoir for irrigation water and as a recreational amenity. The use of the properties as STVR residences would be appropriate in the SP area given this planned amenity and the nearby estate. • Conformity with the public necessity, public convenience, general welfare, and good land use practices: o The properties may be used as residences which is consistent with the surrounding area and SP. Will not be detrimental to the health, safety, and general welfare: o The properties may be used as residences which is consistent with the surrounding area and SP. o The DA would implement the SNR operational regulations in the Municipal Code including but not limited to those pertaining to noise, maximum occupancy, and enforcement. Will not adversely affect the orderly development of property or the preservation of property values: o The DA facilitates development of high-quality homes and continues the pattern of residential development along Avenue 54 in the project area and facilitates implementation of the SP. o The DA would implement the STVR operational regulations in the Municipal Code including but not limited to those pertaining to noise, maximum occupancy, and enforcement. • Will have a positive fiscal impact on the City: o The fiscal study prepared for the DA shows a positive fiscal impact on the City from revenues gained through payment of certain development impact 13 fees for undeveloped units and transient occupancy tax (TOT) when units are rented on a STVR basis (Attachment 5). AGENCY AND PUBLIC REVIEW Public Agency Review This request was sent to all applicable City departments and all applicable comments have been adequately addressed. Public Notice The public hearing notice was advertised in The Desert Sun newspaper on December 29, 2023, and was sent to property owners and occupants within a 500 -foot radius of the project site, in accordance with the noticing requirements of the La Quinta Municipal Code. Public comments are included in Attachment 6. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the proposed project is consistent with Mitigated Negative Declaration (MND) EA2014-1001 adopted by City Council on May 5, 2015, in that the properties are available and must be used for residential purposes, as primary or secondary residences, or STVR residences. Prepared by: Cheri Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachments: 1. Vicinity Map 2. Project Information 3. Continuance Request Letter 4. Tentative Tract Map 36744 5. Fiscal Impact Study 6. Public Comments 14 PLANNING COMMISSION RESOLUTION 2024 - XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND GRIFFIN RANCH INVESTMENTS RELATING TO ESTATES AT GRIFFIN LAKE AND A FINDING THAT THE PROJECT IS CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2014-1001 CASE NUMBER: DEVELOPMENT AGREEMENT 2022-0001 APPLICANT: GRIFFIN RANCH INVESTMENTS WHEREAS, the Planning Commission of the City of La Quinta, California did, on January 9, 2024, hold a duly noticed Public Hearing to consider a request for a Development Agreement to allow short-term rentals at proposed residences within the Estates at Griffin Lake tract, generally located south of Avenue 54, one-quarter mile east of Madison Street, more particularly described as: Tentative Tract 36744 Parcel Map 36745 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on December 29, 2023, as prescribed by the Municipal Code; and WHEREAS, the Design and Development Department determined that the project is consistent with the Mitigated Negative Declaration (EA2014-1001) adopted May 5, 2015, and no further environmental review is required under the California Environmental Quality Act. The Planning Commission considered this determination prior to their recommendation to the City Council; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Development Agreement [Exhibit A]: 1. The Development Agreement is consistent with the applicable objectives, policies, general land uses and programs of the La Quinta General Plan as follows: a. Policy LU -6.3: Support and encourage the expansion of the resort industry as a key component of the City's economic base. b. Goal ED -1: A balanced and varied economic base serving both the City's residents and the region. c. Goal ED -2: The continued growth of the tourism and resort industries in the city. 15 PLANNING COMMISSION RESOLUTION 2024 -XXX DEVELOPMENT AGREEMENT 2022-0001 PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 2 of 3 d. The properties would be able to be used for short-term vacation rental residences thus contributing to the economic base and tourism industry of the City. 2. The Development Agreement is compatible with the uses authorized and the regulations prescribed for the land use district in which the real property is located. The properties are available and must be used for residential purposes, and may be the residents' primary residence or secondary residences, and/or may be used for STVR residences, which residential use is consistent with the permissible uses of the land use district the property is located in. Additionally, the Estates at Griffin Lake Specific Plan (SP2014-1001) for the property includes a lake that serves as a reservoir for irrigation water and as a recreational amenity. The use of the properties as STVR residences would be appropriate in the Specific Plan area given this planned amenity and the nearby estate. 3. The Development Agreement is in conformity with the public necessity, public convenience, general welfare, and good land use practices. The project may be used as residences, which is consistent with the surrounding area and SP2014- 1001. 4. The Development Agreement will not be detrimental to the health, safety, and general welfare. The project may be used as residences, which is consistent with the surrounding area and SP2014-1001. The DA would implement the STVR operational regulations in the Municipal Code including but not limited to those pertaining to noise, maximum occupancy, and enforcement. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that it facilitates development of high-quality homes and extends residential development along Avenue 54 in the project area and facilitates implementation of SP2014-1001. The DA would implement the STVR operational regulations in the Muniripal Code including but not limited to those pertaining to noise, maximum occupancy, and enforcement. 6. The Development Agreement will have a positive fiscal impact on the City, in that implementation of the Development Agreement will produce revenues through payment of certain development impact fees, increased property taxes, and transient occupancy taxes, when units are rented on a short-term basis. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the Planning Commission to be consistent with Environmental Assessment 2014-1001. 16 PLANNING COMMISSION RESOLUTION 2024 -XXX DEVELOPMENT AGREEMENT 2022-0001 PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 3 of 3 SECTION 3. That it does hereby recommend to the City Council adoption, in accordance with applicable State and City law, of the Development Agreement (Exhibit A), as referenced in the title of this Resolution, for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on January 9, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California STEPHEN T. NIETO, Chairperson City of La Quinta, California 17 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Citv Clerk PLANNING COMMISSION RESOLUTION 2023 -XXX ADOPTED: EXHIBIT A Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code §6103 and §27383) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND GRIFFIN RANCH INVESTORS, LP, a Delaware limited partnership 18 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the day of , 2024 ("Reference Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of the California ("City"), and GRIFFIN RANCH INVESTORS, LP, a Delaware limited partnership, ("Developer"), with reference to the following: RECITALS: A. Government Code Section 65864 et seq. ("Development Agreement Act") authorizes City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Government Code Section 65865, City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.020 (or successor provisions)) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Developer is the owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, as more particularly described in the legal descriptions in Exhibit A attached hereto and incorporated herein by this reference (the "Property") and more particularly depicted with corresponding APNs on the Site Map attached hereto as Exhibit B and incorporated herein by this reference (the "Site"). D. Developer has duly submitted an application for a development agreement and environmental assessment for the development of the Property and/or improvements to previously improved portions of the Property, to use as a residential community that includes and would allow for the subdivision, development, permitting, operation and use of seventy-eight (78) residences to be constructed within the Site allowing for use as short-term vacation rentals pursuant to Chapter 3.25 of the La Quinta Municipal Code (briefly summarized here as the "Project" and more fully defined below in this Agreement). The Project is more fully described in, and subject to (i) this Agreement, (ii) the City's General Plan, (iii) Tentative Tract Map No. 36744 that subdivides the Property into seventy-eight (78) separate legal residential lots, one (1) residential estate lot, and common lots for a lake, community building, and private streets, and the conditions of approval appurtenant thereto ("Tentative Map 36744") (iv) Specific Plan 2014-1001 Amendment 1, in effect as of the Effective Date, and any of the conditions of approval appurtenant thereto (the "Specific Plan"), (v) Site Development Permit 2014-1003 (SDP 2022-0012), in effect as of the Effective Date, and the conditions of approval appurtenant thereto the "SDP"), (vi) any future discretionary or ministerial approvals and/or permits issued for the Property, Site or Project (collectively, the "Project Site Development Permits"); and (vii) any future subdivision maps approved for the Property, Site, or Project, (collectively, the "Future Tract Maps"). The documents, permits, approvals, and conditions described in the foregoing clauses (i) -(vii) are collectively referred to herein as the "Project Approvals," and are, or when approved or issued shall be, on file with the City Clerk and available for inspection during regular business hours at La Quinta City Hall 19 located at 78495 Calle Tampico, La Quinta, CA 92253. E. Consistent with Section 9.250.020 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement that shall be construed as a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Project Approvals, all as more particularly set forth herein. F. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City's General Plan, including the goals and objectives thereof. G. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. H. On , 2023, the City Council adopted its Ordinance No._ approving this Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 1. GENERAL 1.1 Definitions. In addition to the defined words and terms set forth elsewhere in this Agreement, the following defined words and terms shall apply: 1.1.1 "Affiliated Party" shall mean (i) any person or entity that directly or indirectly owns or has voting or management rights of Developer or its members or managers, or (ii) any entity that is directly or indirectly owned, controlled or managed by Developer or its members or managers, or such members' or managers' shareholders. City shall have the right to review and confirm any person or entity purported to be an "Affiliated Party" for purposes of this Agreement. 1.1.2 "Agreement" means this Development Agreement and all amendments and modifications thereto. 20 1.1.3 "Applicable Rules" means the following rules, regulations, ordinances and officially adopted policies of the City of La Quinta in full force and effect as of the Effective Date of this Agreement: the City's General Plan, the Specific Plan, Tentative Map 36744, the SDP, and the Short -Term Vacation Rental Regulations (defined below). Additionally, notwithstanding the language of this Section or any other language in this Agreement: (a) all specifications, standards, and policies regarding the design and construction of public works facilities required with respect to the Project, if any, shall be those that are in effect at the time any of said Project applications and plans are being processed for approval and/or under construction; and (b) payments for all development impact fees, mitigation fees, application and processing fees, and any other fees and exactions relating to the development of the Project, shall be those that are in effect at the time said Project applications and plans are being processed for approval and subject to payment pursuant to Section 2.2.1(v) of this Agreement. 1.1.4 "Assignment and Assumption Agreement" shall have the meaning set forth in Section 1.8.1 of this Agreement. 1.1.5 "CEQA" means the California Environmental Quality Act (Cal. Public Resources Code Sections 21000 et seq.) (or successor provisions) and the State CEQA Guidelines (Cal. Code of Regs., Title 14, Sections 15000 et seq.) (or successor provisions). 1.1.6 "City" means the City of La Quinta, a charter city and municipal corporation, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission. 1.1.7 "City Council" means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867. 1.1.8 "Compliance Certificate" shall have the meaning set forth in Section 4.1 of this Agreement. 1.1.9 "CC&Rs" shall have the meaning set forth in Section 3.1 of this Agreement. 1.1.10 "Davis -Stirling Act" means the Davis -Stirling Common Interest Development Act, California Civil Code Section 4000 et seq. (or successor provisions). 1.1.11 "Development Director" means the Director of the City's Design and Development Department, or his or her designee. Agreement. 1.1.12 "Developer" means the Developer identified in the preamble of this 1.1.13 "Development Agreement Act" means Section 65864 et seq., of the 3 21 California Government Code (or successor provisions). 1.1.14 "Development Agreement Ordinance" shall have the meaning set forth in Recital B. 1.1.15 "Discretionary Action" means an action which requires the exercise of judgment, deliberation or a decision on the part of City, including any board, commission, committee, or department or any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with statutes, ordinances, regulations, or other adopted policies. Agreement. 1.1.16 "Effective Date" shall have the meaning set forth in Section 1.3 of this 1.1.17 "Future Tract Maps" shall have the meaning set forth in Recital D. 1.1.18 "General Plan" means the General Plan of the City. 1.1.19 "Insubstantial Modification" shall have the meaning set forth in Section 1.6(a) of this Agreement. 1.1.20 "Mortgage" and "Mortgagee" shall have the meanings set forth in Sections 7.1 and 7.2, respectively, of this Agreement. 1.1.21 "New Laws" means amendments or modifications to the Applicable Rules, and all ordinances, resolutions, initiatives, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees enacted or adopted after the Effective Date. 1.1.22 "Parties" means collectively Developer and City. Each shall be referred to in the singular as a "Party". 1.1.23 "Performance Schedule" shall mean the performance schedule for the Project attached hereto as Exhibit D and incorporated herein by reference, and as further described in Section 3.3. 1.1.24 "Planning Commission" means the City Planning Commission and the planning agency of the City pursuant to California Government Code Section 65867. 1.1.25 "Project" means the development, improvement, use and operation of the Site as set forth in more detail in Section 3.1. 1.1.26 "Project Approvals" shall have the meaning set forth in Recital D. 4 22 1.1.27 "Property Manager" shall have the meaning set forth in Section 5.4 of this Agreement. 1.1.28 "Recorder's Office" shall mean the Office of Official Records for Riverside County, California. 1.1.29 "Request for Notice of Default" shall have the meaning set forth in the Third Paragraph of Section 7.3 of this Agreement. 1.1.30 "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on City's police powers and which are instead reserved to City, its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees. The Reserved Powers include the powers to enact or adopt New Laws or take future Discretionary Actions after the Effective Date of this Agreement that may be in conflict with the Applicable Rules and Project Approvals, except such New Laws which would prevent, or materially impair Developer's ability to develop the Project and/or use the Property and Site in accordance with the Project Approvals and this Agreement; provided, however, that with respect to such New Laws which would conflict with this Agreement or prevent, or materially impair Developer's ability to develop or use the Project in accordance with the Project Approvals, such New Laws shall apply to the Project and the Site only if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis in furtherance of the identified public health and safety concern (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God, which shall apply even if not applicable on a City-wide basis); (2) amendments to Uniform Codes, as adopted by City, and/or the La Quinta Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Property or at the Site; (3) required by a non -City governmental entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a material loss of funds or material loss of access to funding or other resources, with "material loss" in this clause (3) meaning Seventy Five Thousand Dollars ($75,000.00) or more, as such minimum threshold amount of $75,000.00 may be adjusted as of January 1 of each calendar year (the "Adjustment Date") during the Term of this Agreement by any increases in the Consumer Price Index for All Urban Consumers for the Riverside -San Bernardino -Ontario, California areas (1982-84=100) from the Effective Date to the applicable Adjustment Date), (4) necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Agreement), or (5) adopted by the City on a City wide basis and applied to the Property and the Site in a non- discriminatory manner that does not prevent or materially impair Developer's ability to develop the Project and/or operate or use the Site and Project in accordance with the Project Approvals and this Agreement. 1.1.31 "SDP" shall have the meaning set forth in Recital D. 1.1.32 "Short -Term Vacation Rental Regulations" means Chapter 3.25 (or 23 successor chapter or provisions) of the La Quinta Municipal Code, as may be amended from time to time, and any and all implementing rules, regulations, and policies of the City relating thereto. 1.1.33 "Site" shall have the meaning set forth in Recital C. 1.1.34 "Site Map" means the map that shows the location of the Site and immediately adjacent properties, which is attached hereto as Exhibit B. 1.1.35 "Specific Plan" shall have the meaning set forth in Recital D. 1.1.36 "Tentative Map 36744" shall have the meaning set forth in Recital D. 1.1.37 "Term" means the period of time for which the Agreement shall be effective in accordance with Section 1.2 herein. 1.1.38 "Transferee" means individually or collectively, Developer's successors in interest, assignees or transferees of all or any portion of the Site. 1.1.39 "Uniform Codes" means those building, electrical, mechanical, plumbing, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi -state professional organization and become applicable throughout the City, such as, but not limited to, the Uniform Building Code, the Uniform Electrical Code, the Uniform Mechanical Code, Uniform Plumbing Code, or the Uniform Fire Code (including those amendments to the promulgated uniform codes which reflect local modification to implement the published recommendations of the multi -state organization and which are applicable City-wide). 1.1.40 "Zoning Ordinance" means Title 9 of the La Quinta Municipal Code (or successor title or provisions). 1.2 Term. The term of this Agreement shall commence on the Effective Date and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the Parties after the satisfaction of all applicable public hearing and related procedural requirements. 1.3 Effective Date. This Agreement shall be effective, and the obligations of the Parties hereunder shall be effective, as of ("Effective Date"), which is the date that Ordinance No. takes effect. This Agreement shall be recorded in the Recorder's Office no later than thirty (30) days after the Effective Date. 1.4 Statement of Benefits and Consideration. The Parties have determined that a development agreement is appropriate for the 6 24 construction and operation of the Project due to the substantial benefits to be derived therefrom City finds and determines that the Project is in the best interests of the health, safety and general welfare of City and its residents, and that entering into this Agreement constitutes avalid, present exercise of its police power. City has undertaken the necessary proceedings, has found and determined that this Agreement is consistent with the General Plan, and has adopted the above - referenced Ordinance approving this Agreement. As a result of the development of the Project in accordance with this Agreement, City will receive substantial benefits. In consideration of the substantial benefits, commitments, and consideration to be provided by Developer pursuant to this Agreement, and in order to strengthen the public planning process and reduce the economic costs of development, City hereby provides Developer assurance that Developer can proceed with the construction and use of the Project at the Site for the Term of this Agreement pursuant to the Applicable Rules and this Agreement. Developer would not enter into this Agreement or agree to provide the public benefits, commitments and consideration described in this Agreement if it were not for the certainty provided by this Agreement that the Project and the Site can be constructed and used during the Term of this Agreement in accordance with the Applicable Rules and this Agreement. 1.5 CSA Requirements. The Project has been reviewed for environmental impacts in accordance with the provisions of CEQA pursuant to the City's Environmental Assessment EA2014-1001. Developer shall develop the Project pursuant to any and all design features, mitigation measures, and other terms and conditions as approved by Environmental Assessment EA2014-1001 and as required by any other City -approved CEQA environmental review for the Project. 1.6 Modification or Amendment of this Agreement. Except as expressly stated to the contrary herein, this Agreement may be modified or amended from time to time, in whole or in part, only by mutual written consent of the Parties or their successors in interest, consistent with Government Code Sections 65867-65868 (or successor provisions), the City's Development Agreement Ordinance, and the following terms: (a) Insubstantial Modifications. The Parties acknowledge that refinements and further development of the Project may demonstrate that minor changes are appropriate with respect to the details of the Project development and the performance of the Parties. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, and thus desire to provide a streamlined method of approving insubstantial modifications to this Agreement. Therefore, any minor modification to this Agreement which does not modify (i) the Term of this Agreement; (ii) permitted uses of the Site, (iii) maximum density or intensity of use, except as specifically allowed in the Project Approvals, (iv) provisions for the reservation or dedication of land, (v) conditions, terms, restrictions or requirements for Reserved Powers, Discretionary Actions or subsequent Discretionary Actions, or (vi) monetary obligations of Developer (hereinafter an "Insubstantial Modification"), and that can be processed under CEQA 25 either as not a "project" under CEQA or as exempt from CEQA, and that does not require a public hearing prior to the Parties executing a modification to this Agreement. Either Party may propose an Insubstantial Modification, consent to which shall not be unreasonably withheld, conditioned, or delayed by the other Party. Upon the written request of Developer for a modification to this Agreement, the City Manager or his/her designee shall determine, in his/her sole discretion: (1) whether, in his/her reasonable judgment, the requested modification constitutes an "Insubstantial Modification," as defined herein; (2) whether the requested modification is consistent with Applicable Rules (other than that portion of this Agreement sought to be modified); and (3) whether, in his/her reasonable judgment, the requested modification tends to promote the goals of this Agreement. If the City Manager or his/her designee determines that the requested modification is an "Insubstantial Modification" that is consistent with Applicable Rules and tends to promote the goals of this Agreement, the proposed modification will be approved by the City as an Insubstantial Modification, and a written modification will be executed by the Parties and attached to this Agreement. Any such Insubstantial Modification shall not be deemed an "amendment" to this Agreement under Government Code Section 65858. Any agreement memorializing an approved Insubstantial Modification shall be recorded in the Recorder's Office no later than thirty (30) days after complete execution of said agreement. (b) Substantia! Amendments. Except as otherwise described in Section 1.6(a) of this Agreement, amendments to this Agreement shall be "Substantial Amendments" which require notice and a public hearing pursuant to California Government Code Section 65868. (c) Parties Required to Amend. Where a portion of Developer's rights or obligations have been transferred, assigned, and assumed pursuant to Section 1.8 of this Agreement, the signature of the person or entity to whom such rights or obligations have been assigned shall not be required to amend this Agreement unless such transfer, assignment and assumption would materially alter the rights or obligations of such assignee/transferee hereunder. (d) Effect of Amendment. Any amendment to this Agreement shall be operative only as to those specific portions of this Agreement expressly subject to the amendment, and all other terms and conditions of this Agreement shall remain in full force and effect without interruption. 1.7 Termination; Applicable to All of the Pro e Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement as set forth in Section 1.2. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals. Any termination of this Agreement shall affect the entire Property and Site. 1.8 Assignment of Interests Rights and Obii ations. Developer may transfer or assign all or any portion of its interests, rights or obligations 8 under this Agreement to third parties acquiring an interest or estate in the Property and/or the Site, or any portion thereof, including, without limitation, purchasers or ground lessee(s) of lots, parcels or facilities, subject to the following: 1.8.1 Assignment and Assumption Agreements. (a) In connection with the transfer or assignment by Developer of all or any portion of the Property and/or the Site (other than a transfer or assignment by Developer to a Mortgagee, defined below), Developer and the transferee shall enter into a written agreement (an "Assignment and Assumption Agreement") regarding the respective interests, rights and obligations of Developer and the transferee in and under this Agreement. Such Assignment and Assumption Agreement may: (i) release Developer from obligations under this Agreement pertaining to that portion of the Property and/or Site being transferred, as described in the Assignment and Assumption Agreement, provided that the transferee expressly assumes such obligations; (ii) transfer to the transferee vested rights to develop and/or improve and use that portion of the Property and/or Site being transferred; and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment. (b) Developer shall obtain City's prior written consent to any Assignment and Assumption Agreement (other than a transfer or assignment by Developer to a Mortgagee, defined below), which consent shall not be unreasonably withheld, conditioned or delayed. Failure by City to respond within thirty (30) days to any request made by Developer for such consent shall be deemed to be City's refusal of the Assignment and Assumption Agreement in question. City may refuse to give its consent if such transferee has failed to provide sufficient evidence of financial resources and/or such transferee would not, in City's reasonable discretion, be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the City Manager in consultation with the City Attorney and is appealable by Developer directly to the City Council. (c) An Assignment and Assumption Agreement shall be binding on Developer, City and the transferee provided (i) Developer is not then in default under this Agreement, (ii) Developer has provided notice to City of such transfer, and City has approved the transfer, and (iii) the transferee executes and delivers to City a written agreement in which (a) the name and address of the transferee is set forth and (b) the transferee expressly and unconditionally assumes each and every obligation of Developer under this Agreement with respect to the Property and/or Site, or portion thereof, being transferred (to the extent Developer has not retained a continuing obligation), (c) Developer no longer has any legal or equitable interest in the Property and/or Site or the portion thereof sold or transferred, as applicable, and (d) City has, in the exercise of its reasonable discretion, satisfied itself of transferee's ability to assume those Developer obligations under this Agreement being assigned. Upon recordation of any Assignment and Assumption Agreement in the Recorder's Office, Developer shall automatically be released from those obligations assumed by the transferee therein, and said transferee shall thereafter be deemed the "Developer" under this Agreement for those transferred and assumed obligations. The Assignment and Assumption Agreement shall be recorded in the Recorder's Office no later than thirty (30) days after the complete execution thereof by Developer, City, and transferee. 27 (d) In further explanation of Subdivision 1.8.1(c) above, Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to an Assignment and Assumption Agreement approved by the City pursuant to this Agreement. No breach or default hereunder by any person succeeding to any portion of Developer's obligations under this Agreement shall be attributed to Developer, nor may Developer's rights hereunder be canceled or diminished in any way by any breach or default by any such person following Developer's release of obligations under the Project Approvals pursuant to an Assignment and Assumption Agreement assigning Developer's obligations to that successor. (e) The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 1.8.2 Transfers for Mortgages. Any transfers or assignments for any Mortgagee shall be subject to the provisions in Article 7 of this Agreement. 1.8.3 Transfers to Affiliated Parties. Developer may, at any time and without City's prior consent, transfer all or any portion of its rights and obligations under this Agreement to any Affiliated Party, and, in connection with the transfer of any such obligations by Developer to an Affiliated Party in accordance with this Agreement, shall be released from such obligations assumed by the Affiliated Party. Developer shall deliver to City, no later than ten (10) days after such transfer, an Assignment and Assumption Agreement in recordable format memorializing the transfer of Developer's rights and obligations under this Agreement to an Affiliated Party, along with evidence sufficient for City, in its reasonable discretion, to review and confirm the transferee is an Affiliated Party of Developer, and Affiliated Party's contact information for notices to be delivered pursuant to this Agreement. The Assignment and Assumption Agreement shall be recorded in the Recorder's Office no later than thirty (30) days after the effective date of the assignment and assumption of said rights and obligations to the Affiliated Party. In the event a purported transferee is not an Affiliated Party, or Developer does not provide sufficient evidence, in City's reasonable discretion, to review and confirm the purported transferee is an Affiliated Party, any such transfer shall be void and of no force and effect. 2. AGREEMENTS AND ASSURANCES 2.1 Agreement and Assurance on the Part of Developer. In consideration for City entering into this Agreement, and as an inducement for City to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purposes and intentions set forth in the Recitals of this Agreement, Developer 10 28 hereby agrees that the terms and conditions of this Agreement, including the Project Approvals incorporated herein, shall govern development and operation of the Site for the Term of this Agreement. 2.2 Agreement and Assurances on the Part of the Ci!)!. In consideration for Developer entering into this Agreement, and as an inducement for Developer to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purposes and intentions set forth in this Agreement, City hereby agrees as follows: 2.2.1 Vested Entitlement to Develata. Developer has the vested right to develop, improve, operate and use the Property, Site, and Project subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, densities, and intensities of use of the Property and the Site, timing or phasing of development, zoning, provisions for the reservation or dedication of land for public purposes, and the location and size of public improvements, as well as those other terms and conditions of development of the Project as set forth in this Agreement and the other Project Approvals. Developer's vested rights under this Agreement shall also include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace all improvements on the Property and the Site within the Project (or any portion thereof) throughout the applicable Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the existing development or the Project or any portion thereof, subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. Such vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement, or (b) expiration of the Term of this Agreement. Except for the expiration set forth in clause (b) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate any obligations of Developer under this Agreement that (x) have accrued prior to termination of this Agreement or (y) that expressly survive the termination of this Agreement, such as indemnification obligations. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all Applicable Rules, unless modified by or in conflict with the provisions of this Agreement; (ii) Subject to Article 5 of this Agreement, the right to develop, improve, and use the Property and the Site for short-term vacation rentals, provided any and all short-term vacation' rental units are in compliance with the obligation to remit the transient occupancy tax pursuant to Chapter 3.24 of the La Quinta Municipal Code; (iii) all New Laws applied to Developer through the City's Reserved Powers; 11 29 (iv) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, building permits, and Future Tract Maps; (v) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (vi) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. 2.2.2 Changes in Applicable Rules. (A) Nonapplication of Changes in Applicable Rules. Any change in or addition to the Applicable Rules (as defined in this Agreement and in effect as of the Effective Date), including any such change by means of ordinance, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City, City Council, Planning Commission or any other board, commission, department or agency of the City, or any officer or employee thereof, or by the electorate, as the case may be, which change would, absent this Agreement, otherwise be applicable to the Property, Site, and/or to the Project, and which change would either (i) conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, or (ii) reduce the development rights and allowances set forth in the Applicable Rules, Project Approvals, or this Agreement, shall not be applied to the Property, Site, or Project unless such changes represent an exercise of City's Reserved Powers, or are otherwise agreed to in this Agreement. It is expressly understood and agreed that Developer has the right to develop, improve, and use the Property and the Site for short-term vacation rentals pursuant and subject to Article 5 [SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES] of this Agreement. The right to apply for a new or renewal permit, and the City's ability to review and issue a new or renewal permit, for short-term vacation rentals on the Property, Site, or Project, shall be allowed and authorized by this Agreement. Notwithstanding the foregoing paragraph, Developer may, in its sole discretion, consent in writing to the application to the Property, Site, and/or Project of any change in the Applicable Rules. (B) Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development and use of the Property, Site, and Project shall be subject to changes which may occur from time to time in the Uniform Codes, as such Codes are adopted by the City of La Quinta. 12 30 (C) Changes Mandated by Federal or State Law. This Agreement shall not preclude the application to the Property, Site, and Project of changes in, or additions to, the Applicable Rules, including rules, regulations, ordinances and official policies, to the extent that such changes or additions are mandated to be applied to developments such as this Project by state or federal regulations, pursuant to the Reserved Powers. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended only to the extent necessary to comply with such state or federal laws or regulations. 2.2.3 Subsequent Development Review. Except as expressly reserved in this Agreement (including the right to apply for a new or renewal permit, and the City's review and issuance of a new or renewal permit, for short-term vacation rentals), nothing shall impair or interfere with the right of City to require the processing of permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of Uniform Codes. 2.2.4 Effective Development Standards. City agrees that it is bound to permit the uses, intensities of use, and densities of development on the Property and Site which are permitted by this Agreement and the Project Approvals, insofar as this Agreement and the Project Approvals so provide or as otherwise set forth in the Applicable Rules. City hereby agrees that it will not unreasonably withhold, delay or condition any approvals and/or permits which must be issued by City in order for the Project to proceed and for the Property and Site to be used for the authorized uses herein, provided that Developer reasonably and satisfactorily complies with all applicable procedures for processing applications for such approvals and/or permits. 3. DEVELOPER'S OBLIGATIONS 3.1 Develovinent afthe Proiect; Planned Develonment. Developer shall construct the Project on the Site as a "planned development" as defined in California Civil Code Section 4175 (or successor provision) pursuant to the Davis -Stirling Act, which, among other requirements, shall require the recording by Developer of a declaration of covenants, conditions, and restrictions that, at a minimum, meets the requirements of a "declaration" as defined and described in the Davis -Stirling Act and to memorialize specified conditions of approval that are part of the Project Approvals (the "CC&Rs"). Developer shall provide to City, no less than ninety (90) days prior to the anticipated date of recording, a copy of the propose final draft of the CC&Rs for review and approval, not to be unreasonably withheld, by the City Manager and City Attorney. The Project shall have an "association" as defined and described in the Davis -Stirling Act. Developer shall construct the Project on the Site only in accordance with the Project Approvals. As depicted in the Project Approvals, as the same may be updated or amended from 13 31 time to time consistent with the terms hereof, the Project shall consist of a residential single-family development specifically developed and available for residential purposes, and may be the residents' primary residences or secondary residences, and/or may be used for short-term vacation rentals, with the following components: (A) Annual permitting fees to be consistent with the City's fee program; (B) Any rental or occupancy of thirty (30) nights or less to be subject to the City's then -current transient occupancy tax (TOT) for short-term vacation rentals; (C) Rental or occupancy agreements, and material renter or occupant information, shall be retained for a minimum of three (3) years (or other retention period as maybe approved by City policy or code) by the Developer or Developer's authorized management company for the short-term vacation rentals at the Site; (D) Occupancy in any residence, including residences used as short- term vacation rentals, shall be capped at two (2) persons per bedroom, plus one (1) person; provided, however, that there may be an increase in occupancy allowances for permitted short- term vacation rentals as set forth in the Short -Term Vacation Rental Regulations in effect as of the date of the issued permit, or, if the Short -Term Vacation Rental Regulations (or relevant provisions regarding occupancy allowances) are repealed for any reason (including any of the reasons specified in Section 2.2.2(A) of this Agreement), then the occupancy allowances for permitted short-term vacation rentals shall be the Short -Term Vacation Rental Regulations most recently in effect prior to being repealed and shall remain applicable for the balance of the Term of this Agreement; and (E) All residences at the Site shall allow for transient occupancy, which means occupancy for thirty (30) days or less. 3.2 Compliance with Government Code Section 66473.7 Developer shall comply with the provisions of Government Code Section 66473.7 with respect to Tentative Map 36744 and any Future Tract Maps prepared for the Project. 3.3 Performance Schedule Developer shall plan, design and construct the Project in a timely manner in accordance with the Performance Schedule attached hereto as Exhibit D. The Parties acknowledge and agree that the Performance Schedule is a general sequencing of the phases of the Project, and such sequencing may be modified by Developer to effectuate construction and end-use efficiencies. If Developer, in its good faith discretion, anticipates or decides a phase of the Project may need to be removed or an additional phase of the Project should be added, or the timing for completion of phases should be revised, the Performance Schedule may be amended by mutual written agreement of the Parties. The City may approve or deny a requested amendment to the Performance Schedule in its reasonable discretion, provided that such approval shall not be 14 32 unreasonably withheld or delayed. In evaluating a Developer request for an amendment to the Performance Schedule, the City shall give strong consideration and latitude to Developer in the Developer's good faith exercise of business judgement based on market conditions and other factors Developer deems appropriate in connection with the requested amendment. If an amendment(s) to the Performance Schedule is determined to be an Insubstantial Modification pursuant this Agreement, the City Manager is individually authorized to sign such an amendment(s) on behalf of the City. 3.4 Funding, Fees, Permits, and Approvals. 3.4.1 No Funding. Developer acknowledges that the City is not providing any funding for the Project. 3.4.2 Fees. Pen -nits, and Approvals Governed by Municipal Code. Subject to Article 5 of this Agreement, all permitting and processing fees (including for the permitting and processing of short-term vacation rentals), and all permits and approvals for the Property, Site, and Project, shall be governed by the provisions of the La Quinta Municipal Code and shall be paid and performed in accordance therewith and any and all applicable ordinances, resolutions, and policies relating thereto. All such fees and applications, including the timing provisions therein, submitted to the City shall be processed in accordance with the then -current La Quinta Municipal Code and any and all applicable ordinances, resolutions, and policies relating thereto, and shall not be accorded separate treatment pursuant to this Agreement . All City -imposed fees, including the fees for short-term vacation rental permitting, shall be in the amount prescribed by the La Quinta Municipal Code or duly adopted City Council ordinances, resolutions, and policies in effect at the time the fee is imposed; provided, however, that, if the Short -Term Vacation Rental Regulations (or relevant provisions regarding any or all fees relating to the permitting and use of short-term vacation rentals) are repealed for any reason (including any of the reasons specified in Section 2.2.2(A) of this Agreement), then the fees for applications and uses of short- term vacation rentals on the Property and at the Site shall be the fees most recently in effect prior to the Short -Term Vacation Rental Regulations (or relevant provisions) being repealed and shall remain applicable for the balance of the Term of this Agreement. 3.4.3 Imposition of Existing and future Fees. Nothing set forth in this Agreement is intended to or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, Citywide fees, charges, levies, or assessments for the development of the Property, Site, or Project, or to impose or increase, subject to the required procedure, any taxes applicable to the Property, Site, or Project, including but not limited to transient occupancy taxes (TOT). Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995 et seq. 3.5 Dedications and Improvements; Improvement Security. In connection with the recordation of any final subdivision map for the Project, Developer shall, through the execution of a subdivision improvement agreement with the City, provide to the 15 33 City, in a form reasonably acceptable to the City Attorney, improvement security as provided in the La Quinta Municipal Code (and any and all applicable ordinances, resolutions, and policies relating thereto) to secure the faithful performance of Developer's obligations under this Agreement to construct the on-site and off-site improvements identified on that map. The terms, amounts and provisions for release of the improvement security shall be as set forth in the La Quinta Municipal Code (and any and all applicable ordinances, resolutions, and policies relating thereto). 3.6 Indemnification. Developer shall protect, defend, indemnify and hold harmless City and City's officers, officials, members, employees, volunteers, agents, and representatives (any of the foregoing shall be known individually as "Indemnitee" and collectively as "Indemnitees"), and each of them, jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including reasonable attorneys' fees and expert witness fees, arising out of or directly relating to construction and development -related activities on the Property, Site, and Project, by Developer, and including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought or instituted ("Claims"), excluding those claims proven by a court of competent jurisdiction to be resulting from the gross negligence or willful misconduct of City. In the event of any action, litigation, or other adversarial proceeding in any way involving the Claims specified in this section, City agrees, at no cost to City, to cooperate with Developer. Developer shall have the obligation to provide the defense of City in the action, litigation, or other adversarial proceeding, either by providing for legal counsel or, at City's option, timely paying the legal costs incurred by City in the defense of litigation, even though negligence or gross negligence of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf has not been established at the time that the defense is provided. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnitee or Indemnitees. In the event of any court action or proceeding challenging the validity of this Agreement or the Project Approvals (including related CEQA analysis), Developer shall indemnify, hold harmless, pay all costs and provide defense for City in said action or proceeding with counsel chosen by Developer and reasonably approved by City. City shall, at no cost to City, cooperate with Developer in any such defense as Developer may reasonably request. In the event Developer fails or refuses to provide such defense of any challenge to this Agreement or the Project Approvals, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title. 3.7 Recording of Agreement. This Agreement shall be valid and binding as of the Effective Date; provided, however, that the terms and conditions set forth in this Agreement affecting the vested rights and ability to 16 34 develop and use the Property, Site, and Project as set forth herein, shall be contingent upon this Agreement being recorded in the Recorder's Office. 4. CITY'S OBLIGATIONS 4.1 Scope of Subsequent Review/Confirmation of ComQliance Process. Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the Uniform Codes, the La Quinta Municipal Code, and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Compliance Certificate"), in substantially the same form as that attached hereto as Exhibit C. The Compliance Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Compliance Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by City with respect to the Project, constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project Approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms and provisions. It is understood by the Parties that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the Term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. City shall review this Developer's compliance with the terms of Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with City's procedures and standards for such review. During such periodic review by City, Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Ordinance shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, City, through the Development Director, shall, at Developer's written request pursuant to Section 8.12 of this Agreement, issue an estoppel certificate to Developer stating that (1) this Agreement remains in full force and effect, 17 35 (2) Developer is in compliance with this Agreement, and (3) any other qualifying information as may be consistent with such an estoppel certificate pursuant to Section 8.12 of this Agreement. SHORT-TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES. Subject to the terms of this Agreement and this Article 5, any owner of a separate legal residential lot on the Property within the Site and Project, and on which that separate legal residential lot has a residential dwelling, shall have a vested right to use the residential dwelling on that separate legal residential lot as a short-term vacation rental for the Term of this Agreement. All short-term vacation rentals shall be subject to the following: 5.1 Definition. As used in this Agreement, the term "short-term vacation rental" shall mean and refer to a "short-term vacation rental unit" as that term is defined in Section 3.25.030 of the La Quinta Municipal Code (or successor provision). 5.2 Short -Term Vacation Rental Use. Except as modified by this Article 5, all short-term vacation rentals shall comply with the Short -Term Vacation Rental Regulations for the duration of the Term of this Agreement, including but not limited to the penalties for violations. All short-term vacation rentals developed on the Property and within the Site and Project shall be permitted in accordance with the Short -Term Vacation Rental Regulations. No residential dwelling developed on the Property and within the Site and Project may be used for short-term vacation rental purposes unless the residential dwelling has a valid short-term vacation rental permit. If the Short -Term Vacation Rental Regulations (or any provisions therein) are repealed for any reason (including any of the reasons specified in Section 2.2.2(A) of this Agreement), then the Short -Term Vacation Rental Regulations (or applicable repealed provisions therein) that were most recently in effect prior to being repealed shall govern and shall remain applicable for the balance of the Term of this Agreement. For reference purposes only, Chapter 3.25 of the La Quinta Municipal Code as it exists as of the Effective Date is attached as Exhibit E. 5.3 Subject to Section 2.2.1 of this Agreement, short-term vacation rental uses are subject to all provisions of the La Quinta Municipal Code, including without limitation the City's noise compliance provisions set forth in Sections 9.100.210 and l 1.08.040 (or successor provisions) of the La Quinta Municipal Code, and the transient occupancy tax (TOT) provisions set forth in Chapter 3.24 (or successor chapter of provisions) of the La Quinta Municipal Code 5.4 Property Man ement. All residential dwellings on separate legal residential lots, developed on the Property within the Site and Project, that are permitted to be used and operated for short-term vacation rental purposes, shall be managed under one central property manager/management company (the "Property Manager"). Developer shall have the obligation to serve as the Property Manager or to contract for the services of the Property Manager, subject to the prior written approval by the City of any proposed Property Manager other than Developer. There shall be only one (1) Property Manager as the exclusive manager for any and all short-term vacation rentals developed on the Property within the Site and Project, with said Property Manager having a fiduciary duty 18 36 on behalf of all owners of separate legal residential lots with residential dwellings to professionally manage and operate said residential dwellings as short-term vacation rentals in full compliance with the Short -Term Vacation Rental Regulations. Additionally, Developer shall have a process available to owners of separate legal residential lots, with a permitted short-term vacation rental, to appeal for a different property manager in the event that the Property Manager has failed, based on substantial evidence, to properly manage and operate the short-term vacation rental in accordance with the Short -Term Vacation Rental Regulations to the detriment of the owner of that separate legal residential lot. The "detriment of the owner of that separate legal residential lot" shall mean that the owner has been cited by the City to be in violation of the Short -Term Vacation Rental Regulations and subject to a penalty and/or administrative citation based upon the failure of the Property Manager to comply with the Short -Term Vacation Rental Regulations. Any proposed substitute property manager for any owner of a separate legal residential lot with a residential dwelling shall be subject to the City's prior written consent. The City shall have the right to review and approve any contract and amendment thereto for any proposed Property Manager that is not Developer. The Property Manager for purposes of short-term vacation rentals, as set forth in this Agreement, may, but does not have to be, the same person or entity that oversees the management and operations of the common areas of the Project pursuant to the CC&Rs and other requirements, as applicable, to a "planned development" under the Davis -Stirling Act. 5.5 Covenants Conditions and Restrictions. Developer shall execute and record or cause to be recorded in the Recorder's Office, against the Property and each separate legal residential parcel subdivided pursuant to Tentative Map 36744 and any Future Tract Maps, a declaration of covenants, conditions, and restrictions (in a form approved by the City Manager and City Attorney prior to its recording), which shall run with the land, and shall be binding upon, and place on notice, any and all owners of the separate legal residential lots of the requirements set forth in this Article 5. The declaration of covenants, conditions, and restrictions shall expressly provide that short-term vacation rentals are an allowed use for every residential dwelling within the Site and Project (i.e., within the homeowner's association subject to the declaration). The requirements of this Section 5.5 may be satisfied by including the terms and conditions required herein in the CC&Rs required to be recorded pursuant to Section 3.1 of this Agreement. 6. DEFAULT, REMEDIES; DISPUTE RESOLUTION. 6.1 Notice of Default. In the event of failure by either Party substantially to perform any material term or provision of this Agreement, the non -defaulting Party shall have those rights and remedies provided herein, provided that such non -defaulting Party has first provided to the defaulting Party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 19 37 6.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than thirty (30) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, such Party shall commence to cure, correct, or remedy such default within such thirty (30) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. 6.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement; provided, however, that in no event shall City be entitled to consequential, punitive or exemplary damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 6.3, in the event of a material uncured default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. Notwithstanding anything to the contrary herein, the City agrees that it shall not institute a legal action, terminate, or modify this Agreement under this Section 6.3 to the extent any holder of a mortgage or deed of trust has an unexpired right, pursuant to Section 7.4, to cure or remedy or to commence a cure or remedy of any uncured Developer default. 6.4 Devela er's Excusive Remedies. The Parties acknowledge and agree that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Project Approvals (including any CEQA analysis therefor), the Applicable Rules, any anticipated development and use of the Property on the Site for the Project (including but not limited to the ability to develop and use the Property and separate legal residential parcels for residential purposes and/or short-term vacation rentals), or any future amendments or enactments thereto. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City for damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Project Approvals, the Applicable Rules, any anticipated development and use of the Property on the Site for the Project (including but not limited to the ability to develop and use the Property and separate legal 20 38 residential parcels for residential purposes and/or short-term vacation rentals), or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of the Property and/or any separate legal parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 7. MORTGAGEE PROTECTION. CERTAIN RIGHTS OF CURE 7.1 Encumbrances on the Proiect Site. This Agreement shall not prevent or limit Developer from encumbering the Property or Site, or any portion thereof or any improvements thereon, with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Property or Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 7.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property or Site, or any portion thereof or any improvements thereon, by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 7.3 Mortgagee Not Obligated; Req uest for Notice of Default on Mortgage. