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PC Resolution 2024-004 Club at Coral Mountain SP, GPA, ZC, TTM, & DAPLANNING COMMISSION RESOLUTION 2024 - 004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A GENERAL PLAN AMENDMENT, ZONE CHANGE, SPECIFIC PLAN AMENDMENT, TENTATIVE TRACT MAP AND DEVELOPMENT AGREEMENT TO ALLOW THE DEVELOPMENT OF 750 RESIDENTIAL UNITS, A GOLF COURSE AND 60,000 SQUARE FEET OF RETAIL COMMERCIAL SPACE, FOR THE CLUB AT CORAL MOUNTAIN, ON 387 ACRES LOCATED SOUTH OF AVENUE 58, NORTH OF AVENUE 60, AND EAST AND WEST OF MADISON STREET CASE NUMBERS: GENERAL PLAN AMENDMENT 2023-1000 ZONE CHANGE 2023-1000 SPECIFIC PLAN 2023-0003 (SP2003-037 AMENDMENT NO. 5) TENTATIVE TRACT MAP 2023-0005 DEVELOPMENT AGREEMENT 2023-1000 APPLICANT: CM WAVE DEVELOPMENT LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on January 23, 2024, hold a duly noticed Public Hearing to consider a request by CM Wave Development LLC for approval of a Specific Plan Amendment, General Plan Amendment, Zone Change, Tentative Tract Map, and Development Agreement for a master planned community on 386 acres of a 929 acre area for the Club at Coral Mountain, located south of Avenue 58, north of Avenue 60, and east and west of Madison Street, more particularly described as: APN 764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003, 766-070-006, 766-070-012, 766-070-014, 766-080-001, 766-080-002,766-080-004 & 766-080-005 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on January 12, 2024, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site, and emailed or mailed to all interested parties who have requested notification relating to the project; and General Plan Amendment 2023-1000 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 to justify approval of said General Plan Amendment [Exhibit A]: PLANNING COMMISSION RESOLUTION 2024-004 GENERAL PLAN AMENDMENT 2023-1000; ZONE CHANGE 2023-1000; SPECIFIC PLAN 2023-0003 (SP2003-037 AMENDMENT NO. 5); TENTATIVE TRACT MAP 2023-0005 (37815); DEVELOPMENT AGREEMENT 2023-1000 PROJECT: CLUB AT CORAL MOUNTAIN LOCATION: SOUTH OF AVENUE 58, EAST AND WEST OF MADISON STREET ADOPTED: JANUARY 23, 2024 PAGE 2OF6 1. The map amendment is internally consistent with those goals, objectives, and policies of the General Plan insofar as the Amendment makes no changes to the land use designations allowed within the lands west of Madison Street, south of Avenue 58 and north of Avenue 60, as shown in Exhibit A, and only reallocates their distribution as shown in Table 1. Table 1 Land Use Summarv* Land Use Zoning Existing Proposed Change Acres Acres acres General Neighborhood 8.4 7.7 -0.7 Commercial Commercial CN Low Density Low Density 204.2 191.8 -12.4 Residential Residential RL Open Space Golf Course (GC) 171.9 187.5 +15.6 Recreation *Note that Existing acreage is calculated on net (384.5 acres) and Proposed is calculated on gross (387 acres). 2. Approval of the General Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare because the community will be entirely self-contained and of high quality, and will include homes, a golf course and perimeter improvements and streets consistent and complementary to improvements surrounding the site. 3. The Land Use designations are suitable and appropriate for the subject property, as they are identical to those currently allowed on the affected parcels. 4. Approval of the General Plan Amendment is warranted because the configuration of uses has marginally changed, and consistency with the conceptual plan for the project is required. Zone Change 2023-1000 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 to justify approval of said Zone Change [Exhibit B]: 1. The zone map change is consistent with the goals, objectives, and policies of the General Plan, as described above. 2. Approval of the zone map change will not create conditions materially detrimental to the public health, safety, and general welfare because the community will be PLANNING COMMISSION RESOLUTION 2024-004 GENERAL PLAN AMENDMENT 2023-1000; ZONE CHANGE 2023-1000; SPECIFIC PLAN 2023-0003 (SP2003-037 AMENDMENT NO. 5); TENTATIVE TRACT MAP 2023-0005 (37815); DEVELOPMENT AGREEMENT 2023-1000 PROJECT: CLUB AT CORAL MOUNTAIN LOCATION: SOUTH OF AVENUE 58, EAST AND WEST OF MADISON STREET ADOPTED: JANUARY 23, 2024 PAGE 30F6 entirely self-contained and of high quality, and will include homes, a golf course and perimeter improvements and streets consistent and complementary to improvements surrounding the site. 3. The zone map change is compatible with the zoning on adjacent properties as it continues the pattern of master planned communities envisioned in the General Plan for southern areas of La Quinta. 4. The zone map change is suitable and appropriate for the subject property because the property is essentially flat, and the same land uses as currently permitted will be developed. 