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that (i) the Mortgagee shall have no right to develop or operate the Property, Site, or Project, or any portion thereof, without the written consent of the City, and (ii) to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof by Mortgagee shall continue to be a condition precedent to the City's performance hereunder. Any Mortgagee that intends to take possession or intends to acquire title to the Property, or any purchaser that intends to take possession or intends to acquire the Property at a foreclosure sale or as a recipient of a deed -in - lieu of foreclosure resulting from a Mortgage held by a Mortgagee, shall have the right, at such party's election, to develop and operate the Property pursuant to this Agreement, provided that such Mortgagee, purchaser or recipient shall (i) no later than ninety (90) days prior to the anticipated date for taking possession of or acquiring title to the Property (either through foreclosure sale or deed -in -lieu of foreclosure) deliver written notice to the City that such Mortgagee, purchaser or recipient intends to take possession of or acquire title to the Property, 21 39 and such written notice includes contact information for notices to be delivered pursuant to this Agreement, (ii) such Mortgagee, purchaser, or recipient assumes in writing the obligations of Developer under this Agreement with respect to the Property arising from and after the date of possession or acquisition of title, as applicable, pursuant to an Assignment and Assumption Agreement, and (iii) such Mortgagee, purchaser, or recipient, as applicable, received written consent of the City to develop or operate the Property, Site, or Project, or any portion thereof. Furthermore, if any Mortgagee that takes possession of or acquires title to the Property does not elect in writing to assume the obligations of Developer under this Agreement, such Mortgagee shall have no rights under this Agreement. Developer may assign its rights, obligations, and duties under this Agreement to a Mortgagee pursuant to Section 1.8 of this Agreement. In the event any Mortgagee delivers to Developer (or authorized transferee) a notice of default under any Mortgage recorded against the Property, Site, or Project (or any portion thereof), Developer shall deliver to City, no later than three (3) business days after receipt by Developer, a copy of said notice of default from the Mortgagee. Failure by Developer to cure, pursuant to any Mortgage from which the notice of default from Mortgagee had been issued, may be deemed by City to be a default by Developer under this Agreement; provided, however, that such default by Developer for failure to perform under any Mortgage shall not defeat any rights and remedies that said Mortgagee may have under the Mortgage or as set forth in this Agreement. Additionally, City shall have the right to execute and record a Request for Notice of Default substantially in the form and as authorized pursuant to California Civil Code Section 2924b (or successor provision) ("Request for Notice of Default"), and Developer shall have the obligation to deliver to City written notice of any Mortgagee with a Mortgage recorded against the Property, Site, or Project (or any portion thereof) within three (3) business days of recording of said Mortgage. Developer shall have the obligation to cooperate with City to facilitate the execution, notarizing, and recording of any Request for Notice of Default pursuant to this paragraph. 7.4 Notice of Default to Mortgagee, Right of Mortgagee to Cure. With respect to any mortgage or deed of trust granted by Developer, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Project or any component of the Project, Developer shall at the same time deliver a copy of such notice or demand to each holder of record of any Mortgage and any Mortgagee which has previously requested such notice in writing. Each such holder shall (insofar as the rights granted by City are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the Mortgage debt and the lien of its Mortgage. It is understood that a holder of the Mortgage shall be deemed to have satisfied the sixty (60) daytime limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Property, Site, or Project (or portion thereof) if and to the extent any such holder has within such sixty (60) day period commenced proceedings to obtain title and/or possession and 22 40 thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default in accordance with this Agreement. The City agrees that each holder of a Mortgage encumbering the Property, Site, or Property, that has rights under this Section 7.4, shall be entitled to exercise such rights without the requirement of obtaining the written consent of the City except as otherwise required by this Agreement. Furthermore, if requested in writing by any Mortgagee holding a Mortgage encumbering the Property as permitted by this Agreement, whenever the City delivers a written notice of default to the Developer under this Agreement, the City shall deliver a copy of such notice to each holder of record of any Mortgage encumbering the Property that has previously requested such notice in writing no later than three (3) business days after said notice is delivered to Developer. 8. MISCELLANEOUS 8.1 Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either Party may desire to give to the other Party under this Agreement must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same-day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice. To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director With a copy to: Rutan & Tucker, LLP 18575 Jamboree Road, 9th Floor Irvine, California 92612 Attn: William H. Ihrke To Developer: Griffin Ranch Investors, LP 23 Corporate Plaza #150 Newport Beach, CA 92660 Attention: Mark Majer E -Mail: mm@mdminvestment.com With copies to: Jackson Tidus 2030 Main Street, 12th Floor Irvine, CA 92612 Attn: Sonia A. Lister, Esq. Any written notice, demand or communication shall be deemed received immediately if personally 23 41 delivered or delivered by delivery service and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Majeure_. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a "Force Majeure"): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority imposed or mandated by other governmental entities; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Party; or acts or failures to act of any public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City), or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties, any subsequent owner of all or any portion of the Property, Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property, Project or the Site. 8.4 Independent Entity. The Parties acknowledge that, in entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the Parties, and no other person shall be 24 I -K deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third-party beneficiary under this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of City, and the burdens and benefits hereof shall bind and inure to the benefit of each of the Parties hereto and all successors in interest to the Parties hereto for the term of this Agreement. 8.7 Non-liabili of Ci1y Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq. ). 8.9 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.10 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties. 25 43 8.11 C000eration in Carrvina Out Ap-reemcnt. Each Party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder. 8.12 Estoppel Certificate. Either Party may, at any time, deliver written notice to any other Party requesting such Party to certify in writing that, to the best knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A Party receiving a written request hereunder shall execute and return such requested certificate within twenty (20) days following receipt of such request. The form of the requested estoppel certificate shall be reasonably approved by the receiving party. The City Manager is authorized to sign and deliver an estoppel certificate on behalf of City. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.13 Construction. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.14 Recordation. This Agreement shall be recorded with the Recorder's Office at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.15 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.16 Time. Time is of the essence in the performance of this Agreement and of each and every term 26 44 and condition hereof as to which time is an element. 8.17 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement (except Exhibit E) are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto (except Exhibit E), constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.18 Exhibits. Exhibits "A" — `B" to which reference is made in this Agreement are deemed (except Exhibit E) incorporated herein in their entirety, whether or not such exhibits are attached hereto in full. Said exhibits are identified as follows: A Legal Description of the Property and the Site B SiteMap C. Compliance Certificate D. Performance Schedule E. Chapter 3.25 of LQMC (for reference purposes only) 8.19 Counterpart Signature Paees. For convenience the Parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.20 Authoritv to Execute: Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, and (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its covenants and obligations set forth in this Agreement. City warrants and represents that the person or persons executing this Agreement on its behalf have been duly authorized to execute this Agreement and bind the City to all covenants and obligations set forth in this Agreement. 27 45 8.21 Citv Annrovals and Actions. Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City, or for any amendment, interpretation, or implementing documents required under this Agreement, the City Manager or his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise in this Agreement or the law otherwise requires. 8.22 Governing Law: Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by either Party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the Parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the Parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing Party in such litigation shall be awarded, in addition to such relief to which such Party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. [signatures on next page] 28 46 IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date. ATTEST: Monika Radeva City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP William H. Ihrke City Attorney "DEVELOPER" GRIFFIN RANCH INVESTORS, LP, a Delaware limited partnership By: Griffin Ranch Investors GP, LLC, a Delaware limited liability company Mark Majerovic, Manager "CITY" CITY OF LA QUINTA, a California municipal corporation By: Name: JonMcMillen Title: City Manager 29 47 EXHIBIT "A" LEGAL DESCRIPTION OF Si'I'E [TO BE CONFIRMED AND CORRECTED IF NEEDED] EXHIBIT A 48 [TO BE CONFIRMED AS CORRECT LEGAL DESCRIPTION] THE LAND REFERRED TO HEREIN BELOW 1S SITUATED IN THE CITY OF LA QUINTA IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO, 36745, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 240, PAGES 31 THROUGH 33, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY_ EXCEPTING THEREFROM 490/9 OF ALL OIL, GAS AND MINERAL RIGHTS AS RESERVED BY GOLDEN STATE VENTURES INC_, A DELAWARE CORPORATION, IN DEED RECORDED DECEMBER 28, 1973 AS INSTRUMENT NO, 167198 OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM 49% OF ALL OIL, GAS AND MINERAL RIGHTS AS RESERVED BY J. ANTHONY MORAN AND VIRGINIA MORAN IN DEED RECORDED DECEMBER 18, 1975 AS INSTRUMENT NO. 157642 OFFICIAL RECORDS. APN: 780-130-001 [TO BE CONFIRMED AS CORRECT LEGAL DESCRIPTION] -I- 49 EXHIBIT `B" SITE MAP [attached] EXHIBIT B EXHIBIT B 51 EXHIBIT "C" COMPLIANCE CERTIFICATE (GRIFFIN RANCH INVESTORS, LP DEVELOPMENT AGREEMENT) The undersigned, GRIFFIN RANCH INVESTORS, LP, a Delaware limited partnership ("Developer"), pursuant to that certain Development Agreement dated , 2023, (the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation and charter city (the "City") by its signature below hereby certifies to the City, for the City's reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. 4. [CITY MAY INSERT ANY ADDITIONAL CONDITIONS UNDER THE DEVELOPMENT AGREEMENT TO BE SATISFIED PRIOR TO ISSUING BUILDING PERMIT]. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of _ , under penalty of perjury under the laws of California. GRIFFIN RANCH INVESTORS, LP, a Delaware limited partnership By: Griffin Ranch Investors GP, LLC, a Delaware limited liability company LIZ Mark Majerovic, Manager EXHIBIT C -I- 52 EXHIBIT "D" PERFORMANCE SCHEDULE ESTATES AT GRIFFIN LAKE DEVELOPMENT AGREEMENT - EXHIBIT D AS OF JANUARY 3, 2024 PERMITTING: Grading & Engineering Permits Building Permits CONSTRUCTION OF PROJECT COMPONENTS: Construction of Off-site improvements Construct on site improvements (Site Development) Place Monuments Begin House Construction Completion of House Construction Obtain C of O START COMPLETION DURATION [MONTHS] Month 1 Month 6 6 Month 7 Month 7 1 Month 7 Month 16 9 Month 7 Month 27 20 Month 28 Month 28 1 Month 24 Month 44 20 Month 34 Month 54 20 Month 35 Month 55 20 Note: All dates subject to change based final improvement plan creation and approval EXHIBIT D -1- 53 EXHIBIT "E" CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE AS OF EFFECTIVE DATE (for reference only) [attached] 54 Title 3 - REVENUE AND FINANCE Chapter 3.25 SHORT-TERM VACATION RENTALS [REPLACE UPDATED ORDINANCE AS OF EFFECTIVE DATE] Chapter 3.25 SHORT-TERM VACATION RENTALS 3.25.010 Title. This chapter shall be referred to as the "Short -Term Vacation Rental Regulations." (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.020 Purpose. A. The purpose of this chapter is to establish regulations for the use of privately owned residential dwellings as short-term vacation rentals that ensure the collection and payment of transient occupancy taxes (TOT) as provided in Chapter 3.24 of this code, and minimize the negative secondary effects of such use on surrounding residential neighborhoods. B. This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term vacation rental purposes as defined in this chapter. C. The requirements of this chapter shall be presumed to apply to any residential dwelling that has received a short-term vacation rental permit. A rebuttable presumption arises that, whenever there is an occupant(s), paying rent or not, of a residential dwelling that has received a short-term vacation rental permit, the requirements of this chapter shall apply, including but not limited to any suspension or other modifications imposed on a short-term vacation rental permit as set forth in this chapter. The city manager or authorized designee shall have the authority to implement any necessary or appropriate policies and procedures to implement the rebuttable presumption set forth in this section. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.030 Definitions. For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section: "Advertise, ""advertisement, ""advertising, ""publish," and "publication" mean any and all means, whether verbal or written, through any media whatsoever whether in use prior to, at the time of, or after the enactment of the ordinance amending this chapter, used for conveying to any member or members of the public the ability or availability to rent a short-term vacation rental unit as defined in this section, or used for conveying to any member or members of the public a notice of an intention to rent a short-term vacation rental unit as defined in this section. For purposes of this definition, the following media are listed as examples, which are not and shall not be construed as exhaustive: verbal or written announcements by proclamation or outcry, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed or poster display, billboard display, e-mail or other electronic/digital messaging platform, electronic commerce/commercial Internet websites, and any and all other electronic media, television, radio, satellite -based, or Internet website. "Applicable laws, rules and regulations" means any laws, rules, regulations and codes (whether local, state or federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term vacation rental. La Quinta, California, Municipal Code (Supp. No. 2, Update 2) Created: 2021-12-15 15:04:50 [EST] Page 1 of 15 55 "Applicant" means the owner of the short-term vacation rental unit. "Authorized agent or representative" means a designated agent or representative who is appointed by the owner and also is responsible for compliance with this chapter with respect to the short-term vacation rental unit. "Booking transaction" means any reservation or payment service provided by a person or entity who facilitates a home -sharing or vacation rental (including short-term vacation rental) transaction between a prospective occupant and an owner or owner's authorized agent or representative. "City manager" means that person acting in the capacity of the city manager of the city of La Quinta or authorized designee. "Declaration of non-use" means the declaration described in Section 3.25.050. "Dwelling" has the same meaning as set forth in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code; "dwelling" does not include any impermanent, transitory, or mobile means of temporary lodging, including but not limited to mobile homes, recreational vehicles (RVs), car trailers, and camping tents. "Estate home" is defined as a single-family detached residence with five (5) or more bedrooms, subject to evaluation criteria and inspection of the property pursuant to Section 3.25.060(D)(1). An estate home is a sub -type of short-term vacation rental unit and shall be subject to a general short-term vacation rental permit, primary residence short-term vacation rental permit, or homeshare short-term vacation rental permit, as applicable, pursuant to this chapter. "General short-term vacation rental permit" is a type of short-term vacation rental permit that is neither a homeshare short-term vacation rental permit nor a primary residence short-term vacation rental permit. "Good neighbor brochure" means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term vacation rental units. "Homeshore short-term vacation rental permit" is a type of short-term vacation rental permit whereby the owner hosts visitors in the owner's dwelling, for compensation, for periods of thirty (30) consecutive calendar days or less, while the owner lives on-site and in the dwelling, throughout the visiting occupant's stay. "Hosting platform" means a person or entity who participates in the home -sharing or vacation rental (including short-term vacation rental) business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation, including but not limited to the Internet. "Local contact person" means the person designated by the owner or the owner's authorized agent or representative who shall be available twenty-four (24) hours per day, seven (7) days per week with the ability to respond to the location within thirty (30) minutes for the purpose of: (1) taking remedial action to resolve any such complaints; and (2) responding to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit. A designated local contact person must obtain a business license otherwise required by Sections 3.24.060 and 3.28.020 (or successor provisions, as may be amended from time to time) of this code. "Notice of permit modification, suspension or revocation" means the notice the city may issue to an applicant, authorized agent or representative, local contact person, occupant, owner, responsible person, or any other person or entity authorized to be issued such notice under this code for a short-term vacation rental unit, upon a determination by the city of a violation of this chapter or other provisions of this code relating to authorized uses of property subject to this chapter. "Occupant" means any person(s) occupying the dwelling at anytime. (Supp. No. 2, Update 2) Created: 2021-12-15 15:04:50 [EST] Page 2 of 15 56 "Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term vacation rental. "Primary residence" means a dwelling where an owner spends the majority of the calendar year on the property used as a short-term vacation rental unit, and the property is identified in the Riverside County assessor's record as the owner's primary residence. "Primary residence short-term vacation rental permit" is a type of short-term vacation rental permit whereby the short-term vacation rental unit is the owner's primary residence, as defined herein in this section. "Property" means a residential legal lot of record on which a short-term vacation rental unit is located. "Rent" has the same meaning as set forth in Section 3.24.020 (or successor provision, as may be amended from time to time) of this code. "Rental agreement" means a written or verbal agreement for use and occupancy of a privately -owned residential dwelling that has been issued a short-term vacation rental permit, including a dwelling that may have a permit which has been or is under suspension. "Responsible person" means the signatory of an agreement for the rental, use and occupancy of a short-term vacation rental unit, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner(s), owner's authorized agent(s) or representative(s), local contact(s), and their guests, who shall be an occupant of that short-term vacation rental unit, who is at least twenty-one (21) years of age, and who is legally responsible for ensuring that all occupants of the short-term vacation rental unit and/or their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. "Short-term vacation rental permit" means a permit that permits the use of a privately owned residential dwelling as a short-term vacation rental unit pursuant to the provisions of this chapter, and which incorporates by consolidation a transient occupancy permit and a business license otherwise required by Sections 3.24.060 and 3.28.020 (or successor provisions, as may be amended from time to time) of this code. A short-term vacation rental permit is one (1) of the following types: (1) general short-term vacation rental permit, (2) primary residence short-term vacation rental permit, or (3) homeshare short-term vacation rental permit, as defined in this section. "Short-term vacation rental unit" means a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple -family attached unit, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings and/or property and/or yard features appurtenant thereto, rented for occupancy and/or occupied for dwelling, lodging, or any transient use, including but not limited to sleeping overnight purposes for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days, by any person(s) with or without a rental agreement. "STVR" may be used by city officials as an abbreviation for "short-term vacation rental." "Suspension" means that short-term vacation rental permit that is suspended pursuant to Section 3.25.090. "Tenant" or "transient," for purposes of this chapter, means any person who seeks to rent or who does rent, or who occupies or seeks to occupy, for thirty (30) consecutive calendar days or less, a short-term vacation rental unit. (Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.040 Authorized agent or representative. A. Except for the completion of an application for a short-term vacation rental permit and business license, the owner may designate an authorized agent or representative to ensure compliance with the requirements of (Supp. No. 2, Update 2) Page 3 of 15 Created: 2021-12-15 15:04:50 [EST] 57 this chapter with respect to the short-term vacation rental unit on his, her or their behalf. Nevertheless, the owner shall not be relieved from any personal responsibility and personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such noncompliance was committed by the owner's authorized agent or representative or the occupants of the owner's short-term vacation rental unit or their guests. B. The owner must be the applicant for and holder of a short-term vacation rental permit and business license and shall not authorize an agent or a representative to apply for or hold a short-term vacation rental permit and business license on the owner's behalf. The owner's signature is required on all short-term vacation rental application forms, and the city may prescribe reasonable requirements to verify that an applicant or purported owner is the owner in fact. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.050 Short-term vacation rental permit—Required. A. The owner is required to obtain a short-term vacation rental permit and a business license from the city before the owner or the owner's authorized agent or representative may rent or advertise a short-term vacation rental unit. No short-term vacation rental use may occur in the city except in compliance with this chapter. No property in the city may be issued a short-term vacation rental permit or used as a short-term vacation rental unit unless the property is a residential dwelling that complies with the requirements of this chapter. B. A short-term vacation rental permit and business license shall be valid for one (1) year and renewed on an annual basis in order to remain valid. 1. A short-term vacation rental permit and business license renewal application shall be submitted no earlier than sixty (60) calendar days but no later than thirty (30) calendar days prior to the permit's expiration date. Failure to renew a short-term vacation rental permit as prescribed in this section may result in the short-term vacation rental permit being terminated. 2. A new owner of a property (or a new person and/or new entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) previously operated as a short-term vacation rental unit by the former owner (or by a former person or entity that owned or controlled the business or organization or other entity of any kind that continues to be the owner of the property) may not renew the previous owner's short-term vacation rental permit and shall apply for a new short-term vacation rental permit, pursuant to this chapter, if the new owner (or new person and/or new entity that owns or controls a business or organization or other entity of any kind that continues to be the owner of a property) wants to contlnue to use the residential dwelling as a short-term vacation rental unit. 3. If an owner or an owner's authorized agent or representative, pursuant to all applicable laws, constructs additional bedrooms to an existing residential dwelling or converts non -bedroom spaces and areas in an existing residential dwelling into additional bedrooms, the owner or owner's authorized agent or representative shall notify the city and update the short-term vacation rental unit's online registration profile upon city approval of the addition or conversion so that the city may confirm that such conversion is consistent with this chapter and the code, including all applicable provisions in Title 8 of the code, and reissue the short-term vacation rental permit so that it accurately identifies the number of approved bedrooms, if the owner wants to continue to use the dwelling as a short-term vacation rental unit. The city may conduct an onsite inspection of the property to verify compliance with this chapter and the code. Code compliance inspections may be billed for full cost recovery at one (1) hour for initial inspection and in thirty (30) -minute increments for each follow-up inspection pursuant to subsection D. For purposes of Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 4 of 15 58 this chapter, "reissue" or "reissuance" of a short-term vacation rental permit means a permit that is reissued by the city, with corrected information, as applicable, to be valid for the balance of the existing one (1) -year permit and license period. C. A short-term vacation rental permit and business license shall be valid only for the number of bedrooms in a residential dwelling equal to the number of bedrooms the city establishes as eligible for listing as a short- term vacation rental unit and shall not exceed the number of bedrooms allowable for the number of occupants as set forth in Section 3.25.070. The allowable number of bedrooms shall meet all applicable requirements under federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as may be amended from time to time) governing "additional bedrooms" and all applicable building and construction codes in Title 8 of this code. A short-term vacation rental permit shall not issue for, or otherwise authorize the use of, additional bedrooms converted from non -bedroom spaces or areas in an existing residential dwelling except upon express city approval for the additional bedrooms in compliance with this code, including Section 9.50.100 (or successor provision, as may be amended from time to time), and upon approval of an application for a new or renewed short-term vacation rental permit as provided in subsection B. D. A short-term vacation rental permit and business license shall not be issued, and may be suspended or permanently revoked, if the property, or any building, structure, or use or land use on the property is in violation of this code. The city may conduct an inspection of the property prior to the issuance or renewal of a short-term vacation rental permit and/or business license. Code compliance inspections may be billed for full cost recovery at one (1) hour for initial inspection and in thirty (30) -minute increments for each follow-up inspection. For purposes of this subsection, a code violation exists if, at the time of the submittal of an application for a new or renewed short-term vacation rental permit or business license, the city has commenced administrative proceedings by issuing written communication and/or official notice to the owner or owner's responsible agent or representative of one (1) or more code violations. For purposes of this chapter, "building," "structure," and "use or land use" have the same meanings as set forth in Section 9.280.030 (or successor provisions, as may be amended from time to time) of this code. E. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if any portion of transient occupancy tax has not been reported and/or remitted to the city for the previous calendar year by the applicable deadline for the reporting and/or remittance of the transient occupancy tax. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if the residential dwelling to be used as a short-term rental unit lacks adequate onsite parking. For purposes of this subsection, "adequate onsite parking" shall be determined by dividing the total number of occupants commensurate with the approved number of bedrooms as provided in the table under Section 3.25.070 by four (4), such that the ratio of the total number of occupants to onsite parking spots does not exceed four to one (4:1). For example, a residential dwelling with five (5) bedrooms may permissibly host a total number often occupants and therefore requires three (3) on-site parking spots. Onsite parking shall be on an approved driveway, garage, and/or carport areas only in accordance with Section 3.25.070(R), and no more than two (2) street parking spots may count towards the number of on-site parking spots necessary to meet the "adequate onsite parking" requirement under this subsection. G. An owner or owner's authorized agent or representative who claims not to be operating a short-term vacation rental unit or who has obtained a valid short-term vacation rental permit and business license pursuant to this chapter, may voluntarily opt -out of the requirements of this chapter, prior to the issuance or expiration of a short-term vacation rental permit and business license that are applicable to the short-term vacation rental unit, only upon the owner, the owner's authorized agent or representative and/or the owner's designated local contact person executing, under penalty of perjury, a declaration of non-use as a short-term vacation rental unit, in a form prescribed by the city (for purposes of this chapter, a "declaration of non-use"). Upon the receipt and filing by the city of a fully executed declaration of non-use, the owner or Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 5 of 15 59 owner's authorized agent representative shall be released from complying with this chapter as long as the property is not used as a short-term vacation rental unit. Use of the property as a short-term vacation unit after the city's receipt and filing of a declaration of non-use, is a violation of this chapter. If, after a declaration of non-use has been received and filed by the city, the owner or owner's authorized agent or representative wants to use that property as a short-term vacation rental unit, the owner shall apply for a new short-term vacation rental permit and business license and fully comply with the requirements of this chapter and the code; provided, however, that if a short-term vacation rental permit is or will be suspended on the date an owner or owner's authorized agent or representative submits to the city a declaration of non- use for the short-term vacation rental unit under suspension, then the owner may apply for a new short- term vacation rental permit and business license only after twelve (12) consecutive months have elapsed from the date of the declaration of non-use, and the owner and owner's authorized agent or representative otherwise shall fully comply with the requirements of this chapter and the code. (Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.055 Non -issuance of new short-term vacation rental permits; periodic council review. A. Commencing May 20, 2021, which is the effective date of the ordinance adding this section, there shall be no processing of, or issuance for, any applications for a new short-term vacation rental permit, required by this chapter to use or operate a short-term vacation rental unit in the city, except applications for a new a short- term vacation rental permit covering a short-term vacation rental unit that meets one (1) or more of the following: 1. A residential dwelling within a residential project located in the CT Tourist Commercial District zone, as defined in Section 9.70.070 (or successor section) of this code and depicted in the city's official zoning reap. 2. A residential dwelling within a residential project located in the VC Village Commercial District zone, as defined in Section 9.70.100 (or successor section) of this code and depicted in the city's official zoning map. 3. A residential dwelling within a residential project subject to a development agreement with the city, or subject to a condition of approval(s) attached to any entitlement approved by the city (including but not limited to a specific plan, subdivision map, or site development permit), pursuant to which short-term vacation rentals are a permitted use, and the residential dwelling's use as a short-term vacation rental is authorized under a declaration of covenants, conditions, and restrictions (CC&Rs), for the residential project. 4. A residential dwelling within the area covered by the SilverRock Resort Speclflc Plan. 5. A residential dwelling is located adjacent to the CT Tourist Commercial District zone, as defined in Section 9.70.070 and depicted in the city's official zoning map, and within the following boundaries; west of Avenida Obregon, south of the Avenida Fernando, east of Calle Mazatlan, and north of the driveway access between Calle Mazatlan and Avenida Obregon that serves as a southern boundary for the La Quinta Tennis Villas/Tennis Condos area identified on page 25 of the La Quinta Resort Specific Plan, 121 E—Amendment 5 (as may be subsequently amended from time to time). For purposes of this subsection, "adjacent to" means across the street from or accessible by a driveway or service road designed to provide access to area(s) within the CT Tourist Commercial District zone. B. The city manager or authorized designee shall have the authority to implement policies or procedures to review and verify whether an application for a new short-term vacation rental permit meets the criteria set forth in this section. (Supp. No. 2, Update 2) Created: 2021-12-15 15:04:50 [EST] Page 6 of 15 60 This section shall not apply to applications for a renewal of an existing short-term vacation rental permit and business license, submitted in compliance with this chapter, including when the short-term vacation rental permit is under suspension during the time for processing the renewal application. Applications for renewals must be submitted as prescribed by this chapter. Any short-term vacation rental unit, covered by a permit that is subject to an application for renewal, which is under temporary suspension in violation of this chapter or any other provisions of this code, shall not become permitted to use the dwelling as a short-term vacation rental unit until all violations that led to the temporary suspension have been remedied and the suspension has expired. Any revoked short-term vacation rental permit shall not be eligible for renewal or new short- term vacation rental permit. The city council shall periodically review the impacts or effects, if any, caused by the non -issuance of new short-term vacation rental permits set forth in this section. The city manager or authorized designee shall prepare a report assessing impacts or effects, if any, for the council to review at a regular or special meeting. (Ord. 596 § 2, 2021; Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 591 § 1(Exh. A), 4-20-2021) 3.25.060 Short-term vacation rental permit—Application requirements. A. The owner or the owner's authorized agent or representative must submit the information required on the city's short-term vacation rental permit application form provided by the city, which may include any or all of the following: 1. The name, address, and telephone number of the owner of the subject short-term vacation rental unit; 2. The name, address, and telephone number of the owner's authorized agent or representative, if any; 3. The name, address, and twenty-four (24) -hour telephone number of the local contact person; 4. The address of the proposed short-term vacation rental unit, Internet listing site and listing number; 5. The number of bedrooms shall not exceed the number of bedrooms allowable for the number of occupants as set forth in Section 3.25.070. The allowable number of bedrooms shall meet all applicable building and construction requirements under federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as may be amended from time to time) governing "additional bedrooms" and all applicable building and construction codes in Title 8 of this code; 6. Acknowledgement of receipt of all electronically distributed short-term vacation rental information from the city, including any good neighbor brochure; 7. The owner or owner's authorized agent or representative who has applied for a short-term vacation rental permit shall provide the city with written authorization that issuance of a short-term vacation rental permit pursuant to this chapter is not inconsistent with any recorded or unrecorded restrictive covenant, document, or other policy of a homeowner association (HOA) or other person or entity which has governing authority over the property on which a short-term vacation rental unit will be operated; in furtherance of this requirement, there shall be a rebuttable presumption that an owner or owner's authorized agent or representative does not have written authorization for the issuance of a short-term vacation rental permit if a HOA or other person or entity which has governing authority over the property has submitted to the city a duly -authorized official writing, which informs the city that short-term vacation rentals of thirty (30) consecutive days or less are not permitted on the property applying for a short-term vacation rental permit; and 8. Such other information as the city manager or authorized designee deems reasonably necessary to administer this chapter. (Supp. No. 2, Update 2) Created: 2921-12-15 15:94:50 [EST] Page 7 of 15 61 B. The short-term vacation rental permit application shall be accompanied by an application fee as set by resolution of the city council. A short-term vacation rental permit and business license shall not be issued or renewed while any check or other payment method cannot be processed for insufficient funds. C. The city may determine the maximum number of bedrooms in a residential dwelling with multiple bedrooms eligible for use as a short-term vacation rental unit upon issuance of a short-term vacation rental permit. When determining the maximum number of bedrooms eligible for use as short-term vacation rentals, the city shall consider the public health, safety, and welfare, shall comply with building and residential codes, and may rely on public records relating to planned and approved living space within the residential dwellings, including, but not limited to, title insurance reports, official county records, and tax assessor records. Owners of residential dwellings that exceed five thousand (5,000) square feet of developed space on a lot may apply for additional bedrooms. An owner and/or owner's authorized agent or representative may not advertise availability for occupancy of a short-term vacation rental unit for more than the approved number of bedrooms listed in the short-term vacation rental permit issued by the city pursuant to this chapter. In addition to any other rights and remedies available to the city under this chapter, the first violation for failing to advertise the approved number of bedrooms may be subject to a fine by an administrative citation, and a second or subsequent violation for failing to advertise the approved number of bedrooms may result in a revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100. D. Short-term vacation rental permit applications shall comply with the following: 1. A short-term vacation rental permit application for the estate home shall be subject to evaluation and inspection of the property to ensure that the short-term vacation rental unit will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties in the vicinity. Evaluation and inspection shall include, but not be limited to: verification of the number of bedrooms, adequate on-site parking spaces, availability of nearby street parking, physical distance of the estate home from adjacent properties, such as location and distance of outdoor gathering spaces, pools, and other living spaces from neighboring properties. The city manager, or designee, shall have the authority to impose additional conditions on the use of the estate home as a short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short- term vacation rental unit are avoided or adequately mitigated. 2. A short-term vacation rental permit application may be denied if the applicant has failed to comply with application requirements in this chapter, or has had a prior short-term vacation rental permit for the same unit revoked within the past twelve (12) calendar months. In addition, upon adoption of a resolution pursuant to subsection H, the city may limit the number of short-term vacation rental units in a given geographic area based on a high concentration of short-term vacation rental units. The city shall maintain a waiting list of short-term vacation rental permit applications for such geographic areas where the city determines, based on substantial evidence after a noticed public hearing and public hearing, there is a higher than average concentration of short-term vacation rental units that either affects the public health, safety, and welfare or significantly negatively impacts the character and standard of living in a neighborhood within that geographic area, or both. E. Short-term vacation rental permit applications may take up to, and the city shall have, thirty (30) calendar days to process. An application for a renewal of a short-term vacation rental permit and business license should be submitted at least thirty (30) calendar days prior to the existing permit's expiration to allow sufficient time for the city to process the renewal application. Nothing in this subsection or chapter shall be construed as requiring the city to issue or deny a short-term vacation rental permit in less than thirty (30) calendar days, as no permit shall be issued until such time as application review is complete. No short-term vacation rental use may occur in the city without a valid short-term vacation rental permit is issued in accordance with this chapter. (Supp. No. 2, Update 2) Created: 2021-12-15 15:04:50 [EST] Page 8 of 15 62 Upon a change of ownership of a property (or upon a new person and/or new entity owning or controlling a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) licensed to operate as a short-term vacation rental unit, the owner or owner's authorized agent or representative shall notify the city of such change immediately. The existing short-term vacation rental permit shall be terminated and the property must cease operating as a short-term vacation rental immediately. Failure to comply may result in a fine of one thousand dollars ($1,000.00) per day for a continuing violation of this subsection F. G. Immediately upon a change of an owner's authorized agent or representative, local contact, or any other change pertaining to the information contained in the short-term vacation rental application, the owner or owner's authorized agent or representative shall update the short-term vacation rental unit's online registration profile used by the city for the implementation of the short-term vacation rental regulations. Failure to update immediately this information may result in a violation of this chapter, including but not limited to a suspension or revocation of a short-term vacation rental permit, until all information is updated. H. The city manager or authorized designee shall prepare, for adoption by resolution by the city council, a review procedure and criteria to evaluate the limitation for issuance of STVR permits and/or SNR applications for geographic areas within the city as set forth in subsection D. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.065 Short-term vacation rental permit—Grounds for denial. A. In addition to any other grounds provided in this chapter, an application (including renewal application) for a short-term vacation rental permit may be denied if use of the short-term vacation rental unit has been, will be, or is apt to become any one (1) or more of the following. 1. Prohibited by any local ordinance or by any state or federal law, statute, rule or regulation; 2. A public nuisance; 3. In any way detrimental to the public interest; 4. Prohibited by zoning laws and ordinances. An application (including renewal application) for a short-term vacation rental permit may also be denied on the grounds that the applicant has knowingly made a false statement in a material matter either in his/her/their application or in his/her/their testimony before the city manager or other body hearing such testimony. C. This section is intended to be, and shall be construed as being, in alignment with the grounds for denial of a business license set forth in Section 3.28.080 (or successor section) of this code. (Ord. 591 § 1(Exh. A), 4-20-2021) 3.25.070 Operational requirements and standard conditions. A. The owner and/or owner's authorized agent or representative shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. 1. An estate home may be established for short-term vacation rental use subject to evaluation and inspection of the property pursuant to Section 3.25.060(D)(1). (Supp. No. 2, Update 2) Created: 2021-12-15 15:04:50 [EST] Page 9 of 15 63 2. An estate home established for short-term vacation rental use is required to be equipped with a noise monitoring device(s) that is operable at all times. B. The responsible person(s) shall be an occupant(s) of the short-term vacation rental unit for which he, she or they signed a rental agreement for such rental, use and occupancy, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner, owner's authorized agent or representative, local contact(s) and their guests. No non -permanent improvements to the property, such as tents, trailers, or other mobile units, may be used as short-term vacation rentals. The total number of occupants, including the responsible person(s), allowed to occupy any given short-term vacation rental unit may be within the ranges set forth in the table below. By the issuance of a short-term vacation rental permit, the city or its authorized designees, including police, shall have the right to conduct a count of all persons occupying the short-term vacation rental unit in response to a complaint or any other legal grounds to conduct an inspection resulting from the use of the short-term vacation rental unit, and the failure to allow the city or its authorized designees the ability to conduct such a count may constitute a violation of this chapter. The city council may by resolution further restrict occupancy levels provided those restrictions are within the occupancy ranges set forth below. Number of Bedrooms Total of Overnight* Occupants Total Daytime** Occupants (Including Number of Overnight Occupants) 0—Studio 2 2-8 1 2-4 2-8 2 4-6 4-8 3 6-8 6-12 4 8-10 8-16 5 10-12 10-18 6 12-14 12-20 7 14 14-20 8 16 16-22 9 18 18-24 *Overnight (10:01 p.m. -6:59 a.m.) **Daytime (7:00 a.m.-10:00 p.m.) C. The person(s) listed as the local contact person in the short-term vacation rental unit's online registration profile shall be available twenty-four (24) hours per day, seven (7) days per week, with the ability to respond to the location within thirty (30) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit or their guests. The person(s) listed as a local contact person shall be able to respond personally to the location, or to contact the owner or the owner's authorized agent or representative to respond personally to the location, within thirty (30) minutes of notification or attempted notification by the city or its authorized short-term vacation rental designated hotline service provider. No provision in this section shall obligate the city or its authorized short-term vacation rental designated hotline service provider to attempt to contact any person or entity other than the person(s) listed as the local contact person. D. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable or unlawful noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit. Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 10 of 15 64 E. Occupants of the short-term vacation rental unit shall comply with the standards and regulations for allowable noise at the property in accordance with Sections 9.100.210 and 11.08.040 (or successor provision, as may be amended from time to time) of this code. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short- term vacation rental unit between the hours of 10:00 p.m. and 7:00 a.m. Pacific Standard Time. Observations of noise related violations shall be made by the city or its authorized designee from any location at which a city official or authorized designee may lawfully be, including but not limited to any public right-of-way, any city -owned public property, and any private property to which the city or its authorized designee has been granted access. F. Prior to occupancy of a short-term vacation rental unit, the owner or the owner's authorized agent or representative shall: 1. Obtain the contact information of the responsible person; 2. Provide copies of all electronically distributed short-term vacation rental information from the city, including any good neighbor brochure to the responsible person and post in a conspicuous location within the short-term vacation rental unit, in a manner that allows for the information to be viewed in its entirety; and require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit. This information shall be maintained by the owner or the owner's authorized agent or representative for a period of three (3) years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of this code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. G. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall, upon notification or attempted notification that the responsible person and/or any occupant and/or guest of the short-term vacation rental unit has created unreasonable or unlawful noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, promptly respond within thirty (30) minutes to immediately halt and prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner, the owner's authorized agent or representative and/or the owner's designated local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term vacation rental unit within thirty (30) minutes, shall be subject to all administrative, legal and equitable remedies available to the city. H. Reserved. I. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days. The owner, the owner's authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 6.04 (Solid Waste Collection and Disposal) (or successor provision, as may be amended from time to time) of this code. J. Signs may be posted on the premises to advertise the availability of the short-term vacation rental unit as provided for in Chapter 9.160 (Signs) (or successor provision, as may be amended from time to time) of this code. K. The owner, authorized agent or representative and/or the owner's designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good neighbor brochure in a conspicuous place within the short-term vacation rental unit, and a copy of the good neighbor brochure shall be provided to each occupant of the subject short-term vacation rental unit. Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 11 of 15 65 L. Unless otherwise provided in this chapter, the owner and/or the owner's authorized agent or representative shall comply with all provisions of Chapter 3.24 concerning transient occupancy taxes, including, but not limited to, submission of a monthly return in accordance with Section 3.24.080 (or successor provisions, as may be amended from time to time) of this code, which shall be filed monthly even if the short-term vacation rental unit was not rented during each such month. M. Guesthouses, detached from the primary residential dwelling on the property, or the primary residential dwelling on the property, may be rented pursuant to this chapter as long as the guesthouse and the primary residential dwelling are rented to one (1) party. N. The owner and/or the owner's authorized agent or representative shall post the number of authorized bedrooms and the current short-term vacation rental permit number at the beginning or top of any advertisement that promotes the availability or existence of a short-term vacation rental unit. In the instance of audio -only advertising of the same, the short-term vacation rental permit number shall be read as part of the advertisement. 0. The owner and/or owner's authorized agent or representative shall operate a short-term vacation rental unit in compliance with any other permits or licenses that apply to the property, including, but not limited to, any permit or license needed to operate a special event pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time) of this code. The city may limit the number of special event permits issued per year on residential dwellings pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time). P. The city manager, or designee, shall have the authority to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated, including, but not limited to, a mitigating condition that would require the installation of a noise monitoring device to keep time -stamped noise level data from the property that will be made available to the city upon city's reasonable request. Q. The standard conditions set forth herein may be modified by the city manager, or designee, upon request of the owner or the owner's authorized agent or representative based on site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term vacation rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. R. On-site parking shall be on an approved driveway, garage, and/or carport areas only; this section does not impose restrictions on public street parking regulations. Recreational vehicles may be parked in accordance with the provisions set torth in Section 9.60.130 (or successor provision, as may be amended from time to time) of this code. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.080 Recordkeeping and hosting platform duties. A. The owner or the owner's authorized agent or representative shall maintain for a period of three (3) years, records in such form as the tax administrator (as defined in Chapter 3.24) may require to determine the amount of transient occupancy tax owed to the city. The tax administrator shall have the right to inspect such records at all reasonable times, which may be subject to the subpoena by the tax administrator (Supp. No. 2, Update 2) Created: 2021-12-15 15:04:50 [EST] Page 12 of 15 66 pursuant to Section 3.24.140 (Records) (Transient Occupancy Tax) (or successor provisions, as may be amended from time to time) of this code. B. Hosting platforms shall not complete any booking transaction for any residential dwelling or other property purporting to be a short-term vacation rental unit in the city unless the dwelling or property has a current and valid short-term vacation rental permit issued pursuant to this chapter, which is not under suspension, for the dates and times proposed as part of the booking transaction. The city shall maintain an online registry of active and suspended short-term vacation rental permits, which hosting platforms may reference and rely upon for purposes of complying with subsection B. If a residential dwelling or other property purporting to be a short-term vacation rental unit matches with an address, permit number, and/or current and valid permit dates (not under suspension) set forth in the city's online registry, the hosting platforms may presume that the dwelling or other property has a current and valid short-term vacation rental permit. 2. The provisions of this subsection B shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s). (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.090 Violations. A. Additional Conditions. A violation of any provision of this chapter or this code by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, shall authorize the city manager, or designee, to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential additional violations are avoided. B. Permit Modification, Suspension and Revocation. A violation of any provision of this chapter, this code, California Vehicle Code, or any other applicable federal, state, or local laws or codes, including, but not limited to, applicable fire codes and the building and construction codes as set forth in Title 8 of this code, by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, shall constitute grounds for modification, suspension and/or revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100. C. Notice of Violation. The city may issue a notice of violation to any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or representative, or hosting platform, pursuant to Section 1.01.300 (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. D. Two (2) Strikes Policy. Subject to a minor violation reprieve request, two (2) violations of any provision of this chapter or this code within one (1) year by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, with respect to any one (1) residential dwelling shall result in an immediate suspension of the short-term vacation rental permit with subsequent ability to have a hearing before the city, pursuant to this chapter, to request a lifting of the suspension. For purposes of this subsection, a "minor violation reprieve request" means a written request submitted to the city's code enforcement officer for relief from counting one (1) or more violations within the one (1) year period as a minor violation, and "minor violation" means a violation of a particular section of this code that resulted in minimal impact on the use and enjoyment of the adjacent and nearby properties caused by any of the following: Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2) Page 13 of 15 67 1. Minor debris or trash containers left in view as a first offense; 2. A short-term vacation rental permit number or bedroom count not posted on an advertisement as a first offense; 3. A short-term vacation rental permit number or bedroom count posted in the wrong location on an advertisement as a first offense; or 4. Over occupancy due to a minor child not associated with a disturbance. A determination of whether a code violation is a minor violation shall be based on substantial evidence presented to the code enforcement officer relating to that violation. E. Administrative and Misdemeanor Citations. The city may issue an administrative citation to any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or representative, or hosting platform, pursuant to Chapter 1.09 (Administrative Citations) (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. An administrative citation may impose a fine for one (1) or more violations of this chapter in the maximum amount allowed by state law or this code in which the latter amount shall be as follows: 1. General STVR Violations (Occupancy/Noise/Parking). a. First violation: one thousand dollars ($1,000.00); b. Second violation: two thousand dollars ($2,000.00); c. Third violation: three thousand dollars ($3,000.00). 2. Operating a SNR Without a Valid Short -Term Vacation Rental Permit. a. First violation: three thousand dollars ($3,000.00); b. Second or more violations: five thousand dollars ($5,000.00); c. In addition to the fine set forth above, the first violation of operating a SNR without a valid short- term vacation rental permit shall be cause for an owner (or person and/or, entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) to be prohibited for all time from being eligible to be issued a short- term vacation rental permit and/or business license for use of a property as a short-term vacation rental unit. 3. Hosting a Special Event at a SNR Without a Special Event Permit as Required by Section 9.60.170 (or Successor Provision, as May Be Amended From Time to Time) of This Code. a. First violation: five thousand dollars ($5,000.00); b. Second violation: five thousand dollars ($500.00). Public Nuisance. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person or entity to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Section 1.01.250 (Violations public nuisances) (or successor provisions, as may be amended from time to time) of this code. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 578 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) (Supp. No. 2, Update 2) Created: 2021-12-15 15:04:50 [EST] Page 14 of 15 68 3.25.100 Appeals. A. Any person aggrieved by any decision of a city officer made pursuant to this chapter may request a hearing before the city manager in accordance with Chapter 2.08 (or successor provisions, as may be amended from time to time) of this code. B. Notwithstanding any provisions in Section 2.08.230 or otherwise in the code, the decision by the city manager of an appeal brought under this chapter shall be the final decision by the city for any violation of a short-term vacation rental permit issued under this order, except for any administrative citation imposing a fine, which shall be processed and subject to an administrative appeal pursuant to Chapter 1.09 of the code. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017) (Supp. No. 2, Update 2) Created: 2021-12-15 15:04:50 [EST] Page 15 of 15 69 70 IHE AYE ALL -- s AWE r/ �w lk*f �.&WYIFFAGV � rte- I� Mkx sl Ir MAD*O�,CLUS JUO i f To V39F IP ATTACHMENT 2 PROJECT INFORMATION CASE NUMBERS: DEVELOPMENT AGREEMENT 2022-0001 APPLICANT: GRIFFIN RANCH INVESTMENTS REQUEST: CONSIDER A REQUEST FOR A DEVELOPMENT AGREEMENT FOR THE ESTATES AT GRIFFIN LAKE TO ALLOW FOR SHORT TERM VACATION RENTALS. LOCATION: SOUTH OF AVENUE 54, EAST OF MADISON STREET AND WEST OF MONROE STREET CEQA: THE LA QUINTA DESIGN AND DEVELOPMENT DEPARTMENT HAS REVIEWED THE PROPOSED PROJECT, HAS DETERMINED THAT IT WOULD BE CONSISTENT WITH THE PREVIOUSLY APPROVED ENVIRONMENTAL ASSESSMENT 2014-1001. GENERAL PLAN DESIGNATION: VERY LOW DENSITY RESIDENTIAL/EQUESTRIAN OVERLAY ZONING DESIGNATION: VERY LOW DENSITY RESIDENTIAL/EQUESTRIAN OVERLAY SPECIFIC PLAN ESTATES AT GRIFFIN LAKE SPECIFIC PLAN SURROUNDING ZONING/LAND USES: NORTH: LOW DENSITY RESIDENTIAL/EQUESTRIAN OVERLAY, MADISON CLUB SOUTH: LOW DENSITY RESIDENTIAL/EQUESTRIAN OVERLAY, GRIFFIN RANCH EAST: LOW DENSITY RESIDENTIAL/EQUESTRIAN OVERLAY, GRIFFIN RANCH WEST: LOW DENSITY RESIDENTIAL/EQUESTRIAN OVERLAY, GRIFFIN RANCH 72 ATTACHMENT 3 From: Mark Maie To: Cheri Flores Cc: Danny Castro; Jon McMillen Subject: Development Agreement 2022-0001 Date: Friday, January 5, 2024 1:43:53 PM EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Cheri, As follow up to our call today, please consider this email as formal notice that I would like to request a continuance for the Planning Commission hearing on 1/9/24 regarding the above application to a date certain. Reason being that I would like to perform additional neighborhood outreach in order to address various concerns that have recently been shared by Griffin Ranch residents. Please be kind enough to confirm receipt of this request and let me know if you need anything else. Thank you. Mark Majer MDM Enterprises Inc. 23 Corporate PLZ # 150 Newport Beach, CA 92660 T:949-629-2582 C: 949-300-9579 E: mmf@mdminvestment.com 73 -________________________ _ -- _ _ -- ; ___ _------------------------------------------------------= " - . , ;�,,,,,. - 77677��0�77 - - -L' -- ----- ,a� --------'' `"""�- '- --= cow -G ''"=' ------------------------------------------- Y=-- ---- r r - ------------- Op LG°Q�1D USE a �Ommas GOLF COURSE Ex. R/W---Tx====_-- �----_______�--------------------_-_=__=_ --- _--- - -- - - - -- i EX_C&G __- - AVENUE 54 3 .4 a � _- --- _- G - �) �_ 1 ,jEE NOTE NO. 1 IN DA�p TABLE ON_THIS SHEET PERTAINING TO LOT 79� EX. STRIPED - -- SEE ------____-- t. �X B6t1NDA�1'�AND Ctt' - r T N 89°46'51.76" E 1317.72' MEDIAN ' 77677-�32Oo -00 22 (OO PEE a? °� -- i :..- --*w � �I W •• Wt - T2 -4T2 -0'I _ �- C - -- KK � EX. R/W� W K �� iR- - - 59T f--, ! 16' 2Yl'8TT87 8T 1 8T ^ 8T:91.194' 24' 20' 92' u `u Lu LULU _ AVENUE 52 x4894 m x,88.5 ( 4 I F'KUF'. K/W - \ x 490., -- ----- - - F`!c )a A 10' j 41.1 0 834 mss_ I � D ---- Ct II Ic 4 C�4 58'�Cm582 N 3 � 10,904 SF N ° 10,904 SF 10,904 SF �o I ## 5 6 10,734 SF PROP. B o 10,904 SF "- 15,735 SF - \ 21 10' P.U.E. / v \ X88- - _ - - -87r - -87- - - -. 7T 77677 3�Oo=0�0 AVENUE 54 776773�000� cont. { ._�_ STREET "B" - 41 x0d4v OF F x4892 ,795 O� 101' LQ QUO�]7Q .ip 224,541 SF _ _ •00.7 5.15 AC ---- ��-�06-----SEL- � (SEE NOTE NO. 1 IN DATA TABLE ON THIS SHEET PERTAINING TO LOT 791 N y x487 74 B 11,32a:6- 1 SrSF I I 10,127 SF a} I 11,844 SF I I I II IIII I �I I 130' 130' I II I yI I 1 I r% LOT "B 33,569 SF x6Zx4azaF 0.77 AC 8 73 76 x 109 10,000 SF x497.4 37 SFo0 1 , 0 0,397 SF01 125' 30' 130' 7 776773�Oo 0�g° - CmLQuG�kOC- LQ , x494. OBS.con.x 4888 y g AVENUE 50 2 C07Y1 OF ]HDD H - L w TENTATIVE TRACT MAP NO. 36744 679.3 EXISTING SPOT �Oo LuLuO z ZV) ADDRESS O Q MARK MAJER EXISTING (949)629-2580 �g U�90G�OOQpOG>3Q' ADDRESS OOU�94YI CONTACT: Of;= G,30dC�G3�0� AIRPORT BOULEVARD 21 122 j 23 Lu Lu o' VENUE 58 72 0 77 0 odd 10,000 SF o) - c0 10,397 SF I" I I- - -- _ 0 10,397 SF - --- - II•=' I x4 DO�&o I 130' 130' 125' RUL- -- 1' 2� "' BOLD ER WAY ° ° 40 w - - ti I yl POOP U.E. - ---- - - �g OR's o I -- DONALI STREET - _ -_ `� I 7 LOT "A" �n�,O�oQ �� 1 rn 1 71 = 78 (M 40' 10 VICINITY MAP 10,000 SF N.T.S. R -I III (a I I 25.991 ACF��o��J�� 12,312 SF 12,913 SF j 125' - - �Q� 1g� n� 6� 76' I I �_ j 11 158' 68 �� 70 10,000 SF 12,748 SF \ � \ 11,572 SF I j ^ II �I'I I `17071=c�3�0000�0 o f oM 7 125' I 39 � 57 N S; �o 78 , 13,799 SF 40 �� 13,967 SF ��5 \ \\) 69 71671 3�000 III 3 I 2 12,273 SF 7 13,776 SF � 1 58 �P' \ \ I I °I•� �' �� 2S 13,703 SF 67 \\ \ I I i 10,0 0SF N .42 11,733 SF FEMA FLOOD ZONE DESIGNATION: ZONE X - AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. ZONE X - AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1 % ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1 % ANNUAL CHANCE FLOOD. CD o �7Hz04 X10° �3��3%]g I �38 40 � 56 R= 40' �� 125 01R; � I o L�9D USE- LOAM DCS ��-I -'_l • :'"z I 15,594 SF / 41 13,747 SF N �8. �� \ /6g" 7- (2P I I I 0 10,165 SF - 13 RECD C lmn/° L MOM(R. LOQ I " % 59 11,920 SF \ - d 10,000 SF I I ABBREVIATIONS DC�9e 1�YI GiCeODC�II�OQL ��GJ I I l� 128' 128' 130' W 13,798 SF l EO Ea7RI)QH 0WERLG°aYl / �� I I I 125' B.O.C. BACK OF CURB 55 H 777 65 I I ,.I 71677-I320-0171 I _ (E) EAST 37 j ^� 42 12,104 SF o j ��0 �. 12,796 SF I (N) NORTH 10,371 SF 12,153 SF B I I 14 0 (S) SOUTH x4 s' MJ I I 60 I 1 F c �� I I ° 0 0 ° W WEST II 130' ` _ 12,165 SF 6 64 l 0,000 S �( ��Q�� O° ��g A.C. ASPHALT CONCRETE I 71671 3�Oo Oo Oo Q I - _ a , 16,595 SF Cep Lz \AHD USE. LOO GM it I I 1T7'- - - TTI- - \ tib /28 �'I I 125' I I I AC ACREAGE (� I STREET "E" o DD C �1�0��7 G3C��ODC��17� aL I APN ASSESSORS PARCEL NUMBER 36 bl - - - - S\ 61 I �Oo�0�6CG4Yl BNDRY BOUNDARY ° C/L CENTERLINE I II a 10,400 SF PO RIS, \ 11,529 SF 72�, I I j5 o RESHDMH7] QL % 71M I I j 111 - - 8� - 8Q - - -0- _ 6, O �� I c0 C&G CURB AND GUTTER II 10,000 SF IgUC27G30QG� OMCG3LG°QYI 130' I ( PROP. \ I E/P EDGE EASEMENT PAVEMENT 10' P.U.E. B \* \ 62 I 125' I _ EXMT. EXISTING IP o I 35 l � 43 N 44 N 45 46 N 47 \ 11,387 SF I I I _ MAX. MAXIMUM I I I 0 1 1,838 SF 10,000 SF ^ 10,000 SF 10,000 SF 12,374 SF \ \ \ I I I �d 10,400 SF Ip O �S- �b 9 16 0 I ��O 71�3�0�0��° I M.B. MAP BOOK 10,000 SF a0 Q I MIN. MINIMUM I I o 130' = I I I I I a II NO. NUMBER l ` 94' 80' 80' 80' 48 \ \ 63 125' I N.T.S. NOT TO SCALE w 51 10,200 SF° \ \ 11,946 SF I I 1 O/H OVERHEAD 71671 3�Oo 00 0o g 34 I 7 �L \ I ' OS/PP OPEN SPACE / PARKS / V) u' 10,398 SF y `�6' �s \ p' �f a ' PG. PAGE I II �I I 17 OO'� P/L PROPERTY LINE II 129' 54 0 53 0 52 0 51 0 49 \ / 10,686 SF o PROP. PROPOSED I 11,670 SF 2 10,400 SF fO 10,400 SF `r' c4 14,385 SF � \ � / � I P.U.E. PUBLIC UTILITY EASEMENT 10,400 SF 50 39, I I R RADIUS III I I , I B 11,989 SF � � � � _ -- -- I 33 Ij \ �� / O I 1 R/W RIGHT OFR -L LOW SWAY ITY RESIDENTIAL) 10,354 SF - - --a0-- - - - - - �2� R,3 _ - - s� \ SF SQUARE FEET I 37' 8T _ �6' -, �_ \ 34 0 a _ STREET "G" - \ 18 STD. STANDARD n 12 - - - �° 776773�Oo =O�g TYP. TYPICAL '�� 17,332 SF o \ UG UNDERGROUND 32 PROP. ' 'ITCD �I I 18,264 SF B 10' P.U.E. 77677- 320-006 30 0 29 0 28 0 27 a 26 a 25 24 23 22 00 21 zo 20 19 I II 1 0 31 - 12,612 SF `� 10,381 SF `^' 10,400 SF `--' 10,400 SF M 10,400 SF `^' 10,400 SF r' 10,002 SF N 12,414 SF 15,609 SF 12,201 SF 10,401 SF N 11,392 SF � 17,863 SF u 85' 134' 80' 80' 80' 80' 80' 80' 80' 80' 80' 80' 100' 183' N 89°49'25.80" E 1316.79' 77671 330=0�� (OpC�fiv] �SpQCC;C�) _ iiia, _ x 486.2 ° e x 476.4 C (3p LQGiDD USE. LOAM DD EMZI)7'V REWDC�H7UL IO�]DHO. LOQ \ 4 x4806 DD C�fn`f rV G, ESI1DC�f> 7l ,%L �M 71H EOUIIESTRI1,'H OO WZRLQ� / � 77677�3�000�3 j7 j7 �\ // 716713�Oo Oo 077 � 71671�3�OOOg x4afi- 6 �3�00�0 77677�3�Oo Oo �� 77677�3�Oo Oo �� I-'/�`" �\� 54' (HALF STREET RIGHT-OF-WAY DEDICATION) R/W EX. STRIPED MEDIAN P.U.E. 10, R/W 2' EX. EASTBOUND TRAVEL (2 LANES) SECTION A -A EX. PARKWAY EX. 6' WIDE SIDEWALK CURB & GUTTER (PUBLIC STREET) (RIGHT-OF-WAY DEDICATION ONLY. STREET IMPROVEMENTS EXIST) N.T.S. 40' 36' 2 TRAVEL LANES EX. MASONRY WALL R/W 10, P.U.E. 2' CURB ' SECTION B -B CURB STREETS "B", "C", PORTION OF "D" THRU "H" (PRIVATE STREETS / PARKING BOTH SIDES OF STREET) N.T.S. B.O.C. 58' B.O.C. 12' 12' 10' 12' 12' TRAVEL LANE TRAVEL LANE PROP. RAISED TRAVEL LANE TRAVEL LANE MEDIAN BARRIER BARRIER A.C. PAVEMENT CURB CURB OVER A.B. II II 2% CURB &� GUTTER SECTION C -C STREET "A" AND "D" (PROJECT ENTRIES) (PRIVATE STREET) N.T.S. CURB & GUTTER LEGEND ATTACHMENT 4 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT MAP NO. 36744 679.3 EXISTING SPOT DATA TABLE ELEVATIONS GRIFFIN RANCH INVESTORS, LP ADDRESS EXISTING CONTOURS CONTACT: MARK MAJER EXISTING (949)629-2580 AX EASEMENT DELTA MSA CONSULTING, INC. ADDRESS 34200 BOB HOPE DRIVE RANCHO MIRAGE, CALIFORNIA 92270 CONTACT: c EXISTING CABLE (760) 320-9811 EXISTING IRRIGATION DRN ADDRESS DRAIN LINE - - - - - - - EXISTING EASEMENT - - E EXISTING ELECTRIC - - G EXISTING GAS - -IRR EXISTING IRRIGATION LAND USE DESCRIPTION: ACREAGE: EXISTING LOT LINE - AVENUE 54 PUBLIC STREET DEDICATION (PER TENTATIVE PARCEL MAP NO. 36745): EXISTING EDGE - 38.16 Ac. OF PAVEMENT 21.03 Ac. r EXISTING TELEPHONE PRIVATE OPEN SPACE LOTS: LOT "A" (LAKE), LOT "B" (CLUBHOUSE), AND LOT "C" (SEWER CONNECTION) 6.88 Ac. EXISTING OVERHEAD O/H T TELEPHONE R/W 10,000 S.F. EXISTING RIGHT OF WAY 1 1,743 S.F. s EXISTING SEWER EXISTING ZONING: EXISTING SEWER FM GRIFFIN LAKE ESTATES SPECIFIC PLAN FORCE MAIN - w EXISTING WATER LOW DENSITY RESIDENTIAL (LDR) TENTATIVE TRACT ELECTRIC: IMPERIAL IRRIGATION DISTRICT 760-335-3640 MAP BOUNDARY GAS: THE GAS COMPANY 800-427-2200 PROPOSED AND TELEPHONE: VERIZON COMPANY 800-483-5000 EXISTING CENTER LINE WATER: COACHELLA VALLEY WATER DISTRICT 760-398-2651 PROPOSED CURB - 760-340-1312 PROPOSED EASEMENT SEWER: COACHELLA VALLEY WATER DISTRICT 760-398-2651 PROPOSED LOT LINE USA: UNDERGROUND SERVICE ALERT 800-227-2600 PROPOSED EXISTING EASEMENT NOTES: Z& RIGHT OF WAY ATTACHMENT 4 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT MAP NO. 36744 EXHIBIT DATE: JUNE 20, 2014 DATA TABLE APPLICANT AND LAND OWNER: GRIFFIN RANCH INVESTORS, LP ADDRESS 23 CORPORATE PLAZA SUITE 150 NEWPORT BEACH, CALIFORNIA 92660 CONTACT: MARK MAJER TELEPHONE: 1 (949)629-2580 EXHIBIT PREPARER: MSA CONSULTING, INC. ADDRESS 34200 BOB HOPE DRIVE RANCHO MIRAGE, CALIFORNIA 92270 CONTACT: JULIAN A. DE LA TORRE (PE C43880) TELEPHONE: (760) 320-9811 SOURCE OF TOPOGRAPHY: INLAND AERIAL SURVEYS, INC. ADDRESS 7117 ARLINGTON AVENUE, SUITE "A" RIVERSIDE, CALIFORNIA 92503 DATE OF TOPOGRAPHY: DECEMBER 20, 2013 TELEPHONE: (951) 687-4252 ASSESSOR'S PARCEL NUMBER: 767-320-013 LEGAL DESCRIPTION: ASSESSOR'S PARCEL 767-320-013 BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS PER UNITED STATES GOVERNMENT SURVEY LAND USE DESCRIPTION: ACREAGE: GROSS ACREAGE: 39.79 Ac. AVENUE 54 PUBLIC STREET DEDICATION (PER TENTATIVE PARCEL MAP NO. 36745): 1.63 Ac. NET ACREAGE: 38.16 Ac. RESIDENTIAL LOTS: LOTS 1-78 21.03 Ac. EXISTING RESIDENTIAL LOT: LOT 79 5.15 Ac. PRIVATE OPEN SPACE LOTS: LOT "A" (LAKE), LOT "B" (CLUBHOUSE), AND LOT "C" (SEWER CONNECTION) 6.88 Ac. PRIVATE STREETS: STREETS "A" - "H" 5.10 Ac. RESIDENTIAL LOTS 1 - 78 DATA: MINIMUM LOT SIZE: 10,000 S.F. AVERAGE LOT SIZE: 1 1,743 S.F. MAXIMUM LOT SIZE: 18,264 S.F. EXISTING ZONING: VERY LOW DENSITY RESIDENTIAL (RVL) WITH EQUESTRIAN OVERLAY PROPOSED ZONING: GRIFFIN LAKE ESTATES SPECIFIC PLAN EXISTING GENERAL PLAN LAND USE: LOW DENSITY RESIDENTIAL (LDR) PROPOSED GENERAL PLAN LAND USE: LOW DENSITY RESIDENTIAL (LDR) PUBLIC UTILITY PURVEYORS: ELECTRIC: IMPERIAL IRRIGATION DISTRICT 760-335-3640 GAS: THE GAS COMPANY 800-427-2200 TELEPHONE: VERIZON COMPANY 800-483-5000 WATER: COACHELLA VALLEY WATER DISTRICT 760-398-2651 CABLE: TIME WARNER CABLE 760-340-1312 SEWER: COACHELLA VALLEY WATER DISTRICT 760-398-2651 USA: UNDERGROUND SERVICE ALERT 800-227-2600 EXISTING EASEMENT NOTES: Z& WATER PIPE LINE EASEMENT IN FAVOR OF U.S.A., FOR INCIDENTAL PURPOSES, RECORDED APRIL 11, 1949 IN BOOK 1067, PAGE 26, O.R. 2 BOTH POLE LINES AND CONDUITS IN FAVOR OF IMPERIAL IRRIGATION DISTRICT, FOR UTILITY PURPOSES, RECORDED JUNE 4, 1956 IN BOOK 1921, PAGE 381, O.R. (UNPLOTTABLE) AN EASEMENT FOR PUBLIC HIGHWAY OVER THE NORTH 30 FEET OF SAID LAND CREATED BY MINUTE ORDER OF SUPERVISORS OF RIVERSIDE COUNTY, MADE ON JANUARY 9, 1901, RECORDED APRIL 17, 1959 AS INSTRUMENT NO. 32692, IN BOOK 2454, PAGE 65 O.R. 4 THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED RIGHT OF WAY AGREEMENT, EXECUTED BY AND BETWEEN THE MERV GRIFFIN LIVING TRUST, U/D/T DATED JUNE 20, 1986 (AS AMENDED) AND THE CITY OF LA QUINTA, A MUNICIPAL CORPORATION, RECORDED JANUARY 20, 2005, AS INSTRUMENT NO. 2005-0055025, O.R. NOTE: 1. FINANCING PARCEL MAP NO. 36745 ACCOMPANIES TENTATIVE TRACT MAP NO. 36744. IF THE FINAL PARCEL MAP RECORDS BEFORE THE TRACT MAP, IT WOULD ELIMINATE THE NEED FOR THE FINAL TRACT MAP TO DEDICATE ANY ADDITIONAL RIGHT-OF-WAY ON AVENUE 54 OR TO RECORD LOT 79. o pig` R 0' 100' 200' 300' 400' SCALE 1"=100' 74 ATTACHMENT Fiscal Impact Analysis The Estates at Griffin Lake La Quinta, CA September 28, 2023 Prepared By: 75 Table of Contents Pa&e 1. Introduction................................................................................................................ 1 2. Summary of Fiscal Impact Analysis............................................................................... 1 3. Purpose of Fiscal Impact Analysis.................................................................................. 1 4. FIA Limiting Conditions................................................................................................. 2 5. General Sources of Information and Methodology Used ............................................... 2 6. FIA Recurring Revenues............................................................................................... 2 6.1 Property Tax.............................................................................................................. 2 6.2 Redevelopment Property Tax Trust Fund(RPTTF):................................................. 3 6.3 Offsite Sales Tax....................................................................................................... 3 6.4 Property Tax Transfer................................................................................................ 3 6.5 Transient Occupancy Tax.......................................................................................... 3 6.6 Franchise Fees........................................................................................................... 4 6.7 Property Tax In -Lieu of Vehicle License Fees ("VLF") ........................................... 4 6.8 Other Revenues.......................................................................................................... 4 7. FIA Recurring Costs....................................................................................................... 5 7.1 General Administration............................................................................................. 5 7.2 Police............................................................................................ ...................... 5 7.3 Fire............................................................................................................................. 5 7.4 Community Resources............................................................................................... 5 7.5 Public Works ........................................ -............ ........................................................ 5 7.6 Design & Development....................................................................................._..._... 5 7.7 Fiscal Services........................................................................................................... 6 8. Conclusion...................................................................................................................... 6 9. Development Impact Fees.............................................................................................. 6 10. Fiscal Impact Analysis — Exhibits................................................................................. 7 76 Fiscal Impact Analysis — The Estates at Griffin Ranch September 28, 2023 1. Introduction The Estates at Griffin Lake ("Proposed Project") is located approximately 105 miles from the City of Los Angeles and the Pacific coast and approximately 240 miles from Phoenix/Scottsdale metropolitan region. The Proposed Project is situated in the southeast portion of the Coachella Valley within the corporate limits of the City of La Quinta ("City"), Riverside County. The Proposed Project is accessible from Interstate 10 by way of Jefferson Street with immediate access to Avenue 54 on the north. The Proposed Project consists of a 40 -acre parcel on the south side of Avenue 54 approximately '/4 mile east of Madison Street. The Proposed Project was originally part of a 320 -acre land assembly owned by Mery Griffin. The remaining 280 acres were sold and entitled as the Griffin Ranch Specific Plan that now surrounds the property on three sides. The 40 -acre parcel was Mr. Griffin's personal residence known as Mery Griffin Estate and after Mr. Griffin passed away, the estate was sold, renovated and has been rented for family gatherings, social events, and desert retreats since early 2013. It will continue to be used as a rental property to accommodate private events, functions, and fund- raisers. Alongside the Griffin Estate, the Proposed Project will create an exclusive community of 78 new residential homes, many with lake frontage and all on a minimum 10,000 square foot lots. LAND USE ASSUMPTIONS Plan Home Size SF No. of Units Single Family Home 6 Bedroom 3,900 39 Single Family Home 7 Bedroom 4,500 39 Total No. of Units 78 2. Summary of Fiscal Impact Analysis The result of the Fiscal Impact Analysis ("FIA") at build -out for the Proposed Project are summarized as follows: General Fund Total Recurrin Revenue $ 2,606,834 Total Recurring Expenditure 636,068 Net General Fund Fiscal Surplus $ 1,970,766 3. Purpose of Fiscal Impact Analysis This FIA has been prepared to determine the estimated fiscal impacts of the Proposed Project to the City in connection with the Proposed Project. The purpose of the FIA is to show that the Proposed Project is economically feasible and would generate an annual surplus to the City's General Fund. The Proposed Project will generate revenue for the General Fund primarily through increased Property Taxes, Property Taxes in -Lieu of Vehicle License Fees, Transient Occupancy Tax and Sales Tax, while increasing the need for City services such as police, fire, and public works. The reader should be aware that the FIA contains estimates or projections of Page I 1 77 Fiscal Impact Analysis — The Estates at Griffin Ranch September 28, 2023 the Proposed Project's future revenue and cost impacts on the City, and actual fiscal results may vary. The primary purpose of this FIA is to estimate the Proposed Project's net fiscal impact on the City's General Fund at build -out. 4. FIA Limiting Conditions The FIA is subject to the following limiting conditions: ■ The FIA contains an analysis of recurring revenues and costs to the City from the development of the Proposed Project. The FIA is based on estimates, assumptions and other information developed from DPFG's research, and information from DPFG's proprietary database which were collected through fiscal impact analyses previously prepared by DPFG and others. ■ The sources of information and basis of the estimates are stated herein. While we believe the sources of information are dependable, DPFG does not guarantee the accuracy of such information. ■ The analysis of recurring revenues and cost impacts to the City contained in the FIA is not considered to be a "financial forecast" or a "financial projection" as technically defined by the American Institute of Certified Public Accountants. The word "projection" used within this report relates to broad expectations of future events or market conditions. ■ Since the analyses contained herein are based on estimates and assumptions which are inherently subject to uncertainty and variation depending on evolving events, DPFG cannot represent those results will be achieved. Some unanticipated events and circumstances may occur; therefore, the actual results achieved may vary from the projections. 5. General Sources of Information and Methodology Used The FIA was prepared to estimate the allocable revenue and cost impacts to the City's General Fund ("General Fund") related to the Proposed Project's development. The FIA uses a combination of case study methods and multiplier methods to estimate Proposed Project impacts, When projecting fiscal impacts using a multiplier method, the FIA determines per capita/employee impacts by applying the appropriate per capita, per employee and per capita and employee factors ("Factors") to the Proposed Project land use assumptions. The Factors were calculated using the City of La Quinta 2022-23 Adopted Budget ("Budget"). Factors are projected in 2023 dollars. 6. FIA Recurring Revenues 6.1 Property Tax In addition to other ad valorem charges imposed by various local agencies, landowners in the State of California ("State") are required to pay annual property taxes of 1% on the assessed value of their property pursuant to Proposition 13. Each county in California is divided into tax Page 12 78 Fiscal Impact Analysis — The Estates at Griffin Ranch September 28, 2023 rate areas ("TRA"). After the basic 1% property tax is collected by the County, the tax is allocated to various local agencies based on each agency's share of the basic tax within the property's applicable TRA. The Proposed Project is subject to TRA 020-059. Per the Riverside County Auditor -Controller, TRA 020-059 will receive 6.45% of the base 1% ad -valorem tax. The Proposed Project is a part of the area that annexed to the City as a part of the Thermal Redevelopment Project Area ("RDA"). Under state guidelines, the property tax received from RDA must be used to retire a long-term debt of the former county redevelopment project. Hence, the Proposed Project will not generate any property tax to City's general fund. 6.2 Redevelopment PropertV Tax Trust Fund (RPTTF): The Proposed Project will receive the RPTTF revenue based on a complex County formula. The analysis assumes a marginal increase method to calculate the RPTTF revenue and is estimated to be $23,215 annually as shown in Exhibit A, Table 9. 6.3 Offsite Sales Tax Under the California Sales and Use Tax Law, the sale of tangible personal property is subject to sales or use tax unless exempt or otherwise excluded. When the sales tax applies, the use tax does not apply, and the opposite is also true. The sales tax is imposed on all retailers for the privilege of selling tangible personal property in the State and is measured by the retailer's gross receipts. Currently there is 7.25% statewide sales and use tax base rate that is collected by the State Board of Equalization. The State government receives 6.25% of the 7.25% and local government receives the remaining 1.00% which is transferred to the local government's general fund. The City also approved Measure G in 2016 which was approved by voters and results in an additional 1.00% sales tax to the City. The City will receive sales tax revenue from taxable purchases made within City limits by Proposed Project's visitors. With the assumption that only 80% of the equivalent residents will spend $2,100 weekly and a capture rate of 50% within the City, Proposed Project will generate an estimated $234,745 in off-site retail sales tax, as shown in Exhibit A, Table 8. 6.4 Property Tax Transfer The City receives property transfer tax revenue as new or existing property is sold and ownership is transferred. In accordance with California Revenue and Taxation Code Section 11911, a City may levy a transfer tax at the rate of $0.55 for each $1,000 of assessed value. The FIA assumes that the ownership will not change resulting in no Property Tax Transfer Revenue to the City. 6.5 Transient Occupancy Tax The transient occupancy tax (Hotel, motel, campground, or bed tax) is authorized under State Revenue and Taxation Code Section 7280, as an additional source of non -property tax revenue to Page 13 79 Fiscal Impact Analysis — The Estates at Griffin Ranch September 28, 2023 local government. Per City of La Quinta, the City levies a transient occupancy tax at a rate of 10.00% to hotel or other lodging stays of less than 30 days. Based on information provided for the Proposed Project, the total transient occupancy tax is estimated to be $2,135,250 per year as follows and as shown in Exhibit A, Table 7. Total Residential Units 78 Daily Rent $ 1,500 -Average Total estimated Annual Rent $ 42,705,000 Annual Occupancy rate 50% Total Annual Rental Revenue $ 21,352 500 Transient Occupancy Tax Rate 10% Total Transient Occupancy Tax Revenue $ 2,135,250 6.6 Franchise Fees A Franchise fee is charged for the privilege of using public right-of-way and property within the City for public or private purposes. The City currently assesses Franchise Fees on cable television, utilities, and trash collection contractors. The Franchise Fees have been calculated using the multiplier method. Using a Per Capita & 50% Employee Multiplier, the Proposed Project is anticipated to generate $22,310 annually in Franchise Taxes, as shown in Exhibit A, Table 9. 6.7 Property Tax In -Lieu of Vehicle License Fees ("VLF") In May 2004, Governor Schwarzenegger proposed a swap of city and county VLF revenue for additional property tax share as part of a budget agreement between the State and local governments. The swap was included in the 2004 budget package. Under this legislation, property tax in -lieu of VLF is allocated to Cities and Counties pursuant to a complex formula involving each agency relative share of assessed value. The property tax in -lieu of VLF revenue that will be generated by the Project can be estimated by determining the (i) percentage growth in the total assessed value of the City attributable to the Project and multiplying by (ii) the property tax in -lieu of VLF revenue of $5.01 million expected to be received per the Budget. Based on these calculations, the Proposed Project is anticipated to generate $48,890 annually in property tax in -lieu of VLF revenue, as shown in Exhibit A, Table 5. 6.8 Other Revenues The City receives various other revenues analyzed under the FIA. These include (i) Licenses & Permits; (ii) Intergovernmental; (iii) Charges for Services; (iv) Fines, Forfeitures & Abatements; (v) Use of Money and Property; and (iii) Miscellaneous. These revenues have been estimated using the appropriate multiplier against the City budgeted revenues for each respective revenue category. Accordingly, total annual "other" revenues are anticipated to be $142,424 at buildout, as shown in Exhibit A, Table 9. Page 14 EE Fiscal Impact Analysis — The Estates at Griffin Ranch September 18, 2023 7. FIA Recurring Costs 7.1 General Administration General Government Administration services cost includes City Council, City Manager, City Attorney, City Clerk, and Human Resources. The FIA assumes an estimated 50% marginal increase for these costs as they do not have a 1:1 relationship with population growth (i.e., the majority of costs are fixed, not variable). Accordingly, using a Per Capita & 50% Employee Multiplier, General Administration costs are anticipated to be approximately $30,405 at buildout, as shown in Exhibit A, Table 9. 7.2 Police The La Quinta Police Department will be responsible for providing protection services to the Proposed Project. To estimate the Proposed Project's impact on police service costs, the FIA uses a Per Capita & 50% Employee Multiplier of approximately $381.98. Based on this multiplier, total annual police service costs for the Proposed Project are estimated to be approximately $193,662 at buildout, as shown in Exhibit A, Table 9. 7.3 Fire The La Quinta Fire Department provides fire protection and emergency medical services to the Proposed Project. To estimate the Proposed Project's impact on fire service costs the FIA uses a Per Capita & 50% Employee Multiplier of approximately $185.92. Based on this multiplier, total annual fire service costs are estimated to be approximately $94,264 at buildout, as shown in Exhibit A, Table 9. 7.4 Community Resources The Community Services cost category includes services related to Community Resources Administration, Wellness Center Operations, Recreation Programs/Special Events, as well as Code Compliance/Animal Control. Using a Per Capita Multiplier, total Community Services costs are anticipated to be approximately $30,917 at buildout, as shown in Exhibit A, Table 9. 7.5 Public Works The Public Works cost category includes services related to Parks Maintenance, Public Buildings, Public Works Administration, Development Services, Streets, as well as Engineering Services. Using a Per Capita Multiplier, total Public Works costs are anticipated to be approximately $73,069 at buildout, as shown in Exhibit A, Table 9. 7.6 Design & Development The Design & Development cost category includes services related to Design & Development Administration, Planning, Building, and The Hub. Using a Per Capita Multiplier, total Public Page 15 81 Fiscal Impact Analysis — The Estates at Griffin Ranch September 28, 2023 Works costs are anticipated to be approximately $42,910 at buildout, as shown in Exhibit A, Table 9. 7.7 Fiscal Services The Fiscal Services cost category includes services related to the collection and investment of City monies, accounting, budgeting, and financial reporting. Using a Per Capita Multiplier, total Fiscal Services costs are anticipated to be approximately $170,842 at buildout, as shown in Exhibit A, Table 9. 8. Conclusion The FIA analyzes the impacts of the Proposed Project to the City's general fund revenue and expenditure at build -out. Based on the analysis of revenues and expenditure detailed above, the Proposed Project has a positive impact to the City's general fund at buildout. The Proposed Project will generate a surplus of $1,970,766 to the City's general fund on an annual basis. 9. Development Impact Fees The Proposed Project will be subject to Development Impact Fees ("DIF") collected by the City and are a one-time revenue event. The City fees are collected to fund park and recreation, community and cultural center, library, civic center, maintenance facilities, fire protection and transportation improvements. The City will also collect fees for TUMF and MSHCP which will be passed through to Coachella Valley Association of Governments and Coachella Valley Conservation Commission, respectively. The total development impact fees to be paid to the City are anticipated to be approximately $1,057,290 at buildout, as shown in Exhibit A, Table 10. Page 16 Fiscal Impact Analysis — The Estates at Griffin Ranch 10. Fiscal Impact Analysis — Exhibits The Fiscal Impact Analysis is organized as follows: September 28, 2023 Exhibit Table Description A l Fiscal Impact Analysis Summary A 2 Post ERAF Share of the Basic Tax Calculation A 3 Land Use Plan A 4 Property Tax Calculation A 5 Property Tax in Lieu of VLF Revenue Calculation A 6 Property Transfer Tax Calculation A 7 Transient Occupancy Tax Calculation A 8 Offsite Sales Tax Calculation A 9 General Fund Revenue and Expenditure Summa A 10 Development Impact Fee Summary Page 17 83 Exhibit A Griffin Ranch Investors, LP The Estates at Griffin Ranch City of La Quinta Table 1- Fiscal Impact Analysis Summary September 28, 2023 Recurring Revenues: Property Tax RPTTF Pass Through State Sales Tax Measure G Sales Tax Document Transfer Tax Transient Occupancy Tax Franchise Taxes Property Tax In Lieu of VLF Licenses & Permits Intergovernmental Charges for Services Fines, Forfeitures & Abatements Use of Money & Property Miscellaneous Total Recurring Revenue Recurring Expenditures: CiLy CUU11LiI City Manager City Attorney Human Resources City Clerk Finance Central Services Police Fire Community Resources Administration Totals Wellness Center Operations Recreation Programs & Special Events Table Parks Maintenance Marketing & Community Relations Public Buildings Design & Development Administration Totals Planning Building Code Compliance/Animal Control Totals The Hub Public Works Administration Public Works Development Services Streets Engineering Services Total Recurring Expenditures Table Ref. 4 9 8 8 6 7 9 5 9 9 9 9 9 9 Annual at Buildout 23,215 117,373 117,373 2,135,250 22,310 48,890 30,064 83,627 11,513 4,920 5,910 6,390 $ 2,606,834 9 $ 1,871 9 6,270 9 4,238 9 2,639 9 6,696 9 16,994 9 153,848 9 193,662 9 94,264 9 5,895 9 4,567 9 11,594 9 32,395 9 8,690 9 14,803 9 8,059 9 7,932 9 13,752 9 8,860 9 13,167 9 4,232 9 2,731 9 8,038 9 10,870 $ 636,068 Net Fiscal Surplus (Deficit) $ 1,970,766 84 Exhibit A Griffin Ranch Investors, LP The Estates at Griffin Ranch City of La Quinta Table 2 - Post ERAF Share of 1% September 28, 2023 Agency General Fund County Free Library County Structure Fire Protection City of La Quinta Coachella Valley Unified School District Desert Community College Riverside County Office of Education Riverside County Regional Park and Open Space Coachella Valley Public Cemetery CV Mosquito and Vector Control Coachella Valley Rec and Park CV Water District State Water Project Coachella Valley Resource Conservation CVWD Imp Dist. 1 DS CVWD Storm Water Unit ERAF Fund Tota I TRA 020-059 9.785006940% 1.331369600% 5.442458120% 6.456598750% 43.220912000% 6.975693000% 3.795136000% 0.322034270% 0.213061830% 0.905935380% 1.096809180% 2.536263000% 0.032516000% 1.183503000% 3.210705000% 13.491997930% 100.000000000% Footnotes: Source: Fiscal Year 2020-21 Share of the Basic Tax per Riverside County Auditor -Controller's Office, Property Tax Division. In addition to other ad valorem charges imposed by various local agencies, land owners in California are required to pay annual property taxes of 1% on the assessed value of their property pursuant to Proposition 13. Each County in California is divided into tax rate areas ("TRA"). After the basic 1% property tax is collected by the county, the tax is allocated to various local agencies based on each agency's share of the basic tax within the property's applicable TRA. This exhibit shows the share of the basic tax applicable to the Project's TRA. 85 Exhibit A Griffin Ranch Investors, LP The Estates at Griffin Ranch City of La Quinta Table 3 - Land Use Plan September 28, 2023 Avg Assessed No. of Home Home Valuation of Bedroom/Unit (a) Size (a) Units (a) Price (a) Improvements I. Land use Plan Residential Assessed Value Single Family Homes 6 3,900 39 $ 2,145,000 $ 83,655,000 Single Family Homes 7 4,500 39 2,235,000 87,165,000 Total Residential Assessed Value 6.50 4,200 78 $ 2,190,000 $ 170,820,000 II. Estimated Project Residents Average Bedrooms per Units Average persons per bedroom Anticipated Guests per Unit Total Units at Build -out Total Anticipated Annual Guests Annual Occupancy Rate (b) (b) 6.50 2 13.00 78 1,014 50% Total Annual Project Residents 507 Project City (c) III. Equivalent Resident Summary Total Residents [1] 507 37,860 Total Employees [2] - 19,500 Total Equivalent Residents [2]x50%=[3] 507 47,610 Footnotes: (a) Product, mix and pricing per Client. (b) Average of 2 persons per bed and 50% occupancy rate per Client. (c) City population per California Department of Finance as of 1/1/2022. Employee population per the State of California, EDD Monthly Labor Force Data for Cities and Census Designated Places as of December 16, 2022. M Exhibit A Griffin Ranch Investors, LP The Estates at Griffin Ranch City of La Quinta Table 4 - Property Tax Calculation September 28, 2023 Tax Assessed Value Residential Single Family Homes Total Residential Assessed Value Basic Rate Basic Tax Paid City General Fund Share of Basic Tax (a) [1] [2]=[1]X1% Table Ref. 3 $ 170,820,000 $ 170,820,000 1.00% $ 1,708,200 [3] 2 0.000% Total Annual Property Taxes to City [4]=[2]x[3] $ Footnotes: (a) The Proposed Project is a part of the area that annexed to the City as a part of the Thermal Redevelopment Project Area ("RDA"). Under state guidelines, the property tax received from RDA must be used to retire a long-term debt of the former county redevelopment project. Hence, the Proposed Project will not generate any property tax to City's general fund. 87 Exhibit A Griffin Ranch Investors, LP The Estates at Griffin Ranch City of La Quinta Table 5 - Property Tax in Lieu of VLF Revenue Calculation September 28, 2023 I. Property Tax in Lieu of VLF Nominal Dollars: City Assessed Valuation (a) Property Tax in Lieu of VLF (b) VLF Increase per $1,000 increase in AV Property Tax in Lieu of VLF: Total Assessed Value (c) Less: Existing Assessed Value (d) Net (New) Assessed Value Project Assessed Valuation /1,000 VLF Increase per $1,000 increase in AV Property Tax in Lieu of VLF Footnotes: (a) Per Riverside County Assessor's Office 2022-23 Local Assessment Roll. (b) Per City of La Quinta Adopted Budget for Fiscal Year 2022-23, page 34. (c) See Table 3 - Land Use Assumptions. (d) Per Fiscal Year 2022-23 property tax bills. [1] $ 16,678,122,031 [2] 5,013,700 [3)=[2)/[1)*1000 $ 0.3005 [4) $ 170,820,000 [5) 8,122,808 [6]=[4)-[5] $ 162,697,192 [71=[61/1000 $ 162,697.19 [3] 0.3005 =[31*[71 $ 48,890 W Exhibit A Griffin Ranch Investors, LP The Estates at Griffin Ranch City of La Quinta Table 6 - Property Transfer Tax Calculation September 02, 2022 Build -Out Total Assessed Value per Table 3 $ 170,820,000 Turnover Rate (a) 0.00% Annual Taxable Assessed Value $ - Property Transfer Tax Rate (b) 0.110000% Total Annual Property Transfer Taxes $ - City's Share 50% Total Annual Property Transfer Taxes to City $ - Footnotes: (a) It is assumed that the property ownership will not change. (b) The County may levy a transfer tax at the rate of $0.55 for each $500 of assessed value. A City within the County that levies this tax can levy a transfer tax at a rate of $0.55 per $1,000. If both the County and City levy the transfer tax, a credit shall be allowed against the amount imposed by the County in the amount of tax that is imposed by the City per California Revenue and Taxation Code 11911. Exhibit A Griffin Ranch Investors, LP The Estates at Griffin Ranch City of La Quinta Table 7 - Transient Occupancy Tax Calculation September 28, 2023 Rental Revenue Calculation: Average Total Total Plan Type No. of Units Daily Rent Daily Rent Annual Rent (a) (a) (a) (a) (a) 6 -Bedroom 39 $ 1,250 $ 48,750 $ 17,793,750 7 -Bedroom 39 1,750 68,250 24,911,250 Total 78 1,500 117,000 $ 42,705,000 Estimated Occupancy Rate Total Estimated Annual Net Rental Revenue Transient Occupancy Tax Rate (Short Term Rental) (b) 50% $ 21,352,500 (c) 10.00% Total Transient Occupancy Tax $ 2,135,250 Footnotes: (a) Existing Residential Development plan type, number of units, and anticipated gross rental revenue per Client. (b) Occupancy Rate of 50% per Client. (c) Transient occupancy tax rate per City of La Quinta Adopted Budget. we Exhibit A Griffin Ranch Investors, LP The Estates at Griffin Ranch City of La Quinta Table 8 - Offsite Sales Tax Calculation September 28, 2023 Spending by Residents: Estimated Spending per Week per Equivalent Resident (a) $ 2,100 Estimated Annual Spending per Year per Equivalent Resident 109,200 Total Equivalent Residents 507 Less: Non -spending population (b) 20% 101 Net Equivalent Residents 406 Estimated Annual Spending $ 44,291,520 Less: Estimated Annual spending on Lodging and Non Taxable Sales (c) 47% (20,817,014) Total Anticipated Annual taxable spending $ 23,474,506 Total Spending anticipated outside City (d) 50% $ (11,737,253) Total Taxable Spending within City of La Quinta $ 11,737,253 Annual Sales Taxes to City 1.00% $ 117,373 Annual Measure G Sales Taxes to City 1.00% $ 117,373 Total Annual Sales Tax to City 2.00% $ 234,745 Footnotes: (a) Estimate based on average anticipated spending of $300 per person per day ($2,100 per week) based on data from Visit California and the 2017 Report on the Economic Impact of Tourism in the Greater Palm Springs Area. (b) Represents the estimated no. of equivalent residents who are non -spenders or kids accompanying spending adults. (c) Per data from Visit California and the 2017 Report on the Economic Impact of Tourism in the Greater Palm Springs Area average visitor spending. (d) Represents anticipated taxable spending outside the City. 91 Exhibit A Griffin Ranch Investors, LP The Estates at Griffin Ranch City of La Quinta Table 9 - General Fund Revenue and Expenditure Summary September 28, 2023 [1] [21 [31=[1)'[21 [41 [31/[41=[51 [61 [5]x[6] Recurring items: Revenues General Funds Tax Revenues Budget Page Ref. FY 2022/2023 Adopted Budget (a) Marginal Increase (b) Net General Fund Measure 1c Equivalent Units Factor Project Equivalent Persons Project Revenues Property Tax Revenue 34 $ 2,890,000 0% - PER 47,610 $ 3.69 507 $ 1,871 No -Low City Property Tax 34 4,845,000 0% 588,770 PER 47,610 - 507 - RPTTFPassThrou h 34 2,180,000 100% 2,180,000 PER 47,610 45.79 507 23.215 State Sales Tax 34 11,000,000 100% 11,000,000 PER Case Study------------------------ 117,373 Measure G Sales Tax 34 13,500,000 100% 13,500,000 628,763 Case Study ------------------------ 13.21 117,373 Document Transfer Tax 34 650,000 100% 650,000 247,849 Case Study 5.21 - TOT - Hotels 34 7,300 000 0% 100% PER 47,610 47,610 507 - TOT - Short Term Vac. Rentals 34 5,000 000 100% 5,000,000 ------------------------ Case Study 47,610 2,135,250 TOT- Bed and Breakfast 34 100,000 0% - PER 47,610 PC 507 11.63 TOT - Resort Fees 34 375,000 0% - PER 47,610 - 507 - Franchise Taxes - Burrtec 34 1,000,000 100% 1,000,000 PER 47,610 21.00 507 10.649 SoCal Gas Franchise 34 160,000 100% 160,000 PER 47,610 3.36 507 1,704 Cable Television Franchise Fee 34 660,000 100% 660,000 PER 47,610 13.86 507 7,028 Communications Franchise Fees 34 275,000 100% 275,000 PER 47,610 5.78 507 2,928 Pro 3erty Tax In Lieu of VLF Licenses & Permits Intergovernmental Charges for Services Fines, Forfeitures & Abatements Use of Money & Property _ Miscellaneous 34 34 34 35 35 35 35 5:01 700 2,823,200 7,853,000 1,081,100 462,000 555,000 600,100 100% 100% 100% 100% 100% 100% 100% 5,011,700 2,823 200 7,853,000 11081100 462,000 555,000 600,100 ------------------------Case PER PER PER PER PER PER Study --------- - 47,610 59.30 507 47,610 164.94 507 47,610 22.71 507 47,610 9.70 507 47,610 11.66 507 47,610 12.60 507 48,890 30,064_ 83,627 11,513 4,920 5,910 6,390 Tota I Revenue5 8.35 $ 68,3x1,100 4,232 Public Works Development Services 8 512,960 50% 256,480 2 606 834 Expenditures City Council 6 $ 351,400 50% $ 175,700 PER 47,610 $ 3.69 507 $ 1,871 City Manager 6 1,177,540 50% 588,770 PER 47,610 12,37 507 6,270 Marketing & Community Relations 7 1,632 128 50% 816,064 PER 47,610 17.14 507 8,690 City Attorney 6 796,000 50% 398,000 PER 47,610 8.36 507 4,238 City Clerk 6 1,257 526 50% 628,763 PER 47,610 13.21 507 6,696 Human Resources 6 495..698 50% 247,849 PER 47,610 5.21 507 2,639 Police 6 18,185,900 100% 18,185,900 PER 47,610 381.98 507 193,662 Fire 6 8,851,872 100% 8,851,872 PER 47,610 185.92 507 94,264 Community Resources Administration Totals 6 880,480 50% 440,240 PC 37,860 11.63 507 5,895 Wellness Center Operations 7 682,102 50% 341,051 PC 37,860 9.01 507 4,567 Recreation Pro rams & Special Events Table 7 1,088,734 100% 1088,734 PER 47,610 22.87 507 11,594 Code Compliance/Animal Control Totals 7 1,663,996 50% 831,998 PER 47,610 17.48 507 8,860 Parks Maintenance 7 3,042;072 100% 3,042,072 PER 47,610 63.90 507 32,395 Public Buildings 7 1,390,052 100% 1,390,052 PER 47,610 29.20 507 14,803 Public Works Administration 7 794,862 50% 397,431 PER 47,610 8.35 507 4,232 Public Works Development Services 8 512,960 50% 256,480 PER 47,610 5.39 507 2,731 Streets 8 754,768 100%. 754,768 PER 47,610 15.85 507 8,038 Engineering Services 8 1,020,756 IW% 1,020,756 PER 47,610 21.44 507 10,870 Design & Development Administration Totals 7 756,824 1DD% 756,824 PER 47,610 15.90 507 8,059 Planning 7 744,830 100% 744,830 PER 47,010 15.64 507 7;932 Building 7 1291,362 100% 1,291,362 PER 47,610 27.12 507 13,752 The Hub -1 1,236,482 100% 1,236,482 PER 47,610 25.97 507 13,167 Finance 6 1,595,830 100% 1,595,830 PER 47,610 33.52 507 16,994 Central Services 6 14,447,100 100% 14,447 100 PER 47,610 303.45 507 153,848 Total Expenditures $ 64,651,274 $ 636,066 Recurring Balance 3,659,826 $ 1,970,766 (a) Per City of La Quinta Adopted Budget for Fiscal Year 2022-23. (b) The marginal increase represents the impact to the City's revenue and expenditure due to the nature of the revenue and expenditure relative to the Project. (c) Based on (1) 37,860, City of La Quinta residents, California Department of Finance, January 1, 2022, (2) 19,500, total City of La Quinta employees and (3) City employment reduced by 50% to account for the estimated less frequent use of City public services by employees than residents. 92 Exhibit A Griffin Ranch Investors, LP The Estates at Griffin Ranch City of La Quinta Table 10 - Development Impact Fee Summary September 28, 2023 Fee Category Rate Quantity Total Fees Park Improvements (a) $ 2,106 Per Unit 78 $ 164,268 Community/Culture (a) 956 Per Unit 78 74,568 Library (a) 397 Per Unit 78 30,966 Civic Center (a) 1,230 Per Unit 78 95,940 Maintenance Facilities (a) 313 Per Unit 78 24,414 Fire (a) 369 Per Unit 78 28,782 Transportation (a) 4,009 Per Unit 78 312,702 CVAG TUMF (b) 2,550 Per Unit 78 198,900 Multi Species Plan Fees (c) 1,625 Per Unit 78 126,750 Total Estimated Development Impact Fees: $ 1,057,290 Footnotes: (a) Represents the impact fees for City of La Quinta ("City") per Development Impact Fee Study dated September 23, 2019 effective for permit applications received on or after July 1, 2020. (b) Represents the currently collected Coachella Valley Association of Governments ("CVAG") TUMF rate per unit, effective Jan 1, 2023. (c) Represents the currently collected Coachella Valley Multi Species Habitat Conservation ("MSHCP") Fees effective July 1, 2023. PUBLIC COMMENT ATTACHMENT 6 94 Tania Flores From: Derek M <seizethedayok@gmail.com> Sent: Tuesday, January 2, 2024 4:31 PM To: Planning WebMail Subject: Mery Griffin Estate Development Plan Some people who received this message don't often get email from seizethedayok@gmail.com. Learn why this Is Important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. I just learned from my Griffin Ranch HOA that the Mery Griffin Estate has applied for short term rental rezoning for lots 1-78. 1 am STRONGLY OPPOSED to allowing this to be rezoned. The State of California is adamant that WE MUST increase housing in all cities in the State. In fact, I believe you allowed the Capstone lots to be subdivided to allow for more housing. Now, if you allow previously approved plans for housing to be changed into short term rental properties, then you will have failed the State mandate. And, the City Council could be mocked and embarrassed. We do NOT need a black eye for the City of La Quinta. I do not want a hotel in my backyard, nor do my neighbors. Thanks, Derek Matteucci 81066 Monarchos Cir, La Quinta, CA 92253. 95 Tania Flores From: Chuck Gilfoy <cgilfoy4457@gmail.com> Sent: Wednesday, January 3, 2024 8:03 PM To: Planning WebMail Subject: MDM Enterprises - Mery Griffin Estate Some people who received this message don't often get email from cgilfoy4457@gmail.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. My wife and I own a home in Griffin Ranch. We have been notified that MDM is moving forward with a plan to develop 78 lots within The Griffin Estate. These lots originally were to be used as individual homesites for residents with a long-term interest in maintaining a positive living environment. Per the development plan submitted to the City of La Quinta, MDM now is requesting these sites be re-characterized/re-zoned so as to enable the development of short-term vacation rentals thereon. We vehemently oppose this plan! In general, such developments entail serious consequences for the surrounding residents. Among them are: • Noise - not only is this very irritating but it also results in serious health outcomes for surrounding neighbors. These include, but are not necessarily limited to, sleep disturbance and stress (which itself creates additional health problems). Even during the day, it becomes extremely annoying to hear a chorus of yormg men yelling at their loudest every time someone jumps into a pool. • Traffic congestion - in addition to imposing stress on residents, it limits activities they might otherwise enjoy. What about environmental impacts including air pollution and traffic noise? • Increased crime, especially vandalism. • Decreased property value - see next item. What prospective buyer would not significantly discount a home's value if aware of these circumstances? We moved to Griffin Ranch from Montage in Indio (Avenue 49 and Madison). A paramount reason for this move was to avoid the impacts of short-term rentals. In addition to the issues discussed above, we were exposed to: • Trash being thrown into the streets of our neighborhood, some of which was thrown directly into our front yard. • Threats - in an effort to resolve matters informally, periodically, I would go next door to ask renters to turn down music. In at least a couple cases, I was threatened physically. In addition, I was told by the renters that they had paid a lot of money for the rentals and thus could make as much noise as they wanted. (I'd love to see the rental agreement that states this.) Dangerous behaviors - on multiple occasions, renters threw cans and bottles into our backyard. Sometimes, this would result little more than a need to pick up trash from our backyard (which we should not need to do). However, in other cases, we found beer bottles smashed and shattered on our patio. In at least two cases, one of our dogs suffered cuts on its feet and in one case, required veterinary attention. On a few occasions, fireworks landed in our backyard. This could have resulted in disastrous outcomes. The bottom line is that there is an extremely limited correlation between short-term renter behavior and consequences therefor. Renters simply are not held accountable for their action by either the homeowner or the relevant governing entity. They also have no vested interest in maintaining a quality of life in the area, especially given the short period each renter is here. Furthermore, what incentive does a homeowner who rents his/her home have to mitigate if he/she suffers no consequences? Police action is very low priority. Even if police do come and admonish renters, the bad behavior and noise restart within a few minutes. What we supposed to do - call the police every 15 minutes? Finally, I should note the concerns expressed herein do not focus mostly on periods when the music festivals are ongoing at the Indio Polo Grounds. In fact, these occasions sometimes are better because the renters often are gone for most of the day and evening. When they later arrive back at the rental house, they often (not always) are too drunk or too tired to party any longer. Unfortunately, decisions such as the one pending on this matter often are affirmative, all under the guise that tax revenues will increase and thereby increase the quality of life for the City's residents. We hope this is not a major decision factor for La Quinta. Very rarely do increased tax revenues offset the damages brought about by approvals on matters like this. If the City leadership (Planning Commission, Council, or otherwise) still is inclined to approve this proposed development of short-term rentals, it should have to live with the associated consequences (i.e., not just a re-election defeat). In this case, we strongly recommend that any approving resolution(s) include stipulations that all relevant decision makers sell their current homes, purchase one of the 78 home sites, and move into the home they must build on that site. This is the only way these persons will experience the consequences of their fiduciary actions and avoid any appearance of a conflict of interest. Thank you for your consideration. Chuck Gilfoy Tania Flores From: Tom Hansen <xpatsrus@gmail.com> Sent: Wednesday, January 3, 2024 12:05 PM To: Planning WebMail Subject: Griffin Ranch Investors Some people who received this message don't often get email from xpatsrus@gmail.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. To the Planning Commission: Subject: Development Agreement 2022-0001, Griffin Ranch Investors I am a resident of La Quinta at 81535 Thunder Gulch Way in Griffin Ranch. I have been made aware of a requested modification of a STVR designation applicable to the proposed Estates @ Griffin Lake development off of Avenue 54 and adjacent to the existing Griffin Ranch sub -division. As a full-time resident bordering this proposed property, I am firmly AGAINST granting an expanded STVR exemption to this development. My limited understanding is that the existing Mery Griffin estate (main house) is designated as STVR, which is acceptable as a single very -high-end property. However, to expand this to an additional 78 homes would seem to be totally inconsistent with the residential restrictions of the immediate areas, including Griffin Ranch, Madison Club, and Hideaway. No short-term rentals are allowed in these developments and this requested expansion, and associated short-term tenancy, directly in the middle of these high-end properties would be very detrimental to the property values and quiet enjoyment of the existing homesites. I do not feel granting this expanded exemption would be all consistent with La Quinta long-term residential plans and is totally inappropriate for this area of the city. Thomas Hansen 713-703-5129 M Tania Flores From: Audrey Little <audrey.littlelq@gmail.com> Sent: Wednesday, January 3, 2024 2:28 PM To: Planning WebMail Subject: Mery Griffin Estate [Some people who received this message don't often get email from audrey.littlelq@gmail.com. Learn why this is important at https-//aka.ms/LearnAboutSenderldentification ] ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** To Whom it may concern Happy new year! I am writing to strongly object to allowing the Mery griffin estate to developing any further short term vacation rentals. The estate currently is used for events and that is fine however you cannot allow them to develop 1- 78 additional short term rental lots without allowing every property in the vicinity to do the same. We have 30 day minimums for a reason and that reason should be the same for them. We already have new communities going up near heat and two hotels and a golf course. There is no need other than greed for this development. I could rent my house out just the weekends of stagecoach and Coachella and pay for my entire years mortgage. I am not permitted to and no one around should be able to either. You cannot allow for exceptions on a one off basis. It will set precedent for all developments. Please take this strongly to heart. 81439 Mery griffin Way Griffin Ranch. Thank you for your consideration. Warmest Regards, Audrey Little. Sent from my iPhone 99 Tania Flores From: Kimberly Schwartz <kschwartz@schwartz-co.com> Sent: Wednesday, January 3, 2024 3:52 PM To: Planning WebMail Subject: MDM Enerprises Inc - Mery Griffin Estate Some people who received this message don't often get email from kschwartz@schwartz-co.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. My husband and I own a home in Griffin Ranch and we have been notified that MDM is attempting to re -zone the 78 lots within The Griffin Estate originally to be used as individual homesites to now be used for short-term vacation rentals - Basically turning it into a hotel type property. We are adamantly opposed to this. History has shown that short-term rentals have very serious consequences to neighboring communities: • An alarming increase in crime, including vandalism • Traffic congestion/ gridlock • Noise- long term effects of being exposed to noise is associated with many seriolas health issues - sleep disturbance, communications, increased stress levels to name a few • Loss of a sense of community - the below is from UtilitiesOne: 1. Impact on Housing Affordability: Critics argue that the rise of short-term rentals has led to a decrease in available long-term rental units, driving up housing costs in popular tourist destinations. This can exacerbate housing shortages and make it more difficult for locals to find affordable housing. 2. Disruptive to Residential Communities: Concerns have been raised about disturbances caused by transient guests in residential neighborhoods. Issues such as noise complaints, property damage, and security risks have been reported, leading to tensions between hosts, guests, and permanent residents. 3. Regulatory Challenges: The rapid growth of the short-term rental industry has caught many cities off guard, leading to regulatory challenges. Some municipalities have imposed restrictions or even banned short-term rentals altogether in an effort to control their negative impacts. And of course, there is no doubt short-term rentals will cause a detrimental decrease in the value of all of our homes in Griffin Ranch and the surrounding communities. Prospective buyers (not to mention homeowners) will no longer feel "safe" in our community knowing there is a transient community behind the wall that surrounds us. Griffin Ranch HOA has never, and will never, allow short-term rentals within our community for the reasons stated above. 100 It is our undertanding that lots 1-78 are currently zoned for single family residences which is far different (and safer) than short-term rentals. California has already experienced the largest exodus of residents in our history largely due to crime, homelessness, taxes and cost of living. By approving this re -zoning request you will be contributing to this exodus. Residents are sick and tired of City and State officials ruining our neighborhoods to get a few extra tax dollars - which is exactly what this is. Leaving it zoned as is, you are giving 78 families a chance to have a home. This is a far better result than allowing a "hotel like" development come in without a thought of the negative impact it will have on the City and its true residents. We ask the City Planning Commission to deny the request for re -zoning to short-term rentals. Kimberly Schwartz Vice President Schwartz & Company Insurance Agency License #0779072 P.O. Box 1260 La Quinta, CA 92247 760.771.4165 kschwartz@schwartz-co.com http:llschwartzandcompany.com 101 Tania Flores From: patti.carson@aol.com Sent: Thursday, January 4, 2024 1:56 PM To: Planning WebMail Subject: Letter In Opposition to STR Development at the Mery Griffin Ranch Attachments: Planning Commission Letter 1-4-24.docx Some people who received this message don't often get email from patti.carson@aol.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Hello, Attached is my letter of opposition to the proposed development of The Estates at Griffin Lake with 78 short term rentals. This described property doesn't fit into the neighborhood environment that exists in the surrounding communities of Griffin Ranch, The Hideaway or The Madison Club. My letter thoroughly explains reasons for opposition to this proposal. 102 January 4, 2024 La Quinta City Planning Commission I am writing to voice my opposition to the plan being presented to build 78 short term rental properties in a newly named development; "The Estates at Griffin Lake". I bought my home in Griffin Ranch in 2015 to live in a beautiful neighborhood where many have retired or own their own vacation homes. This includes neighborhoods like Griffin Ranch, The Hideaway and The Madison Club. When we moved here, we knew about the festivals and appreciated that these venues brought revenue to the City and to the employees that needed more than seasonal work. Since that time, there has been an alarming zest for turning La Quinta into a vacation resort with little regard for full time residents. Thankfully, the plan to build a surf park at the end of Madison Street did not prevail. The plan to build out Talus has been a disaster with an expensive roundabout on Jefferson at the Hideaway entrance for no good reason since Talus has stalled numerous times in development efforts. Neighborhoods have continued to grow beyond Madison and 54th to accommodate interest in home buying. Other developments like PGA Signature, Bravo and others are catering to short-term rentals. Most people will say they were completely unaware that the Mery Griffin Estate had zoning for short term rentals so this development is a complete and unpleasant surprise. Short term renters come to vacation and are often large parties and the word parties is operative here. I wonder how many on the Planning Commission actually live in proximity to short term rental properties? Building a prosperous city is a wonderful thing, but not when it negatively affects the quality of life for those who've invested their futures here. For some, living here is a dream and buying into these neighborhoods is reflective of a lifetime of work. Home prices reflect these investments and property taxes to live here are high. Building a "hotel -like" short term rental entertainment compound of 78 103 homes will negatively impact surrounding neighborhoods with construction, traffic and then the resultant flow of vacationers who come here to party and if you live nearby, you know that that do this vigorously. It is not enough to have noise restrictions or hot lines to call. We shouldn't have to live in this environment. You will hear from many people who believe this is a horrible idea. We have lived through the 10pm to Sam parties at the Griffin Estate as well as at other short-term rentals (rent for the required 30 days, but only stay a short time). Partying goes on around the clock and bad behavior goes with it. Complete disregard for the community. Our home values will fall as a result of the proposed development. The thirst for short term rental revenues by the City is a nightmare for full-time residents. The festivals take up a month or so of weekends each year, but it is tolerable. Triathions and biking events have also grown here and there is no question that there are disruptions from this, but these come and go. The Estates at Griffin Ranch will be here to stay and will ruin the environment as we know it. We ask you not to approve this plan. The Mery Griffin Estate can likely be developed along the lines of single-family homes like the ones that surround it and will fit in the community. The current short term rental plan will not and it is alarming that anyone things it's a viable idea. Sincerely, Patricia Carson 81675 Macbeth Street La Quints, CA Patticarson22@gmaii.com 104 Tania Flores From: Cheri Flores Sent: Thursday, January 4, 2024 2:49 PM To: Tania Flores Subject: FW: Mery Griffin Estates A Cheri L. Flores I Planning Manager City of La Quinta Quie(v 78495 Calle Tampico La Quinta, CA 92253 Ph. 760-777-7067 CAL1110Kh1A www.laauintaca.uov From: Robert Geddes <regeddes22@yahoo.com> Sent: Wednesday, January 3, 2024 3:24 PM To: Cheri Flores <clflores@laquintaca.gov> n Estates You don't often get email from reged_de522@yaho0.com. Learn wYty this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Thank you Cheri. We will follow up. Appreciate your time. Bob Geddes 818-414-9292 (mobile) On Jan 3, 2024, at 1:02 PM, Cheri Flores <clflores@lacluintaca.eov> wrote: Hello Mr. Geddes, We understand your concerns with this development proposal. We will forward your comments to the Planning Commission. The staff report for this item will include more information and a draft of the development agreement and will be posted by Friday evening at the following webpage: Plannine Commission Meeting I Calendar I La Quinta. CA ilaauintaca.gov) <image0O1.png> Cheri L. Flores I Planning Manager City of La Quinta i 105 78495 Calle Tampico La Quinta, CA 92253 Ph. 760-777-7067 www.laquintaca.gov From: Robert Geddes <regeddes220yahoo.cvm> Sent: Wednesday, January 3, 2024 8:01 AM Subject: Re: Mery G You don't often get email from reFeddes22Pvahoo.com. Learn why this ii, tpiqwrrIanf EXTERNAL: This message originated outside of the City of La Quinta. Please use properjudgement and caution when opening attachments, clicking links or responding to requests for information. Good morning Cheri and thank you for your prompt response. My note to Jennifer was directed as much about the timing and LACK of information that was provided to neighboring communities regarding this request and hearing. As you know there was no mention of a "dramatically" expanded use of the short term rentals. As well as "any" explanation about type and use intended for the "future events area" referenced in a more detailed drawing that can be found on the city website. Perhaps one the most troubling things however was the timing of the hearing and the time given residents to examine and understand the impact of the request. The people at Griffin Ranch (that even know about this) are very concerned and need more time to "clearly" understand what is in the referenced request and how it varies from existing city approvals and guidelines. From what little we are able to glean so far, the traffic, noise, and general overall area impact "could" have a considerable effect on area home values. Im fairly confident that the direct impact on the Capstone property will be material. Last we are told that these 78 homes will be owned and operated by a "high end management company" and run like a hotel with individual amenities. Apologies for the comparison but feels a bit like a mini version of the Wave Park considered by the city at 58th and Madison. At the end of the day we dont feel that adequate time was given surrounding communities to prepare a thoughtful response to this request. Perhaps the hearing can be postponed for a few weeks? Please advise and thank you. Bob Geddes 818 414 9292 (cell) On Jan 2, 2024, at 5:37 PM, Cheri Flores <clflores@laduintaca.sov> wrote: Hello Mr. Geddes, I received your inquiry from Jennifer regarding the Griffin Estate_ The layout with the future event area you are referencing is from the Specific Plan which was approved in 2015. Below is a link to the Specific Plan with more details_ 5P 2014-1001The Estates at Griffin Ranch (laguintaca.goy) 106 The recent notice that was mailed out pertains to a proposal for a development agreement with the City to allow the future home sites to be able to be used as short term rentals. Hope you have a great day. Cheri L. Flores I Planning Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 <image001.png> Ph. 760-777-7067 www.laguintaca_gvv From: Robert Geddes <re eddes22 ahoo.com> Sent: Tuesday, January 2, 202410:53 AM To: Jennifer Nelson <ineison@laquintaca.gova Cc: Subject: Mery Griffin Estates ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Good morning Jennifer and Happy New Year. Trust you had an enjoyable holiday. Below is a layout I was able to get of the proposed development at MGE. I'm pretty sure this is consistent with the "general plan" that was approved in the early 2000's. What is NOT disclosed in the recent notice from the city is the inclusion of a "future event area" and what the guidelines will be. Can you please provide any additional information? Thank you and have a nice day. Best, <image002.png> Bob Geddes 818-414-9292 (mobile) 107 La Quinta, CA Municipal Code 9.250.020 - Development agreements. A. Purpose. A development agreement is a legislative action by the city council to provide certainty in the review and approval of development projects in order to make maximum efficient utilization of resources at the least economic cost to the public, strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development, and provide for public facilities and infrastructure. Development agreements shall be prepared, reviewed, adopted, and maintained in accordance with the provisions of this section. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65864 et seq., of the State Government Code and that such provisions shall be so construed. C. Review Procedures. 1. Application Forms. The director shall prescribe the form of each application, notice and document provided for or required under this chapter for the preparation, processing and implementation of development agreements. The application shall include as separate documents by reference, the following information: a. Duration of the agreement; b. The permitted uses of the property; c. The density or intensity of use of the property; d. The maximum height and size of proposed buildings; e. Provisions for reservation of dedication of land for public purposes; f. Fiscal impact statement to include revenue generated to the city and benefits received by the developer; g. Phasing and project completion date; h. Consistency with the general plan and any applicable specific plan. In addition to the above, the director may require an applicant for a development agreement to submit such other information and supporting data as the director deems necessary to process the application. 2. Fees. The city council shall establish and from time to time amend by resolution a schedule of fees imposed for the filing and processing of each application and documentation required by this chapter. The fee may be waived in whole or in part by the city council for affordable housing that is in conformance with the general plan. about:blank 3. Who May Apply. An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such person. 4. Proposed Form of Agreement. Each application shall be accompanied by draft development agreement in form which is mutually agreed upon by the applicant and the city at a pre -proposal meeting. This requirement may be met by using the city's standard development agreement form 108 1 of 4 1/2/24, 5:14 PM La Quinta, CA Municipal Code and including specific proposals for changes in or additions to the language of the standard form. 5. Review and Filing of Application. The director shall endorse on the application the date it is received. The director shall review the application and determine if additional requirements are necessary to complete the agreement. The application may be rejected if it is not completed in the manner required by these rules. After receiving the required information, the director shall prepare a staff report. The staff report shall analyze the proposed development agreement and shall contain a recommendation as to whether or not the development agreement proposed or in an amended form would be consistent with the general plan or any applicable specific plan. Before processing the application the director shall obtain the opinion of the city attorney as to sufficiency of the applicant's interest in the real property to enter into agreement. 6. Notice of Intention. Upon completion of the staff report required by subsection (C)(5) of this section, in addition to any other notice required by law, the director shall give notice of intention to consider adoption of a development agreement. The notice shall contain: a. The time and place of the public hearing; b. A general explanation of the development agreement, including a general description of the property proposed to be developed; c. Other information that the director considers necessary or desirable. 7. Manner of Giving Notice. All notices required by these rules shall be processed in the manner provided in Section of this code. 8. Hearing and Recommendation of Planning Commission. The planning commission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention. The planning commission shall make its recommendation to the city council in writing within thirty (30) days of the date set for the public hearing. The recommendation shall include whether or not the proposed development agreement: a. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; about:blank b. Is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located; c. Is in conformity with the public necessity, public convenience, general welfare and good land use practices; d. Will be detrimental to the health, safety and general welfare; e. Will adversely affect the orderly development of property or the preservation of property values; f. Will have a positive fiscal impact on the city. 9. Hearing by City Council. After the recommendation of the planning commission or after the expiration of the time period specified in subsection (C)(8) of this section, the director shall give notice of a public hearing before the city council in the manner provided for in subsections (C)(6) and (7) of this section. 10. 109 2 of 4 1/2/24,5:14 PM La Quinta, CA Municipal Code about:blank Decision by City Council. a. After it completes the public hearing and considers the recommendation, if any, of the planning commission, the city council may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission shall not be required to hold a public hearing on matters referred back to it by the city council. b. The development agreement may not be approved unless the city council finds that the development agreement is consistent with the general plan and any applicable specific plan. 11. Approval of Development Agreement. The development agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the city shall enter into the development agreement by the execution thereof by the city manager. 12. Amendment and Cancellation. a. Either the city or the applicant or successor in interest thereto may propose an amendment or cancellation in whole or in part of the development agreement. b. The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement. c. Notwithstanding the foregoing, a proposed amendment to a development agreement to delete certain real property from the terms and conditions of the agreement and sell such property to a public entity considered by the planning commission without a noticed public hearing so long as the planning commission holds a properly noticed public hearing in connection with a proposed general plan amendment and/or zone change for such property. Upon consideration of the proposed amendment and written recommendation to the city council by the planning commission, the city council shall hold a properly noticed public hearing and consider the amendment in accordance with the same procedure for entering into a development agreement. d. Except as expressly set forth herein, each and every provision of this section concerning the procedures for processing and approval of development agreements remains in full force and effect. e. Except as provided for in subsection (C)(14)(c) of this section, the development agreement may only be amended or canceled in whole or in part by the mutual consent of all parties to the development agreement. 13. Recordation. a. No later than ten (10) days after the city enters into the development agreement, the city clerk shall record with the county recorder a copy of the development agreement. b. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for failure of the applicant to comply in good 110 3 of 4 1/2/24,5:14 PM La Quinta, CA Municipal Code faith with the terms or conditions of the agreement, the city clerk shall cause notice of such action to be recorded with the county recorder. 14. Periodic Review. a. The city council shall review the development agreement at least every twelve (12) months from the date the development agreement is entered into until expiration of the term of the agreement. b. The director shall give the applicant or successor in interest thereto at least thirty (30) days' advance notice of the time at which the city council will review the development agreement. c. The city council may refer the matter to the planning commission for further proceedings or for a report and recommendation. d. The applicant or successor in interest thereto shall demonstrate good faith compliance with the terms of the development agreement. e. If, as a result of such periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the city council may commence proceedings to enforce, modify or terminate the development agreement. 15. Modification or Termination. a. If, upon a finding under subsection (C)(1 4)(e) of this section, the city council determines to proceed with modification or termination of the development agreement, the city council shall give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain the time and place of the hearing. b. At the time set for the hearing on the modification or termination, the city council may refer the matter back to the planning commission for further proceedings or for report and recommendation. The decision of the city council shall be final. (Ord. 550§ 1, 2016; Ord, 538 § 11, 2016; Ord, 284 § 1, 1996) 111 about:blank 4 of 4 1/2/24, 5:14 PM La Quinta, CA Municipal Code Chapter 3.25 - SHORT-TERM VACATION RENTALS 3.25.010 - Title. This chapter shall be referred to as the "Short -Term Vacation Rental Regulations." (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.020 - Purpose. A. The purpose of this chapter is to establish regulations for the use of privately owned residential dwellings as short-term vacation rentals that ensure the collection and payment of transient occupancy taxes (TOT) as provided in—Chanter 3.24 of this code, and minimize the negative secondary effects of such use on surrounding residential neighborhoods. about:blank B. This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term vacation rental purposes as defined in this chapter. C. The requirements of this chapter shall be presumed to apply to any residential dwelling that has received a short-term vacation rental permit. A rebuttable presumption arises that, whenever there is an occupant(s), paying rent or not, of a residential dwelling that has received a short-term vacation rental permit, the requirements of this chapter shall apply, including but not limited to any suspension or other modifications imposed on a short-term vacation rental permit as set forth in this chapter. The city manager or authorized designee shall have the authority to implement any necessary or appropriate policies and procedures to implement the rebuttable presumption set forth in this section. ( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.030 - Definitions. For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section: "Advertise," "advertisement " "advertising," "publish, "and "publication" mean any and all means, whether verbal or written, through any media whatsoever whether in use prior to, at the time of, or after the enactment of the ordinance amending this chapter, used for conveying to any member or members of the public the ability or availability to rent a short-term vacation rental unit as defined in this section, or used for conveying to any member or members of the public a notice of an intention to rent a short-term vacation rental unit as defined in this section. For purposes of this definition, the following media are listed as examples, which are not and shall not be construed as exhaustive: verbal or written 112 I of 19 1/2/24, 4:53 PM La Quinta, CA Municipal Code about:blank announcements by proclamation or outcry, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed or poster display, billboard display, e-mail or other electronic/digital messaging platform, electronic commerce/commercial Internet websites, and any and all other electronic media, television, radio, satellite -based, or Internet website. "Applicable laws, rules and regulations" means any laws, rules, regulations and codes (whether local, state or federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term vacation rental. 'Applicant" means the owner of the short-term vacation rental unit. 'Authorized agent or representative" means a designated agent or representative who is appointed by the owner and also is responsible for compliance with this chapter with respect to the short-term vacation rental unit. "Booking transaction" means any reservation or payment service provided by a person or entity who facilitates a home -sharing or vacation rental (including short-term vacation rental) transaction between a prospective occupant and an owner or owner's authorized agent or representative. "City manager" means that person acting in the capacity of the city manager of the city of La Quinta or authorized designee. "Declaration of non-use" means the declaration described in Section 3.25.050. "Dwelling" has the same meaning asset forth in Section 9.280.030 (or successor provision, as maybe amended from time to time) of this code; "dwelling" does not include any impermanent, transitory, or mobile means of temporary lodging, including but not limited to mobile homes, recreational vehicles (RVs), car trailers, and camping tents. "Estate home"is defined as a single-family detached residence with five (5) or more bedrooms, subject to evaluation criteria and inspection of the property pursuant to Section 3.25.060(D)(1). An estate home is a sub -type of short-term vacation rental unit and shall be subject to a general short-term vacation rental permit, primary residence short-term vacation rental permit, or homeshare short-term vacation rental permit, as applicable, pursuant to this chapter. "General short-term vacation rental permit" is a type of short-term vacation rental permit that is neither a homeshare short-term vacation rental permit nor a primary residence short-term vacation rental permit. "Good neighbor brochure" means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term vacation rental units. "Homeshare short-term vacation rental permit" is a type of short-term vacation rental permit whereby the owner hosts visitors in the owner's dwelling, for compensation, for periods of thirty (30) consecutive 113 2 of 19 1/2/24, 4:53 PM La Quinta, CA Municipal Code about:blank calendar days or less, while the owner lives on-site and in the dwelling, throughout the visiting occupant's stay. "Hosting platform" means a person or entity who participates in the home -sharing or vacation rental (including short-term vacation rental) business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation, including but not limited to the Internet. "Local contactperson"means the person designated by the owner or the owner's authorized agent or representative who shall be available twenty-four (24) hours per day, seven (7) days per week with the ability to respond to the location within thirty (30) minutes for the purpose of: (1) taking remedial action to resolve any such complaints; and (2) responding to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit. A designated local contact person must obtain a business license otherwise required by Sections 3-24.-0-6-0. and.23 8.020 (or successor provisions, as may be amended from time to time) of this code. "Notice of permit modification, suspension or revocation" means the notice the city may issue to an applicant, authorized agent or representative, local contact person, occupant, owner, responsible person, or any other person or entity authorized to be issued such notice under this code for a short-term vacation rental unit, upon a determination by the city of a violation of this chapter or other provisions of this code relating to authorized uses of property subject to this chapter. "Occupant" means any person(s) occupying the dwelling at any time. "Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short- term vacation rental. "Primary residence" means a dwelling where an owner spends the majority of the calendar year on the property used as a short-term vacation rental unit, and the property is identified in the Riverside County assessor's record as the owner's primary residence. "Primary residence short-term vacation rental permit" is a type of short-term vacation rental permit whereby the short-term vacation rental unit is the owner's primary residence, as defined herein in this section. "Property" means a residential legal lot of record on which a short-term vacation rental unit is located. "Rent"has the same meaning as set forth in Section 3.24.020 (or successor provision, as may be amended from time to time) of this code. "Rental agreement" means a written or verbal agreement for use and occupancy of a privately -owned residential dwelling that has been issued a short-term vacation rental permit, including a dwelling that may have a permit which has been or is under suspension. "Responsible person" means the signatory of an agreement for the rental, use and occupancy of a short - 114 3 of 19 1/2/24,4:53 PM La Quinta, CA Municipal Code term vacation rental unit, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner(s), owner's authorized agent(s) or representative(s), local contact(s), and their guests, who shall be an occupant of that short-term vacation rental unit, who is at least twenty-one (21) years of age, and who is legally responsible for ensuring that all occupants of the short-term vacation rental unit and/or their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. Short-term vacation rental permit" means a permit that permits the use of a privately owned residential dwelling as a short-term vacation rental unit pursuant to the provisions of this chapter, and which incorporates by consolidation a transient occupancy permit and a business license otherwise required by Sections 3.24.060 and 312.8.020 (or successor provisions, as may be amended from time to time) of this code. A short-term vacation rental permit is one (1) of the following types: (1) general short-term vacation rental permit, (2) primary residence short-term vacation rental permit, or (3) homeshare short-term vacation rental permit, as defined in this section. "Short-term vacation rental unit" means a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple -family attached unit, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings and/or property and/or yard features appurtenant thereto, rented for occupancy and/or occupied for dwelling, lodging, or any transient use, including but not limited to sleeping overnight purposes for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days, by any person(s) with or without a rental agreement. "STVR" may be used by city officials as an abbreviation for "short-term vacation rental." "Suspension" means that short-term vacation rental permit that is suspended pursuant to Section 3.25.090. "Tenant"or "transient,"for purposes of this chapter, means any person who seeks to rent or who does rent, or who occupies or seeks to occupy, for thirty (30) consecutive calendar days or less, a short-term vacation rental unit. (Ord, 595 § 1(Exh. A), 6-15-2021; 0__cl. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.040 - Authorized agent or representative. about:blank A. Except for the completion of an application for a short-term vacation rental permit and business license, the owner may designate an authorized agent or representative to ensure compliance with the requirements of this chapter with respect to the short-term vacation rental unit on his, her or their behalf. Nevertheless, the owner shall not be relieved from any personal responsibility and personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such noncompliance 115 4 of 19 1/2/24, 4:53 PM La Quinta, CA Municipal Code was committed by the owner's authorized agent or representative or the occupants of the owner's short-term vacation rental unit or their guests. about:blank B. The owner must be the applicant for and holder of a short-term vacation rental permit and business license and shall not authorize an agent or a representative to apply for or hold a short-term vacation rental permit and business license on the owner's behalf. The owner's signature is required on all short- term vacation rental application forms, and the city may prescribe reasonable requirements to verify that an applicant or purported owner is the owner in fact. ( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ordw__._-_563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.050 - Short-term vacation rental permit—Required. A. The owner is required to obtain a short-term vacation rental permit and a business license from the city before the owner or the owner's authorized agent or representative may rent or advertise a short-term vacation rental unit. No short-term vacation rental use may occur in the city except in compliance with this chapter. No property in the city may be issued a short-term vacation rental permit or used as a short-term vacation rental unit unless the property is a residential dwelling that complies with the requirements of this chapter. B. A short-term vacation rental permit and business license shall be valid for one (1) year and renewed on an annual basis in order to remain valid. 1. A short-term vacation rental permit and business license renewal application shall be submitted no earlier than sixty (60) calendar days but no later than thirty (30) calendar days prior to the permit's expiration date. Failure to renew a short-term vacation rental permit as prescribed in this section may result in the short-term vacation rental permit being terminated. 2. A new owner of a property (or a new person and/or new entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) previously operated as a short-term vacation rental unit by the former owner (or by a former person or entity that owned or controlled the business or organization or other entity of any kind that continues to be the owner of the property) may not renew the previous owner's short- term vacation rental permit and shall apply for a new short-term vacation rental permit, pursuant to this chapter, if the new owner (or new person and/or new entity that owns or controls a business or organization or other entity of any kind that continues to be the owner of a property) wants to continue to use the residential dwelling as a short-term vacation rental unit. 3. If an owner or an owner's authorized agent or representative, pursuant to all applicable laws, constructs additional bedrooms to an existing residential dwelling or converts non -bedroom spaces and areas in an existing residential dwelling into additional bedrooms, the owner or owner's authorized agent or representative shall notify the city and update the short-term vacation rental unit's online registration profile upon city approval of the addition or conversion so that the city may confirm that such conversion is consistent with this chapter and the code, including all applicable provisions in Title 8 of the code, and reissue the short-term vacation rental permit so that it 116 5 of 19 1/2/24.4:53 PM La Quinta, CA Municipal Code accurately identifies the number of approved bedrooms, if the owner wants to continue to use the dwelling as a short-term vacation rental unit. The city may conduct an onsite inspection of the property to verify compliance with this chapter and the code. Code compliance inspections may be billed for full cost recovery at one (1) hour for initial inspection and in thirty (30) -minute increments for each follow-up inspection pursuant to subsection D. For purposes of this chapter, "reissue" or "reissuance" of a short-term vacation rental permit means a permit that is reissued by the city, with corrected information, as applicable, to be valid for the balance of the existing one (1) -year permit and license period. about:blank C. A short-term vacation rental permit and business license shall be valid only for the number of bedrooms in a residential dwelling equal to the number of bedrooms the city establishes as eligible for listing as a short-term vacation rental unit and shall not exceed the number of bedrooms allowable for the number of occupants as set forth inSection 3.25,070. The allowable number of bedrooms shall meet all applicable requirements under federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as may be amended from time to time) governing "additional bedrooms" and all applicable building and construction codes in Title 8 of this code. A short- term vacation rental permit shall not issue for, or otherwise authorize the use of, additional bedrooms converted from non -bedroom spaces or areas in an existing residential dwelling except upon express city approval for the additional bedrooms in compliance with this code, including Section 9.50.100 (or successor provision, as may be amended from time to time), and upon approval of an application for a new or renewed short-term vacation rental permit as provided in subsection B. D. A short-term vacation rental permit and business license shall not be issued, and may be suspended or permanently revoked, if the property, or any building, structure, or use or land use on the property is in violation of this code. The city may conduct an inspection of the property prior to the issuance or renewal of a short-term vacation rental permit and/or business license. Code compliance inspections may be billed for full cost recovery at one (1) hour for initial inspection and in thirty (30) -minute increments for each follow-up inspection. For purposes of this subsection, a code violation exists if, at the time of the submittal of an application for a new or renewed short-term vacation rental permit or business license, the city has commenced administrative proceedings by issuing written communication and/or official notice to the owner or owner's responsible agent or representative of one (1) or more code violations. For purposes of this chapter, "building," "structure," and "use or land use" have the same meanings as set forth in Section 9.280.030 (or successor provisions, as may be amended from time to time) of this code. E. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if any portion of transient occupancy tax has not been reported and/or remitted to the city for the previous calendar year by the applicable deadline for the reporting and/or remittance of the transient occupancy tax. F. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if the residential dwelling to be used as a short-term rental unit lacks adequate onsite parking. For purposes of this subsection, "adequate onsite parking" shall be 117 6 of 19 1/2/24,4:53 PM La Quinta, CA Municipal Code determined by dividing the total number of occupants commensurate with the approved number of bedrooms as provided in the table under Section 3.25.070 by four (4), such that the ratio of the total number of occupants to onsite parking spots does not exceed four to one (4:1). For example, a residential dwelling with five (5) bedrooms may permissibly host a total number of ten occupants and therefore requires three (3) on-site parking spots. Onsite parking shall be on an approved driveway, garage, and/or carport areas only in accordance with Section 3.25.070{R), and no more than two (2) street parking spots may count towards the number of on-site parking spots necessary to meet the "adequate onsite parking" requirement under this subsection. about:blank G. An owner or owner's authorized agent or representative who claims not to be operating a short-term vacation rental unit or who has obtained a valid short-term vacation rental permit and business license pursuant to this chapter, may voluntarily opt -out of the requirements of this chapter, prior to the issuance or expiration of a short-term vacation rental permit and business license that are applicable to the short-term vacation rental unit, only upon the owner, the owner's authorized agent or representative and/or the owner's designated local contact person executing, under penalty of perjury, a declaration of non-use as a short-term vacation rental unit, in a form prescribed by the city (for purposes of this chapter, a "declaration of non-use"). Upon the receipt and filing by the city of a fully executed declaration of non-use, the owner or owner's authorized agent representative shall be released from complying with this chapter as long as the property is not used as a short-term vacation rental unit. Use of the property as a short-term vacation unit after the city's receipt and filing of a declaration of non-use, is a violation of this chapter. If, after a declaration of non-use has been received and filed by the city, the owner or owner's authorized agent or representative wants to use that property as a short-term vacation rental unit, the owner shall apply for a new short-term vacation rental permit and business license and fully comply with the requirements of this chapter and the code; provided, however, that if a short-term vacation rental permit is or will be suspended on the date an owner or owner's authorized agent or representative submits to the city a declaration of non-use for the short-term vacation rental unit under suspension, then the owner may apply for a new short-term vacation rental permit and business license only after twelve (12) consecutive months have elapsed from the date of the declaration of non-use, and the owner and owner's dull wr ized dger rl ur representative otherwise shall fully comply with the requirements of this chapter and the code. ( Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. § 1, 2017; Ord. 501 § 2, 2012) 3.25.055 - Non -issuance of new short-term vacation rental permits; periodic council review. A. Commencing May 20, 2021, which is the effective date of the ordinance adding this section, there shall be no processing of, or issuance for, any applications for a new short-term vacation rental permit, required by this chapter to use or operate a short-term vacation rental unit in the city, except applications for a new a short-term vacation rental permit covering a short-term vacation rental unit that meets one (1) or more of the following: 1. A residential dwelling within a residential project located in the CT Tourist Commercial District zone, 118 7 of 19 1/2/24, 4:53 PM La Quinta, CA Municipal Code as defined in Section 9.70.070 (or successor section) of this code and depicted in the city's official zoning map. 2. A residential dwelling within a residential project located in the VC Village Commercial District zone, as defined in Section, 9.70.1 00 (or successor section) of this code and depicted in the city's official zoning map. 3. A residential dwelling within a residential project subject to a development agreement with the city, or subject to a condition of approval(s) attached to any entitlement approved by the city (including but not limited to a specific plan, subdivision map, or site development permit), pursuant to which short-term vacation rentals are a permitted use, and the residential dwelling's use as a short-term vacation rental is authorized under a declaration of covenants, conditions, and restrictions (CC&Rs), for the residential project. 4. A residential dwelling within the area covered by the SilverRock Resort Specific Plan. 5. A residential dwelling is located adjacent to the CT Tourist Commercial District zone, as defined in Section 9.70.070 and depicted in the city's official zoning map, and within the following boundaries; west of Avenida Obregon, south of the Avenida Fernando, east of Calle Mazatlan, and north of the driveway access between Calle Mazatlan and Avenida Obregon that serves as a southern boundary for the La Quinta Tennis Villas/Tennis Condos area identified on page 25 of the La Quinta Resort Specific Plan, 121 E—Amendment 5 (as may be subsequently amended from time to time). For purposes of this subsection, "adjacent to" means across the street from or accessible by a driveway or service road designed to provide access to area(s) within the CT Tourist Commercial District zone. B. The city manager or authorized designee shall have the authority to implement policies or procedures to review and verify whether an application for a new short-term vacation rental permit meets the criteria set forth in this section. about:blank C. This section shall not apply to applications for a renewal of an existing short-term vacation rental permit and business license, submitted in compliance with this chapter, including when the short-term vacation rental permit is under suspension during the time for processing the renewal application. Applications for renewals must be submitted as prescribed by this chapter. Any short-term vacation rental unit, covered by a permit that is subject to an application for renewal, which is under temporary suspension in violation of this chapter or any other provisions of this code, shall not become permitted to use the dwelling as a short-term vacation rental unit until all violations that led to the temporary suspension have been remedied and the suspension has expired. Any revoked short-term vacation rental permit shall not be eligible for renewal or new short-term vacation rental permit. D. The city council shall periodically review the impacts or effects, if any, caused by the non -issuance of new short-term vacation rental permits set forth in this section. The city manager or authorized designee shall prepare a report assessing impacts or effects, if any, for the council to review at a regular or special meeting. ( Ord. 596 § 2, 2021; Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 591 § 1(Exh. A), 4-20-2021) 3.25.060 - Short-term vacation rental permit—Application requirements. 119 8 of 19 1/2/24,4:53 PM La Quinta, CA Municipal Code about:blank A. The owner or the owner's authorized agent or representative must submit the information required on the city's short-term vacation rental permit application form provided by the city, which may include any or all of the following: 1. The name, address, and telephone number of the owner of the subject short-term vacation rental unit; 2. The name, address, and telephone number of the owner's authorized agent or representative, if any; 3. The name, address, and twenty-four (24) -hour telephone number of the local contact person; 4. The address of the proposed short-term vacation rental unit, Internet listing site and listing number; 5. The number of bedrooms shall not exceed the number of bedrooms allowable for the number of occupants as set forth in Section 3.25.070. The allowable number of bedrooms shall meet all applicable building and construction requirements under federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as may be amended from time to time) governing "additional bedrooms" and all applicable building and construction codes in Title 8 of this code; 6. Acknowledgement of receipt of all electronically distributed short-term vacation rental information from the city, including any good neighbor brochure; 7. The owner or owner's authorized agent or representative who has applied for a short-term vacation rental permit shall provide the city with written authorization that issuance of a short-term vacation rental permit pursuant to this chapter is not inconsistent with any recorded or unrecorded restrictive covenant, document, or other policy of a homeowner association (HOA) or other person or entity which has governing authority over the property on which a short-term vacation rental unit will be operated; in furtherance of this requirement, there shall be a rebuttable presumption that an owner or owner's authorized agent or representative does not have written authorization for the issuance of a short-term vacation rental permit if a HOA or other person or entity which has governing authority over the property has submitted to the city a duly -authorized official writing, which informs the city that short-term vacation rentals of thirty (30) consecutive days or less are not permitted on the property applying for a short-term vacation rental permit; and 8. Such other information as the city manager or authorized designee deems reasonably necessary to administer this chapter. B. The short-term vacation rental permit application shall be accompanied by an application fee as set by resolution of the city council. A short-term vacation rental permit and business license shall not be issued or renewed while any check or other payment method cannot be processed for insufficient funds. C. The city may determine the maximum number of bedrooms in a residential dwelling with multiple bedrooms eligible for use as a short-term vacation rental unit upon issuance of a short-term vacation rental permit. When determining the maximum number of bedrooms eligible for use as short-term vacation rentals, the city shall consider the public health, safety, and welfare, shall comply with building 120 9 of 19 1/2/24,4:53 PM La Quinta, CA Municipal Code and residential codes, and may rely on public records relating to planned and approved living space within the residential dwellings, including, but not limited to, title insurance reports, official county records, and tax assessor records. Owners of residential dwellings that exceed five thousand (5,000) square feet of developed space on a lot may apply for additional bedrooms. An owner and/or owner's authorized agent or representative may not advertise availability for occupancy of a short-term vacation rental unit for more than the approved number of bedrooms listed in the short-term vacation rental permit issued by the city pursuant to this chapter. In addition to any other rights and remedies available to the city under this chapter, the first violation for failing to advertise the approved number of bedrooms may be subject to a fine by an administrative citation, and a second or subsequent violation for failing to advertise the approved number of bedrooms may result in a revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in 5eaion 3.25.100. D. Short-term vacation rental permit applications shall comply with the following: about:blank 1. A short-term vacation rental permit application for the estate home shall be subject to evaluation and inspection of the property to ensure that the short-term vacation rental unit will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties in the vicinity. Evaluation and inspection shall include, but not be limited to: verification of the number of bedrooms, adequate on-site parking spaces, availability of nearby street parking, physical distance of the estate home from adjacent properties, such as location and distance of outdoor gathering spaces, pools, and other living spaces from neighboring properties. The city manager, or designee, shall have the authority to impose additional conditions on the use of the estate home as a short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated. 2. A short-term vacation rental permit application may be denied if the applicant has failed to comply with application requirements in this chapter, or has had a prior short-term vacation rental permit for the same unit revoked within the past twelve (12) calendar months. In addition, upon adoption of a resolution pursuant to subsection H, the city may limit the number of short-term vacation rental units in a given geographic area based on a high concentration of short-term vacation rental units. The city shall maintain a waiting list of short-term vacation rental permit applications for such geographic areas where the city determines, based on substantial evidence after a noticed public hearing and public hearing, there is a higher than average concentration of short-term vacation rental units that either affects the public health, safety, and welfare or significantly negatively impacts the character and standard of living in a neighborhood within that geographic area, or both. E. Short-term vacation rental permit applications may take up to, and the city shall have, thirty (30) calendar days to process. An application for a renewal of a short-term vacation rental permit and business license should be submitted at least thirty (30) calendar days prior to the existing permit's expiration to allow sufficient time for the city to process the renewal application. Nothing in this subsection or chapter shall be construed as requiring the city to issue or deny a short-term vacation 121 10 of 19 1/2/24,4:53 PM La Quinta, CA Municipal Code rental permit in less than thirty (30) calendar days, as no permit shall be issued until such time as application review is complete. No short-term vacation rental use may occur in the city without a valid short-term vacation rental permit is issued in accordance with this chapter. about:blank F. Upon a change of ownership of a property (or upon a new person and/or new entity owning or controlling a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) licensed to operate as a short-term vacation rental unit, the owner or owner's authorized agent or representative shall notify the city of such change immediately. The existing short-term vacation rental permit shall be terminated and the property must cease operating as a short-term vacation rental immediately. Failure to comply may result in a fine of one thousand dollars ($1,000.00) per day for a continuing violation of this subsection F. G. Immediately upon a change of an owner's authorized agent or representative, local contact, or any other change pertaining to the information contained in the short-term vacation rental application, the owner or owner's authorized agent or representative shall update the short-term vacation rental unit's online registration profile used by the city for the implementation of the short-term vacation rental regulations. Failure to update immediately this information may result in a violation of this chapter, including but not limited to a suspension or revocation of a short-term vacation rental permit, until all information is updated. H. The city manager or authorized designee shall prepare, for adoption by resolution by the city council, a review procedure and criteria to evaluate the limitation for issuance of STVR permits and/or STVR applications for geographic areas within the city as set forth in subsection D. ( Ord. 590 § 1(Exh. A), 3-16-2021; Orf. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord.__553 § 1, 2017; Ord. 501 § 2, 2012) 3.25.065 - Short-term vacation rental permit—Grounds for denial. 122 11 of 19 1/2/24,4:53 PM La Quinta, CA Municipal Code A. In addition to any other grounds provided in this chapter, an application (including renewal application) for a short-term vacation rental permit may be denied if use of the short-term vacation rental unit has been, will be, or is apt to become any one (1) or more of the following. 1. Prohibited by any local ordinance or by any state or federal law, statute, rule or regulation; 2. A public nuisance; 3. In anyway detrimental to the public interest; 4. Prohibited by zoning laws and ordinances. B. An application (including renewal application) for a short-term vacation rental permit may also be denied on the grounds that the applicant has knowingly made a false statement in a material matter either in his/her/their application or in his/her/their testimony before the city manager or other body hearing such testimony. C. This section is intended to be, and shall be construed as being, in alignment with the grounds for denial of a business license set forth in Section 3.28.080 (or successor section) of this code. ( Ord. 591 § 1(Exh. A), 4-20-2021) 3.25.070 - Operational requirements and standard conditions. A. The owner and/or owner's authorized agent or representative shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. 1. An estate home may be established for short-term vacation rental use subject to evaluation and inspection of the property pursuant to Section 3.25.060(D)(1). 2. An estate home established for short-term vacation rental use is required to be equipped with a noise monitoring device(s) that is operable at all times. about:blank B. The responsible person(s) shall be an occupant(s) of the short-term vacation rental unit for which he, she or they signed a rental agreement for such rental, use and occupancy, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner, owner's authorized agent or representative, local contact(s) and their guests. No non -permanent improvements to the property, such as tents, trailers, or other mobile units, may be used as short-term vacation rentals. The total number of occupants, including the responsible person(s), allowed to occupy any given short-term vacation rental unit may be within the ranges set forth in the table below. By the issuance of a short-term vacation rental permit, the city or its authorized designees, including police, shall have the right to conduct a count of all persons occupying the short-term vacation rental unit in response to a complaint or any other legal grounds to conduct an inspection resulting from the use of the short-term vacation rental unit, and the failure to allow the city or its authorized designees the ability to conduct such a count may constitute a violation of this chapter. The city council may by resolution further restrict occupancy levels provided those restrictions are within the occupancy ranges set forth below. 123 12 of 19 1/2/24, 4:53 PM La Quinta, CA Municipal Code Number of Bedrooms 0—Stu d i o 1 Total of Overnight* Occupants 2 2-4 Total Daytime** Occupants (Including Number of Overnight Occupants) 2-8 2-8 4-8 6-12 8-16 10-18 12-20 14-20 16-22 18-24 about:blank *Overnight (10:01 p.m. -6:59 a.m.) **Daytime (7:00 a.m.-10:00 p.m.) C. The person(s) listed as the local contact person in the short-term vacation rental unit's online registration profile shall be available twenty-four (24) hours per day, seven (7) days per week, with the ability to respond to the location within thirty (30) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit or their guests. The person(s) listed as a local contact person shall be able to respond personally to the location, or to contact the owner or the owner's authorized agent or representative to respond personally to the location, within thirty (30) minutes of notification or attempted notification by the city or its authorized short-term vacation rental designated hotline service provider. No provision in this section shall obligate the city or its authorized short-term vacation rental designated hotline service provider to attempt to contact any person or entity other than the person(s) listed as the local contact person. D. The owner, the owner's authorized agent or representative and/or the owner's designated local contact 124 13 of 19 1/2/24,4:53 PM La Quinta, CA Municipal Code person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable or unlawful noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit. about:blank E. Occupants of the short-term vacation rental unit shall comply with the standards and regulations for allowable noise at the property in accordance with Sections -9.1 00.210 and 11.08.040 (or successor provision, as may be amended from time to time) of this code. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short-term vacation rental unit between the hours of 10:00 p.m. and 7:00 a.m. Pacific Standard Time. Observations of noise related violations shall be made by the city or its authorized designee from any location at which a city official or authorized designee may lawfully be, including but not limited to any public right-of-way, any city -owned public property, and any private property to which the city or its authorized designee has been granted access. F. Prior to occupancy of a short-term vacation rental unit, the owner or the owner's authorized agent or representative shall: 1. Obtain the contact information of the responsible person; 2. Provide copies of all electronically distributed short-term vacation rental information from the city, including any good neighbor brochure to the responsible person and post in a conspicuous location within the short-term vacation rental unit, in a manner that allows for the information to be viewed in its entirety; and require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit. This information shall be maintained by the owner or the owner's authorized agent or representative for a period of three (3) years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of this code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. G. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall, upon notification or attempted notification that the responsible person and/or any occupant and/or guest of the short-term vacation rental unit has created unreasonable or unlawful noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, promptly respond within thirty (30) minutes to immediately halt and prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner, the owner's authorized agent or representative and/or the owner's designated local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term vacation rental unit within thirty (30) minutes, shall be subject to all administrative, legal and equitable remedies available to the city. 125 14 of 19 1/2/24,4:53 PM La Quinta, CA Municipal Code H. Reserved. I. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days. The owner, the owner's authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of—Chapter 6.04 (Solid Waste Collection and Disposal) (or successor provision, as may be amended from time to time) of this code. J. Signs may be posted on the premises to advertise the availability of the short-term vacation rental unit as provided for in Chapter 9.1.60 (Signs) (or successor provision, as may be amended from time to time) of this code. K. The owner, authorized agent or representative and/or the owner's designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good neighbor brochure in a conspicuous place within the short-term vacation rental unit, and a copy of the good neighbor brochure shall be provided to each occupant of the subject short-term vacation rental unit. L. Unless otherwise provided in this chapter, the owner and/or the owner's authorized agent or representative shall comply with all provisions of Chapter 3.24 concerning transient occupancy taxes, including, but not limited to, submission of a monthly return in accordance with Section 3.24.080 (or successor provisions, as may be amended from time to time) of this code, which shall be filed monthly even if the short-term vacation rental unit was not rented during each such month. about:blank M. Guesthouses, detached from the primary residential dwelling on the property, or the primary residential dwelling on the property, may be rented pursuant to this chapter as long as the guesthouse and the primary residential dwelling are rented to one (1) party. N. The owner and/or the owner's authorized agent or representative shall post the number of authorized bedrooms and the current short-term vacation rental permit number at the beginning or top of any advertisement that promotes the availability or existence of a short-term vacation rental unit. In the instance of audio -only advertising of the same, the short-term vacation rental permit number shall be read as part of the advertisement. O. The owner and/or owner's authorized agent or representative shall operate a short-term vacation rental unit in compliance with any other permits or licenses that apply to the property, including, but not limited to, any permit or license needed to operate a special event pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time) of this code. The city may limit the number of special event permits issued per year on residential dwellings pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time). P. The city manager, or designee, shall have the authority to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated, including, but not limited to, a mitigating condition that would require the installation of a noise monitoring device to keep time - stamped noise level data from the property that will be made available to the city upon city's reasonable request. 126 15 of 19 1/2/24,4:53 PM La Quinta, CA Municipal Code Q. The standard conditions set forth herein may be modified by the city manager, or designee, upon request of the owner or the owner's authorized agent or representative based on site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term vacation rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. R. On-site parking shall be on an approved driveway, garage, and/or carport areas only; this section does not impose restrictions on public street parking regulations. Recreational vehicles may be parked in accordance with the provisions set forth in -section 9.60.130 (or successor provision, as may be amended from time to time) of this code. ( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord, 501 § 2, 2012) 3.25.080 - Recordkeeping and hosting platform duties. A. The owner or the owner's authorized agent or representative shall maintain for a period of three (3) years, records in such form as the tax administrator (as defined in Chapter 3.24) may require to determine the amount of transient occupancy tax owed to the city. The tax administrator shall have the right to inspect such records at all reasonable times, which may be subject to the subpoena by the tax administrator pursuant to Section 3.24.140 (Records) (Transient Occupancy Tax) (or successor provisions, as may be amended from time to time) of this code. B. Hosting platforms shall not complete any booking transaction for any residential dwelling or other property purporting to be a short-term vacation rental unit in the city unless the dwelling or property has a current and valid short-term vacation rental permit issued pursuant to this chapter, which is not under suspension, for the dates and times proposed as part of the booking transaction. about:blank 1. The city shall maintain an online registry of active and suspended short-term vacation rental permits, which hosting platforms may reference and rely upon for purposes of complying with subsection B. If a residential dwelling or other property purporting to be a short-term vacation rental unit matches with an address, permit number, and/or current and valid permit dates (not under suspension) set forth in the city's online registry, the hosting platforms may presume that the dwelling or other property has a current and valid short-term vacation rental permit. 2. The provisions of this subsection B shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s). ( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord, 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 127 16 of 19 1/2/24,4:53 PM La Quinta, CA Municipal Code 3.25.090 - Violations. A. Additional Conditions. A violation of any provision of this chapter or this code by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, shall authorize the city manager, or designee, to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential additional violations are avoided. B. Permit Modification, Suspension and Revocation. A violation of any provision of this chapter, this code, California Vehicle Code, or any other applicable federal, state, or local laws or codes, including, but not limited to, applicable fire codes and the building and construction codes as set forth in Tale R of this code, by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, shall constitute grounds for modification, suspension and/or revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100. C. Notice of Violation. The city may issue a notice of violation to any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or representative, or hosting platform, pursuant to Section 1.01.300 (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. about:blank D. Two (2) Strikes Policy. Subject to a minor violation reprieve request, two (2) violations of any provision of this chapter or this code within one (1) year by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, with respect to any one (1) residential dwelling shall result in an immediate suspension of the short-term vacation rental permit with subsequent ability to have a hearing before the city, pursuant to this chapter, to request a lifting of the suspension. For purposes of this subsection, a "minor violation reprieve request" means a written request submitted to the city's code enforcement officer for relief from counting one (1) or more violations within the one (1) year period as a minor violation, and "minor violation" means a violation of a particular section of this code that resulted in minimal impact on the use and enjoyment of the adjacent and nearby properties caused by any of the following: 1. Minor debris or trash containers left in view as a first offense; 2. A short-term vacation rental permit number or bedroom count not posted on an advertisement as a first offense; 3. A short-term vacation rental permit number or bedroom count posted in the wrong location on an advertisement as a first offense; or 4. Over occupancy due to a minor child not associated with a disturbance. A determination of whether a code violation is a minor violation shall be based on substantial evidence presented to the code enforcement officer relating to that violation. Administrative and Misdemeanor Citations. The city may issue an administrative citation to any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or 128 17 of 19 1/2/24,4:53 PM La Quinta, CA Municipal Code representative, or hosting platform, pursuant to—Chanter 1.09 (Administrative Citations) (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. An administrative citation may impose a fine for one (1) or more violations of this chapter in the maximum amount allowed by state law or this code in which the latter amount shall be as follows: 1. General STVR Violations (Occupancy/Noise/Parking). a. First violation: one thousand dollars ($1,000.00); b. Second violation: two thousand dollars ($2,000.00); c. Third violation: three thousand dollars ($3,000.00). 2. Operating a STVR Without a Valid Short -Term Vacation Rental Permit. a. First violation: three thousand dollars ($3,000.00); b. Second or more violations: five thousand dollars ($5,000.00); about:blank c. In addition to the fine set forth above, the first violation of operating a SNR without a valid short-term vacation rental permit shall be cause for an owner (or person and/or entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) to be prohibited for all time from being eligible to be issued a short-term vacation rental permit and/or business license for use of a property as a short-term vacation rental unit. 3. Hosting a Special Event at a SNR Without a Special Event Permit as Required by Section 9.60.170 (or Successor Provision, as May Be Amended From Time to Time) of This Code. a. First violation: five thousand dollars ($5,000.00); b. Second violation: five thousand dollars ($5,000.00). F. Public Nuisance. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person or entity to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Section 1.01.250 (Violations public nuisances) (or successor provisions, as may be amended from time to time) of this code. ( 0 rd. 590 § 1(Exh. A), 3-16-2021; Ord. 5.86 § 1(Exh. A), 12-15-2020; Ord. 578 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.100 - Appeals. A. Any person aggrieved by any decision of a city officer made pursuant to this chapter may request a hearing before the city manager in accordance with Chapter 2.08 (or successor provisions, as may be amended from time to time) of this code. B. Notwithstanding any provisions in_5eUian_2_Q8.230 or otherwise in the code, the decision by the city manager of an appeal brought under this chapter shall be the final decision by the city for any violation of a short-term vacation rental permit issued under this order, except for any administrative citation 129 18 of 19 1/2/24, 4:53 PM La Quinta, CA Municipal Code imposing a fine, which shall be processed and subject to an administrative appeal pursuant toCb-apl x 1.09 of the code. ( Ord. 590 § 1(Exh. A), 3-16-2021; ard. 586_§ 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017) 130 about:blank 19 of 19 1/2/24,4:53 PM STUDY SESSION ITEM NO. 2 City of La quints CITY COUNCIL MEETING: July 20, 2021 STAFF REPORT AGENDA TITLE: DISCUSS SHORT TERM VACATION RENTAL NOISE COMPLIANCE DEVICE PILOT PROGRAM RESULTS AND FINDINGS RECOMMENDATION Discuss report on noise compliance device pilot program results and findings and provide direction to staff. EXECUTIVE SUMMARY At the January 27, 2021 meeting, Council directed staff to conduct a noise monitoring device pilot program, which commenced on March 15, 2021 and ended June 15, 2021. • Staff prepared the pilot program outline (Attachment 1), which looked to see whether noise compliance devices are effective in noise mitigation. • Minut, NoiseAware, and Party Squasher are all major players in this industry and actively participated in the pilot including providing devices to La Quinta Short Term Vacation Rental (STVR) permit holders at no cost. • This report includes a survey response from participants as well as an assessment of each company's devices. FISCAL IMPACT - None BACKGROUND /ANALYSIS At Council's direction, the STVR Ad Hoc Committee was formed in February of 2020 resulting in a series of recommendations to Council in the Fall of 2020 which included modifications to noise requirements of STVR properties. Before making any modifications, staff recommended the initiation of a noise compliance device pilot program to assess the effectiveness of this technology and report back with the results to Council. 131 Staff developed the outline enclosed as Attachment 1, which provided expectations to the companies, parameters for participation, and identified areas of assessment for the devices. In February 2021, staff published an interest questionnaire to STVR permit holders listed in the City's STVR registration system. A total of 95 requests to participate were submitted; 25 properties were selected, and 5 were waitlisted. The 25 properties were located across the City and organized by community: PGA West, north of Highway 111, Cove, and central La Quinta. The devices were installed, and the Pilot commenced on March 15, 2021. Staff conducted weekly check -ins with each vendor to assure devices were in working order and analyze recent data and activity. Staff also scheduled a series of meetings with participants and created a survey with responses to each company's device (Attachment 2). The focus of the Pilot was to assess the device's effectiveness on mitigating noise and occupancy. The report (Attachment 3) contains the assessment of each vendor with additional reports provided by them directly. Some of the key findings include: • Noise monitoring devices proved effective in assisting a local contact's response to a noise event. • Of the 358 noise events registered by the noise devices, only 4 complaints were generated with 3 of them confirmed as no violation and 1 addressed by the local contact. • Occupancy tracking proved to be an effective early detection tool for local contacts in monitoring their property. • 83% of outdoor noise events were addressed under 30 minutes (with 72% of those addressed within 10 minutes). • 83% of indoor noise events were addressed under 20 minutes (with 68% of those addressed within 10 minutes). • All three devices have multiple contact enabled notification system with escalation mechanisms. Through the pilot program, all three vendors found innovations and enhancements to their product, which improves the effectiveness of the devices. The La Quinta Municipal Code (LQMC) requires a noise monitoring device be always operable for estate homes. Additionally, LQMC allows the City to require a noise monitoring device as a mitigation condition on STVR properties. Should the Council require these of more or all STVRs, staff recommends future LQMC revisions to incorporate knowledge gained from the 132 pilot to make the devices more effective in STVR compliance matters including: • Expand the technology type to include occupancy as this industry is constantly innovating. • Require devices to be professionally installed or provide parameters and approval process for where they are placed on the property. • Since outdoor noise is most likely to generate complaints, require devices to also be installed outdoor. NoiseAware has an approved outdoor device and Minut will be deploying one in the Fall of 2021. • Require the notification and escalation mechanism be activated to contact the local contact. • Encourage integrations with hosting platforms and other providers in this industry. • Upon request due to a complaint or code action, that the SNR permit holder provide their device data to validate a noise event that triggered a complaint to the hotline. Should Council decide to move in this direction, an ordinance revision can be brought back for consideration at the September 21, 2021, Council Meeting. Additionally, Party Squasher has expressed interest in further testing their product on estate properties during the weekends of the 2022 music festivals, which is typically where large parties take place that generate complaints. NoiseAware is interested in partnering with the City on enhancing the current STVR hotline process and response. Minut has an active pilot program taking place in Europe on their own in-person compliance response that they would like to test in La Quinta. Overall, these devices will enhance the SNR program. Prepared by: Chris Escobedo, Community Resources Director Approved by: Jon McMillen, City Manager Attachments: 1. Noise compliance device pilot program outline 2. Participant survey responses on devices 3. Assessment of devices report 133 134 ' ----ATTACHMENT I Aft .�Jo*ise Monitoring — 47 SO AF AF NSA AF AW N AF Aff Program Overview PURPOSE To confirm whether noise compliance devices are effective in noise mitigation. WHO'S INVITED TO THE PROGRAM? Everyone is eligible to apply. City will create an interest list and review applicants. CITY WILL CATEGORIZE PROPERTIES BY THE FOLLOWING: • Size of property • PGA West • Cove • N. of HWY 111 • Homes with Pools • Houses with several neighbors • STVR managed by property management company • Does landlord live on site? • Does landlord live far from STVR? LQ 136 Program Overview PROGRAM RULES • Participant must agree to install device for period of time • Provide City with information from the device • Participant keeps device at the end of the Pilot • Landlord must use device correctly and honestly • Participants will not get cited unless egregious incident occurs NUMBER OF DEVICES TO BE INSTALLED • 1 room Minut device • 1 NoiseAware device • 1 Party Squasher device • Total of 3 devices and both devices installed in same household DEVICE PLACEMENT • Near a swimming pool • Near sliding door (indoor or outdoor) • Near back patio door • Back patio • Living room LQ 137 Program Overview TIMELINE Secure agreement with noise monitoring device companies in January and take to Council early June. SCHEDULE - INITIATES WHEN GOV STAY AT HOME ORDERS END. STEPS LISTED CHRONOLOGICALLY: • Meet w th Noise Aware • Meet w th Room Monitor • Secure an Agreement • Select Properties • Initiate Pilot Program • 1st Team Check -In • Pilot Program Month 2 • 2nd Team Check -In • Pilot Program Month 3 • 3rd and Final Team Check-in • Data Assessment • Pilot Program Debrief • Debrief with Noise ware and Room Monitor • Staff report • Present at Council LQ 139 Program Overview QUESTIONS STAFF HOPES TO ANSWER • How early does system detect issue? Q •-- ,_ M — • How long does it take for the Property Owner to respond? • Which device captures noise/occupancy fastest? = e N •_w ._ 5� • How does each device count occupancy in real time? • Does it make a difference? ^ --• » • -- f ter. N • . ...-rM- .» .... • Can it resolve issue before neighbor calls hotline? • Does it keep an issue from escalating? • If device(s) are effective, will problem properties be mandated to use? LQ 139 Milestones STVR PILOT PROGRAM • Secure Agreements - 2/5/2021 • Secure 25 Participants - 2/24/2021 • Install devices - 2/26 - 3/5 • Initiate Pilot Program - 3/15/2021 • Secure Weekly Meetings - 3/18/21 • Pilot Program Month 1 4/15/21 • Assess Staff's Questions at Pilot Halfway Point 4/26 - 4/30 • Discuss Pilot Insights 4/29/21 • Reconf rm All Devices In Working Order 5/7/21 • Pilot Concludes - 6/15/21 • Data Assessment - 6/16 - 6/23 • Pilot Program Staff Debrief - 6/24 - 6/25 • Debrief with Vendors - 6/28 - 6/29 • Staff report - June 2021 • Present at Council - July 2021 LO 140 Survey Responses of Pilot Program Participants ATTACHMENT 2 Minut NoiseAware Party Squasher Please rate Minut device's EASE OF USE. Please rate NolseAware's EASE OF USE. Please rate Party Squasher's EASE OF USE. 25responses 25 responses 25 responses Please rate Minut device's ALERT ACCURACY. 25responses ■ Very Easy 0 Easy Indifferent 0 Somewhat Dtllicult 0 Very Difficult 49 Very Accurate 0 SdmewfmalAccmft unaccurate 0 Extremely Unaccurate Please rate how easy Minut device's INSTALLATION 6 SET UP is. 25 responses *Minut installed the devices for the participants 0 very Easy Somewhat Easy Somewhat DtlfieuR 0 Very Difficult ® Very Easy Easy kmdrtererd Somewhat D fileult 0 very DflfiM Please rate NoiseAware device's ALERT ACCURACY. 25responses to Very accurate '.e Somewhat Accurate Lkiaccrrete 0 Ext rarely Unaccurate Please rate how easy NoiseAware device's INSTALLATION 6 SET UP is. 25responses *NoiseAware installed the devices for the participants 0 Very Easy 0 somewhat Easy Somewhat Dtacult 0 Very DlacrE * Very Easy ., Easy trm6lferermt i� Somewhat Difficult 0 very Dfaalt Please Rate Party Squasher device's ALERT ACCURACY, 25 responses 0 Very Acc nate ?,'SomewMl Accurate Unaccmrate 0 Extremely Unaccurele 1W Please rate how easy Party Squasher's INSTALLATION & SET UP IS. 25 responses *Party Squasher's responses reflect self -install by the participant 1p very Easy 40 Somewhat Easy Somewhat DIRarN e very DMlalt 'D n x 3 M Z 1 N 141 Minut NoiseAware Party Squasher How satisfied are you with Minut's CUSTOMER SERVICE? How satisfied are you with NoiseAware's CUSTOMER SERVICE` How satisfied are you with Party Squasher's Customer Service? 25 responses 25 responses I 25responses 10 Very Satisfied Satislfied Indifferent 0 Unsatisfied A Very Unsabslfed Please rate how informa-ive Minut's HOW-TO VIDEOS are. 25 responses i Very Informative •9 Sornewhat Informative Unilonnative Extremely Uninfomrative How useful do you find the Minut device to MONITOR SOUND? 25 responses Extremely Useful Useful Indifferent e Not Useful 0 Extremely Not Useful V Very Satisfied ? Satisfied indifferent +i Unsatisfied 15� Very Unsatisfied Please rate how informa ive NoiseAware's HOW-TO VIDEO are. 25 responses A Very I ft alive 9 Somewlml Informative Uninformative 4 6Memety Urdnlormetive Please rate ow, informative Party Squasher's HOW-TO VIDEOS are. 25 responses ® very tidonnetive U Somewhat tiJorrnetive Uninbrrrmtive IV Extremely Uninforlative How useful do you find the NoiseAware device to MONITOR SOUND? How useful do you find the Party Squasher device to MONITOR OCCUPANCY LEVELS? 25 responses 25 responses i♦ Enamnely Useful i useful i Indifferent • Not useful 0 F,"mefy Not Useh 0 Extremely Useful C+ UsefiA Indifferent Not Useful i Extremely Not Useful 142 df Very Satisfied Q Satiefied Indifferent igUnsatiefied 0 very Unsatisfied Y�i7-VI S• Please rate ow, informative Party Squasher's HOW-TO VIDEOS are. 25 responses ® very tidonnetive U Somewhat tiJorrnetive Uninbrrrmtive IV Extremely Uninforlative How useful do you find the NoiseAware device to MONITOR SOUND? How useful do you find the Party Squasher device to MONITOR OCCUPANCY LEVELS? 25 responses 25 responses i♦ Enamnely Useful i useful i Indifferent • Not useful 0 F,"mefy Not Useh 0 Extremely Useful C+ UsefiA Indifferent Not Useful i Extremely Not Useful 142 Minut How often do you respond to Minut's ALERTS? 25 responses 0 Never Sortrcfknes Always 971 NoiseAware How o 1, c,. do you respond to NoiseAware's ALERTS? 25 responses *Note: Minut and NoiseAware monitor noise; Party Squasher detects wifi enabled of devices to estimate people at property 6 Never 0 sometknes AM" Party Squasher How often do you respond to Party Squasher's ALERTS? 25 responses / Neva fa Sornelimes P AM%% 143 144 Noise Compliance Device Pilot Program Assessment of Devices Introduction ATTACHMENT 3 The City initiated a Pilot Program, on March 15, 2021, to study whether noise compliance devices have an impact on the number of short-term vacation rental noise complaints. NoiseAware, Minut, and Party Squasher partnered with the City and each company has a device that promises to mitigate issues and increase accountability of the property owner operating the short-term vacation rental. A key distinction in the companies is that NoiseAware and Minut are focused on reducing noise issues. Party Squasher's purpose is to prevent parties from taking place and provides an order of magnitude of people at a given location by detection of number of Wi-Fi enabled devices at the property. Twenty-five short-term vacation rental properties were selected to participate in the Pilot Program and had devices supplied by the three companies. With the consent of the property owner, the City monitored all devices since the inception of the Pilot Program, met with each of the companies on a regular basis to review the data, and held pilot program participant feedback sessions. Questions the Pilot Sought to Answer Before the Pilot Program launched, the City identified the following questions to assess: • How early does a system detect an issue? • How long does it take for the landlord to respond? • Which device captures noise fastest? • How does each device measure noise in real time? • Does it make a difference? • Can it resolve an issue before a neighbor calls the STVR hotline? • Does it keep an issue from escalating? ® If the device(s) are effective, will problem properties be mandated to use? These questions are answered below with supporting documentation. The Pilot concluded on June 15 and ran for a full 90 days. Here is an assessment of each objective, based on the data collected and observations by City staff: How early does a system detect an issue? Minut • Minut monitors indoor noise in real time by measuring the level of decibels and alerting the property owner when noise breaks the threshold. The device gives flexibility on the level of the threshold to detect an issue, but for the purpose of the Pilot the device is 145 programmed to mirror the City's municipal code (Exhibit A) and detect an issue when noise exceeds 75 decibels. However, to avoid false alarms, noise such as a plate breaking, must be sustained above the 75 decibels for a minimum of ten minutes to be considered an issue. Once the device is triggered, it automatically sends the property owner an alert. Noise Aware • NoiseAware monitors indoor and outdoor sound in real time by using a proprietary noise monitoring system called a Noise Risk Score (NRS) and alerting the property owner when noise levels break the threshold. NRS goes beyond the measurement of only decibels and factors in other elements to provide deeper insight - the other factors are a trade secret (Exhibit B). This device also gives flexibility on the level of the threshold to detect an issue and the device was programmed to parallel or exceed the City's municipal code decibel standards - 65 decibels outdoors from 7:00 a.m. to 10:00 p.m.; 50 decibels outdoors from 10:00 p.m. to 7:00 a.m.; and 75 decibels indoors 24/7. To avoid false alerts, elevated noise must also be sustained for at least 5 minutes. Party Squasher • Party Squasher is a device that counts occupancy in a real time manner by using the detection of wi-fi devices (commonly smartphones) as a proxy for the presence of people and alerts the property owner when the threshold is broken. This device also gives flexibility on the level of the threshold to detect an issue and was programmed to mirror the City's municipal code (Exhibit Q. Unlike the municipal code regarding noise, the occupancy limit municipal code is specific to the number of bedrooms and time of day and each property was programmed accordingly. The device's system only provides an exact number of devices and estimates the number of people based on their algorithm. As a result, participants mentioned they have a challenging time identifying an issue using this system because there may be less people in the home than what the system displays. How long does it take for the landlord to respond? Noise Monitoring This is perhaps the most challenging aspect of the Pilot Program. The devices do an adequate job monitoring sound through the devices microphone and notifies the property manager of excessive noise issues. However, there is no feature that confirms that the property owner acted. By viewing the activity of the property, you can see fluctuations in the noise levels after the device sends an alert, but the technologies do not specifically have a prompt that confirms the property owner acted as a direct result of the notification. This would be a beneficial feature for the companies to explore as it is difficult to 146 determine what happens after the device sends a message, let alone confirm that the issue was resolved due to the action of the property owner. NoiseAware deployed 51 devices at the 25 properties as NoiseAware is currently the only company that has devices safety -certified for outdoor use. Both NoiseAware and Minut have fire resistant rated devices for indoor use. NoiseAware's devices detected 358 noise events during the pilot, and it took 18 minutes on average for the noise event to be resolved (compared to 50+ minutes without intervention in comparable NoiseAware pilots). In a pilot program that was conducted in Scottsdale, Arizona with NoiseAware, they found the time to resolution before alerts enabled was 42.43 minutes and after alerts enabled the time to resolve the issue dropped to 21.78 minutes. Scottsdale City Pilot Before Alvh EluWed NJ N-A—Al— C -D" Tmm In R•Win'i�� ~� Tnrc to R-1,:tiw 5 ~ { f There were 294 (82.1%) outdoor noise events with average time to resolve of 17.9 minutes. 71.8% of outdoor noise events were resolved in ten minutes or less. 10.9% of noise events lasted 11-29 minutes and 17% were 30+ minutes. 30 17 11 Duration of Outdoor Noise Events An estimated 20% of outdoor alerts may be attributed to high wind or activities such as trash and lawn services. These alerts were significantly reduced during the final 60 days by tuning noise thresholds and installing wind filters at five properties. 147 Frequency of Outdoor Noise Alerts 140 130 120 110 10o 90 90 70 so 50 Fro 30 Days Second 30 Oat's Final 30 Days Minut deployed 25 devices at the 25 properties. Minut devices detected 263 noise events with 68% of them lasting less than 10 minutes. The break down for the remaining noise events was 14.8% of them lasting 11-20 minutes and 16.7% lasting 25+ minutes. While Minut does not currently have a safety -certified outdoor device, they plan to deploy one later in 2021. Noise events 25+ F` Noise events 11-20 Noise events 0-10 Minut has a sophisticated notification and escalation capability that was activated during the pilot program period. They can notify the property owner through the app, short messaging service (SMS), auto call, and their device does a flash and sound if the escalation outreach are not met. If a noise event exceeded the decibel threshold for 10+ minutes then a notification via app goes out, if it continues after 20+ minutes a notification via app and a SMS goes out, if it continues after 25+ minutes, a notification via app, SMS, autocall goes off and the device flashes and emits sound until its resolved. In discussions with Minut, the notification interval can be adjusted per City standards, and they are exploring the capability of it being able to call to the City's STVR complaint hotline. Minut can directly notify the guest as well and they have an integration with Guesty where the guest information is automatically populated into the Minut system. NoiseAware also has a notification and escalation capability that automatically notifies property owners via the app, SMS, and/or an email. They are exploring the ability to connect with the City's hotline and in the future, they can also contact the guest with their professional call center service called NightAgent. 148 NoiseAware will be able to support automation with integration platforms later in 2021. Both companies can have multiple contacts notified of alerts in their respective systems. Occupancy Counting Party Squasher displays the estimated number of devices in the home, but just like the noise monitoring devices there is no feature that confirms that the property owner acted. Some property owners have mentioned that it is hard to trust when Party Squasher alerts of an issue and others mention they look at cameras already on the property to confirm the number of guests. One key attribute about Party Squasher's device is that it is directly powered to an outlet and connected to the home network via ethernet, and therefore requires little maintenance. Party Squasher deployed 24 devices at 24 properties (one property owner did not install the device despite Party Squasher encouraging them to do so). Party Squasher can pick up a device signal whether it be a phone, laptop, or smartwatch. Once the device is calibrated, the device was monitored to establish a baseline excluding those wireless devices that are always present at a property. During the pilot there were a total 62 times where the Party Squasher device sent an alert to the property owner because the threshold was reached or broken based on the number of wi-fi enabled devices on the property. Three properties counted for 57% of these alerts in large part because the sensor's occupancy (device counting) threshold was set too low. For the rest of the alerts, they all provided reasonable notification on an event. One key benefit of Party Squasher is its ability to anticipate or monitor activity in a low or medium type of scenario. OCCUPANCY Low Medium High Low False Alarms NOISE Medium High In the table above, the noise monitors operate in the green cells. Party Squasher operates in the orange cells. What was discovered during the pilot was that this device provides a property owner with an early indication to a potential noise or occupancy violation since you can see if the number of estimated devices at the property is spiking up higher than what the rental reservation indicates. For the typical STVR property this device may be helpful, but it would be of greater benefit to the larger estate SNR properties that have gatherings and events. Party Squasher sends a SMS or email to a property owner and triggers a notification in their app every time the occupancy threshold is reached. 149 Which device captures noise the fastest? Both NoiseAware and Minut capture noise in a real time manner and when both devices are set to similar indoor thresholds and placed in the same vicinity, they seem to capture similar results. Currently Minut does not have an outdoor sensor and Party Squasher does not measure sound. NoiseAware is the only device that measures outdoor noise and does so in a real time manner. While indoor noise monitoring is helpful to the property owner, the City is more interested in capturing outdoor noise since outdoor noise is most likely to generate a complaint. It would be beneficial for noise monitoring companies to explore and enhance their outdoor noise monitoring abilities. How does each device capture noise in real time? Minut: Minut uses decibels to measure indoor sound in real time. NoiseAware: Noise Aware uses a proprietary algorithm system named Noise Risk Score (NRS). NRS tracks not only how loud a sound is, but also the duration of the sound, and it combines this with several other factors to bring you the contextual noise risk score. Please view the Exhibit B to view the NRS to Decibels conversion table. Does it make a difference? A list of the key findings is as follows: Both NoiseAware and Minut notification features greatly assist a property owner to address a noise event before it becomes a complaint to the City. This is demonstrated by the high response of participants in the pilot addressing noise events taking place at their property. • Party Squasher provides the property owner with real-time information on occupancy and a property owner can see the spiking up of estimated devices prompting them to pay close attention. • Through the pilot, the attempts to tamper with the devices or not be fully compliant were minimal, and when they did take place there were notifications and awareness within minutes. Minut and NoiseAware are developing locally dispatched attendants where a person can arrive at a property to address a complaint thus alleviating a City resource to be dispatched. • In seeing the data for a property, City staff can quickly validate a noise complaint. 150 Can it resolve an issue before a neighbor calls the STVR hotline? There were 358 noise events recorded By NoiseAware, 263 events recorded by Minut, and 80 events recorded by Party Squasher and only 4 complaints generated to the City. All four were noise complaints with one being noise and occupancy. Of the four, the City's contract security company responded to two, a Code Compliance officer to one and the local contact to one. Three were confirmed as no violation and the local contact reported it was people gathering in the jacuzzi. The response times were 14, 19, 20 minutes and the local contact within 30 minutes. There has been one occupancy complaint, about a participant in the Pilot, to the City - the incident was on April 17, 2021. The Party Squasher system did capture an increase in the number of devices (Exhibit D); however, the property owner did not intervene after receiving alerts from the device. Since Party Squasher provides an estimate on the number of devices (not actual people), Code Compliance did connect with the property owner and confirmed the actual count of people, which was in line with City requirements. Does it keep an issue from escalating? There is evidence that the devices do play a vital role in keeping an issue from escalating. For example, throughout the duration of the Pilot, there were a total of 327 indoor noise events and 294 outdoor noise events, but only 4 complaints to the City with one of them being addressed by the local contact. Conclusion Overall, there is significant benefit to the property owner, neighbors, and the City to having noise compliance devices on the short-term vacation rental property. Through the pilot, property owners were more attentive thereby increasing accountability, there were very few complaints generated by the 25 properties in the pilot program, and the companies participating in the pilot improved their product and innovated based on direct feedback from participants from the City. Minut and NoiseAware have created the ability for a property owner to also have their guest(s) notified directly, creation of an escalation tree in their systems should there be a non -response, and both companies are looking to deploy an on-call response service to their customers. NoiseAware also has a professional response center, NightAgent, that responds to alerts on behalf of property managers, and the City is interested in testing that service out as an enhancement or replacement to the existing hotline provider. Occupancy count participants in the pilot also expressed high regard for the devices, ease of use, and that it helped them in their management of the property. These devices will assist SNR operators in more effectively responding to a notification, complaint, and/or show up at the property to address an issue. This is advantageous since it is still the expectation that the property owner resolves the issue instead of relying on the City's resources to address it. 151 3/11/2021 11.08.040 LQMC—Noise. Exhibit A La Quinta Municipal Cade Up Previous Next Main Search Print No Frames Title 11 PEACE. MORALS AND SAFETY Chapter 11.08 DISORDERLY CONDUCT AND TRESPASS 11.08.040 L MC—Noise. No person shall willfully make any unreasonably loud noise to the extent that it disturbs the peace and quiet of any neighborhood or imposes upon the privacy and rights of others. The standards which may be considered in determining whether a violation of this section exists, may include, but is not limited to, the following: A. The level of noise; B. The nature of the area within which the noise emanates; C. The density of the inhabitation of the area within which the noise emanates; D. The time of day or night; E. The duration of the noise; F. Whether the noise is recurrent, intermittent or constant; or G. Whether the noise is produced by a commercial or noncommercial activity. (Ord. 577 § 1, 2019) View the mobile version. 152 qcode.us/codes/laquinta/ 1/1 3/11/2021 9.100.210 Noise control La Quinta Municipal Code Up Previous Next Main Search Print No Frames Title 9 ZONING Chapter 9.100 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 9.100.210 Noise control. A. Purpose. The noise control standards for nonresidential land use districts set forth in this section are established to prevent excessive sound levels which are detrimental to the public health, welfare and safety or which are contrary to the public interest. B. Noise Standards. Exterior noise standards are set forth below. Residential property, schools, hospitals, and churches are considered noise sensitive land uses, regardless of the land use district in which they are located. All other uses shall comply with the "other nonresidential" standard. All noise measurements shall be taken using standard noise measuring instruments. Measurements shall be taken within the receiving property at locations determined by director to be most appropriate to the individual situation. Land Use Compatibility for Community Noise Environments Land Uses CNEL (dBA) 50 55 60 65 70 75 SO Residential — Single -Family Dwellings, Duplex, Mobile Homes A B C D Residential — Multiple Family A B C D Transient Lodging: Hotels and Motels A B C D School Classrooms, Libraries, Churches, Hospitals, Nursing Homes and Convalescent Hospitals A B C D Auditoriums, Concert Halls, Amphitheaters B C Sports Arenas, Outdoor Spectator Sports B qcode.us/codes/laquinta/ 1/3 3/11/2021 9.100.210 Noise control. Land Uses CNEL (dBA) 50 55 60 65 70 75 80 50 dB(A) 10:00 p.m. -7:00 a.m. 75 dB(A) C Playgrounds, Neighborhood Parks A 65 dB(A) 10:00 p.m. 7:00 a.m. C D Golf Courses, Riding Stables, Water Recreation, Cemeteries A C D Office Buildings, Business, Commercial and Professional A B D Industrial, Manufacturing, Utilities, Agriculture A B D Source: California Department of Health Services, "Guidelines for the Preparation and Content of the Noise Element of the General Plan," 1990. Chart Legend A Normally Acceptable: With no special noise reduction requirements assuming standard construction. B Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirement is made and needed noise insulation features included in the design. C Normally Unacceptable: New construction is discouraged. If new construction does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design. D Clearly Unacceptable: New construction or development should generally not be undertaken. Exterior Noise Standards Receiving Land Use Noise Standard Time Period 65 dB(A) 7:00 a.m. 10:00 p.m. Noise sensitive 50 dB(A) 10:00 p.m. -7:00 a.m. 75 dB(A) 7:00 a.m.-10:00 p.m. Other nonresidential 65 dB(A) 10:00 p.m. 7:00 a.m. If the noise consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this section shall be reduced by five dB(A). C. Noise Limits. It is unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured on any adjacent property, to exceed: 1. The noise standard for a cumulative period of more than thirty minutes in any hour; 2. The noise standard plus five dB(A) for a cumulative period of more than fifteen minutes in any hour; 3. The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; 4. The noise standard plus fifteen dB(A) for a cumulative period of more than one minute in any hour; or 154 gcode.us/codes/laquinta/ 2/3 3/11/2021 9.100.210 Noise control. 5. The noise standard plus twenty dB(A) for any period of time. For purposes of this section, the term "cumulative period" means the number of minutes that a noise occurs within any hour, whether such minutes are consecutive or not. D. Ambient Noise Level. If the ambient or background noise level exceeds any of the preceding noise categories, no increase above such ambient noise level shall be permitted. E. Exemptions. The following are exempt from the noise restrictions of this section: 1. Emergency vehicles or other emergency operations. 2. City maintenance, construction or similar activities. 3. Construction activities regulated by Section 6.08.050 of the La Quinta Municipal Code. .......................... 4. Golf course maintenance activities between five -thirty a.m. and ending no later than eight p.m. on any given day. F. Enforcement. The city manager or designee shall have the responsibility and authority to enforce the provisions of this section. (Ord. 565 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996) View the mobile version. 155 qcode.us/codes/laquinta/ 3/3 NRS Conversion Table Noise Risk Score: Decibel Range: As Loud As (from ift away): 0 NRS 0-40 dB Outer Space 10 NRS 40-60 d6 Hummingbird 20 NRS 60-68 dB Gentle Breeze 30 NRS 68-73 dB Polite Conversation 40 NRS 73-75 dB Laughter 50 NRS 75-77 dB Barking Dog 60 NRS 77-79 dB Washing Machine 70 NRS 79-84 dB Saxophone Solo 80 NRS 84-92 dB Lawnmower I 90 NRS 92-112 dB Jackhammer i 100 NRS 112+ dB Jet Engine *Occupational Safety and Health Administration regulations begin (maximum 90 dB over a hour work day). *Hearing damage occurs with exposure longer than one hour *Hearing damage occurs with exposure longer than one minute Exhibit B As Loud As (from 50ft away): Ticking Clock Singing in the Shower Max Radio Volume Garbage Truck Symphony Orchestra Firetruck Siren Marching Band Shotgun Firing Construction Site "•4works NASA Launch 156 7/6/2021 La Quinta, CA Municipal Code Exhibit C 3.25.070 - Operational requirements and standard conditions. A. The owner and/or owner's authorized agent or representative shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. 1. An estate home may be established for short-term vacation rental use subject to evaluation and inspection of the property pursuant to Section 3.25.O6Q(D)(1). 2. An estate home established for short-term vacation rental use is required to be equipped with a noise monitoring device(s) that is operable at all times. B. The responsible person(s) shall be an occupant(s) of the short-term vacation rental unit for which he, she or they signed a rental agreement for such rental, use and occupancy, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner, owner's authorized agent or representative, local contact(s) and their guests. No non -permanent improvements to the property, such as tents, trailers, or other mobile units, may be used as short-term vacation rentals. The total number of occupants, including the responsible person(s), allowed to occupy any given short-term vacation rental unit may be within the ranges set forth in the table below. By the issuance of a short-term vacation rental permit, the city or its authorized designees, including police, shall have the right to conduct a count of all persons occupying the short-term vacation rental unit in response to a complaint or any other legal grounds to conduct an inspection resulting from the use of the short-term vacation rental unit, and the failure to allow the city or its authorized designees the ability to conduct such a count may constitute a violation of this chapter. The city council may by resolution further restrict occupancy levels provided those restrictions are within the occupancy ranges set forth below. - 157 1/4 7/6/2021 7 14 8 16 9 18 La Quinta, CA Municipal Code *Overnight (10:01 p.m. -6:59 a.m.) **Daytime (7:00 a.m.-10:00 p.m.) 20 22 24 C. The person(s) listed as the local contact person in the short-term vacation rental unit's online registration profile shall be available twenty-four (24) hours per day, seven (7) days per week, with the ability to respond to the location within thirty (30) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit or their guests. The person(s) listed as a local contact person shall be able to respond personally to the location, or to contact the owner or the owner's authorized agent or representative to respond personally to the location, within thirty (30) minutes of notification or attempted notification by the city or its authorized short-term vacation rental designated hotline service provider. No provision in this section shall obligate the city or its authorized short-term vacation rental designated hotline service provider to attempt to contact any person or entity other than the person(s) Ilsted as the local contact person. D. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable or unlawful noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit. E. Occupants of the short-term vacation rental unit shall comply with the standards and regulations for allowable noise at the property in accordance with Sections -9.1 0.0,210 and 11.08.040 (or successor provision, as may be amended from time to time) of this code. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short-term vacation rental unit between the hours of 10:00 p.m. and 7:00 a.m. Pacific Standard Time. Observations of noise related violations shall be made by the city or its authorized designee from any location at which a city official or authorized designee may lawfully be, including but not limited to any public right-of-way, any city -owned public property, and any private property to which the city or its authorized designee has been granted access. F. Prior to occupancy of a short-term vacation rental unit, the owner or the owner's authorized agent or representative shall: 1. Obtain the contact information of the responsible person; 2. Provide copies of all electronically distributed short-term vacation rental information from the city, including any good neighbor brochure to the responsible person and post in a conspicuous location 158 2/4 7/6/2021 La Quinta, CA Municipal Code within the short-term vacation rental unit, in a manner that allows for the information to be viewed in its entirety; and require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit. This information shall be maintained by the owner or the owner's authorized agent or representative for a period of three (3) years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of this code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. G. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall, upon notification or attempted notification that the responsible person and/or any occupant and/or guest of the short-term vacation rental unit has created unreasonable or unlawful noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, promptly respond within thirty (30) minutes to immediately halt and prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner, the owner's authorized agent or representative and/or the owner's designated local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term vacation rental unit within thirty (30) minutes, shall be subject to all administrative, legal and equitable remedies available to the city. H. Reserved. I. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days. The owner, the owner's authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 6.04� (Solid Waste Collection and Disposal) (or successor provision, as may be amended from time to time) of this code. �. Signs may be posted on the premises to advertise the availability of the short-term vacation rental unit as provided for in Chapter 9.160 (Signs) (or successor provision, as may be amended from time to time) of this code. K. The owner, authorized agent or representative and/or the owner's designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good neighbor brochure in a conspicuous place within the short-term vacation rental unit, and a copy of the good neighbor brochure shall be provided to each occupant of the subject short-term vacation rental unit. L. Unless otherwise provided in this chapter, the owner and/or the owner's authorized agent or representative shall comply with all provisions of Chapter 3.24 concerning transient occupancy taxes, including, but not limited to, submission of a monthly return in accordance with Section 3.24.080 (or successor provisions, as may be amended from time to time) of this code, which shall be filed monthly even if the short-term vacation rental unit was not rented during each such month. M. Guesthouses, detached from the primary residential dwelling on the property, or the primary residential dwelling on the property, may be rented pursuant to this chapter as long as the guesthouse and the 1159 3/4 7/6/2021 La Quinta, CA Municipal Code primary residential dwelling are rented to one (1) party. N. The owner and/or the owner's authorized agent or representative shall post the number of authorized bedrooms and the current short-term vacation rental permit number at the beginning or top of any advertisement that promotes the availability or existence of a short-term vacation rental unit. In the instance of audio -only advertising of the same, the short-term vacation rental permit number shall be read as part of the advertisement. O. The owner and/or owner's authorized agent or representative shall operate a short-term vacation rental unit in compliance with any other permits or licenses that apply to the property, including, but not limited to, any permit or license needed to operate a special event pursuant to Section 9:50.170 (or successor provision, as may be amended from time to time) of this code. The city may limit the number of special event permits issued per year on residential dwellings pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time). P. The city manager, or designee, shall have the authority to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated, including, but not limited to, a mitigating condition that would require the installation of a noise monitoring device to keep time - stamped noise level data from the property that will be made available to the city upon city's reasonable request. Q. The standard conditions set forth herein may be modified by the city manager, or designee, upon request of the owner or the owner's authorized agent or representative based on site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term vacation rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. R. On-site parking shall be on an approved driveway, garage, and/or carport areas only; this section does not impose restrictions on public street parking regulations. RecrPatlnnal vPhirlPs may he parked in accordance with the provisions set forth in Section 9.60.130 (or successor provision, as may be amended from time to time) of this code. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 160 4/4 Exhibit D O Indoor Outdoor INDOORSENSOR — " OUTDOORSENSOR m 100 a0------------ ---,,._--- --- Ix z m60 �1 �� .. ��^^��--------------------------------- 60 m 40 40 p 9PM SPM 9PM 9PM 9PM SIM 9PM 9PM IOPM IOPM IOPM IOPM IOPM IOPM IOPM lOPM IOPM lOPM IOPM lOPM IOPM Apr 18, 2021 Apr 18, 2021 ,Noise Event 0 Connectivity Event - - - Threshold — Noise Level 161 Noise monitoring (dB) 40 20 18:00 Sun, Apr 18 22:02 Average: 77 dB 176 dB T79 dB 03:00 06:00 09:00 12:00 162 Noise monitoring (dB) 20 18:00 21:00 Mon 19 03:00 06:00 09:00 12:00 15:00 163 Number of mobile devices detected Human occupancy limit= r; 15 10 Number of mobile devices — Estimated human occupancy 2021 -Apr -17 2021 -Apr -17 2021 -Apr -17 2021 -Apr -18 2021-Apr48 2021 -Apr -18 2021 -Apr -18 6:00:00 12:00:00 18:00:00 0:00:00 6:00:00 12:00:00 18:00:00 Date and time 164 2 2 2 3 2 3 2 2 4 5 3 2 2 3 2 3 3 2 4 3 3 3 3 2 2 2 2 1 3 3 3 4 3 6 3 7 3 I 21 IB 7 3 6 15 14 14 9 I 14 9 10 5 B 7 I 11 l9 20 1 2 8 16 9 11 Il I1 10 7 165 Account Lo®lion :man Dant Node DISABLED Bwel inc Count Value NA 'fimannc Amaica/Los_Angeles Maximum Occupancy F." 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EXECUTIVE SUMMARY • On May 20, 2021, Section 3.25.055 of the La Quinta Municipal Code (LQMC) established a permanent ban on the issuance of new short-term vacation rental (SNR) permits in residential areas (Permit Ban), unless the property is located within an "exempt" area as specified in Subsection A. • No new permits have been issued in Permit Ban areas since August 4, 2020; existing permit -holders may renew permits, but permits cannot be transferred. • STVR permits in residential areas have declined by 16.5% since January 2021 due to the Permit Ban and renewal attrition. • Several code updates, effectuated on January 15, 2021, which enhanced the STVR program regulations and enforcement policies and fines, have increased overall compliance with the STVR program while decreasing disturbance complaints. FISCAL IMPACT - None BACKGROUND ANALYSIS The City imposed a moratorium on the issuance of new STVR permits on August 4, 2020 via Executive Order No. 10, and extended it in succeeding amendments. Section 3.25.055 of the LQMC established a permanent Permit Ban on the issuance of new STVR permits in residential areas effective May 20, 2021. Permit -holders may renew existing permits, but permits cannot be transferred. 167 Staff has prepared an assessment of the STVR program since January 2021, which includes: • Current characteristics, • Compliance status, • Hosting platforms compliance initiatives, and • Noise monitoring devices Phase II pilot. STVR Program Current Characteristics The City's STVR program consists of 1,181 active permits as of September 2021. 1200 1000 800 600 400 200 0 Figure 1 September 2021 STVR Permits by Type = 11181 22 # OF HOMESHARE PERMITS 6A # OF PRIMARY PERMITS 1,095 69 are Estate Hames (5 bedrooms or more) # OF GENERAL PERMITS The issuance of new STVR permits is banned in residential Permit Ban areas, and no new permits have been issued since August 4, 2020. New permits continue to be issued in a few select "Exempt Areas" zoned for tourist commercial, village commercial, and communities expressly developed to allow STVRs: STVR Exempt Areas Embassy Suites (Casitas Las Rosas) Homewood Suites (La Quinta Desert Villas) La Quinta Resort, including Spa and Tennis Villas Signature at PGA West Legacy Villas Codorniz Puerta Azul SilverRock Specific Plan Zone Village Commercial District Tourist Commercial (TC) District Within/adjacent to TC District TC District TC District Subject to entitlement approval Subject to entitlement approval TC District - Undeveloped 168 Table 1 below lists the number of STVR permits for each area along with the total number of approved parcels for 2021. The City's total STVR permits have gradually declined each month due to the Permit Ban along with attrition related to home sales and non -renewals. STVR PERMITS BY AREA CITYWIDE - 2021 JAN. FEB. MARCH APRIL MAY JUNE JULY AUG. SEPT. PARCELS North LQ 137 130 124 118 118 115 114 112 112 2,572 Mid LQ 140 135 132 132 130 127 122 122 121 1,023 The Cove 292 282 276 270 268 263 261 259 258 4,711 South LQ (PGA West) 468 453 438 428 420 407 382 379 375 3,040 Permit Ban Area Totals 1,037 1,000 970 948 936 912 879 872 866 11,346 Exempt Areas 269 271 276 283 292 297 299 307 309 911 HOA Restricted Legacy Permits 14 � 12 11 7 7 7 7 6 6 9,618 Citywide Totals 1,320 f1,283 1,257 1,238 1,235 1 1,216 1,185 10185 1,181 21,875 tante 1 Within the residential Permit Ban areas, as of September 2021, active STVR permits have declined 16.5% (from 1,037 to 866) since January 2021: Permit Ban Area Sept. 2021 Permits O/o Change since .Ian 2021 North La Quinta 112 -18.2% Mid La Quinta 121 -13.6% The Cove 258 -11.6% South La Quinta (PGA West) 375 -19.9% Totals 866 -16.5% 1200 1,037 1000 800 468 600 400 -�- 200 —®- 0 STVR Permits in Banned Areas 16.5% Decline YTD 1,000 970 453 438 948 936 PM" 0" 428 420 912 I" 407 t -4 879 872 382 379 866 375 JAN -21 FEB -21 MAR -21 APRI-21 MAY -21 JUN -21 JUL-21 AUG -21 SEP -21 s North LQ ■ Mid LQ ■ The Cove South LQ Figure 2 169 STVR density is calculated as a percentage by dividing the number of permitted STVRs by the number of developed parcels within each area, as listed in Table 1 above. Figure 3 below shows that density in residential Permit Ban areas collectively decreased in 2021 from 9.1% to 7.6%: STVR Density in Permit Ban Areas 9.1% 8.8 8.5% 8.4% 8.2% 8.0% JAN -21 FEB -21 MAR -21 APRI-21 MAY -21 JUN -21 JUL-21 AUG -21 SEP -21 Figure 3 Within each residential Permit Ban area, density is as follows: Permit Ban Area Se t. 2021 Density O/o Change since San 2021 North La Quinta 4.4% -17.0% Mid La Quinta 11.8% -13.1% The Cove 5.5% -11.3% South La Quinta (PGA West) 12.3% -20.8% Totals 7.6% -16.5% Figure 4 further depicts the gradual density changes for each residential Permit Ban area throughout 2021: Density in Permit Ban Areas 15.4% 14.9% 14.4% 14.1% 13.8% 13.4 12.6% 12.5% 12.3% 13.7° ° 13.2% 12.9% 12.9%° 12.7/° 12.4% 11.9% _ -._11.9%- 11.8% 6.2% 60% 5.9% 5.7% 5.7% 5.6% 5.5% 5.5% 5.5% 5.3% 5.1% 4.8% 4.6% 4.6% 4.5% 4.4% 4.4% 4.4% JAN -21 FEB -21 MAR -21 APRI-21 MAY -21 JUN -21 JUL-21 AUG -21 SEP -21 - North LQ Mid LQ The Cove South LQ Figure 4 170 STVR Program Compliance Overview The City's STVR program consists of several interdependent activities such as permitting, tax collection, and compliance. This section of the Staff Report focuses on specific compliance functions, which include managing complaints, conducting investigations, and enforcement (violations, citations, and suspensions). On January 15, 2021, the City implemented several code changes to enhance the STVR program's compliance tools, including stricter regulations and increased fines. Subsequently overall compliance has increased while disturbance complaints have decreased. STVR compliance measures are separated into one of two categories: • Disturbance - The majority of disturbance compliance activities are due to noise, generally caused by large events or gatherings, children running/screaming/laughing, popping balloons, construction, slamming doors, etc. Other complaints include excessive parking; bright lights; trash; unsecured pool access; unmaintained yard, etc. • Administrative - The overwhelming majority of administrative compliance matters are related to operating/advertising without a STVR permit or business license, or failure to display SNR permit on listings. Others include incorrect or missing occupancy limit advertised on listings; failure to report/remit transient occupancy tax, etc. While every complaint is investigated, complaint investigations do not always result in a confirmed violation. Complaints are reported to the City through a variety of channels: Channel Description Hotline calls Typically used to report disturbances City calls & emails General inquiries or to report disturbances City compliance monitoring Staff -generated based on vendor compliance tools/reports GoRequest submissions Typically used to report administrative violations Police reports Disturbance dispatches, some of which are STVR related Security patrol reports Disturbance dispatches, along with ongoing neighborhood patrols to monitor compliance 171 Figures 5 and 6 below, depict citywide STVR complaints since January 2021. Figure 5 categorizes complaints by permitted and unpermitted properties. Of note: • Citywide complaints decreased by 16% in the third quarter (July -Sep) compared to the second quarter (April -June); • 59.9% of the 294 complaints in the third quarter were for unpermitted STVR properties. 200 180 160 140 120 100 80 60 40 20 0 STVR Complaints Citywide 140 120 112 72 7Q 69 JAN -21 FEB -21 MAR -21 APR! -21 MAY -21 JUN -21 JUL-21 AUG -21 SEP -21 OCT -21 NOV-21 ■ Perm 22ed ;TVRs I$ Unperm;tted 5',Rs Figure 5 *For July, the City addressed 145 adminstrative complaints reported by City vendors; the remaining 43 complaints were disturbances. Figure 6 identifies complaints within each area citywide: STVR Complaints Citywide - by Area 200 188 180 160 140 120 100 80 60 40 20 0 s>= JAN -21 FEB -21 MAR -21 APR -21 140 Figure 6 i ■ North La Quinta Mid La Quinta 138 N The Cove South La Quinta u Exempt HOAs F a HOA Retricted Z69 Legacy Permits � MAY -21 JUN -21 JUL-21 AUG -21 37 SEP -21 172 Enforcement Figure 7 below depicts the number of SNR related citations for each month in 2021. Of note, the decrease in disturbance complaints has allowed staff to increase focus on administrative compliance, particularly unpermitted STVR activities and improper advertising: • 65% of all 2021 citations were issued to unpermitted SNR properties; • 68% of all 2021 citations were issued for administrative matters (as defined earlier in this report - primarily for operating/advertising without a STVR permit or business license, or failure to display STVR permit on listings). STVR Citations for Permitted & Unpermitted STVRs JAN -21 FEB -21 MAR -21 APR -21 MAY -21 JUN -21 JUL-21 AUG -21 SEP -21 0 Permitted Unpermitted Figure 7 Permitted STVRs - Complaints and Enforcement Figures 8 and 9 below, depict the number of reported complaints and enforcement actions against STVR units citywide: 173 90 80 70 60 50 40 30 20 10 0 78 Complaints & Enfocement Actions Citywide Permitted STVRs 5o 50 48 39- © — 34 58 24 22 JAN -21 FEB -21 MAR -21 APR -21 MAY -21 JUN -21 JUL-21 AUG -21 SEP -21 Complaints Citations/Notices Suspensions Figure 8 Figure 9 includes unpermitted compliance activities for comparison with permitted STVR properties. For the month of September, less than 2% of permitted STVR properties received complaints and were subject to any enforcement action, including zero suspensions, which both reflect the lowest levels for 2021. 140 120 100 80 60 40 20 0 STVR Reported/Addressed Issues 1,320 JAN -21 FEB -21 MAR -21 APR -21 MAY -21 JUN -21 JUL-21 AUG -21 SEP -21 Permitted Properties w/Complaints, Notices, Citations, Suspensions Unpermitted Properties w/Complaints, Notices, Citations Permitted STRs Figure 9 88 1,350 1,300 1,250 1,200 1,150 1,100 Hosting Platform Compliance The City continues efforts to enforce listing compliance in coordination with the hosting platforms. Upon the City's request in October 2021, both Airbnb and Vrbo/Expedia delisted or hid all listings that advertised short-term stays without a valid permit. However, this approach requires the City to continuously monitor platform listings for compliance, and it does not prevent or cancel bookings that may have already been transacted prior to delisting. Consequently, the City's focus and priority is to proactively prevent unauthorized bookings before they are processed by the hosting platforms. Based on a survey of jurisdictions, the most effective approach is for platforms to proactively prevent unpermitted listings from going live. The City's ongoing efforts are to collaboratively identify the most effective manner for hosting platforms to use STVR permit data to proactively enforce La Quinta's permitting requirements. Noise Monitoring Device Program — Phase 11 Pilot At the July 20, 2021, City Council meeting, staff provided a report on the findings of the Noise Monitoring Device Phase I Pilot Program conducted from March 15 to June 15, 2021. Per Council's direction, staff is coordinating a Phase II pilot, which aims to test: • A standardized escalation process that sends alerts via SMS texts and auto - generated calls to local contacts and guests to address noise disturbances, and • Comprehensive reporting and access to data. The standardized interventions and reporting require integration with third -party vendors and development of additional analytics. Consequently, Phase II is anticipated to launch February 1, 2022, for a 30 -day period, at which time the results and findings will be evaluated to determine if an additional 30 -day period is required. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachment: 1. STVR Quarterly Report - Draft 175 176 ATTACHMENT 1 The SNR program consists of several interdependent activities such as permitting, tax collection, and compliance. Compliance functions include managing complaints, conducting investigations, and enforcement (violations, citations, and suspensions). Areas January Q-1 Q-2 Permit Change since Current _ Q-3 (Current) January Density North La Quinta 137 124 115 112 -18.2% 4.4% Mid La Quinta 140 132 127 121 -13.6% 11.8% The Cove 292 276 263 258 -11.6% 5.5% South La Quinta 468 438 407 375 -19.9% 12.3% Permit Ban Area Totals 1,037 970 912 866 -16.5% 7.6% Exempt Areas 269 276 297 309 14.9% 33.9% HOA Restricted Legacy 14 11 7 6 -57.6% 0.1% Citywide Totals 1,320 1,257 1,216 1,181 j -13% L 7.1%_ - Active STVR permits in Permit Ban areas have decreased by 16.5% since January 2021. 177 0 178 N * For July, the City addressed 145 administrative complaints reported by City vendors; the remaining 43 complaints were disturbances. STVR Complaints Citywide 200 STVR Complaints Citywide - by Area 2 188 00 Q-1 Total = 324 Q-2 Total = 328 Q-3 Total = 294 180 180 Permitted = 192 Permitted = 175 188" Permitted = 118 160 Unpermitted = 132 Unpernlitt d = 153 Unpermitted = 176 160 140 I 140 120 140 138 120 100 112 120100 so 80 60 72 70 69 60 40 ' 4 zo 37 � ao 0 6P20 JAN -21 FEB -21 MAR -21 APRI-21 MAY -21 JUN -21 JUL-21 AUG -21 SEP -21 OCT -21 0 4 Permitted STVRs 11 Unpermitted STVRs JAN -21 FEB -21 MAR -21 APR -21 MAY -21 JUN -21 JUL-21 AUG -21 SEP -21 OCT -21 Citywide Complaints decreased by 25% in Q-3 compared to Q-2 65% of all 2021 Citations were issued to unpermitted STVR properties - 59.9% of the 294 Complaints in Q-3 werefor unpermittedSTVR properties 68% of all 2021 Citations were issued for administrative matters STVR Citations for Permitted & Reported/Addressed Issues Qu i nta uinta Quinta mpt Areas icy Unpermitted STVRs 140 1,350 JAN -21 FEB -21 MAR -21 APR -21 MAY -21 JUN -21 JUL-21 AUG -21 SEP -21 0 Permitted Unpermitted i,32[I 120 1,300 283 100 57 80 — 1,238 12.35 — - 1,250 216 60 — — — — 1,200 1.. 1,18 t 40 — 1,150 20 0 1,100 JAN -21 FEB -21 MAR -21 APR -21 MAY -21 JUN -21 JUL-21 AUG -21 SEP -21 Permitted Properties w/Complaints, Notices, Citations, Suspensions Unpermitted Properties w/Complaints, Notices, Citations Permitted STRs 179 ko 180 4 Noise Monitoring Device Pilot Program I La Quinta, CA bttps://www.laquintaca.gov/residents/short-term-vacation-rentals/noise... How Do I... Noise Monitoring Device Pilot Program The City of La Quinta conducted a Short -Term Vacation Rental (STVR) Noise Monitoring Device Pilot Program to determine whether the devices are effective in mitigating STVR noise complaints. The STVR Noise Monitoring Device Pilot Program consisted of two phases: PHASE I: (3/15/2021- 6/15/2021) The City selected 25 properties to participate representing a cross section of La Quinta, and all participants installed 3 devices including: • Minut — Noise monitoring device • NoiseAware — Noise monitoring device • Parry Squasher — Occupancy counting device Minut and NoiseAware measure sound levels and Party Squasher is an occupancy counter. The companies that participated in this pilot program provided these devices at no cost to the City. The City sent a questionnaire to the City's STVRs asking about property features and amenities. STVR property owners that were interested in participating submitted the questionnaire and the City selected properties that had the best chance to collect meaningful data and confirm efficancy of the devices. CLICK HERE for more information on Phase 1 of the Noise Monitoring Device Pilot Program. PHASE II: (2/15/2022 - 5/15/2022) Phase II of the Noise Monitoring Device Pilot Program consisted of 5 properties; 3 STVR owners and 2 Staff members. The City initiated Phase II of the Noise Monitoring Device Pilot Program to test the standardized escalation process that sends alerts via SMS texts and auto -generated calls to local contacts and guests to address noise disturbances. It also allowed testing and review of comprehensive reporting and access to data. CLICK HERE for more information on Phase II of the Noise Monitoring Device Program. The goal of this program was to use the data from the pilot program to determine whether the devices are effective in mitigating STVR noise complaints by: • Taking a proactive approach in notifying property owners and/or tenants of a noise issue before it escalates to a neighbor calling; • Verify whether there was a noise issue complaint; • Ease the strain on City resources to monitor STVRs. FAQs 181 1 of 2 1/2/24,4:43 PM Noise Monitoring Device Pilot Program I La Quinta, CA https://www.laquintaca.gov/residents/short-term-vacation-rentals/noise... ■ Will the City use these devices to actively monitor and punish participants if a device registers over -occupancy or a noise event? o No. We want to clarify that these devices will not be used as an additional policing method. Our goal is to police less by having a reliable device/method/mechanism in place that brings a noise issue to the property owner and/or tenant's attention as soon as possible and before it escalates to a neighbor calling. ■ How much did the Pilot cost? o There is no direct cost to the City and participating vendors are providing devices free of charge during the Pilot. ■ How many properties were selected to participate? o Phase I: 25 properties o Phase II: 5 properties ■ Where can I find more information about the devices being used in the Pilot Program? 0 Visit: ■ Minut - https://www.minut.com ■ Noise Aware - https://www.noiseawar .corn �+ Party Squasher -haps://www.partvsquasher.com ■ Who can I contact regarding additional information about the Noise Monitoring Device Pilot Program? o Lori Lorett atLo e a laquintaca.gov or 760-777-7162. La Quinta List 182 2 of 2 1/2/24,4:43 PM PUBLIC HEARING ITEM NO. 2 City of La Quinta PLANNING COMMISSION MEETING: JANUARY 9, 2024 STAFF REPORT AGENDA TITLE: CONSIDER ADOPTING A RESOLUTION APPROVING CONDITIONAL USE PERMIT 2023-1000 FOR A TIME EXTENSION TO CUP2022-0011 FOR A 75 -FOOT - TALL TEMPORARY TELECOMMUNICATION MONOPOLE WITH ASSOCIATED EQUIPMENT ENCLOSURE WITHIN THE LA QUINTA RESORT PROPERTY; CEQA: THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES; LOCATION: 49499 EISENHOWER DRIVE RECOMMENDATION Consider adopting a Resolution approving Conditional Use Permit (CUP) 2023-1000 for a time extension for the previously approved CUP2022-0011 for a 75 -foot -tall temporary telecommunication monopole and determine that the project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15303, New Construction or Conversion of Small Structures. EXECUTIVE SUMMARY ■ The Planning Commission approved CUP2022-0011 on December 13, 2022, with a Condition of Approval that set an expiration date for the temporary monopole wireless telecommunication facility of December 13, 2023. • Coastal Business Group (Applicant) is requesting approval for a time extension (CUP2023-1000) until December 13, 2024, for a temporary monopole wireless telecommunication facility (Monopole) for AT&T within the La Quinta Resort (Resort) Property (Attachments 1 and 2). The Applicant has indicated that delivery of equipment for the temporary Monopole has taken longer than originally expected. ■ The temporary Monopole is part of a larger project to replace an existing AT&T Monopalm within the Resort that is scheduled to be shut down and removed by May 2024. The Applicant has previously received approval for the temporary Monopole, to allow for continued coverage as they work on building permits and construction of a new replacement Monopalm on the same parcel. • Findings related to consistency with General Plan, Zoning, CEQA, and surrounding uses are required to be made by the Planning Commission (Attachment 3) in order to approve the time extension. 183 BACKGROUND/ANALYSIS An existing AT&T Monopalm located at the Resort is scheduled to be shut down no later than May 2024 in preparation for site upgrades planned by the Resort at one of the main pool areas. In December 2022, the Planning Commission approved separate CUPs for both the new permanent Monopalm (CUP2022-0010) and a temporary Monopole to continue coverage on a temporary basis (CUP2022-0011) as the Applicant proceeds with constructing the permanent replacement Monopalm. The Applicant submitted building plans for the temporary Monopole on January 1, 2023. The building permit for the temporary Monopole has since been issued, however, its construction has not been completed. The pole has been installed and is pending the installation of the antenna equipment. The Applicant states that obtaining the equipment and completing construction of the temporary Monopole has taken longer than expected. The temporary Monopole will provide wireless AT&T telecommunication coverage during the gap between the removal of the existing Monopalm and the construction of the new replacement Monopalm. The Applicant submitted building plans for the permanent replacement Monopalm on February 22, 2023. These plans are currently pending corrections from the Applicant. One of the conditions of approval for CUP2022-0011 (the temporary Monopole) is an expiration date of December 13, 2023, which has passed. Discussion of CUP 2023-1000 On November 9, 2023, the applicant submitted CUP2023-1000, a request to revise the expiration date for the approval of the temporary Monopole and extend it to December 13, 2024. As part of the CUP2023-1000 request to extend the expiration date, the Applicant has submitted a revised timeline for the construction of the permanent Monopalm (Attachment 4). The following conditions of approval would be revised accordingly. Temporary Monopole shall be allowed to be in place until December 13, 2024, or when permanent Monopalm is constructed and passes a final inspection by the City's Building Department, whichever comes first. Removal of Temporary Monopole shall occur no later than four (4) weeks after December 13, 2024, or four weeks after passing final inspection of the permanent Monopalm by City's Building Division, whichever comes first. All of the conditions of approval were reviewed by staff to assure that no changes in law or City standards required amendment of the conditions. Staff has determined that no other changes are necessary. Please see the conditions of approval, which have been amended to extend the expiration date by one year. 184 The project plans and photo -simulations for the temporary Monopole are included as Attachments 5 and 6. AGENCY AND PUBLIC REVIEW Public Agency Review This request was sent to all applicable City departments. All applicable comments have been adequately addressed and/or incorporated in the recommended conditions of approval. Public Notice The public hearing notice was advertised in The Desert Sun newspaper on December 29, 2023, and was sent to property owners and occupants within a 500 -foot radius of the project site. ENVIRONMENTAL REVIEW The Design and Development Department has determined CUP2023-1000 is exempt from environmental review pursuant to CEQA Section 15303 (Class 3) for new construction or conversion of small structures since the temporary Monopole with associated ground - mounted equipment contain a small footprint. Prepared by: Scott Nespor, Senior Planner Approved by: Danny Castro, Design and Development Director Attachments: 1. Vicinity Map 2. Project Information 3. CUP Findings 4. Applicant Request Letter 5. Monopole Plan Set 6. Monopole Renderings 185 PLANNING COMMISSION RESOLUTION 2024 - XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TIME EXTENSION FOR A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A TEMPORARY WIRELESS TELECOMMUNICATION FACILITY WITHIN THE LA QUINTA RESORT AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: CONDITIONAL USE PERMIT 2023-1000 APPLICANT: COASTAL BUSINESS GROUP WHEREAS, the Planning Commission of the City of La Quinta, California did, on January 9, 2024, hold a duly noticed Public Hearing to consider a request by Coastal Business Group, courtesy of AT&T, for approval of a time extension for CUP2022-0011 for a temporary wireless telecommunication monopole tower and mechanical equipment, generally located at the La Quinta Resort more particularly described as: APN: 658-190-011 49499 Eisenhower Drive WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on December 29, 2023, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.170.090 of the Municipal Code to justify approval of said Conditional Use Permit: Consistencv with General Plan The design of the proposed wireless facility is consistent with La Quinta General Plan, which requires utilities and communication facilities to be available, adequate, and convenient for all residents. The applicant has determined that a need for this type of service, in this general area, exists and providing such a facility will help to ensure that the public has access to such services. The placement of the telecommunication facility at this site will have a negligible impact on the surrounding public thoroughfares and land uses. 2. Public Welfare The proposed wireless facility will not create conditions materially detrimental to the public health, safety, and general welfare. The facility will provide 186 PLANNING COMMISSION RESOLUTION 2024 -XXX CONDITIONAL USE PERMIT 2023-1000 APPLICANT: COASTAL BUSINESS GROUP LOCATION: LA QUINTA RESORT, 49499 EISENHOWER DRIVE ADOPTED: PAGE 2 of 3 enhanced communication services to the surrounding area, including emergency and public safety communications. The wireless facility is required to comply with the American National Standard Institute (ANSI) standards for professionally acceptable radio frequency emissions to ensure the antennas will not interfere with the surrounding land uses. 3. Visual Impacts The facility utilizes a small footprint and is proposed as a monopole. The project, as conditioned, is allowed on a temporary basis and will be removed of its impacts within a timely manner. 4. Tower Design The proposed wireless telecommunication facility is designed at the minimal height to achieve the service provider's objectives for coverage within this portion of the community. The proposed 75 -foot monopole wireless communications facility, as conditioned, is allowed on a temporary basis and will be removed and replaced with a tower design consistent with City of La Quinta development standards for wireless telecommunication facilities. 5. Justification The proposed wireless telecommunication facility is necessary, as shown in the applicant's justification letter, to continue community access to wireless service from the project site. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the Planning Commission to be exempt from CEQA pursuant to Section 15303 of the CEQA Guidelines. SECTION 3. That it does hereby approve Conditional Use Permit 2023-1000, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on January 9, 2024, by the following vote: 187 PLANNING COMMISSION RESOLUTION 2024 -XXX CONDITIONAL USE PERMIT 2023-1000 APPLICANT: COASTAL BUSINESS GROUP LOCATION: LA QUINTA RESORT, 49499 EISENHOWER DRIVE ADOPTED: PAGE 3 of 3 AYES: NOES: ABSENT: ABSTAIN: ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California STEPHEN T. NIETO, Chairperson City of La Quinta, California 188 PLANNING COMMISSION RESOLUTION NO. 2024 -XXX EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2023-1000 APPLICANT: COASTAL BUSINESS GROUP LOCATION: LA QUINTA RESORT, 49499 EISENHOWER DRIVE ADOPTED: PAGE 1 OF 7 (,FNFPAI 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Conditional Use Permit shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.laquintaca.gov. 3. This Conditional Use Permit shall expire on December 13, 2024, and shall become null and void in accordance with Municipal Code Section 9.200.080. 4. The temporary monopole shall be operational for no longer than December 13, 2024, or when permanent location is constructed and passes a final inspection by the City's Building Department, whichever comes first. Temporary monopole shall be removed no later than four (4) weeks after December 13, 2024, or four (4) weeks after passing final inspection by City's Building Department, whichever comes sooner. 5. Any expansion or substantial modifications to the approved plan shall require an amendment of this Conditional Use Permit. Minor modifications to this Conditional Use Permit shall be considered by the Design and Development Director and may require notification of surrounding property owners prior to such approval. All other amendments shall be processed in accordance with LQMC 9.200.100. 6. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Development Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • La Quinta Building and Safety Division for Building Permits 189 PLANNING COMMISSION RESOLUTION NO 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2023-1000 APPLICANT: COASTAL BUSINESS GROUP LOCATION: LA QUINTA RESORT, 49499 EISENHOWER DRIVE ADOPTED: PAGE 2OF7 • La Quinta Planning Division • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley 8 Federal Communication Commission • Federal Aviation Administration The applicant is responsible for all requirements of the permits and/or clearances from the above -listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 190 PLANNING COMMISSION RESOLUTION NO 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2023-1000 APPLICANT: COASTAL BUSINESS GROUP LOCATION: LA QUINTA RESORT, 49499 EISENHOWER DRIVE ADOPTED: PAGE 3 OF 7 9. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 10. The submitted preliminary plans appear to propose no or minimal grading and may not require a grading permit (see exceptions in Municipal Code Section 8.80.040). If a grading permit is required, a precise grading plan prepared by a Civil Engineer registered in .California and a Soils Report prepared by a professional registered in California must be approved by the City Engineer prior to the commencement of grading. Other engineered improvement plans prepared for City approval that are not listed shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. "On -Site Precise Grading" plans shall normally include all on-site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Division. PRECISE GRADING 11. If a grading permit is required, the applicant shall comply with the provisions of LQMC Section 8.80 (Grading). 12. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, All grading shall conform to the recommendations contained in the Preliminary Soils Report and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 191 PLANNING COMMISSION RESOLUTION NO. 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2023-1000 APPLICANT: COASTAL BUSINESS GROUP LOCATION: LA QUINTA RESORT, 49499 EISENHOWER DRIVE ADOPTED: PAGE 4OF7 UTILITIES 13. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 14. The applicant shall obtain an encroachment permit and the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to electric vaults, water valves, and telephone stands, to ensure optimum placement for safety, practical and aesthetic purposes. 15. Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. MAINTENANCE 16. The applicant shall protect existing hardscape along the proposed construction area to include but not be limited to garden walls, landscaping, irrigation systems, curb and gutter, sidewalk and pavement, and existing building structures. Restoration to any damaged hardscape shall be to the satisfaction of the City of La Quinta. Any disturbed areas, including landscaping, shall be replaced in-kind. FEES AND DEPOSITS 17. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. PLANNING 18. The proposed telecommunication facility shall comply with all federal and state statutes, including, but not limited to, FCC licensing, NIER levels, and FAA requirements. No wireless telecommunication facility or combination of facilities shall produce, at any time, power densities that exceed current FCC adopted standards for human exposure for RF (Radio Frequency Radiation Exposure Standards) fields. Failure to comply with FCC Standards will result in 192 PLANNING COMMISSION RESOLUTION NO. 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2023-1000 APPLICANT: COASTAL BUSINESS GROUP LOCATION: LA QUINTA RESORT, 49499 EISENHOWER DRIVE ADOPTED: PAGE 5OF7 the immediate cessation of operation of the wireless telecommunication facility. 19. All wireless telecommunication facilities shall be installed and maintained in compliance with the requirements of the Uniform Building Code, National Electrical Code, the City's noise ordinance, and other applicable codes, as well as other restrictions specified in the permit and the La Quinta Municipal Code. The facility operator and the property owner shall be responsible for maintaining the facility in good condition, which shall include, but not be limited to, regular cleaning, painting, and general upkeep and maintenance of the site consistent with the facility's original approval. 20. The panel antennas shall be mounted securely to the monopole tower. 21. The fence and access gate on the equipment enclosure and surrounding the monopole shall be of wrought -iron material with metal mesh screening. No chain link fencing shall be used. 22. The proposed monopole shall be approved at a height of 75 feet. 23. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. The Applicant shall work on additional screening measures to attempt to screen. 24. The applicant shall negotiate in good faith for shared use by third parties; an owner generally will negotiate in the order in which requests for information are received, except an owner generally will negotiate with a party who has received an FCC license or permit before doing so with other parties. 25. AT&T, or successor, shall have a continuing obligation to respond to and resolve any and all complaints associated with any potential interference with frequencies related to residential and/or life safety communications and operations. Response shall be within 48 hours of receipt of notice of any such complaints. 26. AT&T, or successor, shall provide the Planning Division with the name and contact information of the maintenance representative who shall be available 24 hours a day, seven days a week to receive calls regarding facility maintenance. Response shall be within 48 hours on weekdays and within 72 hours on weekends/holidays of receipt of such notice of complaints. 193 PLANNING COMMISSION RESOLUTION NO. 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2023-1000 APPLICANT: COASTAL BUSINESS GROUP LOCATION: LA QUINTA RESORT, 49499 EISENHOWER DRIVE ADOPTED: PAGE 6OF7 27. The placement of the pole shall not interfere with the existing infrastructure and improvements at this location. The pole shall not be placed on a public paths -of -travel. 28. The wireless telecommunication facility operators are required to notify the City of La Quinta's Planning Division within sixty (60) days of any change of ownership of the facility. 29. The entire facility shall be maintained in a condition consistent with the conditions of this approval and, if the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. 30. No cables, conduit or other equipment on the monopole tower pole shall be visible. All electrical work for the proposed antennas shall be contained within the monopole tower cavity. FIRE 31. Install a minimum size 2A10BC portable fire extinguisher located in the extinguisher cabinet. 32. NFPA 704 placarding is required to be displayed on the exterior of the facility of the specific hazard element. Ensure the correct NFPA hazard values are provided in the required sections (for facilities with fuel -fired generators). 33. Install an approved Knox Box on the exterior of the gate with a supply of tagged access keys to be stored within the Knox Box. 34. Provide site addressing by means of 6" numbers and letters completing the entire numeric and street name address. Characters shall be contrasting and reflectorized. 35. Office of the Fire Marshal shall review the new installation construction documents for compliance with these conditions along with applicable codes and standards. 36. Fuel storage for fuel -powered generators require separate and deferred submittal to the Office of the Fire Marshall. 194 PLANNING COMMISSION RESOLUTION NO. 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2023-1000 APPLICANT: COASTAL BUSINESS GROUP LOCATION: LA QUINTA RESORT, 49499 EISENHOWER DRIVE ADOPTED: PAGE 7OF7 37. Electrical energy storage systems in quantities exceeding levels identified in CFC Table 1206.2 require separate/deferred submittal to the Office of the Fire Marshal. BUILDING 38. The proposed structure including miscellaneous site support facility construction shall require permitting based on the applicable code at time of submittal for construction. 39. The applicant shall obtain facility addressing from the building division prior to submittal of plans for construction permitting and electrical service from Imperial Irrigation District. 40. Proposed construction shall comply with current building standards at the time of permit submittal. 195 ATTACHMENT 1 VICINITY MAP 196 ATTACHMENT 2 PROJECT INFORMATION CASE NUMBER: CONDITIONAL USE PERMIT 2023-1000 REQUEST: CONSIDER A REQUEST TO APPROVE CONDITIONAL USE PERMIT 2023-1000 FOR A TIME EXTENSION TO CUP2022-0011 FOR A 75 -FOOT -TALL TEMPORARY TELECOMMUNICATION MONOPOLE WITH ASSOCIATED EQUIPMENT ENCLOSURE WITHIN THE LA QUINTA RESORT PROPERTY LOCATION: 49499 EISENHOWER DRIVE CEQA: THE LA QUINTA DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS REQUEST IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA SECTION 15303 (CLASS 3) FOR NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES SINCE THE TEMPORARY MONOPOLE WITH ASSOCIATED GROUND -MOUNTED EQUIPMENT CONTAIN A SMALL FOOTPRINT GENERAL PLAN DESIGNATION: TOURIST COMMERCIAL ZONING DESIGNATION: TOURIST COMMERCIAL SURROUNDING ZONING/ LAND USES: NORTH: LOW DENSITY RESIDENTAL, OPEN SPACE, AND VILLAGE COMMERCIAL / RESIDENCES, OPEN SPACE, AND DRAINAGE BASIN SOUTH: LOW DENSITY RESIDENTIAL / RESIDENCES EAST: LOW DENSITY RESIDENTIAL AND GOLF COURSE / RESIDENCES AND GOLF COURSE WEST: TOURIST COMMERCIAL / RESIDENCES AND RESORT FACILITIES 197 FINDINGS FINDINGS: ATTACHMENT 3 1. Consistency with General Plan The design of the proposed wireless facility is consistent with La Quinta General Plan, which requires utilities and communication facilities to be available, adequate, and convenient for all residents. The applicant has determined that a need for this type of service, in this general area, exists and providing such a facility will help to ensure that the public has access to such services. The placement of the telecommunication facility at this site will have a negligible impact on the surrounding public thoroughfares and land uses. 2. Public Welfare The proposed wireless facility will not create conditions materially detrimental to the public health, safety, and general welfare. The facility will provide enhanced communication services to the surrounding area, including emergency and public safety communications. The wireless facility is required to comply with the American National Standard Institute (ANSI) standards for professionally acceptable radio frequency emissions to ensure the antennas will not interfere with the surrounding land uses. 3. Visual Impacts The facility utilizes a small footprint and is proposed as a monopole. The project, as conditioned, is allowed on a temporary basis and will be removed of its impacts within a timely manner. 4. Tower Design The proposed wireless telecommunication facility is designed at the minimal height to achieve the service provider's objectives for coverage within this portion of the community. The proposed 75 - foot monopole wireless communications facility, as conditioned, is allowed on a temporary basis and will be removed and replaced with a tower design consistent with City of La Quinta development standards for wireless telecommunication facilities. 5. Justification The proposed wireless telecommunication facility is necessary, as shown in the applicant's justification letter, to continue community access to wireless service from the project site. 198 January 2, 2024 Scott Nespor Senior Planner City of La Quinta Planning Department 78495 Calle Tampico La Quinta, CA 92253 ATTACHMENT 4 RE: Justification Letter -Temporary AT&T Telecommunication Facility -CUP 2023-1000 Property Address: 49-499 Eisenhower Drive, La Quinta, CA 92253 Dear Mr. Nespor, Please see the below requested information as part of ATT's request to extend Conditional Use Permit to December 13, 2024. Reasoning for Temporary Tower: The LL (Landlord) has triggered a relocation of AT&T's existing site. AT&T has submitted for a new Permanent site location and will need a Temporary site while the Permanent site gains its approvals and for construction to be completed. The Temporary site will be vital in avoiding an Off -Air situation for AT&T. AT&T's Permanent CUP (CUP2022-0010) was approved on December 13, 2023, and is working through the Building and Safety Department. Reasoning for Chosen Location: This Temporary location is further away from off-site residences in the surrounding neighborhood and will blend nicely with the palms that line the entrance to the resort. The Temporary pole will be painted monopalm brown and the antenna arrays monopalm green. This location is also in a parking area away from the vacation rental units. Timelines for installation and operation of temporary and permanent tower: - ATT's Temporary site construction is underway and is pending Transport delivery, which typically has a long lead time. Once the Permanent Tower is On Air, AT&T will remove the Temporary site, which is anticipated to take about 2 weeks. - ATT's Permanent site will take approximately 4 months for construction complete. However, this schedule is contingent upon Transport delivery which is anticipated to be the longer gating item. Integration could take up to three months to get the site On Air. - ATT's existing Permanent monopalm is scheduled to be shut down early in April since it will be completely removed by May. If you have questions or require additional information, please contact me at 909-202-1596. Thank you! Sincerely, Brett Smirl Coastal Business Group, on behalf of ATT 24310 Moulton Pkwy Suite 0 #1009 • Laguna Hills, CA 926374 Phone: 949.336.1550 • Fax: 949.446.6465 www.coastalbusinessgroup.net 199 ATTACHMENT 5 AHE DOCUMENT REVIEW Stilus Cade �� t Accepted—With minor or no comments, construction may proceed 2 Not Accepted — Please resolve comments and resubmll 4 Review not required. Construction may proceed AT&T MOBILITY Aecrp a e deesne4 rannliwr Wpe4alil of deagn delal., cll aU1n..ina y k I:.r m Ihoda or malarlsb deraloped or sabctad by IM submnl—Wanddoesnotr.11— SITE NUMBER: CSLO1748 .ubconi Marfrom full ENG CONST .DCONSatorn. T SITE NAME: LA QUINTA RESORT & CLUB Reviewed Status By Date PACE#: MRLOS103705 1 FAM 159870141 USID#: 324295 DRAWING INDEX (ZONING) REV. DIRECTIONS PROJECT INFORMATION M-CSLo174 B-TO1 TITLE SHEET DRIVING DIRECTIONS FROM AT&T WIRELESS, TUSTIN SCOPE OF WORK: AN UNMANNED TELECOMMUNICATIONS FACILITY INCLUDING THE INSTALIATION OF M-CSL0174B-AOI SITE PLAN M-CSL01748-AD1 1 EQUIPMENT AREA PUN 1 M-LSLD1748-A02 EQUIPMENT LAYOUT PUN ITURN LEFT ONTO EDINGER AVE 2 TURN LER ONTO DEL AMO AVE 3 TAKE THE RAMP ONTO AND MERGE ONTO CA -55 N 4 MERGE ONTO U-91 E 5 TAKE EMR 659 TO MERGE ONTO CA -60 E 1 15'X15 ABOVE GRADE BALLAST FOUNDATION (LS15) WITH 6'H WROUGHT IRON FENCE W/ MESH SCREEN 2. (1) 75'H MONOPOLE 3 (IZ) PANEL ANTENNAS ON MONOPOLE 4 (12) REMOTE RADIO UNITS (RRUS) AT ANTENNA LEVEL M-CSLO1748-AD3 ANTENNA LAYOUT PUN AND SCHEDULE 1 6MERGE ONTO I -ID E 7 TAKE EXIT 137 AND TURN RIGHT ONTO WASHINGTON ST 5 (6) DC SURGE SUPPRESSORS (DC9) AT ANTENNA LEVEL 5- (4) OUTDOOR CABINETS ON L515 M-CSL0174B-AD4 ELEVATIONS ! M-CSLG1748-BO1 TOPOGRAPHIC SURVEY (FOR REFERENCE ONLY) d M-CSL01748-802 TOPOGRAPHIC SURVEY FOR REFERENCE ONLY ( ) B- TURN RIGHT ONTO EISENHOWER OR 9 TURN RIGHT 10 TURN RIGHT 11 SLIGHT RIGHT 12 DESTINATION WILL BE ON THE LER 7 (3) DC SURGE SUPPRESSORS (DC12) ON L515 B (I) GPS ANTENNA ON ICE BRIDLE 9 POWER AND TELCO PANELS 1D. POWER, FIBER AND TELCO RUNS M-CS101748-902 TOPOGRAPHIC SURVEY (FOR REFERENCE ONLY) n VICINITY MAP SITE ADDRESS: 49-499 EISENHOWER DRIVE. POWER COMPANY: SCE U QUINTA, CA 92253 CONTACT PERSON: (951) 845-9066 - r - - - . •I �;� _ PROPERTY OWNER: MAIL SCHROEDER TEL COMPANY: TBD U QUINTA RESORT & CLUB,CO EMAIL SHROEDROHILTON M CONTACT PERSON: TBD PH: (760) 625-8540 APPLICANT: AT WIRELESS 1452 EDINGER AVENUE, 3RD FLOOR _ _ TUSTIN, CA 92780 • 1 JURISDICTION: CITY OF U OUINTA A ; x�A �•tr T� ''� APN: 658-190-011 CURRENT 70NING: CT TOURIST COMMERCIAL CURRENT UNIT USE: RESORT k CLUB • l NEW OCCUPANCY/USE: TYPE U (UNMANNED TELECOMMUNICATIONS FACILITY) r NEW CONST TYPE V -B LICENSE PREMISES: 273 SO R. ELEVATION (NAVD BB): 434 R AMSL �. 1 COORDINATES (NAD 133): LONGTTUD N33'4 B]5J' (33 687932') (-116 1013911') SITE QUALIFICATION PARTICIPANTS IF -481 71 " NOTE: ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED CODE COMPLIANCE IN AC OT INGRIINN THESE NCE TH THE PLANS SUTOEBE CONSTRUEDRENT ONS TOTO ESE P PERDES MIT WORK NAMENAME/CONF�ACTT COMPANY NUMBER NOT CONFORMING TO 1HESE CODES. 1, 2019 CALIFORNIA ADMINISTRATIVE CODE (CAC) A/E 0 K DO/BON YU DCI PACIFIC (949) 475-IDDO 2 2019 LALIFORNA BUILDING CODE (CBC). VOLUMES 1, AND 2 SAC BRETT SWIRL COASTAL BUSINESS GROUP (909) 202-1595 3 2019 CALIFORNIA ELECTRICAL CODE 1 2019 CALIFORNIA MECHANICAL CODE (CNC) SWIRL COASTAL BUSINESS GROUP 202-1596 ZONING BRE ) 5 2019 CALIFORNA ENERGY LODE RF CHRIS GAMBOA AT&T (678) 644-6014 62019 CALIFORNA FIRE CODE (CFC) 7 2019 CALIFORNA GREEN CODE CONST RON VANDERWAL BECHTEL COMMUNICATIONS (714) 343-0931 B 2019 CALIFORNIA REFERENCES STANDARDS CODE LL/OWNER - - DCI PACIFIC AIEIC WORKS awe,u• CSLC1748 LA QUINTA RESORT & CLUB PACER: MRLOS103705 I FAN: 15987014 1 USIDN: 324295�� 49-499 EI5EMHOWER DRIVE, U QUINTA- CA 92253 +�� Rh, 's�,l Xcn,,. toe jun——r- n W '��tiieny� AT&T MOBILITY TUSTIN, CA " "" "` "' TITLE SHEET ��,'I�X �' �iR.r�r.ra+cc'm „� ��• M-CSLO1748-TOI 1 of oT DCI PACIFIC AIEIO WORKS O$LO1748 ILO QUINTA RESORT & CLUB RACGMr MRL0510370$ I FAM: 15987014 I USIDM: 32419 a9-499 EISENHOWER DRIVE, LA QUINTA, CA 92253 } } .� al&t r, ,�. •uz eoixaeAnvF,ue.v,A noon nrs�w.uvxno �`; !:•r�i'J � _ •�� I „I „> , `\ I I ry-E.+ m^wssMl� I� xLvsora ar AIK .w.:.•.u. AA—CSL0174B—A01 I xvLvn �j �I I I ` Ia (E) PROPERtt LINE --1 I �I (E) BUJLD14C I 9uILDING � K W Ne x lesev�icoiW r 3 1 r wl _ Z w o. ([] iT.+.A K7 IPS II �— , (NI ATAT TEL[COM FACILITY, OEE /HEFT AP1.1 FOR ENLARGE NTE PLAN (I I I (E) PROPEfltt LINE � I w I I I �I Iw� I 1 wl �_.---- (E) PROPERTY LINEE w,, �I WI I I IL! PROPERTY LINE (E) PROPERIvLINE LOS AR80LES DRIVE a+ j I I� PNOPERtt LINE f DCI PACIFIC AIEIO WORKS O$LO1748 ILO QUINTA RESORT & CLUB RACGMr MRL0510370$ I FAM: 15987014 I USIDM: 32419 a9-499 EISENHOWER DRIVE, LA QUINTA, CA 92253 } } .� al&t r, ,�. •uz eoixaeAnvF,ue.v,A noon nrs�w.uvxno �`; !:•r�i'J � _ •�� AT&T MOBILITY TUSTIN, CA „I „> , SITE PLAN .: ry-E.+ m^wssMl� I� xLvsora ar AIK .w.:.•.u. AA—CSL0174B—A01 I xvLvn (E) BUILDING HP 14 INVESTNENF IP APN: 0.18 -IRA -011 $ V 9 EQUIPMENT AREA PLAN DCI PACIFIC AIEIC WORKS •ve I noe°"-eue•ml E,eveu•nr� (E) BUILDING IMI ATLT 111 E0. FT.lELECOM ^`FACILITY, EEE EHEET Api FOR ( MORE INFOIIMpTNIN �" Ifti b (E) TREE, TYP (E) HEDGEICYPRESS 'IRE- (E) PALM TREE, 7 MAIN ENTRANCE TO LA QUINTA RESORT & CLUB CSLO1748 LA QUINTA RESORT & CLUB PACE#: MRLOSIO3705 I FAN: 15987014 1 USIDN: U429_` 49-499 EISENHOWER DRIVE, LA OUINTA, CA 92253 (E) PARKING (E) FIRE Hg1Wf :::A! 'L PARKING m _ A (K1 A�PIi R]ROE1fO il'1�! i law ommw aw M W. nMr �� IIS I PpjplC POpEA 1f1lTr +xgAOMNlION REPORT I I L� I ii jl a 0 W z z w a. N I�; w -- }= (E) WALL — y -- (E) SPECTRUM HH [L] GENERATOR IOTHERS b c I�(F.] GENERATOR CONTROLL BY OTHERS [I] MHBY OTHERS �r fr] SPECTRUM HH _ - (F.I HH BY OTHERS -F- I. UTILITY UTILITY PANEL BY OTHERS --I.... -.'w*L (rA tOpY7P. CB DN m'ECpm PIANO, (N) Our POS PQL i(N) fYL MOOED 1680 FISIL W) I I (E) TRANSFORMER BY OTHERS � I I - "'E {fj�CC110Uf BElgl' (E) pppyE ru.. 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CA ""^ AI EIC WORKS PACS; MRL05103705 I FA/: 15987014 1 USIDK: 321295 !�.'1 GE}Q+ A, . u� P cvvn� rcm� rex r•-`- Rrwr gi� �lR-!4B os--nilil- EQUIPUENT LAYOUT PLAN LISENNIWILB "IYE, i,fi [pxn[xnvrlaEvro mn ISN uN�wz LAOUINTA, CA 92253 Tp'TM URI°° p1�AEp D— AA-CSL01740-A02 1 :m NOTE: • PAINT ALL ANTENNAS, MOUNTS, CABLES AND ASSOCIATED EOUIPLIENT COLOR GREEN TO MATCH (E) SURROUNDING TREE FOLME COLOR • PNM MONOPOLE BROWN TO MATCH (E) SURROUNDING TREE TRUNA COLOR 2 IW T IW Ul 220 73--g- NONE J� c- C2 { C4 (M MONDR01E — 4 (M (4) � 1s( ) Toru- fx�� R{NOTE RAIM DIM (War, u i OA TTW SURGE suT�eaDRs W PER SECTOR, (B) TOTAL as Iy l� As _ (Nd YII MIGIIBMNE DO EIELUA' ANIFNLAS ANTENNA LAYOUT PLAN AND SCHEDULE e::• 1 CSLO1748 l AT&T MOBILITY DCI PACIFIC =_�-y TUSTIN, CA LA QUINTA RESORT & CLUB fj "' "'cwl"L }° "' AIEIC WORKS •.-.. ;r at&t A :e::. ,V�rtrr1 ANTENNA LAYOUT PLAN 13ACQ: MRLOSIO3705 I FA#: 15987014 USIDM: 3R4193 - �,,. •;�: J• »u ' u _ �P AND SCHEDULE 49-499 EISENHOWER DRIVE, RcvcWs io7 � >a'•'r ++L[ t' „rv..lun LA OUINTA, CA 92253 nsnN.0 Mm y�w� eE A AA–CSL01748–A03 1 CSL01748 ANTENNA & RRU SCHEDULE aRA'TLANTrAREAL erAApss.[AOa1 uRInlAmn W_ Ili AAR uRw rllEe sR. s p[sALRI[[ nn } erN mucxalFa sezme ZuLmmJ MFR MOOELno AxINVSN C{�1[l FLsv ppSSq 4T'lliuWll11etlVA GI>• IIMYX OTA^ i[Acnl RRA At mY•SncORL NxxA Fac RAv Lm L RRu5 aAA9 es/e,x 1 uo L AMw Mxia NAA Ir Vi ALRNA NONE a N/A LRIn�Lwn lu¢A,A rl'4 nua11A f' .Llr QUINi[L s1A1SaR-fr ISE fl'4• AAY1 iRl11N f VA •f]�' f! 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NxxA Rsc R6V am , �„�� f � RRA B3 ERI[aSON AIR 6N9 erro D'' a ]m 1 6 lm i' isr VT N/� N/A N/A w onwlw�a.e m 'mom IAM,sAmaLR nrA z/r uaAlsn. meRse 3E zzR fru •DA auAlar i w ,Lr Nr cA wuEvmRT NNNE 65C-Rbve sw t rwALegaNlr 1 LIR .0 L/r "awn— 1 Ur Lm n nNL,oE AI�R•Ranio sn lra• ,.eaL a n,•: .1l' V� efT Vc c3 ccl oeRSR eUmAR 3RR �1'V wF.uMA1a 1 -VA CL L�YNFFi [Y N sC a3'-0• erS XU'1111 1 IH x/A rlr f ,m *a0 NOTE: • PAINT ALL ANTENNAS, MOUNTS, CABLES AND ASSOCIATED EOUIPLIENT COLOR GREEN TO MATCH (E) SURROUNDING TREE FOLME COLOR • PNM MONOPOLE BROWN TO MATCH (E) SURROUNDING TREE TRUNA COLOR 2 IW T IW Ul 220 73--g- NONE J� c- C2 { C4 (M MONDR01E — 4 (M (4) � 1s( ) Toru- fx�� R{NOTE RAIM DIM (War, u i OA TTW SURGE suT�eaDRs W PER SECTOR, (B) TOTAL as Iy l� As _ (Nd YII MIGIIBMNE DO EIELUA' ANIFNLAS ANTENNA LAYOUT PLAN AND SCHEDULE e::• 1 CSLO1748 l AT&T MOBILITY DCI PACIFIC =_�-y TUSTIN, CA LA QUINTA RESORT & CLUB fj "' "'cwl"L }° "' AIEIC WORKS •.-.. ;r at&t A :e::. ,V�rtrr1 ANTENNA LAYOUT PLAN 13ACQ: MRLOSIO3705 I FA#: 15987014 USIDM: 3R4193 - �,,. •;�: J• »u ' u _ �P AND SCHEDULE 49-499 EISENHOWER DRIVE, RcvcWs io7 � >a'•'r ++L[ t' „rv..lun LA OUINTA, CA 92253 nsnN.0 Mm y�w� eE A AA–CSL01748–A03 1 CSL01748 ANTENNA & RRU SCHEDULE aRA'TLANTrAREAL erAApss.[AOa1 uRInlAmn W_ Ili AAR uRw rllEe sR. s p[sALRI[[ nn } erN mucxalFa sezme ZuLmmJ MFR MOOELno AxINVSN C{�1[l FLsv ppSSq 4T'lliuWll11etlVA GI>• IIMYX OTA^ i[Acnl RRA At mY•SncORL NxxA Fac RAv Lm L RRu5 aAA9 es/e,x 1 uo L AMw Mxia NAA Ir Vi ALRNA NONE a N/A LRIn�Lwn lu¢A,A rl'4 nua11A f' .Llr QUINi[L s1A1SaR-fr ISE fl'4• AAY1 iRl11N f VA •f]�' f! RIASAM905/R1E Bt fOMUAWPI. NxxA Rsc R6V am , �„�� f � RRA B3 ERI[aSON AIR 6N9 erro D'' a ]m 1 6 lm i' isr VT N/� N/A N/A w onwlw�a.e m 'mom IAM,sAmaLR nrA z/r uaAlsn. meRse 3E zzR fru •DA auAlar i w ,Lr Nr cA wuEvmRT NNNE 65C-Rbve sw t rwALegaNlr 1 LIR .0 L/r "awn— NO N om: E: .PAINT GREEN ALL ANTENNAS, MOUNTS, CABLES AND ASSOCIATED EOUIPMENT COLOR TO MATCH (E) SURROUNDING TREE FOLIAGE COLOR •PAINT ALL ANTENNAS, MOUNTS, CABLES AND ASSOCIATED GREEN TO MATCH (E) SURROUNDING TREE FOLIAGE EQUIPMENT COLOR COLOR •PAINT MONOPOLE BROWN TO MATCH (E) SURROUNDING TREE TRUNK COLOR •PAINT MONOPOLE BROWN TO MATCH (E) SURROUNDING TREE TRUNK COLOR „ [[11�� AMTFlWy Aiq AS,LCIATEp (alyl[Nf, (X] ANRMMS ANO ASSOCSATED E9LIPIC7!!, ... --- -.—_—.—.- SFE SIRFT A03 FOR AIATD.'M'L MG. SEE SMEV7 A6S RIR ADDEIDUL N0. �. (0) YA W DISH (N) YA NO DEN orr 'n� - � e 5•� In (N) YONDPAE 161A (E) TREE, (rm AS PEQINE W (M) ROMCWI6 ACCOHIOBI7E (N) (N) tliB1E (QJ (E) TREE, (IIIY AS RFQIRE 7D AC0DMMDDATE (N) FENCE) (N) DPS ANFM ti • r (E) HEDGE/CYPRESS TREE _~ (M) 4GN BIW/ rROUGHf •/ IE541 SCBfD! -� 4 (N) SEANCE w ___ �1 : _ . � ION Gi YCII 11pEEk www IRON II ' -- p._D. 03' Au Y e-o' as Aum J I Ili1 III I f ONAOE —(E) CURB PUNTER (E) LURE F'IAYTEA� _ NUId,I N (isi 9Al1ART 04 Ac= AAR (N) ABOYE GRADE 9111AST � (10 ACCESS ANN FUIIIDITON (1517) SOUTH ELEVATION 2 EAST ELEVATION DCI PACIFIC CSLO1748 LA QUINTA RESORT & CLUB �� I'r=may •, ATUSTMNDcnTM �'•+��°�'_ ^� A�EI�WORKS at&t *i ° �7 '�4'• PACFj; MRLOSIO3705 I FA#: 15987014 1 USID#: 3!4495 Ay E.i ; ELEVATIONS W. Web a=. T >. >0 49-499 EISENHOWER DRIVE, 1151Emw "'^Xzl'^•>°" LA OUINTA, CA 92253 >usw ua>r� AA-LSL0174B-A04 lY OWNER'S NAME: w w II VESMYT LP ASSESSOR'S PARCEL NUMBER90- S) 658-1011 BASS OF BEARINGS (NADBJ; EPOCH POI D) _ �f '•'•T- '--^ R y® �PYS �X' C Nemage Palms c:gllI�� y a _ Itapcl •,•�. r:pr. , J IMI: y.•WLNa JAg1yA HEREON ARE BASED CALIFORNIA STALE PLANE COORDINATE SYSTEM - 20NE 6 As DETERMINED BY G P-S _ 'W �'�^�� A /lf ^ r•D Rr ORSERVATIONS, USING TRIMBLE 52C0/5BOO RECEIVERS AND TRIMBLE GEODETIC OFFICE SOFTWARE _ 160 BASS OF ELEVATIONS: NAW 19M vlgwnlYells --ya pyNnr PSI A '��i• ELEVAMNS ARE BASED ON GPS OBSERVATIONS FROM TWO NATIONAL GEODETIC SURVEY C0R5 REFERENCE STATIONS: I) JPLM, ELEVATION n.l C'SIW 1' = 150].49' AND 2) TORP, ELEVATWN = 101]2' W1TN DEDD 2012 CORRECTIONS APPLIED I+ iYV�yl motor[ -wlp - SITE BENCHMARK IS A PK-NAIL/WASHER, LOCATED SOUTH OF PARKING SPACE, HE OF SITE, AS SHOWN HEREON. ELEVATION Cq� 1 W A,VENIDA FERNANDO L�pc y ABMA PLeae tl'rie "^-..a1Ane.6 National Flood Irouronce Program: Counly: RrvER51DE --`_-- � �-'�_---- I Map/Panel: MOBSC7233H ETf-U,Ae Dote: 4/19/2017 I �• _: 'Y aTP + M1- 1Fj The Flood Zone Designation For this site is: ZONE: X I 1 PROPERTY LEGAL DESCRIPTION "1P0Qpix`� ept d Eisenhower DF. LOT 30 OF LOT LINE ADJUSTMENT W. 2000-334 AS APPROVED BY, IN THE ddlNta. CA 02253 CITY OF U OUINTA, COUNTY OF RNERSIUE. STATE OF CALIFORNIA RECORDED JUNE B. 20DO AS INSTRUMENT NO 2000- 210912 OF OFFICML RECORDS, I �1 _ w DESCRIBED AS FOLLOWS: oNaFILE TRACT No 29545-3, IN THE CITY OF U OUIMA, AS SHOWN BY NAP IN BOOK 169, PALES 1 THROUGH 6, INCIA.— CF IMPS, IN wl } �i r w Ir } w THE OFrICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOULOWS:I _ _-_ VICINITY MAP DINYING AT THE NORTHEAST CORNER OF LOT C OF SAID TRACT No 28595-]; THENCE ALONG THE SOUTHERLY LINE OF LOT C OF iWCi NO NP W INV�I'YBNT11w A eeB 100 1 I�- SLE IX:TAD 28545-1, AS FILED IN BOOK 268, PAGES B9 THROUGH 92, INCLUSNE OF RECORDS OF INERSIUE COUNTY, CALIFORNM, SOUTH e9. 52' 22' EAST 1 ]] FEET; THENCE LEANNG SATO SOUTHERLY LINE. SOUTH 0. 07' 30' WEST, 10483 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF I — LOT C OF SAID TRACT No, 28545-3; THENCE ALONG SAID LINE. NORTH 89' 52'21' WEST, 1.]3 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE - � �/i T----� L E G E N D ALONG THE EASTERLY LINE OF MID LOT C, NORTH O' 02' 38" EAST, 104S] FEET TO THE MINT OF BEGINNING ¢'' _ - W FIRE HYDRANT BC ROHM OF CURB ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN TRACT NO. 2970L 25 THROUGH 29. INLLUSNE OF MAPS, MAIN ENTRANCE TO LA OUINTA RESORT & CLUB �2{�J t • LIGIi GROUND ELTR ELECTRICAL TRANSFORMER ELVA ELECTRICAL VAULT AS FILED IN BOOK 293. PAGES RECORDS OF RNERSIDE COUNTY. CXUFORNK --- — O MONUMENT FOUND FL FLOWLINE CURB Y GUTTER PN: 659-190-011 — 556-190-012 / LIP 1 9GH Gn OFCUTTER EL ENATION SEE LIE n• a Pm Isl O TELEPHONE PED P5 PAINT SiRIFlNG *TREE PALM SWOP ROOF OP TITLE REPORT NOTES I o S C) W TC Top OF CURB (SEE PAGE ROD FOR TITLE NOTES) I K 7LVA TELEPHONE VAULT 6 WATER VALVE RTP TOP l5y TREE TW OP OF WALL p x Z _ _ _ p„6.,glAv LINE CENTER UNE L PROPERTY LINE WC TIE UNC RIGHT-OF-WAY LINE EISEMEM LINE s FUNDI Ln,[ l�S�q plTCGy !r �UILOINC EDGE I I �l` Y—IUIUAC �� i ioP ph. noo a bTbe dpr perlYvry.es — — enlsl ehe.. -- e. n oreplr.m a ora inlprm G- ps .pled he�een.s Floyd E.,. mg rp ,IM1e N� IrpnslolcE toppgrpplk urvry to rccpr0 informp9on VSO1g IM1e Ixe I.untl umenle e60.n Wer— NO IIIN re X—h w rL,( Pedarmed by FIOyd Surveying LSU > 2) AnY nt n�lM1.ul IM1e pgas mptle 1. IM1e imoll., an I- plpn_ r � [] I .ns e1d .11 c enl of Floyd S—yl.g -G—A Fl.Yd Surveying 01 6p6I111Y .,d W f l `o TM1e,e rp.,OpF zpe of cbpe�pu;ed cnlM1e n, lywlh ccgr 1 .I n n., � prKe el by men, willgi IM1e Surveyor Wrillen 'dimeiOp a IDX P p pge UI cpktl a zM1 II be veril;etl en IM1e jeb aIle, My Ii i CLL ORIZABA dlxrcponery eM1ollp be breugM1lple IM1e nOIT- of IM1e Surveyor p mr I. a rDmme.P em m a y erA 004) field —Ay paled on August 19, 7022 OVERALL SITE PLAN MEI 1'. 7.q I Ie _q FLOYD DCi PACIFIC CSLO1748 . �+ SURVEYING AIEIC WORKS }e+ aw ...LIE" TOPOGRAPHIC SURVEY B01 o Dl+I/rl I5:uf2 rca —N& SUE--, i e40DO DAULDON ST T1 TEMEWU, CA 9M2 wIFI CNaINEERwa lcw+�1- 49-499 ELSENHOWER DRIVE 9enso9s - OFFICE/ext: (.4.)200- 11 EMAIL O".TelOgmRll.eom Y•EA weWl wlT6 nR 11RVW1E IFu •Y•Ir LA OUINTA, CA 92253 LPs E� snr2un eoDFU-F 7AS SHOWN0[SCA[0 rN•4>.000l•A•4n 1wI a ! 1 �F 9 - + J I ilv Lz ."-LDIMPJTF LP 1+6EI-l>ro-nil I `I j I i l I LEGEND rm i ELT R ELECTRICAL TRANSFORMER E E Sn ELVA FLECTPIGL VAULT MOMENT FOUND FLLOWLINE CURB k LUIIER IP OF GUTTER I NLN NIG r p I L SFE .4 •T e. M1TA sT GRO",*Ll D SPOT ELEVATION 0 TELEPHOVE PED PS RAW STRIPING * 1RCE PALM RTOP ROOF TOP DX �JL�AI + r EF R' t1 TREE DECIDOWS 1L iOP OAF CURB 6 WATER VALVE TILIA RTP TRUEPIIONE VAILT OF > I 1W MR CWALL �L LINE CENTEERR UNE {RIPulsC PROPER" LIN_ �f T�LL 7SS ` 1 n y RISC TIE RIC—OF-A- LINE — -- `ASEMENN LINE �'TA i"T Ti+ r1�M1 !7y ! , INCENc EODE MER�A�EWACL 4. I ieT� ibis is nol o boundo, s TM1�Sane ellli is o lepo0•ppnk lne s tie. n�,en "p,r A'� erTr :✓ '�A s°r" © _ X41! - ' i m p a s n r.ee, tlearecNoel Ile `Ae .1, p•ai Ine 0 snYn9 11 ron or I onslouna Ine pl^npogsuprvv 1. ._.` J aS� X3°6 fe .. - - - ,� �•1R— 1� _ 63i - - - - _ F I nn per"ormetl by Fey I Any c mnae m me Ill bl- - Inic plpn, .0- Ine mitt- c Df Floyd SurveWn9 reT— .yd Surveying o y "d JI Tnne pd'Ipl In qs k II noll�c U-sa onlFe FproperlY hbc[%r:gnl a F9 tl 5 , iyi,I Ines Surv%prb Wallen almenl:enls a II IoLe Lep byl Qlr vile k commencems ole be f o opm0gnlelp blM1e npl a al the (Surveyor p tr Io l oE A) Field su Lo pleled on A99usl 19, ]OI] — I.fI a wl"EX i DETAIL SITE PLAN ;'. •®• FLOYD SURVEYING DCI PACIFIC AIEIC WORKS CSLO1748 at8ct � • , JMF- JAwe �� srREET R:>Illly a e.xt/As IsveD P_r m.AI. XMmMTOPOGRAPHIC :tl SURVEY B02 TERECUU, u az'saz OFIICE/CeII: (919) 30 N211 EMAIL Dnestl.nlepmpn,eeml•.v,ys RR IeNeNEFRIAA;ILouwLnr,e pAQ Iw1rE IT011RVINI:1 u•..I, lool F 49-499 ELSENHOWER DRIVE LA QUINTA, CA 92253 MSi LOOK Tusrw uA:np PATE REUSX)NS f E 0r54 C9➢nlw� TITLE REPORT NOTES TPL: q,twTR ua THE FOLLOWING EASEMENTS EFFECT SAID PARCEL ACCORDING TO PRELIMINARY TOLE REPORT: PREPARED BY - COMMONWEALTH IAND 1HLE INSURANCE COMPANY TITLE No -9201])68-920-CMM-CMB GATED - APRIL 25. 2022 SEE SMD TITLE REPORT FOR OTHER DOCUMENTS (NDN -EASEMENTS) EFFECTING SAID PROPERTY, NO RESEARCH WAS PERFORMED BY FLOYD SURVEYING BUT RELIED UPON SAID TITLE REPORT FOR THE EASEMENTS REVIEWED BELOW: ITEM 02 - Epeemenl(s) Ipr In u pae(e) sbebw and ham rlgM1 berela incitlenl9l ln is elmeptad or p, Poll -PI., ded!cp Gary pn Ina m.P el ansa eat/plottl Purpose: E.cwvlien, Iwng,F.c ^almcUun, inzlollolion, m ttlncpl I'� a. upporls, rli.t plef em IM1e c�lll:esavndmo warn ��igM1l o I,, cnsvnd egrets a er pntl within fume 1°, mo nlenv,me, --i P, p iP, and mvrgencY v Allecl, 6 Intlep 10 Ieel 'n x�dM1 vtljpcenl Ip Aren.da Obregon Norin and Cols A, C, D, E and ]O Ps sAo.n on Tmc1 28515-] (E%ACT LOCATION IS NOT gSCLOSEE OF RECORD) ITEM 03 - Rnerwlians cenla,ned ,n the POlen1 e United Stoles of Americo cortling pole Mpy 1B, IEll Recordid' p: -1 6. Page 302 .1 Potent, l -S pl- III R,tl _;Md, v Suhjecl le M ve IMued w , It, for m ning, vg1ici,1L.RI. pdurinq, o .d oz gbls to manes end re oFS use[ .letlgea by Iluttle eualomelsla end decb:enanie urle. o IM1cnres , d, I- U. I- M1creby grvnled O rlge I PI . e Thereon loth ditches ev hofs°c nslrucled by IM o tlmrily al t United Stoles (EXACT LOCATION IS NOT DISCLOSED OF RECORD) ITEM 0. - Em nl(su for , sa(s)s wn bob pntl ricin mc.-Ol IM1nele detlicnlm «R nee a lea m, Irys e 1,no vpllry A. III, D'ntrlc l_ IvrmerlyeCepchalla Volley CDunly Woler D:alricl e6c ANIIcl':r oPublic ,dRdl and right, Of way, p ;rale a cola pM r;gAla of way 1 ppm. P s. ditch- pntl conddIP o untln o the Lnnd, a of in by m I'd, Oldr loathe 0 anvrying din;gp11ne9 Ippntlm eslica.aTle�u1. such .1M1er Ivnds by )neons eft such pipe Ines. ditches aaC, (EXACT nLOCATION IS HOT DISCLOSED OF RECORD) OEM 05 Pgjfml. From: ine Un;letl Slolee el America Reco,tl:rg Dole Nwember 'e, 191 co,tling No: Beak ]. Pp 320 O P. -A RWhich e mango other ming', rttRn s I011o.f: St cl leo [sled o d o crued Nater righla ID, mncullurel, pcluringY ° ,Ih,, p pntl rigM1ls I. clichesp re wrl u Id action Nims w be recogni.ed and o«ledged by 1 and declsinna of me c urle, and IM1e re when Irpm IM1e I. hint hereby grpnletl. o right pl xoY Thereon Ivr dile M1es ev S nalrucletl by IM1e vulnorily pl IM1e Unidd 11-1 (EYALT LOCATIONIS NOT q OSED OF RECORG) 1TEM e6« i......I(ie nna cum[^ipoae(,) [hewn h.bw nna rigmf innemlol GIn Ipp r« Soulhern S;erPeer COmpmry urpI.-r °a III,% ordng D Pecordng Nene B«k SO% P- 152 .1 Deem (DOES NOT CROSS PROJECT AREA) ITEM 01 - Epsemenl(s) Ipr IM1e purese(s) Ph... beta. pntl rigM1ls ineidenlDl memlp vs sal loan in a document:o ol: 0<=ea Derelvpmenl CvmpOM• v co -divn B -Id n' Date June 21. 1926 Recording N0: Beek 675. P., 569 of Deeds (EIIACT LOCATION IS NOT DSCLOSED OF RECORD) ITEM AB - E. snmenl(e) for the pIdp i,(s) .dbelpx nna right, ;ncidenml Thermo P sal Ieah in o J. -I d S -h- Sierras P parry Pd tlergreuna a nduRe m Pecordng Dole:Jonuary 7 11929 c cording N0: Rock 792, P'9' 592 pl Deeds (DOES NOT CROSS PROJECT AREA) ITEM v=eman 010 - El(f) for Iha PI, «tt(c) = he1o. ono g ,ncid-.1 U-1. os set forth In o d nI:M1nn OI: rrigI Dmldcl P. Recoding D,11:1, e26. 19.9 cerdng N.. B«k 1019. Page A22 Rd 011iciol Records (DOCS NOT CROSS PROTECT AREA) Tiref Eaugl IweEs cc9rrlNCRa 17EM 012 - E. - -t(,) I , m. , e.e(s) P n helnx nna r9 e m.mal me I le iepa«umanl:� n furor o Cnrl M L -b. Jr, 14--l-I,2 a semen) ler ing c pntl egress Recodir:g pale Vvy eed '975 cording N of .1kRecords (DOES NOT CROSS PROJECT AREA) HEM A13 - Eommenl(P) I r IM1e p oae(s) s n halo. pntl rg s mddenlol Inerelo ns Rel IarIM1 in pun«umanl:nn n 1°.m vl: Lb Ow JOinl Vand- a aim ran -p-di of Md - . Cor roti° o Cel era Ran Ontl Lo 0-t. rnntmants Com«ny,n miktl porinehip c pedeelri.n end vehicular ncceaa cord ng N e559BRT.1 ON. -I (COES NOT CROSS PROJECT AREA) acn ITEM 014 - Eezemenl(v) for IM1e p ose(e) s n below O1tl rigM1ls mcitlenlal Iharele - =el d,1h in o document. m 1. eE seamern Cmxemb wee pony, n RR pnrmbn Public u1111I7n R.ca ng DaleNwempar m, 19RI corning No: 31]2]9 .1 011ie:°1 R corns (DOES NOT CROSS PROJECT AREA) a ITEM 016 -EOsemens(el Infor IM1e pu°O .(,) = M1O n be and right, Than rnntlenlol t[ os 10-b n tl« Id: In I1.- o: C«cnello Volry oler O bml Pubpe uL1117- R. Ping Dme Ah'il 9, 1982 --mg No: 61290 0l OIIIdvI Rttorm (AS SHOWN HEREON -DOES NOT CROSS PROJECT AREA) HEM 019 - Mmlem -di-d in mm «-vin d«,:mom EnliRad; E- l nna Cwennm Agreement Dm.d; Junaml5,d '983 E. -di by d Company, In o Ne corp -i- pntl ° Colllorni0 nonproit cp p .[lion Recvran gs Dol w ury sl. 19R]n Necordng No: 132695 GI OIHci°1 -o- (DOES NOT CROSS PROJECT ARCA) HEM 020 - Eosemen9A. (s) for a purp(s) s n be1o. end rgnb mc,aenbl th-11n os el Rh lofe m v d«umenl: M10 n Inver Dk hone V011vy Cp ly W.I., CialNcl ding DollU11- e1 t '981 (WEE iN Ne 'pO6PROJE2 �1 O ARE corm (DOES Wl CROSS PROJECT R - ITEM 022 - --Lt. -dilip eM,;clip s and easrmenle and prw mldned ;n IM1e Cmn1 - I m Lvndmv k Lpod Cnm °I C.Ifld , olr Pot Sprim, 0 Cal ° i- po nii-Pr re ed oDttI,-, ]R9 1981, a Inelrumenl NA.o I16]TO 1.1 OGi. I I1 -Pr . rs,tle Ceunly. Colilornio. s (DOES NOT GROSS PROJECT AREA) neo 023 - Ememenl(,) br map nee(,)' h .n bebx nna ,:gine i,dd ,1.1 111,1 e m Pel RR M1 in o J. -Irl: In favor ol: Imperial Irrigalian Dislricl, o public RR -y OI IM1e Stole el 1 1CFolilnm:O W� LM,de•p�e,nd A.en a au.• own ..a xr..k.a a L'.exa a•J RecvW^g OeleOglovn 10 1984 pecp•19rg R¢.:SSDAB RI p1CQy R11de (WFs NOT -1 PBCJEn ITEM 024 - Lme�^I[=1 la =pmf><(.j yvb11 kelr 91d rgh)F .¢=' ,11r'1ry M fat 1sY, NL v 0•e1w,1 ; n 1Gror o1: PociGc Telephone ono Telegraph L mp Y. ce pOro- Pur Pub 1i61in d mg Dole:Jo uory 13, 1902 Recording Na: 76'R .1 OIII6.1 --P (ODES NOT CROSS PROJECT AREA) ITEM 025 - Mmlers cenmin.d ,n Incl ce,lo•n d«umenl Ennlled I.e.-Y! by An"n Cp�po t- v C°Illor -p-ti Io Ouinm J-1Venture, ° loinl se more c e1 M d o Ouinfa Irnnlmenl Cempvny, On CHIP Iimiled oporinersnip; onde Landmark land C -P., e1 Cnllmr . Inc o Cel ,el:e ane Soni. Rea. Cove Ws«ipl'nn, tl C9111ernn -1-1 eY-111 r� d c p Imo g Oate:Jonuary 13. '9B)n Rttprtling N : B]B1 o Dlliciol Recorm Palen«e a hereby mode to said document fo full p.diculprs. (EYALT LOCATION IS NOT OISCLOSEO OE RECDRD) nTIF 9.-,r A tEi CQ'+O4T,S➢1 ITE026 - enl(s) I r IM1e v fe(e) a n h.- one dghls ,n,Me. ldl myelo os Rel m -h in vu E.cumaId no In 1g HL ='- tWrk)< compvnF Wf C.IITSmn, nc., o Deln.ore eefi^ IRIT. Puryois:SYMpWar pntl de Rlsivn r sono agree[ pntl Rl Il, H.: II.IIrWq'ae'x febrl.rr +], 1tMR n9 [.ding a NIS T O orfs (EXACT LOCATION IS NOT DISCLOSED c Cr RECORD) ITEM 022 - E.-II.l(e) oI de r IM1e P =r(,) s h.- halo. nna g mntlenlol IM1nele vs Rel lan in o cumenl: Pi,- i f el: LOacnellp Volltl Woler Ilialdcl ao,war Dvmezl•e x n /o, on,l,lian ryalem di,9 N.: November ] tci.1 cES HO NO: 368828 el Official flecems (DOES u0i CROSS PROJECT MEA) ITEM 028 - R-A.III os Pnoxn pn Ino ce-mn pp/pial Which om ng [mer din recon We hereby re a Lob A Through F, Inco PAID -c, perking Ontlscoping, my nlenvnce and re cola nal p z for (m s e benefit v rselrey v v,tl IM1e. 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Th„ Is era :ea mpeg,ephm m edr Inez nna a °eni,li.nn.n nemn, Flpytl Survrying ,o bled rine L gra Dh'c Int,, e amgne m emf a rapti Nedrne ,eeee en .ef pe -armed by L wd Surveying my 1 An made a IFe int this I,-. e xrillen Yc oenle of Flow l Surreving r IiLus pytl Survrying ilol cpyhe and all I'mh�,it, 3) It,- e,oxi s ecU,colions o wagM1l o Floyd Suneying�k a p y ng eemem • ul rbW d d men�bnsn s II loke�ce preference a Sd R s 1 d, Pile, My d:=crepOncy a II bac brought d IM1e enol a OI the Surveyor p ., 1. cnmmencemenl of o y .- A ) arkA) F;i su Y o pIYI. e1 AuI '9, 2022 FLOYD SURVEYING 3100! .-RON -ET 7 ECUTA, CA II OFFICE/.H: (9.9) 300-0820 ENAIL• 011gd.l•IOpmell.eom DC1 PACIFIC AIEIC WORKS Rei YNvwEFePPCIcovFMLnlc YSu rw•sa .iwvsC l2DIIRVIrleluv2es• I•n.rs lmlF CSLO1748 49-499 ELSENHDWER DRIVE V1 Ql1 NTA, CA 92753 /e•�N}}pp�}} Y�`CCl Mobillly NR EWNOER PVENUE.]RDFLOOR TUSTIN CwINR TOPOGRAPHIC SURVEY B03 e en';:r 1 r� td4 FDk js1-01.1 DM "1 CAF AOASCI+� - Fs sNcwrl DESu.EC I.A. AERIAL MAP COPYRIGHT: GOOGLE MAPS, 2022 EXISTING PROPOSED A. ATT E0IJf(7MFNTCABIfJETS INSIDE NEW WR0IJGHT FR ON FFNCE WITH MESH .y SCREEN OVER L5- f S FOUNDATION i AT -r r'ANEL ANTENNAS AND Raul ON NEW MONOPOLE ATTACHMENT 6 is Q DR AFTLINK 'SIMSE�➢RAFRIHR.[OM P = --R PHOTO PROVIDED BY: COASTAL BUSINESS GROUP CSLO 1748 24310 MOULTON PARKWAY VIEW SHEET SUITE 0 #1009a}&+ LAGUNA HILLS, CA 92637-3306 at&t LA QUINTA RESORT & CLUB 49-499 EISENHOWER DRIVE 1/4 CONTACT: BRETTSMIRL LA OUINTA, CA 9Z253 AERIAL MAP Cry 7 � �- r DRAFTLINK P'. PROPOSED SIMS'ORAFTLINKCCM _ S, V 7w� RTT PANEL ANTE NNRSAND RR[33 _ i ON NnV jVl[]N'QPDLE COPYRIGHT: GOOGLE MAPS, 2022 ATF EOLJFPME-NT (ARINM MVIDE NEW ✓ WROUGMT IRON FENCE WITH MESH EXISTING SCUEN OVER LS -15 FOUNPATfON I • � x PHOTO PROVIDED BY: COASTAL BUSINESS GROUP 24310 MOULTON PARKWAY CSL01348 VIEW SUITE 0 # 1009 } LAGUNA HILLS, CA 92G37 -330G a &t �•- CONTACT: BRETT SMIRL fSHEET LA QUINTA RESORT &CLUB 49-499EISENHOWERDRIVEB LA OUINTA, CA 92253 AERIAL MAP COPYRIGHT: GOOGLE MAPS, 2022 EXISTING 24310 MOULTON PARKWAY SUITE 0 N 1009 �• LAGUNA HILLS, CA 92637-3306 CONTACT: BRETTSMIRL PROPOSED C 4913 >)I,AFTIJNx stms a ljw .mm ATT PANEL ANTENNAS AND RRU'S ON NEW MONOPOLE ATT EQUIPMENT CABINETS INSIDE NEW WROUGHT IRON FENCE WITH MESH SCREEN OVER LS -15 FOUNDATION PHOTO PROVIDED BY: COASTAL BUSINESS GROUP CSLO1748 LA QUINTA RESORT & CLUB VIEW SHEET at&t 49-499 EISENHOWER DRIVE C 3/4 LA QUINTA, CA 92253 AERIAL MAP COPYRIGHT: GOOGLE MAPS, 2022 EXISTING PROPOSED ATT PANEL ANTENNAS AND RRUS ON NESP/ MONOPOLE ' I .. -- * C112 DRAFTLINK MWq MAF LINKCOM PHOTO PROVIDED BY: COASTAL BUSINESS GROUP 24310 MOULTON PARKWAY SUITE D#1009 }p} �.� LAGUNA HILLS, CA 92637-3306 �. a &t CONTACT: BRETT SMIRL CSLO1748 LA QUINTA RESORT & CLUB VIEW SHEET 49-499 EISENHOWER DRIVE D 4/4 LA QUINTA, CA 92253 212 PUBLIC HEARING ITEM NO. 3 City of La Quinta PLANNING COMMISSION MEETING: January 9, 2023 STAFF REPORT AGENDA TITLE: CONSIDER ADOPTING A RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2023-0004 FOR A NEW MIXED-USE RESIDENTIAL AND ART/GLASSBLOWING STUDIO; CEQA: THE PROJECT IS CONSISTENT WITH THE PREVIOUSLY ADOPTED ENVIRONMENTAL IMPACT REPORT WHICH WAS PREPARED FOR THE VILLAGE BUILD -OUT PLAN (EA2016-0012); LOCATION: 78095 CALLE CADIZ RECOMMENDATION • Consider a resolution to approve Site Development Permit (SDP) 2023-0004 and find the project consistent with the Village Build -Out Plan EIR (EA2016-0012). EXECUTIVE SUMMARY The project site (Site) is located on a vacant parcel (770-153-002) south of Calle Cadiz and west of Desert Club Drive (Attachment 1). • The project is proposed on a currently vacant 0.27 -acre site within the City's Village Commercial (VC) zoning district. In order to make a recommendation for approval of the project, the Planning Commission must make findings relating to architectural and site design, landscape design, and find the project consistent with the City's zoning and General Plan, and ensure it is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Attachment 2). BACKGROUND/ANALYSIS The 0.27 -acre Site is currently being used as a temporary glass blowing workshop and is located immediately west and east of existing commercial buildings (Attachment 3). The project will consist of three (3) buildings, with a single driveway off Calle Cadiz. Parking will be provided along Calle Cadiz with additional covered spaces onsite. Site Development Permit SDP The project is proposed as mixed use with both commercial and residential components. The commercial component consists of a 1,600 square feet (sf) glass blowing studio and an 832-sf gallery for a combined total of 2,432 sf of commercial square footage in Buildings 213 A and B (Attachment 4). One (1) residential unit is located in Building B and the remaining (5) residential units are located in Building C. The six (6) residential units include the following: Four (4) Studio units ranging from 442 sf to 832 sf Two (2) One Bedroom 558 sf The project includes decks for residential units, a foyer connecting Buildings A and B, and an exterior art garden. The project's location in the Village allows walking or biking distance access to shopping, markets, restaurants, and job opportunities. The project is consistent with the City's General Plan and Municipal Code as mixed use is encouraged and walkability is desired in the Village Commercial zone. Architecture The applicant proposes a contemporary style of architecture and has included variations in materials, including precision block, metal railings on the balconies and entry ways, and variations in siding which provide a color contrast to the buildings. The applicant has varied the roof lines and wall planes to avoid a monotonous building, helping reduce the mass of the building. The maximum height of the building is proposed at 27 feet (ft) for Buildings A and B and 24 ft for Building C, which are under the allowed maximum height of 45 ft within the VC zone. Landscaping Landscaping is proposed throughout the Site and is described within the Preliminary Landscape Plan (Attachment 4). The proposed preliminary landscape palette incorporates typical desert compatible species such as Date Palm, White Thorn Acacia, Texas Ranger, Pindo Palm and Sunrise Tecoma. Parking Analysis The project includes eight on-site parking spaces: six (6) parking spaces at the front along Calle Cadiz and two (2) covered carport spaces within the site. Per Section 9.150.070 of the La Quinta Municipal Code (LQMC), the number of spaces required is 16 spaces. The LQMC Section 9.150.050 (B) allows for a reduction of 50% of the on-site parking. The eight on-site parking spaces provided for the project meets the 50% reduction allowed. Should the project generate the need for more parking, there is an available supply of on -street parking spaces in the immediate area to the project site, as identified in the most recent Village Parking Study. AGENCY AND PUBLIC REVIEW Public Agency Review All written comments received are on file and available for review with the Design and Development Department. All applicable comments have been adequately addressed and/or incorporated in the recommended Conditions of Approval 214 Public Hearina Notice This project was advertised in The Desert Sun newspaper on December 29, 2023, and mailed to all property owners within 500 feet of the site. No written comments have been received as of the date of this writing. Any written comments received will be handed out at the Planning Commission hearing. ENVIRONMENTAL REVIEW The La Quinta Design and Development Department has determined that this request has been previously assessed in conjunction with Environmental Assessment 2016-0012 which was prepared for The Village Build -out Plan (SCH# 2015101019), which was certified on December 20, 2016. Prepared by: Sijifredo Fernandez, Associate Planner Approved by: Danny Castro, Design and Development Director Attachments' 1. Vicinity Map 2. Findings for Approval 3. Project Information 4. Development Plan Set 215 PLANNING COMMISSION RESOLUTION 2024 - XXXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SITE DEVELOPMENT PERMIT FOR A NEW MIXED-USE RESIDENTIAL AND ART/GLASSBLOWING STUDIO LOCATED AT 78095 CALLE CADIZ CASE NUMBERS: SITE DEVELOPMENT PERMIT 2023-0004 APPLICANT: KEN PARSONS ARCHITECT INC WHEREAS, the Planning Commission of the City of La Quinta, California did, on January 9, 2024, hold a duly noticed Public Hearing to consider a request by Ken Parsons for a new mixed-use residential and art/glassblowing studio located at 78095 Calle Cadiz, more particularly described as: APN 770-153-002 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on December 29, 2023, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1. Consistencv with General Plan The proposed development is consistent with the General Plan land use designation of Village Commercial. The City's General Plan policies relating to the Village encourage the development of a mix of uses to create an integrated, walkable community that blends residential and commercial development. This project meets the following Goals, Policies, and Programs: - Goal LU -7 Innovative land uses in the Village. The project proposes a new mixed use project within the Village, blending commercial with residential development. Policy LU -7.1 Encourage the use of mixed-use development in appropriate locations. The proposed project encourages mixed use development in the Village area which is an appropriate area for mixed use. - Program CIR-1.12b Encourages mixed use development to provide optimum internal connections between uses. The project transitions 216 PLANNING COMMISSION RESOLUTION 2024 -XXX SITE DEVELOPMENT PERMIT 2023-0004 PROJECT: MCQUAID STUDIO LOCATION: 78095 CALLE CADIZ ADOPTED: Page 2 of 3 between the commercial and residential uses, connected with a common drive aisle. Program AQ -1.3f Facilitate mixed use development concepts in specific identified areas to allow a combination of residential and non-residential uses, such as live -work -shop designs. The project consists of a mixed use development and facilitates these concepts. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code in terms of site plan and landscaping. The Site Development Permit is compliant with the Zoning Code's development standards, including standards for setbacks, heights, and parking. 3. Compliance with California Environmental Quality Act The La Quinta Design and Development Department has determined that this request has been previously assessed in conjunction with Environmental Assessment 2016-0012 which was prepared for The Village Build -out Plan. 4. Architectural Design The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the Village area. The contemporary style architecture is enhanced with architectural features such as balconies and varied roof lines to avoid monotony. 5. Site Design The site design of the project, including project entries, circulation, screening, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the Village area and the City. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics, including drought tolerant desert landscaping, established in the General Plan and Zoning Code. The landscape proposed adds to the overall architecture of the building. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 217 PLANNING COMMISSION RESOLUTION 2024 -XXX SITE DEVELOPMENT PERMIT 2023-0004 PROJECT: MCQUAID STUDIO LOCATION: 78095 CALLE CADIZ ADOPTED: Page 3 of 3 SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. SECTION 2. That the Planning Commission finds the above project consistent with the previously adopted environmental impact report which was prepared for the Village Build- out Plan (EA2016-0012). SECTION 4. That it does hereby approve Site Development Permit 2023-0004, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on January 9, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California STEPHEN T. NIETO, Chairperson City of La Quinta, California 218 PLANNING COMMISSION RESOLUTION 2024 -XXX EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2023-0004 PROJECT: MCQUAID STUDIOS LOCATION: 78095 CALLE CADIZ ADOPTED: PAGE 1 OF 9 GENERAL The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The Site Development Permit shall expire on January 9, 2026, and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Development Services Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Design and Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements for the permits and/or clearances from the above -listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); 219 PLANNING COMMISSION RESOLUTION 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2023-0004 PROJECT: MCQUAID STUDIOS LOCATION: 78095 CALLE CADIZ ADOPTED: PAGE 2OF9 Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-DWQ. 5. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 9. The applicant shall offer for dedication all public street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10 The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Calle Cadiz — No additional right of way dedication is required. 220 PLANNING COMMISSION RESOLUTION 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2023-0004 PROJECT: MCQUAID STUDIOS LOCATION: 78095 CALLE CADIZ ADOPTED: PAGE 3OF9 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 12. Direct vehicular access to Calle Cadiz is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 13. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENTS 14. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 15. No street improvements are required. PARKINr, 16. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking space and aisle widths and the double hairpin stripe parking space design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking space lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2 -foot overhang for standard parking spaces and 18 feet with a 2 -foot overhang for accessible parking space or as approved by the City Engineer. One van accessible parking space is required per 8 accessible parking spaces. 221 PLANNING COMMISSION RESOLUTION 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2023-0004 PROJECT: MCQUAID STUDIOS LOCATION: 78095 CALLE CADIZ ADOPTED: PAGE 4OF9 17. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 19. The following improvement plans shall be prepared and submitted for review and approval by the Development Services Division. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Precise Grading Plan 1" = 20' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. Precise Grading plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, building pad and floor elevations, wall elevations, parking improvements and accessibility requirements. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.lag uintaca.gov). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 222 PLANNING COMMISSION RESOLUTION 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2023-0004 PROJECT: MCQUAID STUDIOS LOCATION: 78095 CALLE CADIZ ADOPTED: PAGE 5 OF 9 21. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for parking areas shall be stamped and signed by qualified engineers. 22. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer. 23. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY 24. Prior to constructing any off-site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off-site improvements, or as approved by the City Engineer. Cd:L10710W 25. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 26. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 27. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, 223 PLANNING COMMISSION RESOLUTION 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2023-0004 PROJECT: MCQUAID STUDIOS LOCATION: 78095 CALLE CADIZ ADOPTED: PAGE 6OF9 C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 28. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 29. Building pad elevation on the precise grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the preliminary grading plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 30. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 31 Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. DRAINAGE 32. Stormwater handling shall conform with the approved hydrology and drainage report for the Art Studio (SDP2023-0004), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 33. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain 224 PLANNING COMMISSION RESOLUTION 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2023-0004 PROJECT: MCQUAID STUDIOS LOCATION: 78095 CALLE CADIZ ADOPTED: PAGE 7OF9 Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 10 - year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 34. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 35. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 36. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 37. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 38. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. UTILITIFS 39. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 40. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 41. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 225 PLANNING COMMISSION RESOLUTION 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2023-0004 PROJECT: MCQUAID STUDIOS LOCATION: 78095 CALLE CADIZ ADOPTED: PAGE 8 OF 9 The 92 KV transmission power poles and all existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 42. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. LANDSCAPE AND IRRIGATION 43. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24. 140 (Landscaping Pians). 44. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 45. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 46. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 47. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 48. The applicant shall submit the final landscape plans for review, processing, and approval to the Community Development Department, in accordance with the Final Landscape Plan application process. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. 226 PLANNING COMMISSION RESOLUTION 2024 -XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2023-0004 PROJECT: MCQUAID STUDIOS LOCATION: 78095 CALLE CADIZ ADOPTED: PAGE 9 OF 9 NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 49 The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 50 The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. MAINTENANCE 51. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 52. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, common areas, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 53. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 227 UM _SITE AVENUE 52 DRIVE COYOTE' cP CANYON DUNLEVIE,/ COURT Cl TATION BIRKDALE C0UR T COURT ILLA RT. LATROBE F.� LANE wINNIE ,IN pEACON TE DRIVE E ATTACHMENT 1 ENTRY WAY lyl-- r„ TRIN TRAIL ATO DR PINNACLE POINT VICINITY MAP N.T.S. 228 A AOITIZU dA ALE A ! E HI DA ;O 'ALL SINALOA ,A LED 3A G 4 0 ALE 5 40 ;A N q Cr- fl �i�J w Q a 6cr 2 V)O Z ZCD ¢zk ¢¢wwww gLLJ wCAH( c)=>.=:> m COL rCq� gaga``' ¢ a¢¢ o�o�n cm a a¢ g q a g q q a E DEL C CORAL LANE _SITE AVENUE 52 DRIVE COYOTE' cP CANYON DUNLEVIE,/ COURT Cl TATION BIRKDALE C0UR T COURT ILLA RT. LATROBE F.� LANE wINNIE ,IN pEACON TE DRIVE E ATTACHMENT 1 ENTRY WAY lyl-- r„ TRIN TRAIL ATO DR PINNACLE POINT VICINITY MAP N.T.S. 228 ATTACHMENT 2 FINDINGS 1. Consistency with General Plan The proposed development is consistent with the General Plan land use designation of Village Commercial. The City's General Plan policies relating to the Village encourage the development of a mix of uses to create an integrated, walkable community that blends residential and commercial development. This project meets the following Goals, Policies, and Programs: - Goal LU -7 Innovative land uses in the Village. The project proposes a new mixed use project within the Village, blending commercial with residential development. - Policy LU -7.1 Encourage the use of mixed use development in appropriate locations. The proposed project encourages mixed use development in the Village area which is an appropriate area for mixed use. - Program CIR-1.12b Encourages mixed use development to provide optimum internal connections between uses. The project transitions between the commercial and residential uses, connected with a common drive aisle. - Program AQ -1.3f Facilitate mixed use development concepts in specific identified areas to allow a combination of residential and non-residential uses, such as live -work -shop designs. The project consists of a mixed use development and facilitates these concepts. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code in terms of site plan and landscaping. The Site Development Permit is compliant with the Zoning Code's development standards, including standards for setbacks, heights, and parking. 3. Compliance with California Environmental Qualitv Act The La Quinta Design and Development Department has determined that this request has been previously assessed in conjunction with Environmental Assessment 2016-0012 which was prepared for The Village Build -out Plan. 4. Architectural Design The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the Village area. The contemporary style architecture is enhanced with architectural features such as balconies and varied roof lines to avoid monotony. 229 5. Site Design The site design of the project, including project entries, circulation, screening, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the Village area and the City. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics, including drought tolerant desert landscaping, established in the General Plan and Zoning Code. The landscape proposed adds to the overall architecture of the building. 230 ATTACHMENT 3 PROJECT INFORMATION CASE NUMBER: SITE DEVELOPMENT PERMIT 2023-0004 REQUEST: CONSIDER A REQUEST FOR A SITE DEVELOPMENT PERMIT FOR A NEW MIXED USE RESIDENTIAL AND ART/GLASSBLOWING STUDIO LOCATION: 78095 CALLE CADIZ CEQA: THE LA QUINTA DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS REQUEST HAS BEEN PREVIOUSLY ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT 2016-0012 WHICH WAS PREPARED FOR THE VILLAGE BUILD -OUT PLAN (SCH# 2015101019), WHICH WAS CERTIFIED ON DECEMBER 20, 2016. THE PLANNING COMMISSION WILL CONSIDER THIS DETERMINATION AT THE HEARING. GENERAL PLAN DESIGNATION: VILLAGE COMMERCIAL ZONING DESIGNATION: VILLAGE COMMERCIAL SURROUNDING ZONING/ LAND USES: NORTH: VILLAGE COMMERCIAL/ VACANT LOT SOUTH: VILLAGE COMMERCIAL / VACANT LOT EAST: VILLAGE COMMERCIAL / CONSTRUCTION OFFICE WEST: VILLAGE COMMERCIAL / OLD TOWN ARTISAN STUDIOS 231 Salle - C a d i z A � J _ — �' elM-A A'.. �'i r -r- s,r.Ml:ff -� I I •me¢yllcw - mre�Q.xY.R I � nr.� �_ ]na.ame eaesn.u.l _ I . h T I =1 � 910s'E' mA a•M�• I. .,...' W.,e�.,. - .c¢i_re . B��n urt •m.+a9so, pwp... e"_.- I.aeric li ne:ma - 11 4 .ARCHITECTURAL SITE PLAN ATTACHMENT 4 McQuaid Glass A New Mixed -Use Art Facility Glassblowing Studio, Gallery and Apartments Ken Parsons Architect, Inc. 78095 Calle Cadiz, La Quinta, CA 92253 0,j Hal hi g Legend Index of Drawings E:::] —r—r— = r-Pram uaoeu Asu vwz v�e.x..y aRCA.�eaF•u•ssB n•«rre a-rrlw AAMaWYtlgTSi,6•L .AOE PrD�e[s Dina Tabie rs REVWpNa �Bn r<�em .xl�w,aw Pso�c, six sa¢ae.Bea. leu sr .n,..wr aAznwb PeM~B a>rn x1—: zn°y..n TITLE Gmn ��°I.ry�B1ur�B aic u, EaYngoe°e ¢mow•• I ew.l-'°b.a.e F-^_ a -I m r�.�.« ET tenor Ughting- P-eliminery ,r„..ww.: wv.R, ♦ m,....�°.n.n B.. an""`"°�xnl..en e�e.,....rrwu•e. . a.>r•e,nr,lasA]srrA,•a. ,B � ie•s°••rula°°An.�>w•¢i••°mn miu.. T-1° 1rvn nwlArn waor].zs �n 4stP.ln. �".e�.a•.ea.�w,.m,m.,eMe ,°Yln°da°.n.� .., , PROJECT _Building Analyel6 ,bwE" .,, SA�aAT�€ `AP u ew A_�� pnl rl, McQuaid Glass 1«rl—wxlYMexe�ewru A/M++«sY Mprrae..s ftw. la«I n IF uw A,�sYne�uw.yio.� ay ra.`w s`.prsq un'n.a., otil Yr n T°de✓"u.. a,>s ,.a r..,r xr•r :r wy : - Anre•1]A„ se+zsu DATA are.: • All1 rN¢ ••Y ss,a ssb ]••l•le Sr,:we•Ya u aR. i'•.•-r,f•uew•s rbrr a• ,.n,e Z<-finr isn_F_ v M TneswamB z+e° sae a BUILDINGS'A'8'B'ARE PHASE I BUILDING 'C' AND POOL AREAPA-1 ARE PHASE 2 a".°"°'°y.,:':a •�.°.n ryn-+....m.m �.we... ew.M... wea I Exterior Lighting - Preliminary . ♦ m a,��ir.ti� ..www IPH.NxMv,�o��ro'� u�eiuwr•ar;:nlA.11 an: �ti* I, u,.izu^wn i re Ken Person Alchllect, Inc, .nnxn,ewn � � � reaasla-a ill a.e a.e I •'i� i * a CYery Erhm MGeb� i • I �. r, off REVMIONS L I � - --------__- I TITLE Shtlo-9np W1 ones •Y" ._rl. �IM1-.clY 1. "— '— PROJECT McQuaid Glass DATA noMnM ROOF PLAN - BLDGS'A' &'B' SECOND FLOOR PLAN - BLDGS'A' &'B' FIRST FLOOR PLAN - BLDGS'A' &'B' k.� ` ° " PA -2 ",x� P H A S E 1 GRAPHIC SCALE 1A•=1- MAI TIP 111- [1I Ju i ITI ii' Ili ,F.I --_------ 'I 1 Kan Persons Architect, Inc. — ' •. .ill � „`. �w>_ — I _ r.• I i i � I: . , .I r. r ai fr �I Ill+'• ffjj EAST ELEVATION NORTH ELEVATION�� r N TITLE WEST ELEVATION SOUTH ELEVATION KE -TES fl EXTERICR MATERIALS i 0 , Y[ s FYTMK®esi I-WWT McQuaid Glass jI I v❑ >s..r.a=w..r.va�Atiy. Honer ue: 0 +.a.N+,r,>a.ew ieurnu+n+Nr.r oATw ART GARDEN SOUTH ELEVATION ART GARDEN NORTH ELEVATION ,t m`ti LL`nNaa,w MKua y. W i �c n ,s.Rku+rnna,s+esT. P H A S E 1 EXTERIOR ELEVATIONS - BLDGS'A' &'B' -- PA -3 GROPING SCALE 1-1'fY SECTION D SECTION A pi rr f� -- - — K~ _ 7• SECTION E SECTION F PHASE 1 SECTION B SECTION C CROSS SECTIONS - BLDGS'A' &'B' F�� • " K.. Parsons Architect, Iric. TITLE T I 11 PNOJECT McQuaid Glass [fewiowrlev DATA qy,n� u PA -4 ve . ra NORTH ELEVATION -•i Exterior Lighting - Preliminary wE�o�nl«roan ROOF PLAN - BLDG'C' I Uit l li 'NA I.IT 1 EIJ SECOND FLOOR PLAN - BLDG'C' PHASE 2 SOUTH ELEVATION EAST ELEVATION I� I I � I 'I s.rx,emlw'.rP wnw aLo-n nnr: Ken P—rs Archilect, Inc. r•-,.. Wo .amu cn.e ne {{I =rte ,r -,c ae�nmor�a F ' 4]111 �. w t., en. r,rLE aL yPIIOJECT a McQuaid Glass DATA w FIRST FLOOR PLAN - BLDG'C' w.vr r PA -5 OHPPHIC Sc.LE I II II I' II II II II I m. II II II II II — II II I — I �I I II I II II Ira n.cue.a 4 SCHEMATIC LANDSCAPE PLAN BUILDINGS'A' 8'B' ARE PHASE 7 BUILDING 'C' AND POOL AREA ARE PHASE 2 McQuaid Glass A New Mixed -Use Art Facility Glassblowing Studio, Gallery and Apartments 78095 Calle Cadiz, La Quinta, CA 92253 Bnlc Plant Peletle - Co pt"' Only '� �v� rrarrur. O su,.Mnmme Temn u�w : •la..e ^�rw amsnw.m.. m.n�w.m rti Shsmryt HeNliep Lepenq Exterior UPWIn7-Pr01IMIwy RE WIOW TRLE r 0JECT McQuaid Glass DATA PL -1 "47 'F- I B193 C' Irl I � I' •T arpw I I v r i I I I 13 I J UW I X,lee I !lll�T' Ira n.cue.a 4 SCHEMATIC LANDSCAPE PLAN BUILDINGS'A' 8'B' ARE PHASE 7 BUILDING 'C' AND POOL AREA ARE PHASE 2 McQuaid Glass A New Mixed -Use Art Facility Glassblowing Studio, Gallery and Apartments 78095 Calle Cadiz, La Quinta, CA 92253 Bnlc Plant Peletle - Co pt"' Only '� �v� rrarrur. O su,.Mnmme Temn u�w : •la..e ^�rw amsnw.m.. m.n�w.m rti Shsmryt HeNliep Lepenq Exterior UPWIn7-Pr01IMIwy RE WIOW TRLE r 0JECT McQuaid Glass DATA PL -1 0sit.. -- ' GlassI McQuaid Ck3ss i__--- •- 1 — -- r.:7 Glass M McQuaid Glass 239 McQuaid Glass Siding, Metal (Factory Finish Paint, Rusted Steel Appearance) Glazing Units, Bronze Anodized Storefront Type with Clear Non -Reflective Glass, Rust Red Painted Steel Superstructure Guardrails, Dark Gray Steel, Commercial Grade CMU Walls 78095 Calle Cadiz La Quinta, CA 92253 Siding, Hardie -Panel, Dark Gray,Textured Horizontal Installation 240 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA GAIN°�Ds3:.� xM PRECISE GRADING PLAN LOT 5 OF BLOCK 4 DESERT CLUB � � °p —�a�'� •M�°� TRACT UNIT NO. 1 (MB 19/75) xxxxae>®°amaxm" ,aaxxa�Aa�M 78-095 CALLE CADIZ ":�,.°^°.M�� o.�e.war.mxrom°�A^x�r• LOCATED IN A PORTION OF SECTION 6 T.6S., R.7E., SBB&M ii i` m a•mruxru ,msv�om vreE UTR.iTY PURVEYORS: u �� ,ms S xA x S A • w.mv m M xxw — � sEePAxtu mDe9A,xsEr .Aml m,eel lolxo v mrs M xaAra mrr. elann xro mro a m es alu v m evm m rAw,m. anew Ixa.x em. me ,em v M — — � InNxle-m PAVING NOTES:: a �mxlm lr IiYO Ism. •� �MS'r ® memxF �M [Y,w6 IYMYL Iq ,r1[ 10llnl Mx 11l®M InIIO ��m�r Bio 6vnm1 lil�om xs o.sxD twu mlawlu�c, i mMillxa'�a � s �® nm �.wvr. A mnE,c ® s vw As evsmx (rA s,ma�f+w,amlwoe maDnSsu e[ 41M m�DmE,la P1- 6Mffxor fmdem MlYO xewAi exxL e[aR e>-nAMIID DA urt v�momaynm a "apixe�e ��i,�wEr�nnac,�.m ' a'�.ml�il�E•law'�'uoxvml`e'�o.aminrir 61aa��a�ilnc lero��numort�. wwe�ilo"ivE"�mn a i m �`Eam a arm ars unnr me¢ woeE mm S rams Y Iro`v oa,eIX wv LOT EM6f. mxxx� = =a I��_ LEGEND: Nwlrvxenvv � m � Y�� t� pTM V M¢Y — —1 m 4 ee1� � �[[ea � D1EmxrdvtrL vxA w n utiYE'Eex`�eilmn PrH AbAW xOVR r eC 'AetYem, , ka..�wa>.ulvx... xasx.M xxxue�aaa+ R Ra11R a[a�aY s �-i{ vn v N vx� Ir[ Ra Plvrrt rn'Yrl 'I'-I'a°"�a.a rrr.awrs,<cw n,aam+>xA��E �v Mall s "'D•x"r.'wte ' .'"`ane•n i "`xel...`"��E'� �,"e. a Ivw+w oRp rD,lEr,evxrrµaam _ xaE Y ma""0'6am exeu•+hax �_.eY4sroo � �n� �'°" l��sta*c�essec u � e :Halo uc ^' PARKING SPACE DATA x.m�x�ato.r.rx.A.exx.l,�a` xa I mxl x"°®x � � m w tsm S uxln atm a s IxxAlsnmi .a s m� tawl xD aax mva,rnmOM ax xExae ,room maim a,IDln ar m'�muc ,� ( ) � awnua a -c-r AREA COV6RACE DATb; DI.EAxD�axrox6mewM�rae� al�mr D FIs A slur ra rouum rwew a.l lsvaA r o * I•mn �xM, ®®. Axxox ,�Ir,x.MaDaxa o �waa, � IDs Psx S xxAExE LOT EM6f. mxxx� = =a I��_ n,.mll-Ian 9¢I�aE�0.rllu�",Hn — —1 ASSESSOR'S PARCEL NUMBER r• -t— �, I D�iSTURBED AREA ' xaE Y LOT 4 f I { LO 9 n LOT 6 PARKING SPACE DATA AREA COV6RACE DATb; am xu. �s s./- lern Ay /- 15xm I DEDGi AHR WEATIRR LAP mTMa an s •/- m+m r -w OWNER/APPLICANT: - i>->wDms.se I; f:,\Plllf ENGINEER' - I� ,� .r rrrr M aOR6'11t1a RW �� ® URlxei n6flMmelxl t YN �nlme �w.+n.rm�xrmn ARCHITECTTm l1. A16 m Irl xxrAs ill. LANDSCAPE ARCHITECT ~ 5 in,r mre�os Itxu $ASIS DF BEARL9G5: src a•s xwc � aO1e'rexnmwl'Rr>E x s x a — a M �xlx of 5' "'Wo _i �� YJl .,J mr � � BENCHMARKS lesEz (xo eosrol) ne.,or .tar, °r" s�iuE ry 105 llit6 x IIR M1xxA A cm, e• M•eq-h [' PR-9F)S � Gael eta a bIx1E� ol�w0�wsrtw mm mC,r„x,"'eE a� ,"""a'4° LECAL DESGRmrI°N: SECTION B -B m b aea x a °urn a x e � ai®e t.s to m xx w) 'rsxo"ie r7 ( Iw"srxa aor �,� w,ea sw6 a crass SITE ADDRESS: THOMAS BRO'S REFERENCE: oIoMIR�G �Q R 1� mlexaalEl ro p9Av mwsna) saagn s pDA¢ mlxoevs) A -EU E11e nemnr,m- Ecaxxaes A,A xWOIG SRvLINct a5 VICINITY MAP CONSTRUCTION NOTES QUANT MES �i eanu rxm aAx. ras Iles, r w wAre a EgPL e u Ox mmxu. •u EEx vwurz w�.eo rswr. Iv Ir twrt As sloex w xxE xvx. O Cv6,xIIL1 r m MDxts PLC mmwr ra rAaertcr xux Di �Au ImDm rAxeux Isa xnll Dare xov, xlonn.al aA•I xm omxa w vx9 x Qs xsAu e' xxc we (sox-nl s -u wxs mxaeff xmm w nAx. O 116wL YA10 p0al. 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SURVEY NOTES: • ro u/rs p Irolu,P xll Irl nff,� rns low lxmn ��,ENGINEi BIND .'^„H`_ PRECISE GRADING PLAN I :lyn'..1� n LOT 5 OF BLOCK 4 DESERT CLUB a�IHy 2 TRACT UNIT NO_ 1 (MB 19/75) " /,'ZA" CANCRH7E 9lG[: $411SR71 [N,rc A wN: a is s..'.' PAPoCING ONLY wE�ccroRlzEC sa;N Rc�ElR.urUCai WI0 — .-0Torr RE .7lo CCONNTw — TO — u oUl— POKE oEPr. CO RE CT nNN.E "GUN MIN 12 ARKING SPACE SIGNAGE uuunaa®tea g' Typim Yr.l n.lr ��'P•° lvc„s) A MM . I' IN — Oi1Ji.e Ph= AICNC� Q, •iC1M. rY.ATf clip 1 el i� >14L R APPROPR4TE INECRWNO AeAi AT Tf CNIW4 UINCON GN (WNN OF D< I" IN IN N SEWM) =K—. o A Qr Te>!Y[.w CONTRACTOR To KANY OKE NTH U CNIMA P(HICE TIPICAL CORRECT PHONE TU CROEANO SN:NACE 9 PRIOR r•:.1tf?7AS1iHOR['l.ED tl VEEEIGI,6 BFCNAC6 m - N I t� P�gNG `,,TALI. STRIPING} DETAIL /,'ZA" CANCRH7E 9lG[: $411SR71 [N,rc A wN: a is s..'.' PAPoCING ONLY wE�ccroRlzEC sa;N Rc�ElR.urUCai WI0 — .-0Torr RE .7lo CCONNTw — TO — u oUl— POKE oEPr. 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O mmmlci a' cum Pm mr v u Dorn. sm. l�io ® 0- MEN- NEN Rn rrapc vm mK ON 1, P.riFo Iain — I.)e mel ra rl IAie pmaFa tRFr�L . v, WT -Kos II:I[ RSA IND aorta) e' �5'lr-ef ws I+rte sal. i ww n °ir rwiNcle�1e� +�� a MODWED BUBBLER BOX DETAIL E Me rrArl 7ri.iaiP) I T- I--) , 'I GRAPHIC SCALE r.xix�r an IxT eri r o.Ae .Qi) � nnps RA NxAIRcr PUN lKiem' (CMYAN® STEL) OXn% Klnm ONN— NiMI-ver P.w 1- 1 — aunrt. I1314 BRICKSLQT DAMN II/ np',ji r lII y CALL E —---- Yr.l n.lr ��'P•° lvc„s) CADIZ 1 el Mall e•� ; A. ! � Mv.1f >M>s �, II� Swswp r lum k J Il BLDG 'C' L --- GRA �,j x u�NGff E RING` '~ — —Y— u^ PRECISE BLOCK 4DI SE PLAN 2 V6 mr�[>3 2 "below- LOT 5 OF BLOCK 4 DESERT CLUB " ceii a"ro s .. e 9- TRACT UNIT NO. 1 ( IR 19/75) POWERPOINTS PLANNING COMMISSION JANUARY 9. 2024 Planning Commission Meeting January 9, 2024 5:00 p.m. o ; Planning Commission Meeting January 9, 2023 PH 1 — Estates at Griffin Lake DA2022-0001 Planning Commission Meeting January 9, 2022 PH2 - LQ Resort Temporary Monopole Time Extension CUP2023-1000 Y Background 4 • An existing AT&T Monopalm located at the La Quinta Resort is scheduled to be shut down in May 2024 in preparation for upgrades to a pool area • In 2022 the Planning Commission approved 2 CUPs for a permanent replacement Monopalm and a temporary Monopole to continue coverage • The previously approved temporary Monopole permit expired December 13, 2023 Vicinity Map M Proposal —Extension of Temporary • Monopole is proposed at 75' high, within parking lot near -main-entryway • 12 panel antennas, within wrought iron fence enclosure • Monopole located near existing line of palm trees PLANNING COMMISSION MEETING JANUARY 9, 2024 PLANNING COMMISSION MEETING JANUARY 9, 2024 10 Proposal —Extension of Temporary • Following conditions are recommended by staff: —Temporary monopole in place until December 13, 2024, or when permanent location is constructed and finaled, whichever is first — Removal of temporary monopole occurs no later than 4 weeks after this CEQA Staff determined that the facility is exempt from environmental review pursuant to Section 15303 of CEQA since the monopole and associated equipment contain small footprints Findings Findings relate to consistency with General Plan, Zoning, CEQA, and surrounding uses are required Recommendation Adopt a resolution to approve CUP2023-1000 (a time extension for an approved temporary Monopole) and determine that the project is exempt from California Environmental Quality Act, pursuant to Section 15303, New Construction or Conversion of Small Structures r- yZ,rr«-6, � r• CALIFORNIA !` nsF Planning Commission Meeting January 9, 2024 PH3 — McQuaid Studio SDP2023-0004 a - — Background • Project Location: — South of Calle Cadiz and west of Desert Club Drive — The project site is located on a vacant parcel (770-153- 002) Vicinity Map Proposal • Mixed Use Commercial Glass Blowing Studio and Residential • 2,432 sf of commercial square footage in Buildings A and B • Four (4) Studio units ranging from 442 sf to 832 sf Two (2) One Bedroom 558 sf in Building B and C Site Plan PLANNING COMMISSION MEETING JANUARY 9, 2024 21 22 11 PLANNING COMMISSION MEETING Sid n6, I,fela! IF=ory Finish Paint Fu_Ccd Steel Appexan,:el Glazn6 Unr.s, Bronze Anodized Storefront Type %ilh Glear Non.Reflec5, Glass, Fust Fed Painted Slee, Superslru:lure 23 Front (north) side 24 Guardia is D" Gra: Steel Commer-I Grade .� 1 r CMU Walls Siding, Harrie-Pune, Dark Gray.Texlur d Holi—tal Ins"lation JANUARY 9, 2024 12 PLANNING COMMISSION MEETING JANUARY 9, 2024 25 26 13 PLANNING COMMISSION MEETING JANUARY 9, 2024 27 28 14 PLANNING COMMISSION MEETING JANUARY 9, 2024 29 30 15 Parking • 8 parking spaces provided — 6 spaces along Calle Cadiz — 2 covered carport spaces • LQMC Section 9.150.050 (B) allows for a reduction of 50% of the on-site parking • On street parking is available in the immediate area • Village Commercial district - encourages mixed-use and walkability to shops, jobs, dining, markets CEQA The Design and Development Department has determined that this request has been previously assessed in conjunction with Environmental Assessment 2016-0012 which was prepared for The Village Build -out Plan. Findings • PC must make findings that: — Find the SDP consistent with Zoning Code and General Plan and consider the architecture, landscaping, and site design and apply COA Recommendation Adopt a resolution to approve SDP2023-0004 for a new mixed-use project and find the project is consistent with the previously adopted Environmental Impact Report which was prepared for the Village Build Out Plan Environmental Assessment 2016-0012. PLANNING COMMISSION MEETING JANUARY 9, 2024 35 18 PUBL'IC COMMENT PLANNING COMMISSION JANUARY 9. 2024 Tania Flores From: April Martinez <aprillovespierre@yahoo.com> Sent: Friday, January 5, 2024 5:13 PM To: Planning WebMail Subject: Proposed STVR of 78 units at Griffin Ranch La Quinta [Some people who received this message don't often get email from aprillovespierre@yahoo.com. Learn why this is important at https-//aka.ms/LearnAboutSenderldentification ] ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** To Whom it May Concern, As residents of Alysheba Drive in Griffin Ranch we purchased our home with the knowledge of Capstone lots (to be part of the Griffin Ranch HOA) designated as private residences directly behind our property and the Griffin Estate as a private residence with occasional events as a short term rental. We have enjoyed and live the quiet and beauty of our view, lot and neighborhood. Also the increase in property value all of the above has afforded us. It is our belief the addition of essentially a hotel directly behind us would rob us of all of the above. We purchased in good faith and hope the city of La Quinta will not allow this re -zoning to occur. Sincerely, Anthony & April Martinez 54480 Alysheba Drive La Quinta, Ca 92253 Tania Flores From: Paul Nagy <pnagy@yahoo.com> Sent: Friday, January 5, 2024 6:05 PM To: Planning WebMail Cc: Paul Nagy; Cindy Nagy (Wifey) Subject: Against allowing Short-term Rentals in The Estates @ Griffin Lake Some people who received this message don't often get email from pnagy@yahoo.com. Learn why this is important EXTERNA This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear City of La Quinta Planning Committee, My wife and I are adamantly against the City of La Quinta allowing the new development of The Estates @ Griffin Lakes getting approval for the new homes to be allowed to offer short-term vacation rentals. We live at Griffin Ranch and border the existing Mery Griffin � Estate. V le moved oved ii oto this area to enjoy the tranquil iquil homes and environment and allowing a hotel -like short term vacation rentals in the area will absolutely destroy our peace/quiet and our home values. I would say the new development should can be built, but only allowing for long-term rentals (over 30 day minimum) if at all. This would be the same as the Griffin Ranch properties allows. Please DO NOT APPROVE MDM Enterprises Inc. development plan for short-term vacation rentals. We will definitely be at the Jan 9th Planning Commission meeting to express our disapproval of the short-term rental plan. Thanks for seriously considering our viewpoint, Paul and Cindy Nagy 54300 Alysheba Dr La Quinta, CA 92253 408-832-3742 Tania Flores From: Jeanette Petersen <JeanettePetersen@outlook.com> Sent: Friday, January 5, 2024 9:20 AM To: Planning WebMail Cc: kurtpe@microsoft.com; marshallsj@comcast.net Subject: Objection to Development Application Permitting Short -Term Rentals at The Estates @ Griffin Lake (TTM 36744) Attachments: La Quinta Planning Commission - Griffin Lake proposal objections.docx; 2024-01-09 PC PHN GRIFFIN ESTATES DA.pdf, 2023 STVR Zones.pdf; Tentative Tract Map 36744.pdf Some people who received this message don't often get email from jeanettepetersen@outlook.com. Learn Why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Planning Commission Members: In advance of the January 9, 2024 public hearing in which the Commission will consider a resolution approving a development agreement for the Estates @ Griffin Lake (TTM 36744), please consider our written objections to this proposed development agreement. As residents of Griffin Ranch and for the reasons specified in the attached letter, we strongly object to the proposed rezoning of this property to permit short term vacation rentals. Attached to this email is an electronic copy of our written objections, as well as the approved track map, the SNR zone map, and the required notice of the public hearing from the City of La Quinta. Thank you for your careful consideration of our objections. We look forward to presenting our objections to the Commission on January 9, 2024. Jeanette and Kurt Petersen 54185 Dark Star Drive La Quinta, CA 92253 206.979.6217 1425.785.8612 Jeanette and Kurt Petersen 54185 Dark Star Drive La Quinta, CA 92253 Jeariettepetersen '�t)outlook.com Kumpe a)microsoft.com 206.979.6217 1425.785.8612 Planning Commission City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 January 5, 2024 SUBJECT: Objection to Development Application for Short -Term Rentals at The Estates @ Griffin Lake (Application Hearing on 1/9/23) Dear Members of the Planning Commission, We are writing as concerned residents of Griffin Ranch to express our strong objection to the development application submitted by MDM Enterprises Inc. for The Estates @ Griffin Lake, which proposes the use of 78 new homes as short-term vacation rentals. We appreciate the opportunity to voice our concerns as part of the entitlement approval process. As outlined in documentation the Planning Commission has before it, The Mery Griffin Estate is currently classified as an STVR-exempt zone, with only the original 5 -acre site (lot 79) subject to exemption from the STVR ban. The proposed new home sites (lots 1-78) are not yet approved for short-term vacation rentals, and the upcoming Planning Commission meeting on January 9th will mark the first time the Commission will consider public feedback and opposition to this harmful proposal. There are several key areas of concern implicated by this proposed development that we urge the Planning Commission to careful consider: 1. Proximity and Impact on Nei2hborin2 Properties: The close physical proximity of the proposed new development, particularly for properties inside Griffin Ranch abutting the proposed development, raises concerns about the potential impact on the privacy and quality of life for existing residents. Residents at Griffin Ranch — such as us — chose this community specifically because short term rentals were not permitted in or around our community. Permitting a STVR-ban exception for 78 new homes directly abutting the Griffin Ranch community will directly impact our reasonable expectations that our homes and community would remain residential in character and not subject to the challenges associated with nearby developments and communities (such as PGA West) that permit short term vacation rentals. As the Commission is aware, short-term rentals have significant negative impacts on property values and the overall use and enjoyment of a homeowner's property. One primary concern is that increased transient occupancy leads to a higher turnover rate of occupants. This constant flux disrupts the sense of community and stability that long-term residents seek, diminishing the overall neighborhood cohesion. Additionally, the frequent presence of short-term renters results in increased noise, reduced privacy, and a higher likelihood of property wear and tear. These factors collectively contribute to a decline in property values as prospective buyers will perceive the area as less desirable or less conducive to establishing a permanent residence. Moreover, the transient nature of short-term renters leads to a lack of investment in the community, affecting local businesses and diminishing the overall quality of life for permanent residents. As such, the Commission must carefully consider the negative impacts on property values and residential enjoyment when evaluating this proposal to permit widespread short-term rental usage in the midst of a residential community such as Griffin Ranch. 2. Securily Measures: While there appear to be plans to maintain the existing perimeter wall, 6' walls between residential lots, mature trees, and on-site monitoring, these so-called security measures will be woefully inadequate if more than 78 new properties allow short-term rentals abutting Griffin Ranch. As the Commission is aware, short-term rentals pose significant challenges to security. The transient nature of short-term occupants introduces a continual influx of unfamiliar individuals, leading to heightened security risks. Permanent residents will find it challenging to establish a strong, cohesive neighborhood watch or familiarity with their neighbors, as the turnover of short-term renters creates a dynamic and unpredictable environment. The constant rotation of occupants — and their guests — will make it nearly impossible for local law enforcement to monitor and address potential security issues effectively. Moreover, short-term renters do not have the same investment in the community's well-being, leading to a lack of vigilance and adherence to community security norms. The constant rotation of occupants will undermine the overall safety and sense of security within the broader community, impacting the quality of life for permanent residents at Griffin Ranch and the surrounding communities. As the Commission considers this proposal, careful attention must be paid to the potential security concerns crucial for maintaining a safe and stable living environment for La Quinta's permanent residents who are heavily invested in this community. 3. Noise Abatement Plans: The documentation does not provide details on noise abatement plans. The prospect of short-term rentals in a community in close physical proximity to the Empire Polo Club (which famously hosts a variety of large-scale music and sporting events), raises significant concerns about noise disturbances. Given the nature of the large-scale events — which often attract a youthful demographic — there is a heightened risk of disruptive and excessive noise levels. Short-term rental occupants, especially teenagers and young adults attending these events, do not have the same vested interest in maintaining a peaceful and quiet residential atmosphere. The potential influx of large groups participating in pre- and post -festival activities will result in amplified noise, late-night gatherings, and increased traffic, all of which will adversely affect the quiet enjoyment of the Griffin Ranch community. These noise -related challenges will not only disrupt the daily lives of permanent residents but will also undermine the peaceful coexistence that defines a residential community. As such, the Commission must give careful consideration to the potential impact on noise levels implicated by this proposal for short-term rentals, especially given its close proximity to high-profile events known for attracting energetic crowds. If approved in its current form, The Estates @ Griffin Lake will significantly and negatively impact the permanent residents of Griffin Ranch. We urge the Planning Commission to carefully consider the implications of this development application on the Griffin Ranch community. We respectfully reguest that the Commission reject the proposal to modify the STVR ban for the 78 properties at issue. Your decision will shape the future of our neighborhood, and we trust that you will prioritize the well-being and concerns of the residents over the financial interests of a property development company. Thank you for your attention to this matter. We look forward to a thorough and thoughtful consideration of our objections during the upcoming proceedings. Sincerely, Jeanette and Kurt Petersen CITY OF LA QUINTA tevoa�tra PLANNING COMMISSION GEM ofthe DESERT — — NO ncF OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta Planning Commission will hold a PUBLIC HEARING on January 9, 2024, at 5:00 p.m. in the La Quinta City Hall Council Chamber, 78495 Calle Tampico, La Quinta, California, on the following item: APPLICATION: DEVELOPMENT AGREEMENT 2022-0001 APPLICANT: GRIFFIN RANCH INVESTORS LOCATION: SOUTH OF AVENUE 54, WEST OF MONROE STREET, EAST OF MADISON STREET REQUEST: CONSIDER A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT FOR ESTATES AT GRIFFIN LAKE, TTM 36744 CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE PROJECT IS CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2014-1001 LEGAL: APN 780-130-001 Members of the public wanting to listen to this meeting may do so by tuning -in live via littos:l/laguinta.12milesout.com/video/live. The La Quinta Design and Development Department has determined that this project is consistent with the Mitigated Negative Declaration prepared for Specific Plan 2014-1001 Amendment No. 1, Tentative Tract Map 36744, Site Development Permit 2014-1003, and Environmental Assessment 2014-1001, that was adopted by the La Quinta City Council on May 5, 2015. The Planning Commission will consider this determination at the Hearing. The Development Agreement is proposed to address short-term rentals and the performance schedule within this tract. Any person may submit written comments on the contemplated action listed above to the Design and Development Department at P1annin_qaLaQuintaCA.qcv prior to the Public Hearing and/or may appear and be heard in support of, or opposition to, the project at the time of the Public Hearing. If you challenge the decision of any of the actions listed above in court, you may be limited to raising only those issues that you or someone else raised either at the Public Hearings or in written correspondence delivered to the Design and Development Department at, or prior to, the Public Hearing. For additional information, please contact Cheri Flores, Planning Manager at CLFiores(cLLaQuintaCA.gov. In the City's efforts to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the Design and Development Department requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, inform the Planning Commission Secretary at TFlares LaQuintaCA. ❑v or (760) 777 - 7023, a minimum of 72 hours prior to the scheduled meeting. PUBLISH ONCE ON 1/8 PAGE DISPLAY AD ON DECEMBER 29, 2023 Q I 2 CPTO OF IR1010 I AVENUE52 _ � � Z !� ® 90 99 U VENUE S4 OCIYtlIR LA & A 94 97 s fl C I —4 uAanniRaRr eo�f:CWOOIWNBPEOWWsY�� tv L 2t 22 23 AVENUE58 a® 29 28,28 .r VICINITY NIAP — N_Tz_ J Members of the public wanting to listen to this meeting may do so by tuning -in live via littos:l/laguinta.12milesout.com/video/live. The La Quinta Design and Development Department has determined that this project is consistent with the Mitigated Negative Declaration prepared for Specific Plan 2014-1001 Amendment No. 1, Tentative Tract Map 36744, Site Development Permit 2014-1003, and Environmental Assessment 2014-1001, that was adopted by the La Quinta City Council on May 5, 2015. The Planning Commission will consider this determination at the Hearing. The Development Agreement is proposed to address short-term rentals and the performance schedule within this tract. Any person may submit written comments on the contemplated action listed above to the Design and Development Department at P1annin_qaLaQuintaCA.qcv prior to the Public Hearing and/or may appear and be heard in support of, or opposition to, the project at the time of the Public Hearing. If you challenge the decision of any of the actions listed above in court, you may be limited to raising only those issues that you or someone else raised either at the Public Hearings or in written correspondence delivered to the Design and Development Department at, or prior to, the Public Hearing. For additional information, please contact Cheri Flores, Planning Manager at CLFiores(cLLaQuintaCA.gov. In the City's efforts to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the Design and Development Department requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, inform the Planning Commission Secretary at TFlares LaQuintaCA. ❑v or (760) 777 - 7023, a minimum of 72 hours prior to the scheduled meeting. 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I....awrrra�.'�~' w.nxxwrwl rnrn_ ,Nv,.�r�amn� �- TENTATIVE TRACT MAP NO. 36744 -DATA TABLE .m rwvw.ri .�.. „ Mourn -Ln+m - ... . ,u,u rorwW,ry ua-Yr•: Nmw ,Mcilr�rr�- ..- r_ I MSA CONSULTINr.G, INC sHE� Has�e=r, a.r.r•aawaefm.o<.umn - 1 srr�s q,ol man r.o- iheu mrn row ssi. i �s �l I >•ram -ow wrw. .�u io canoe n<�rs.�..w u.�._e , � ! r1 ' . -� Ij}l •. fJry+l+ + � eenuevi nova Ui�� rnrn_ ,Nv,.�r�amn� �- TENTATIVE TRACT MAP NO. 36744 -DATA TABLE .m rwvw.ri .�.. „ Mourn -Ln+m - ... . ,u,u rorwW,ry ua-Yr•: Nmw ,Mcilr�rr�- ..- r_ I MSA CONSULTINr.G, INC sHE� Has�e=r, a.r.r•aawaefm.o<.umn - 1 srr�s q,ol man r.o- iheu mrn row ssi. i �s Tania Flores From: Andrew Ackerman <aackermankp9l @gmail.com> Sent: Saturday, January 6, 2024 1:11 PM To: Planning WebMail Subject: Estates at Griffin Lake Proposed Development Attachments: City of La Quinta_Estates at Griffin Lake.pdf Some people who received this message don't often get email from aackermankp9l@gmail.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Please find a letter attached opposing the Proposed Development at the Mery Griffin Estate as planned. Best Regards, Andrew Ackerman City of La Quinta Planning Commission Planning@LaQuintaCA.gov (760) 777-7023 January 6, 2024 RE: Development Agreement for Estates at Griffin Lake To whom it may concern, was recently made aware of a proposed development plan for The Estates at Griffin Lake located on the existing Mery Griffin Estate property. As a resident of Griffin Ranch, I am concerned with the proposed expansion of the existing STVR-exempt zone at the Mery Griffin Estate to include the additional 78 new homes to be built in the proposed development. As a member of the Griffin Ranch Community, I fear the foreseeable increased noise nuisances will have an impact on my right of quiet enjoyment. Increased traffic in the area and the introduction of non- residents to the area will create the potential for increased crime and safety issues. The above noted concerns, whether real or perceived, will have an impact on my property value. The current La Quinta STVR Exempt Areas are primarily hotels, resorts, commercial areas, or small enclaves of large villa style homes. The existing Mery Griffin Estate belongs in that list, however, the addition of 78 homes into a residential area does not. The La Quinta STVR Program begins with "Our foremost priority is preserving the quality of life for La Quinta residents." The introduction of 78 new short-term rentals into a primarily residential location will not preserve the quality of life for the La Quinta residents in Griffin Ranch. Sincerely, Andrew and Penny Ackerman aackermankp91 @gmail.com 54820 Damascus Drive Ackerman 54820 Damascus Drive La Quinta, CA 92253 Tania Flores From: George Batavick <georgebatavick@yahoo.com> Sent: Saturday, January 6, 2024 5:37 AM To: Planning WebMail Cc: Joe Gentile; Susan Ash Phillips; Nick Cacucciolo; Adam Medina Subject: Development Application Plan For Mery Griffin Estate [You don't often get email from georgebatavick@yahoo.com. Learn why this is important at https:Haka.ms/LearnAboutSenderidentification ] ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** City of La Quinta Planning Commissioners, >> As residents of Griffin Ranch, we are vehemently opposed to the Development Application Plan fnr Mery Griffin Estates which provides for short term vacation rental homes (STVRS). This plan is scheduled to be reviewed by you at your January 9, 2024 Meeting. >> In 2015, City Council approved a development plan for Mery Griffin Estates for single residential homes, which is consistent with the zoning for this parcel (NO STVRS). This parcel is adjacent to Griffin Ranch and the Madison Club which are both single family home communities, with no STVRS. >> In November 2022, the Measure A Ballot Initiative, which provided for a phase-out and permanent ban of non -hosted short term vacation rentals in non-exempt areas was narrowly (2%) defeated. This means the Municipal Code remains in effect - a permanent ban on the issuance of new STVR permits in non-exempt areas, such as the Mery Griffin Estates, unless recommended by the Planning Commission and approved by City Council. >> As Griffin Ranch residents, we have experienced numerous instances of events at the Mery Griffin Estates during Coachella Fest. These instances have resulted in excessive noise and incursions into Griffin Ranch. Having STVRS at the Mery Griffin Estate would only lead to more of these instances. >> In conclusion, this area of La Quinta should only have single family residences with NO STVRS. Therefore, the Planning Commission should vote NO on the submitted Development Application for Mery Griffin Estates. >> Respectfully, >> George and Ellan Batavick >> Griffin Ranch Tania Flores From: medarb@frontier.com Sent: Saturday, January 6, 2024 9:41 AM To: Planning WebMail Cc: medab@frontier.com Subject: MDM Enterprises Inc - Mery Griffin Estates Importance: High Some people who received this message don't often get email from medarb@frontier.com. Learn why this is Important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. January 6, 2024 To the Planning Committee and Board for the City of La Quinta, I am writing to you to express my husband and my very strong opposition to the proposed plans that MDM Enterprises has in attempting to re -zone the 78 lots within The Griffin Estate originally to be used as individual homesites to now be used for short-term vacation rentals. This would basically be turning the property into a hotel type property. This we are ADAMANTLY opposed to! As a longtime Real Estate Broker and Mediator/Arbitrator I have personally witnessed the serious consequences to neighboring communities when short term rentals are allowed in a residential community (increase in traffic congestion, noise, crime, vandalism, etc.) I believe that the proposed changes be denied and MDM should keep their property as zoned for individual homesites and NOT allowed to be short term rentals. Thank you in advance for your consideration of our thoughts. Laura Lee Bayer Laura Lee Bayer DRE Broker #00547060 Cell 805-479-8060 I Tania Flores From: Ellie Dimen <eldimen@yahoo.com> Sent: Saturday, January 6, 2024 1:09 PM To: Planning WebMail Subject: Mery griffin estate development project [Some people who received this message don't often get email from eldimen@yahoo.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** The proposed project on the Mery Griffin estate will impact me directly because my property is on Mery Griffin way. Many times I have heard the sounds from events taking place there. Sometimes the music was so loud it shook my house. There is currently one house there but the impact of adding seventy tight Writ i1ri he intplerahle Alcn the di mt and rnnctri iinion noise mini ilri likely last years. Currently the intersection on Madison and fiftyfourth street is overwhelmed by too much traffic and has become dangerous. This development would increase this problem significantly! I urge you to consider the negative impact this development will have on the community! Sincerely Ellen Dimen Tania Flores From: glabmanfamily@aol.com Sent: Saturday, January 6, 2024 12:48 PM To: Planning WebMail Subject: STR vote - Griffin Estate Some people who received this message don't often get email from glabmanfamily@aol.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear Planning Commission of La Quinta, I am writing on behalf of my family and numerous other residents of Griffin Ranch to express our deep concern and displeasure regarding the proposal to introduce 78 new short-term vacation rentals adjacent to our neighborhood. When we chose to make Griffin Ranch our home, one of the key deciding factors was the absence of short-term rentals. This characteristic of our community has not only contributed to a sense of stability and continuity but has also fostered a safe and welcoming environment for all residents. Introducing short-term rentals poses significant risks to the quality of life we currently enjoy. Experience from other communities shows that such rentals often lead to increased noise levels, with guests indulging in excessive partying. This not only disturbs the peace but also disrupts the daily lives of permanent residents. Furthermore, short-term renters often lack a sense of accountability towards the community, leading to instances of misconduct and disrespect towards property and public spaces. Additionally, the transient nature of short-term rentals can lead to a decrease in community cohesion and neighborly bonds, which are essential for a harmonious living environment. There is also a concern regarding the safety and security of our neighborhood, as the constant change of occupants in rental properties makes it difficult to maintain a secure and monitored environment. In light of these concerns, we urge the Planning Commission to NOT approve these short-term vacation rentals. Our community values its tranquility, safety, and sense of community, all of which could be significantly compromised by this proposal. Thank you for considering our perspective in this important decision. We trust that the Commission will make a choice that preserves the integrity and quality of life in Griffin Ranch. Sincerely, Marla and Brian Glabman Griffin Ranch Homeowners NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED PARTY OF THE TRANSMISSION, AND MAY CONTAIN INFORMATION THAT IS CONFIDENTIAL AND/OR PRIVILEGED. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. z Tania Flores From: John Hart <jackmhart@aol.com> Sent: Saturday, January 6, 2024 2:14 PM To: Planning WebMail Subject: Mery Griffin Estate Attachments: GRletter.docx Some people who received this message don't often get email from jackmhart@aol.com. Learn why this Is important EXTERNA This message originated outside of the City of La Quinta. Please use properjudgement and caution when opening attachments, clicking links or responding to requests for information. please find attached my letter to the planning department on the MDM Enterprise impacting Mery Griffin Estates John Hart 760.218.5345 81715 MacBeth Street La Quinta, Ca 92253 From: John Hart, 81715 Macbeth Street, Griffin Ranch, La Quinta Subject: MDM Enterprises Inc-Mery Griffin Estate To: Planning@laquinta.gov Date: 1/6/2024 1 own a home in Griffin Ranch and understand that the MDM developer has requested a zoning change to facilitate the option to make the homes adjacent to Griffin available for short term rentals. I strongly oppose this variance. The obvious reasons—decrease in the value of our homes, increased traffic, increased crime and security concerns, noise etc. are discussed I `m sure in all the correspondence the planning commission has received on this subject. I would like to make two separate points. One, the integrity of the developer. Just a year ago he presented a plan to Griffin Ranch and took questions and gave us the "words" to accept and support MDM as the developer of this property. He never mentioned the possibility of short term vacations rentals because obviously he would not get Griffin Ranch support. I question the transparency of his presentation and the integrity of MDM. Second the influx of short term vacation renters could have serious issues on the clubhouse and grounds(tennis/pickelball courts etc) of our property. By definition these rentors have no allegiance or reason to protect the ranch assets. Likely there would be significant damage in the future. In summary I believe the planning committee should reject the changes being proposed. John M. Hart Tania Flores From: Ryan LaFollette <ryanla2327@gmail.com> Sent: Saturday, January 6, 2024 12:50 PM To: Planning WebMail Subject: Proposed Short Term Rental - Griffin Lake Some people who received this message don't often get email from ryanla2327@gmail.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. TO: La Quinta City Council FROM: Ryan LaFollette RE: Proposed STR Griffin Estate/Lakes All: As a long term resident of Griffin Ranch, I am vehemently against the proposed Short Term Rental development of 78 new homes located within the Griffin Estate. Our community is deeply worried about the potential negative impacts on our real estate values, increased traffic, crime, noise disturbances and compromised safety. The looming arrival of well over 1000 renters/guests for festivals opens the door for all of these possibilities, not to mention the confusion and chaos this will create at our gates. I urge our elected officials and local government to prioritize our communities well-being. Short term rentals are not acceptable in our community, nor our neighbors, the Hideaway or Madison Club. We deserve better after nearly 18 years in existence at Griffin Ranch. I advocate for the revocation of short-term rentals or, at the very least, the implementation of a 28 -day minimum stay rule, just like we follow at GR. Lets not prioritize greed over our long established neighborhoods and their residents. Regards, Ryan LaFollette Griffin Ranch Tania Flores From: Tim Golba <tgolba@golba.com> Sent: Sunday, January 7, 2024 11:32 AM To: Planning WebMail Subject: Letter for Planning Commission consideration of amending Development Agreement 2022-0001 for Tuesday January 9th Attachments: Letter for La Quinta Planning Commission - Development Agreement 2022-0001 Tuesday 1-9 Agenda.pdf Importance: High Some people who received this message don't often get email from tgolba@golba.com. Learn why th+s_is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. To whom it may concern, Please provide the Planning Commission the attached letter for Consideration for the proposed Amendment of Development Agreement 2022-0001 to be considered on Tuesday January 9th. Thanks in advance, Tim Golba 81725 Mery Griffin Way La Quinta, Ca 92253 TGolba@Golba.com 619.981.1000 This message and any files attached herewith are confidential and may contain privileged material for the sole use of the intended recipient. Any unauthorized review, distribution, disclosure, copying, use, or dissemination, either whole or in part, is strictly prohibited. If you are not the intended recipient of the message, please notify the sender immediately by return e-mail or telephone, delete the original message including the attachments and destroy all hard copies. If you are the intended recipient, please be aware that since e-mails can be altered electronically, the integrity of this communication cannot be guaranteed FOLB�TAARCH71 ECTURE 4455 Lamont Street Suite tot San Diego, CA 92109 JANUARY 711, 2024 LA QUINTA PLANNING COMMISSION Via email: P1anni7T(ii)laQuh2taCz ggv RE: AMENDMENT TO DEVELOPMENT AGREEMENT 2022-0001 Dear Planning Commissioners, I am writing to you to present my strong objection to the consideration on your Tuesday January 9" agenda to modify the Development Agreement for the Mery Griffin Estate. Asa point of background, I am a homeowner at the nearby Griffin Ranch subdivision that surrounds this project but am also Principal of my Architectural firm with 35+ years experience with all forms of designs for multi -family units and land planning for subdivisions. Additionally, l have chaired the City of San Diego Planning Commission for 8 years as well as chairing the La Jolla Community Planning Group prior to that position. For the record, I am fully supportive of the development of the Mery Griffin Estate and when we purchased our home at Griffin Ranch, we received conceptual plans for the development of homes on the Estate Site "similar" to what is before you today. California has a desperate need for housing and the design of these 78 smaller homes around a central water element utilizing their own private entry gates off of Avenue 54 is a well thought out concept and I feel it would be a positive addition to the area and La Quinta in general. However, the latest plot twist to turn these 78 tightly packed homes into Short Term Vacation Rentals could not be more misguided. We are all aware of the Mery Griffin Estate itself being an Event Site/STVR and any of us in Griffin Ranch are all to aware of the blatant and repeated wholesale disregard for the rules that are in place to control the Event and STVR use of the main Estate. Allowing 78 new homes in this wonderful quiet, pride of ownership neighborhood of La Quinta to become STVR eligible would be the death knell for this entire area of La Quinta. It is incomprehensible to try to imagine the noise, traffic, security issues and destruction of our quality of life that would occur year-round as these small "Rental Houses" would cater to the STVR crowd that are epitomized by a disregard for the permanent residents of La Quinta and only interested in their festive destruction of the quality of life of one of the quietest areas of home ownership locations in all of the Coachella Valley. When considering this amendment, please focus on the findings you must make to allow this substantial alteration to the development agreement and consider the far reaching implications it would have to an entire area of La Quints where owners purchased believing the Griffin Estate would be built out with smaller homes to be sold to owners, not a corporate hotel concept to have renters go thru the virtual revolving door nightly as they hold no regard for the quality of life of the surrounding homes. I fail to see how you can find a reason or support any findings to alter this entire neighborhood in this fashion especially when the only benefit would be to the profits of a corporate hotel/home developer at the expense of one of the most desirable single-family areas in all of La Quinta. Neighborhoods are being ruined all over Southern California by as few as "one bad apple" short term rental homes interjected into an existing neighborhood and yet on Tuesday you will consider the almost inconceivable thought of introducing the ability to short term rent an entire development of 78 homes that is surrounded by single family ownership homes. Cities from Palm Springs to San Diego are all now beginning to reverse or severely limit their STVR policies as they have finally awakened to the damage to both quality of life and availability of housing stock caused by STVR policies and yet here we are being forced to oppose a proposed alteration to a development plan to go from one STVR (Griffen Estate lot 79) to a total of 78 additional STVR homes. I completely fail to see how a change of this sort, that would clearly impact a major part of the City of La Quinta, can be compliant with protections afforded to the existing owners and residents of this area under the California Environmental Quality Act as well. CEQA was passed to afford protections from just such development that would cause such irreparable harm to literally thousands of existing homes. This change in ownership will completely change the complexion of this area and forever alter the existing use and quality of life, the exact protections that CEQA was written to protect against and for which you must consider to make the findings that this proposed development permit language alteration has no impact, which would seem to be a nearly impossible task. In conclusion, I would strongly request you deny the change to allow this development to become a Corporate hotel or any alteration to permit STVR across the entire Griffin Estate property. Again, the development of the 78 homes is a wonderful concept and I have no issue whatsoever with that already proposed development but the alteration of the application to be eligible for STVR use must not be allowed. Sincerely Tim Golba, Principal GOLBA ARCHITECTURE, inc. 619.981.1000 tgolba&olba.com cc: Adam Medina / Griffin Ranch HOA Tania Flores From: Allen Katz <allenkatz@yahoo.com> Sent: Sunday, January 7, 2024 10:28 AM To: Planning WebMail; Cheri Flores Subject: Comments on proposed Development Agreement 2022-0001 -- January 9, 2024 hearing re La Quinta Estates Some people who received this message don't often get email from allenkatz@yahoo.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. I am opposed to the proposal to allow Short Term Vacation Rentals to be built at La Quinta Estates. understand that the applicant has proposed continuing the hearing to February 13, 2024, but I am submitting this to be on record now. I reside in Griffin Ranch at 81517 Mery Griffin Way. In the past, even though our home is on the south side of Mery Griffin Way, we have been disturbed by noise coming from events at the Mery Griffin Estate, so it is reasonable to anticipate that we will also be affected by noise coming from STVR's at the same location. Section 9.25.020 of the Municipal Code governs Development Agreements. It provides (subsection C.8) that the Planning Commission must consider whether the Development Agreement "a. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; b. Is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located; c. Is in conformity with the public necessity, public convenience, general welfare and good land use practices; Cl. Will be detrimental to the health, safety and general welfare, e. Will adversely affect the orderly development of property or the preservation of property values; f. Will have a positive fiscal impact on the city." (1) the proposed STVR's are not compatible with neighboring land use. Neighboring land use is Griffin Ranch which does not allow short-term rentals. The proposed STVR's are also inconsistent with Specific Plan 2014-1001 for the Estates at Griffin Ranch which the City approved in 2015. The Specific Plan states that it will "provide high quality single-family residences designed to be marketable" (p.7). The proposed STVR's are not designed to be marketable. They are designed to be rented. They are not "single-family residences" as that term is commonly understood. STVR's are typically occupied by non -family or multi -family groups -- not single families. The Specific Plan also states that the project will be developed "in a manner compatible with surrounding residential development." (p.7). STVR's are not compatible with the surrounding residential development which does not allow short-term rentals. (2) the proposed STVR's are detrimental to health and general welfare. The noise issues and associated complaints from residents near STVR's has been so significant that the City conducted a pilot program to determine if noise monitoring devices would help reduce complaints. The City recognized these problems -- and recognized that noise monitoring and code enforcement is not a sufficient remedy -- when it imposed its ban on new STVR's effective 2021. It is inconsistent for the City to ban new STVR's and at the same time to enter into a new Development Agreement which allows 78 STVR's in close proximity to a single-family residential development that does not allow STVR's.. In a competitive real estate market with many options, who would ever buy a home adjacent to 78 STVR's, particularly given the large number of music festivals in our area that are a magnet for groups known to be noisy and boisterous? Is it reasonable to expect that Coachella or Stagecoach patrons will suddenly be quiet when they return to their vacation rentals after the festival's curfew? If a neighboring homeowner ends up having to call the police or a noise "hotline" to complain about noise, will the homeowner have to disclose that problem when he or she puts their home up for sale? The proposed Development Agreement does not have any provisions dealing with noise, except to incorporate the City's existing regulations. As is discussed below in Section (5), the City's own Ad - Hoc STVR Committee recognized that noise hotlines and code enforcement are ineffective.. (3) The STVR's would adversely affect the orderly development of property and the preservation of property values. The Capstone lots will be adversely affected to the greatest extent. If STVR's are ,.I '+ ' I..... I'I�..I.. +L...+ +h.. /'`......+ I..+r. /.-.,w,...-li..},�I.. .di.�i. 4. 4-o +ham I n /'li sir+} Cry}n}oc• approved, IL Is less likely that he Capstone lots 1111 Il l leldlalely aUJal..el 1L LlJ the La Qtull ila Estates parcel) will ever be developed. STVR's will have an adverse effect on Griffin Ranch and its residents. One of the reasons which the Planning Commission took into account when it approved the Capstone proposal to re -subdivide Capstone into 37 parcels (instead of the prior 20 one -acre lots) was that, otherwise, Capstone would likely never be developed. The goal was to make it easier to develop the Capstone property given current market conditions, and I supported Capstone's proposal before the Planning Commission. Allowing STVR's to be close neighbors of Capstone, in contrast, will make it less likely that Capstone will ever be developed. (4) Capstone and Griffin Ranch property values would be adversely affected. Griffin Ranch property values will be adversely affected directly (by noise) and indirectly (delay or failure to develop the Capstone lots will adversely affect Griffin Ranch property values). (5) The City itself has recognized that STVR's create serious neighborhood problems that cannot be adequately addressed by existing enforcement mechanisms. Here are just a few quotes from the City of La Quinta Ad -Hoc STVR Committee, STVR Chair and Co -Chair Report, available on the City's website: "Noise and personal behavior problems are the biggest causes of friction between STVR properties and their neighbors." "Public comment has focused ... on the issues of noise and personal behavior of renters, most often from music or loud disturbances late in the evening or early morning hours on weekends. This type of complaint is very disruptive to residents as it adversely impacts the neighborhoods quality of life." "[I]t is not uncommon for noise disturbances to recur repeatedly in properties where there may be different occupants several times a week." "The existing enforcement practice[s] ... may not lessen disruption to the neighborhood because the property is often rented to several different occupants every week, resulting in recurring disruptions." "Availability of Code Enforcement Officers at critical times has lagged behind demand. Many STVR related code infractions occur during the late night/early morning window on weekends and holidays." "Lack of appropriate resources is effectively preventing these citations from being issued, resulting in community stress ..." "The Complaint Hotline is often not staffed with trained or qualified individuals and often goes directly to voicemail, resulting in intense frustration often at the most critical times, and a high level of complaints from neighbors." Allen Katz 81517 Mery Griffin Way La Quinta, CA 92253 213-999-0534 (cell) Tania Flores From: richard wendrow <rwendrow@gmail.com> Sent: Sunday, January 7, 2024 8:47 PM To: Planning WebMail Subject: STVR Proposal The estates @ Griffin Lakes [Some people who received this message don't often get email from rwendrow@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** As residents of Griffin Ranch living at 81650 War Admiral Drive, My wife and I are opposed to the STVR proposal for lots 1-78 at proposed development: The Estates @ Griffin Lakes. Thank you, Rirharri R .lennifer Wendrow Sent from my iPhone Tania Flores From: ellenahearn@icloud.com Sent: Monday, January 8, 2024 10:18 AM To: Planning WebMail; Cheri Flores Cc: Eric Markell Subject: Written Comments - Ellen Ahearn & Eric Markell - LaQuinta - Proposed STVR - Estates at Griffin Lake Some people who received this message don't often get email from ellenahearn@icloud.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. We reside in Griffin Ranch ("GR") at 54775 Cavalcade Court, LaQuinta, CA. We have been LaQuinta residents since 2007. We are opposed to the proposal to allow 78 new Short -Term Vacation Rentals ("STVRS") to be permitted at Estates at Griffin Lake ("Griffin Lake"). While we understand that the applicant has proposed continuing the hearing to February 13, 2024, we are submitting this email now to be on record. Each year, we have been materially inconvenienced during music festival season by traffic controls that have denied GR residents access to both our 54th street entrances in order to allow party goers to the Mery Griffin Estate ("Estate") unimpeded access. As neighbors of the Estate in the past few years, we have been disturbed by noise coming from parties and events at the Estate. The City, in our view, has approved permits for the Estate that have not limited the "noise -times" in favor of the surrounding neighborhoods. The City has not demonstrated that it is capable of enforcing the noise conditions of the permits that it has granted in the past, and accordingly, we have no basis to be assured that going forward, the City will be able to enforce noise and traffic conditions on not one, but 78 additional STVRs. Our residential investment in La Quinta has been premised on the local environment we found in 2007 and have seen reasonably and carefully nurtured and protected over the years. We are not "not in my backyard" people, but do value that which so many of the communities in this part of La Quinta have developed and protected. What will the impact be of 78 six -seven bedroom STVRs with the potential of hundreds of vehicles going in and out of the property at any given time on the quality of life of residents of the Madison Club, Hideaway, Griffin Ranch and anticipated Capstone properties? The Lake proposal to create a community of STVRs (aka party houses) is wholly inconsistent with that environment and will, if allowed by the City, surely adversely impact property values and asset liquidity and do great harm to the "La Quinta brand" so many of us have tried to preserve and protect. That La Quinta brand is something that our City leadership should want to protect as well. Accordingly, after review of the revised Development Agreement, we understand that Section 9.25.020 of the Municipal Code governs Development Agreements, including the approval of the Development Agreement that is now sought. We have been advised by persons familiar with such permitting procedures that Code provision provides (subsection C.8) that the Planning Commission must consider whether the Development Agreement "a. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; b. Is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located; c. Is in conformity with the public necessity, public convenience, general welfare and good land use practices; d. Will be detrimental to the health, safety and general welfare; e. Will adversely affect the orderly development of property or the preservation of property values; f. Will have a positive fiscal impact on the city." (1) the proposed STVR's are not compatible with neighboring land use. Neighboring land use is Griffin Ranch which does not allow short-term rentals. The proposed STVR's are also inconsistent with Specific Plan 2014-1001 for the Estates at Griffin Ranch which the City approved in 2015. The Specific Plan states that it will "provide high quality single- family residences designed to be marketable" (p.7). The proposed STVR's are not designed to be marketable. They are designed to be rented. They are not "single-family residences" as that term is commonly understood. STVR's are typically occupied by non - family or multi -family groups. The Specific Plan also states that the project will be developed "in a manner compatible with surrounding residential development." (p.7). STVR's are not compatible with the surrounding residential development which does not allow short-term rentals. (2) the STVR's are detrimental to health and general welfare. The noise issues and associated complaints from residents near STVR's have been so significant that the City conducted a pilot program to determine if noise monitoring devices would help reduce complaints. The City recognized these problems when it imposed a ban on new STVR's effective 2021. It is inconsistent for the City to ban new STVR's and at the same time to enter into a new Development Agreement which allows 78 STVR's. Placing conditions in the Development Agreement purporting to reduce noise is not a solution. If the City really believed that such conditions were totally effective and eliminated all of the problems of STVR's, it would repeal its ban on new STVR's and allow new STVR's subject to the same conditions. N (3) The STVR's would adversely affect the orderly development of property and the preservation of property values. The Capstone lots will be adversely affected to the greatest extent. If STVR's are approved, it is less likely that the Capstone lots will ever be developed which will have an adverse effect on Griffin Ranch and its residents. One of the reasons which the Planning Commission took into account when it approved the Capstone proposal to re -subdivide Capstone into 37 parcels (instead of the prior 20 one - acre lots) was that, otherwise, Capstone would never be developed. The goal was to make it easier to develop the Capstone property given current market conditions. Allowing STVR's to be close neighbors of Capstone will make it less likely that Capstone will be developed. (4) Capstone and Griffin Ranch property values would be adversely affected. Griffin Ranch property values will be adversely affected directly (by noise) and indirectly (delay or failure to develop the Capstone lots will adversely affect Griffin Ranch property values). (5) The City itself has recognized that STVR's create serious neighborhood problems that cannot be adequately addressed by existing enforcement mechanisms. Here are just a few quotes from the City of La Quinta Ad -Hoc STVR Committee, STVR Chair and Co - Chair Report, available on the City's website: "Noise and personal behavior problems are the biggest causes of friction between STVR properties and their neighbors." "Public comment has focused ... on the issues of noise and personal behavior of renters, most often from music or loud disturbances late in the evening or early morning hours on weekends. This type of complaint is very disruptive to residents as it adversely impacts the neighborhoods quality of life." "[I]t is not uncommon for noise disturbances to recur repeatedly in properties where there may be different occupants several times a week." "The existing enforcement practice[s] ... may not lessen disruption to the neighborhood because the property is often rented to several different occupants every week, resulting in recurring disruptions." "Availability of Code Enforcement Officers at critical times has lagged behind demand. Many STVR related code infractions occur during the late night/early morning window on weekends and holidays." "Lack of appropriate resources is effectively preventing these citations from being issued, resulting in community stress ..." "The Complaint Hotline is often not staffed with trained or qualified individuals and often goes directly to voicemail, resulting in intense frustration often at the most critical times, and a high level of complaints from neighbors." We trust that the City will, after seriously assessing its duties under Code Sub -Section C of the Code, deny the revised Development Agreement application with prejudice. Sincerely, Ellen Ahearn 3 Eric Markell Tania Flores From: ted buck <tedabuck@gmail.com> Sent: Monday, January 8, 2024 10:29 AM To: Planning WebMail Subject: Mery Griffin Estate Some people who received this message don't often get email from tedabuck@gmail.com. Learn why this is important This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. I am certainly not anti -development, but the proposed 78 house short term rental plan for the Mery Griffin Estate is very concerning. It would effectively be placing a large hotel in the middle of a residential area, changing the nature of the area significantly. I also wonder of the wisdom of increasing so significantly the number of short term rentals in our community - there are upsides for STRs but the downsides are significant and well-known. The nature of clientele at this particular proposal would magnify the downsides - lots of bachelor/bachelorette parties, spring break crowds, etc., all of which will have a significant deleterious impact on the neighboring properties (Griffin Ranch). Perhaps a small pocket of STRs in the middle of the development could provide a reasonable compromise, isolating the negative aspects from the neighboring properties. I ask you to be very careful in considering this development. Thank you. Ted Buck 54885 Northern Dancer Dr La Quinta. Ted Buck 206-486-8000 (bus.) Tania Flores From: scramer56@twc.com Sent: Monday, January 8, 2024 6:55 PM To: Tania Flores Subject: Estates at Griffin Lake Importance: High You don't often get email from scramer56@twc.com. Learn why this is imaartant EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. La Quinta Planning Commission, The proposal to place more than seventy individual short term rental properties on Griffin Estate land in close proximity to Griffin Ranch and many other neighboring residential properties is terribly inconsiderate to everyone who believes in the "Right to the Quiet Enjoyment" of their homes. These proposed Short -Term Rentals will have a negative impact on surrounding traffic, noise, crime & municipal resources. I am opposed to this Short -Term Rental proposal! Do not approve this Short -Term Rental Project! Stephen Cramer Griffin Ranch Resident Tania Flores From: scramer56@twc.com Sent: Monday, January 8, 2024 6:59 PM To: Tania Flores Subject: Estates at Griffin Lake Importance: High You don't often get email from scramer56@twc.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. La Quinta Planning Commission, I am opposed to this Hotel type short term rental project... it will impact our property values and will take away our "Right to the Quiet Enjoyment " of our homes in Griffin Ranch... not to mention traffic, safety issues and noise to our community. DO NOT ALLOW this proposed project. Beverly Dennis Griffin Ranch Homeowner Tania Flores From: joshua dimen <jjdimen@yahoo.com> Sent: Monday, January 8, 2024 4:13 PM To: Planning WebMail Subject: Development Agreement 2022-0001 APN 780-001 [Some people who received this message don't often get email from jjdimen@yahoo.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** The development for estates at Griffin lake, TTM 36744: I live in Griffin Ranch on Mery Griffin Way and will be directly negatively impacted by the proposed ghnrt term rental rnrnrnncarl rleye!npment, The Capstone lots have doubled from the original design by one hundred percent and now you are considering adding additional housing that will create more congestion, pollution, noise, traffic, sheriff responses, water use, and create a situation that will decrease the desirability of the city. La Quinta is a wonderful peaceful place to live, do not turn it into a ZOO. If not for the annual fees associated with short term rentals, why would you allow it. VOTE NO!!!!!!! Thank You John Dimen Tania Flores From: Tim Downing <timdowning425@gmail.com> Sent: Monday, January 8, 2024 9:24 PM To: Planning WebMail Subject: Mery Griffin Estate-STVR [Some people who received this message don't often get email from timdowning425@gmail.com. Learn why this is important at https-//aka.ms/LearnAboutSenderidentification ] ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Dear Planning Commission Members, We are writing to you today to express our disappointment and frustration with the pending plans to turn the Mery Griffin Estate into 78 short term rental units. We are disappointed because this change in status will inevitably result in more noise, disruption, traffic and a lower quality of life in our Griffin Ranch community. We are frustrated because this is nothing but a big money plan to change the zoning rules of our community to the detriment of the local tax paying citizens. Our home in Griffin Ranch represents a lifetime of sacrifice and hard work. This plan to build 78 short term houses for transient rentals puts our life savings at risk. We hope that the members of the Planning Commission will take our neighborhood into consideration when they review this application. Thank you for your time, Tim and Lynn Downing 81275 Stormcat Court La Quinta, CA 92253 Tania Flores From: Scott Ellis <hscottellis@yahoo.com> Sent: Monday, January 8, 2024 8:09 AM To: Planning WebMail Subject: Hearing for Mery Griffin Estate Some people who received this message don't often get email from hscottellis@yahoo.com. Learn why this isjrnoortant EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear Commissioners of the La Quinta Planning Commission: After having vacationed in La Quinta for over 15 years, my wife and I decided to settle in La Quinta and purchased a home last year at Griffin Ranch. It is a wonderful community and a testament to the quality of life most of our town's residents enjoy. However, I object to this referenced application for several reasons: i. 1 believe it will have Many adverse erects or, lily neigh uullloou uiie to nwlcaacu traffic, IIUiJe and UliJl pollution II VIII the development and construction of the planned homes for that site. 2. The applicant currently owns a single family dwelling and is proposing to add over 75 homes to this tract. In my view that constitutes over development of a site which will further strain our natural resources. 3. It will irrevocably change the character of the neighborhood. 4. The proposed development is out of scale in terms of its proposed appearance compared with the existing development at Griffin Ranch. 5. The current site is classed as a STVR exempt zone which applies ONLY to the original 5 acre site. The applicant is proposing to change that classication to allow all of the new homes to be classified as SNR exempt which is unreasonable and a violation of Griffin Ranch's current HOA regulations as they apply to the other property owners. These are just some of the reasons why I object to this applicant's proposal and respectfully request that the La Quinta Planning Commission deny this application. Sincerely, H. Scott Ellis 54920 Secretariat Drive La Quinta, CA 92253 cell: 973-722-2400 Tania Flores From: Horwich, Larry <Ihorwich@wipfli.com> Sent: Monday, January 8, 2024 6:43 PM To: Planning WebMail Cc: Adam Medina; Horwich, Larry Subject: Panning Commission re: Estates at Griffin Lake Some people who received this message don't often get email from Ihorwich@wipfli.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear Planning Commission - I am writing to you as a resident of the Griffin Ranch homeowners association regarding the proposed Estates at Griffin Lake development located on the Mery Griffin Estate. From the limited information provided to us to date, it appears that the proposed development is requesting over 70 short term rental homes to be built directly out my back door. When my wife and I purchased our residence in November 2021, we had many choices of communities in the Coachella Valley area. As you are aware, most of these communities are built adjacent to golf courses and hotels. We specifically chose a development that was away from these amenities. Recently the City of La Quinta extended the development of the land between Griffin Estate and Griffin Ranch to Capstone by increasing the number of houses allowed to be built on the Capstone land. The City chose to approve that request for (among other reasons) the ability to find a developer that would be willing to improve the property with sufficient economics needed from the larger amount of homes allotted. While our community was not in favor of that change, we at least understood the reasoning behind that decision. In the current Griffin Lake proposal, it appears that the Commission is being asked to completely change the landscape of our community. While it may appear to be a "fun" project for some Urban Planning and Design professional, I would hope that your fiduciary responsibilities as a member of the Commission would put greater emphasis on the well being of the current residents and the protection of our people and our financial condition. This proposal must not be allowed to come to fruition. I'm sure that Mery Griffin would be the strongest opponent to the legacy of his estate and surrounding open land horse farm being changed in this haphazard way. I welcome the opportunity to meet with any of the members of the Commission if they have any additional questions. Thank you, Larry Horwich 81688 Mery Griffin Way La Quinta, CA 92253 IhorwichCcDwir)fli.com (312) 909-2044 The content of this email and any attached files are confidential, and may be subject to certain privilege. This email is intended for the designated recipient(s) only. If you have received this email in error, please immediately contact the sender. Wipfli LLP CPAs and Consultants Tania Flores From: Karen Jefferson <karenjebac@yahoo.com> Sent: Monday, January 8, 2024 12:11 PM To: Planning WebMail Attachments: griffin proposal.docx Some people who received this message don't often get email from karenjebac@yahoo.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. MMM hearing Sent from Yahoo Mail for Wad 81675 Thunder Gulch Way La Quinta, Ca 92253 January 81h, 2024 To: Planning@Laquinta.com RE: MGM Enterprises Inc request for STIR status for 78 proposed homes on Griffin property Dear Sirs: We strongly oppose allowing allowing MGM Enterprises Inc 's request not only to build 78 homes on the present Mery Griffin site, but especially their request for short term rental status and to have it run like a hotel/resort development for several reasons, First, the area is zoned residential, not commercial, and to allow a hotel development is inconsistent with the city's overall planning. Resorts generate additional traffic with employees, vendors and guests, and noise, in a what is now a quiet neighborhood. Second, the original submission in 2015 which was tentatively approved back then, preceded the more recent ruling by the city which disallows short term rentals for single family residences in La Quinta. This is applicable to new homes being built, as well as existing homes that previously could be used as short term rentals whose ownership changed. In these cases, a new owner of a previous STR property is now restricted to long term rentals. Lots 1-78 on the existing Mery Griffin estate, by the city's own ruling, do not qualify for STIR status. Lot 79, the existing home in the Mery Griffin property, is the ONLY property that qualifies for STIR status and this applies only to the present ownership. Any new homes built on the property should have to comply with the more recent, restrictive, ruling. Third, the entire Griffin ranch area of LQ is designated as SFR, not commercial, and should remain that way. The area is not a commercial corridor. The noise, increased traffic, and security issues a commercial hotel/resort venture would generate destroys the quiet enjoyment that homeowners in the present Griffin Ranch, Madison Club, Hideaway, and other homes expect to enjoy. To allow a commercial enterprise at this location is inconsistent with the overall plan also would have a deleterious effect on existing home values. We strongly oppose not only allowing this development as a commercial enterprise, but especially allowing them to be exempt from the current law. Sincerely, Dr and Mrs. Ed Jefferson Tania Flores From: tkozakrealtor@twc.com Sent: Monday, January 8, 2024 8:20 PM To: Tania Flores Subject: Estates at Griffin Lake Importance: High You don't often get email from tkozakrealtor@twc.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. La Quinta Planning Commission Reference: Estates at Griffin Lake Project La Quinta Planning Commission, We decided to buy our home in Griffin Ranch almost eight years ago with the understanding that it was going to be a quiet place to live. This proposed project is really nothing more than a Hotel! In a residential community. The proposal to build more than seventy permanent Short -Term Rental homes on Griffin Estate property adjacent to Griffin Ranch would be a betrayal of the "Right to the Quiet Enjoyment" of our homes by the city of La Quinta. Not only is it a betrayal to my family, and a betrayal to my neighbors in the Griffin Ranch Community and all the surrounding communities who likewise selected this area for its' continued beauty and solitude! These proposed Short Term Rental homes, The Estates at Griffin Lake will have a negative impact on all the homeowner's property values in the surrounding communities. The immediate impact on the community will be traffic, safety issues, noise and crime. I am opposed to this project. Do not approve this Short -Term Rental Project. Tanya Kozak Resident Power of Attorney Dennis Trust I Tania Flores From: Christine Rubin <rubincbr@gmail.com> Sent: Monday, January 8, 2024 11:06 PM To: Planning WebMail Subject: Estates at Griffin Lake Some people who received this message don't often get email from rubincbr@gmail.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. January 8, 2024 To the City of La Quinta; La Quinta City Council, As a full-time resident of La Quinta and a homeowner in Griffin Ranch, I am writing to inform you of my strong opposition to the development of the Estates at Griffin Lake. This development is a commercial hotel business being disguised as 78 STVR's in hopes to get approval to develop their commercial property in a quiet residential neighborhood in La Quinta. A project of this magnitude has no right even being considered for the Mery Griffin property. The goal of the developer should be clear to the La Quinta City Council and this project rejected. In fact, there are many more reasons to reject this project than making exceptions to approve it. As the research shows STVR's bring increased traffic, crime, trash on streets, and noise to a community. This is when they are spread throughout a community. Now let's imagine what it may be like when 78 STVR's make up a single neighborhood. It's a crazy concept and an experiment I prefer not to be a part of. One can only imagine the increase traffic, crime, trash and noise that would bring to the surrounding area. Now imagine what a festival weekend might look like. Groups of young adults renting most of the homes to enjoy as they please. I'm sure the rental price will be hefty and the renters will want to maximize their fun. But the renters enjoyment will come at our expense, as does every private event already held at the Mery Griffin Estates. I assume there will be a limit on the number of people who can stay in a house, not that any renter follows that rule, but for our example we will use 10 people per rental, that is 780 new rental residents a weekend that will be using the facilities. Who is going to manage these renters? The development will quickly become the new Bourbon Street of La Quinta. Festival goers will gather in this new neighborhood throughout the weekend due to its proximity to the polo fields. It only takes one text and you have 1000's of festival goers at a location in minutes such as the Revolve party held at the Mery Griffin Estates. I'm sure the Indio police remember that night. Also let's not forget part of the proposal is to increase the size of the lake. How will this affect our environment? Larger pools of water bring more mosquitos and bugs. Every mosquito season our neighborhood already has signs posted at our intersections of mosquitos found with West Nile, Zika and other potentially deadly diseases mosquitos transmit to humans. What type of watercraft, if any, will be allowed? Anything bigger than a rowboat is unacceptable and would introduce a new noise to our community. Currently our neighborhood is quiet. I enjoy the sound of silence. I moved to the desert to enjoy this peace and quiet. At night I listen to the sounds of nature like coyotes howling, owls ho-h0000ing mixed in with an occasional car driving by. When the festivals are here we have increased noise pollution. This noise includes but is not limited to the thumping of the base vibrating through our homes, the sound of concert goers and partying, sounds brought with increased traffic such as horns honking and cars racing. For the good of the community and because we know it is limited, we get through these weekends. But to ask us to live with 780 + renters in addition to the inconveniences we are already experiencing in a residential community is absurd! If I understand this correctly the La Quinta City Council should be embarrassed for bringing this item to the agenda and even asking La Quinta homeowners to defend themselves against 78 STVR's to be our neighbors. The City of La Quinta and the La Quinta City Council should be protecting local La Quinta homeowners from these types of commercial developments and not help them to disguise their business to meet residential regulations. Sincerely, Christine Rubin Full-time La Quinta resident at Griffin Ranch Tania Flores From: Valerie McMichael <valerie mcmichael@att.net> Sent: Tuesday, January 9, 2024 10:49 AM To: Planning WebMail Subject: Mery Griffin Estate Development Project [Some people who received this message don't often get email from valerie_ mcmichael@att.net. Learn why this is important at https:Haka.ms/LearnAboutSenderldentification ] ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** To Whom It May Concern, We are residents of Griffin Ranch. We came to this community because it is a quiet boutique community with mostly home owners and strict long term rental rules. We feel this new development would destroy the feel of this communih/ We rherich and Inver. Thi. new nlan was jii.t Snninn nn im in the last week but clearly much previous planning has gone into this over a long period of time. We appreciate being able to voice our opinion now, although late in the process. There is an overwhelming feeling that our little quiet community would be forever changed in a negative way if this project were to move forward. Please save our community and do not approve this new project. It would be bad for Griffin Ranch and bad for La Quinta who has spent so much time developing a special city that has voted down short term rentals as a whole. Say No to the Mery Griffin Development Project. VALERIE MCMICHAEL MICHAEL COSTANTINO Griffin Ranch Home Owners Tania Flores From: Lou Pappas <Lou.Pappas@manningkass.com> Sent: Tuesday, January 9, 2024 12:13 AM To: planning@laquinaca.goV Cc: Cheri Flores; 'regeddes22@yahoo.com'; Jennifer Nelson; Danny Castro; 'adam.medina@managementtrust.com'; Tania Flores; Jill Pappas Subject: Estates At Griffin Lake Attachments: City.001.01.08.2024.pdf You don't often get email from lou.pappas@manningkass.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Greetings: Please find attached our written response to the pending January 9, 2024 City of La Quinta Planning Commission Public Hearing on the application of Griffin Ranch Investors relating to the application identified as Development Agreement 2022-001. Lou Pappas Chair of Healthcare Practice Team W MANNING f KASS 801 S. Figueroa St., 15th Floor Los Angeles, CA 90017 Main: (213) 624-6900 Direct: (213) 430-2611 Mobile: (213) 507-5491 Lou.Pappasa,manningkass.com I manninakass.com Dallas I Los Angeles I New York I Orange County I Phoenix I San Diego I San Francisco Note: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.0 2510-2521 and is legally privileged The information transmitted in or with this message is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material and is protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any retransmission, dissemination, distribution, copying or other use of, or the taking of any action in reliance upon, this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting the material from your computer Thank you. Manning & Kass, Ellrod, Ramirez, Trester, LLP STEVEN Q MANNING EMILY ELLSE LISA IVERSEN DENN IS B. KASS SEAN DOWSING NICOLE JONES ANTHONY J. ELLROD ANDREA KORNBLAU LISA MARTINELLI EUGENE P, RA,MIREZ CHRISTINE LA VORGNA WILLIAM NELSON FREDR;C W. TRESTER DANIEL B. HERBERT' NICHOLE SANTIAGO LAWRENCE D ESTEN MARK A HAGOPIAN VIJAY PATEL KI LDRED K_ O'LIN.u' DONALD R-DAY ' TWIGGY ALVAREZ ALFRED N DE LA CruL JOHN W. HOCHHAL'SLER 11111'4KIRK NATALIE ORTIZ BRIAN T. Moss' CHRSTCPHER DATotn YuaY A KOLESNIKOV JEFFREY M, LENKOV POLAND TONG JENNA PAGE MARGUERITE L, JONA'K STEVEN W. DELATEUP NATHALIE C, HACKETT MICHAEL L SMITH CHRISTOPHER KAN.10 JAMIE B'URKE Louis W. PAPPAS WILLIAM KELSBEPG RICHARD MGKIE EUGENE J, EGAN JOSEPH ESCAREZ JOSEPH GORDON CLIFFORD A. CLANCEY COURTNEY NAKATANI J EDSON R. ADAM ELLISO.N DEANN RIVAFD JOANA COLOMA JASON J, MOLNAR' DAVID V. ROTH DANIEL SULLIVAN NATALYA VASYUK RICHARD MOJICA LOAN DAO TE L. DIXONER'MARK WILSON MANNING K CARR DAVID R, REEDER- DAVID KELSEI' NKOLAISEN ! ■ 7� JAMES , JAMES A, HnRRs ANTHO.Vv CAN.VIZZO KIRSTEN BROWN GA BRI ELLn PEDONE RICHARD G1 GARCIA TIFFANY HENDER£Q`J TIFFANY SO'HRABIAN KATHLEEN A, HUNT' SALLY FREEMAN' JESSICA BECERRA STEVEN J. RENICK LIZE TTE ALVARADO NATAL.IE PORTONE D. HIEP TRUONG ELLEN BuPACH-ZION 15TH FLOOR AT 801 TOWER ANDREW RAZMA JANET D. JOHN' EVGENIA JANSEN DANIEL KNIERIM SHARON &JEFFREY ANTaNETTE MA RIND' 801 SOUTH FIGUEROA STREET HANNAH ELLENHORN KENNETH S. KAP.'ABATA GLENNJOHNSTON LACEY SIFSEY LOS ANGELES, CALIFORNIA 90017-3012 AONYvAAFSOA•RTY JON° HAND LAB,DM. S.CHR; TAN ANDERSON K A.ENLIAO MARK SENIOR ANN A KARTOSHKINA MATTHEW E. KEARL K'STINE Rizzo Tel: (213) 624-6900 KRISTINA ROSS GRFTHCH.1I COLLIN MICHELLE J, f r�ARTIN 624-6999 AMANDF, WILBJR Dr LYNN CARPENTER' OLESYA MiKHAYLCVA Fax: (213) TANN LDNDoN ROBERT E, MURPHY' ROYA FOHRER FIONA MILLER JASON J. DoSHI SOPHIE O. LAFRANCHI ManningKass.com CALVIN PARK E M ILY EDWARDS KA Y LEIGH ANDERSEN MA YA SOREENSEN DAVID R.R'JIZ LINNA LOA NGKOTE PETYA HRABAR CRAIG SMITH DAVID ALPERN ELLARIE HERNANDEZ January 8, 2024 City of La Quinta La Quinta Planning Commission La Quinta City Council planning@laquinaca.gov Re: Estates at Griffin Lake Development Agreement 2002-0001 Griffin Ranch Investors Dear Council: LINDSAY LE VICTORIA TREPANY DoR6 YOUMARA VASUDHA PUROHIT ELIKA ZIAE ISHA GULATI DANIEL VIZCARRONDO RIANE SWONES JALESSA ALMONACY BEAR ALLEN-BLAINE HALLEY THIEL ALISON DEYOUNG VICTORIA LEVI" ADAM O'SHEA BRITTANY MCKINLEY JERRIE WEISS ELLE REED OF COUNSEL JOHN D. MARINO - ARI MARKOW TRISHA NEWMAN MICHAEL A, WEISMANTEL MART SA ZARATE CAROL ROHR CHARLES MOLLIS GEOFFREY PLOWDEN MICHAEL 3 <AVE • AC.^.illcrl In Mullpe ...C.,,U_ j Ad lletl to PracLI C Law in AKl —ky My wife and I are owners of a home located at 81480 Mery Griffin Way, La Quinta, CA 92253. Our home in on the Northern most portion of Griffin Ranch and is separated from the Griffin Estate by the Capstone lots. The purpose of this letter is to voice our concerns regarding the proposed Development Agreement between the City of La Quinta and Griffin Ranch Investors that would allow for short term rentals (STVR's). While we were aware that the Griffin Estate would at some point be developed, we, along with our similarly situated neighbors, had no clue that the plan was to develop what was tantamount to a roughly 78 home hotel. To be specific, the primary issue as we can tell from our initial review of the project center around the proposed short-term rental homes coupled with the future event area identified on the map found on the City's website. The notice provided by the City, shortly before New Year's Eve, of the January 9, 2024 Public Hearing was incredibly vague as to what was truly being proposed. Upon further investigation, it was discovered that there was a negotiated Development Agreement between the City of La Quinta and Griffin Ranch Investors. And the citizens directly affected by the project had a little more than a week to investigate and digest what the City had been negotiating for likely months if not years. I doubt that these tactics would DALLAS NEW YORK ORANGE COUNTY PHOENIX SAN DIEGO SAN FRANCISCO 901 Main Street. Ste 6530 100 Wall Street, Ste 700 695 Town Center Dr., Ste 400 2700 N Central Ave., Ste 870 225 Broadway, Ste 1200 One California Street. Ste 900 % as. TX 75202 New York, NY 10005 Costa Mesa, CA 92626 Phoenix, AZ 85004 San Diego, CA 92101 San Francisco, CA 94111 (214) 953-7669 (212) 858-7769 (949) 440-6690 (602) 313-5469 (619) 515-0269 (415) 217-6990 City of La Quinta La Quinta Planning Commission La Quinta City Council Re: Estates at Griffin Lake January 8, 2024 Page 2 survive legal scrutiny when brought before a reviewing court. A continuance of this public hearing is necessary so that all affected parties can play catch up. So you can understand our initial concerns with the short term rental issue (STVR) and future events area, neither are compatible with neighboring land use. There are no STVR's in the neighboring areas around the Griffin Estate. A cursory review of the Specific Plan 2014-1001 for the Estates at Griffin Ranch, which the City approved in 2015, states that the Griffin Estates would be high quality single-family residences designed to be marketable. The proposed plan of STVR's are rentals and are not intended to be "marketable." And what is being proposed are not "single-family residences." STVR's are typically occupied by non -family or multi -family groups. A reading of the Specific Plan also states that the project will be developed "in a manner compatible with surrounding residential development." As noted above, STVR's are not compatible with any of the surrounding/neighboring residential developments, Griffin Ranch or the Madison Club, which specifically do not allow short-term rentals. The issue of STVR's have been the topic of discussion in La Quinta and many other cities in Southern California. The objections have been that STVR's are detrimental to the health and general welfare of the citizens of the community. From what we understand, the City of La Quinta recognized that there were problems with STVR's when it imposed a ban on new STVR's effective sometime around 2021. We have yet to understand how the City can ban new STVR's and at the same time enter into a new Development Agreement which allows for roughly 78 STVR's. We have yet to gain access to the environmental impact report. The factors that were taken into consideration in this report need to be scrutinized since, as the City records should document, there is a history of noise complaints flowing from parties and other activities on the Griffin Estate property. There is no way to effectively reduce noise emanating from the STVR's/hotel and event area on the Griffin Estate property as these noise abatement efforts were a colossal failure when events were put on over the years by Griffin Estates. Finally, absent evidence to the contrary, Griffin Ranch property values would clearly be adversely affected by the STVR's being considered in the proposed Development Agreement between the City of La Quinta and Griffin Ranch Investors. For all of the foregoing reasons, the City of La Quinta should continue the Planning Commissions public hearing to allow the affected parties time to further investigate the proposed Development Agreement between the City of La Quinta and Griffin Ranch Investors. City of La Quinta La Quinta Planning Commission La Quinta City Council Re: Estates at Griffin Lake January 8, 2024 Page 3 Best regards. Very truly yours, MANNING I KASS /s/ Lou Pappas Louis W. Pappas LWP/bfd cc: Griffin Ranch HOA Adam Medina Robert Geddes JOEL R BRYANT GREEN BRYANT & FRENCH, LLP Concheil;I_ value O(TIVf JEFFREY A. FRENCH t ATToRNEYs AT LAw 34360 Gateway Drive ELMASETIIA FRENCH MATTHEW T, POELSrRA 402 WEST BROADWAY, SUITE 1950 Palm Desert, CA 92211-0842 JESSICA G.11'IISON SAN DIEGO CALIFORNIA 92101 Tel - (760) 346-9310 D. ROBERT DIFRIN Fax - (760) 346 9031 MADISON O. MIlLER it TELEPHONE (619)239-7900 FACSIMILE (619) 239-7800 SAMUEL F. ROTH JONATHANSHKEDY January 8, 2024 OF COUNSEL ' A Professional C pwabon RONALD M. GREEN' t Aiso Lkomed In Wag*Von BRYAN R. GERSM- CRAIG S. BICKLER• City of La Quinta, California La Quinta City Council RE: Estates at Griffin Lake On Behalf of The Griffin Ranch Homeowners Association Our File No.: 6081.1 Dear Council: Our firm serves as counsel for the Griffin Ranch Homeowners Association ("Griffin RanclfD. Griffin Ranch has requested that we write to the City Council to express the concerns of Griffin Ranch's homeowners regarding the proposed Estates at Griffin Lake development located at the Mery Griffin Estate. The homeowners of Griffin Ranch have already had issues relating to the current usage of the Mery Griffin Estate, which is the site of the proposed Estates at Griffin Lake development. Generally, the issues stem from the proximity of the two locations and the use of the Mery Griffin Estate as an events center for various functions, usually by transients. Griffin Ranch is a quiet residential community with no short-term rental activity. During and following many of the events held at the Mery Griffin Estate, Griffin Ranch homeowners deal with significant noise pollution oftentimes going into the late hours of the night. Problems also arise with traffic making it extremely hard for homeowners to reach their homes. Many of these complaints have been previously lodged with the City by Griffin Ranch residents. Now, the owners of the Mery Griffin Estate want to convert much of this area into short-term rentals which will only exacerbate these existing problems while also creating entirely new, avoidable issues. Creating a new community comprised entirely of short-term rentals will adversely impact the Griffin Ranch community as well as other surrounding communities. Instead of only having significant issues with noise and traffic during Mery Griffin Estate events, these issues will now become a constant as a stream of short-term and transient venters who have little care for the Griffin Ranch community move in next door. These short-term renters are projected to be 80% adults by the development team and a large percentage of those will certainly be coming into town for festivals, partying, and the like, and will create issues on an even larger scale than has been seen before. This hotel -like use of the Mery Griffin Estate property is incompatible with the GREEN BRYANT & FRENCH, LLP Letter to La Quinta City Council January 8, 2024 Page 2 existing residential use of Griffin Ranch. Transients will become a nuisance for Griffin Ranch owners every single day of the year. Moreover, the creation of a community of entirely short-term rentals directly next to Griffin Ranch will have an adverse monetary impact on Griffin Ranch's homeowners. Many of the homeowners put a large portion of their life savings into purchasing homes at Griffin Ranch as an investment vehicle that would grow throughout the remainder of their lives, expecting that the community of La Quinta would be growing and become a more desirable place to live. Certainly, a community of short-term renters next door who will make constant noise and traffic throughout all times of day will negatively impact these owners' property values due to unforeseeable circumstances and usage of an unrelated property next duur, which would not be fair to them. The Griffin Ranch community and unquestionably other similarly situated communities would appreciate your consideration of their concerns and interests before creating a large community of transient rentals that will only create bigger problems and negative impacts for the surrounding communities. It follows that the proposed use of the Mery Griffin Estate as a transient rental community is incompatible with the existing residential communities that surround it, and that this proposed usage must be rejected by the City. If you have any further questions, feel free to contact me. Sincerely, GREEN RKYANT & FRENCH, LLP Jonathan Shkedy, Esq. JAWS cc: Board of Directors, Griffin Ranch HOA; Adam Medina Tania Flores From: Lack, Chris <CLack@trccompanies.com> Sent: Tuesday, January 9, 2024 2:43 PM To: Cheri Flores; Planning WebMail Cc: clack@msn.com Subject: Proposed Development of The Estates at Griffin Lake Some people who received this message don't often get email from clack@trccompanies.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Attn: Cheri Flores City of La Quinta Dear Council, I am writing to express my strong opposition to the development of the Estates at Griffin Lake, located at 81345 Avenue 54, La Quinta CA. While the local community may be unable to prevent development that will be detrimental to the area, nearly all residents in the Griffin Ranch neighborhood are completely opposed to the addition of single-family short-term rentals. This development will cause excessive noise, traffic, and safety problems, will destroy sensitive local wildlife habitat, and potentially lower the property values of the existing community. The added noise pollution from 78 single-family short term rental dwellings will be a constant nuisance to our community at Griffin Ranch. Due to the extremely quick turn -around by renters, I feel that the majority of these people do not care or have respect for the surrounding neighbors since they do not live there. The Griffin Ranch community prides itself on creating a peaceful environment that is free of noise pollution. Traffic and safety of pedestrians are major areas of concern. The local neighborhood traffic will disproportionately surge during morning and evening rush hours, causing traffic issues during critical times for the existing Griffin Ranch, Mery Griffin Estates, and Madison Club neighborhoods. The traffic surge during morning rush hours will also negatively impact safety for children since students walk to school in the mornings. In general, the area traffic is continuing to increase, and heavy traffic is already common at times from Avenue 54, which may not have been anticipated during the last rezoning approval. Sensitive wildlife species have been observed in the area, and any development will destroy their habitat. Any planned development of the property should consider the continuing impact to local wildlife habitat. The proposed planning area has several species of concern, which should be investigated by the appropriate agency prior to approving development. Property values are likely to decrease in the area if single-family short-term rental dwellings are built. Short-term rental dwellings are inconsistent with the neighborhoods developed in the area. I urge you to disapprove the proposed short-term rental dwellings, and from recent meetings and discussions with my neighbors, I know my opinions are shared by many who have not managed to attend meeting or write letters and emails. Thank you for your continued service and support of our communities. Regards, Christopher J. Lack Resident of Griffin Ranch 81495 Thunder Gulch Way La Quinta, CA 92253 Phone: (714)925-4730 Email: c—lack@msn.com Tania Flores From: Maria Lack <maria.ellen.lack@gmail.com> Sent: Tuesday, January 9, 2024 2:38 PM To: Cheri Flores; Planning WebMail Subject: !!! Opposition to the Estates at Griffin Lake Development !!! Some people who received this message don't often get email from maria.ellen.lack@gmail.com. Lean n why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear Cheri Flores and the City Council Members of La Quinta, I am writing to express my strong opposition to the development of the Estates of Griffin Lake, located at 81345 Avenue 54, La Quinta, CA on the Mery Griffin Estate. I am concerned that this development will unnecessarily cause increased noise pollution, increased threat to our communities' security, increased traffic to the area, and negatively impact the local wildlife habitat. As a full-time resident of Griffin Ranch, I thank you for listening to our community's concerns with this development plan. We, the residents of Griffin Ranch, aim to keep our community peaceful, quiet, safe and with no short-term rental activity. Feel free to contact me with any questions. Kind Regards, Maria Lack Email: Maria.ellen.lack@gmail.coin Cell: 858-232-0021 Address: 81495 Thunder Gulch Way La Quinta, CA 92253