5. Approval of the zone map change is warranted because the configuration of uses has marginally changed, and consistency with the conceptual plan for the project is required. Specific Plan 2023-1000 (Amendment No. 5 to Specific Plan 2003-037, Andalusia) 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 Specific Plan Amendment [Exhibit C]: 1. The proposed Specific Plan Amendment is consistent with the General Plan, insofar as the land uses in the west side of the Specific Plan will continue to develop with the land uses shown in the General Plan Land Use Map, and consistent with the policies and programs of the General Plan. 2. Approval of the Specific Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare, as development already occurs within this Specific Plan, and its build out will be consistent with that development. 3. Specific Plan 2003-037, Amendment No. 5 is compatible with zoning on surrounding properties, which also allows residential units and golf course uses. 4. Specific Plan 2003-037, Amendment No. 5, is suitable and appropriate for the subject property, as development is consistent with the east side of the Specific Plan area and will continue to build out as originally intended. Tentative Tract Map 2023-0005 PLANNING COMMISSION RESOLUTION 2024-004 GENERAL PLAN AMENDMENT 2023-1000; ZONE CHANGE 2023-1000; SPECIFIC PLAN 2023-0003 (SP2003-037 AMENDMENT NO. 5); TENTATIVE TRACT MAP 2023-0005 (37815); DEVELOPMENT AGREEMENT 2023-1000 PROJECT: CLUB AT CORAL MOUNTAIN LOCATION: SOUTH OF AVENUE 58, EAST AND WEST OF MADISON STREET ADOPTED: JANUARY 23, 2024 PAGE 4OF6 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 to justify approval of said Tentative Tract Map [Exhibit D]: 1. The Tentative Tract Map is consistent with the La Quinta General Plan, as amended, and implements the Low Density Residential, General Commercial, and Open Space land use designations allowed on the site. 2. The design and improvement of the Tentative Tract Map for financing purposes only are consistent with the La Quinta General Plan with the implementation of recommended conditions of approval. 3. The design of the Tentative Tract Map is not likely to cause substantial environmental damage, nor substantially injure fish or wildlife or their habitat. The Coral Mountain Resort EIR found that impacts of Alternative No. 2 to the environment could be reduced to less than significant levels, with the exception of aesthetics, air quality and greenhouse gas emissions and vehicle miles traveled. The City has determined that the benefits of the project outweigh the impacts to these resources, to be identified in the Findings and Statement of Overriding Considerations. 4. The design of the Tentative Tract Mapis not likely to cause serious public health problems, insofar as the map is for financing purposes only, and will be required to comply with all laws, standards and requirements associated with sanitary sewer collection, water quality and other public health issues in subsequent maps, site development permits and other approvals necessary for development of the land. 5. The design and improvements required for the Tentative Tract Map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. All roadway improvements, easements, if any and surrounding improvements will be completed to City standards. 6. The proposed Tentative Tract Map is consistent with all applicable provisions of Title 13 of the City's Subdivision Regulations Code, minimum lot area requirements, and other applicable provisions of Title 9 of the City's Zoning Code, and the Subdivision Map Act. 7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Development Agreement 2023-1000 PLANNING COMMISSION RESOLUTION 2024-004 GENERAL PLAN AMENDMENT 2023-1000; ZONE CHANGE 2023-1000; SPECIFIC PLAN 2023-0003 (SP2003-037 AMENDMENT NO. 5); TENTATIVE TRACT MAP 2023-0005 (37815); DEVELOPMENT AGREEMENT 2023-1000 PROJECT: CLUB AT CORAL MOUNTAIN LOCATION: SOUTH OF AVENUE 58, EAST AND WEST OF MADISON STREET ADOPTED: JANUARY 23, 2024 PAGE 5OF6 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 to justify approval of said Development Agreement [Exhibit E]: 1. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and the Andalusia Specific Plan, Amendment No. 5. 2. The Development Agreement is compatible with the uses authorized in and the regulations prescribed in the Andalusia Specific Plan and implements the Specific Plan's design features. 3. The Development Agreement is in conformity with the public necessity, public convenience, general welfare, and good land use practices because it will create a revenue stream to assure that public safety costs incurred by the City for the project will be paid for by the project. 4. The Development Agreement will not be detrimental to the health, safety, and general welfare, as it provides for the long term ordered development of a master planned community. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values insofar as it will ensure that development occurring on the site will generate revenues and assure high quality development. 6. The Development Agreement will have a positive fiscal impact on the city by paying mitigation fees for services it requires, and additional Transient Occupancy Tax and Sales Tax revenues. 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 Findingsof the Planning Commission in this case; and SECTION 2. That the above project is consistent with Alternative No. 2 of EA 2019-0010, Coral Mountain Resort Environmental Impact Report (SCH #2021020310); and SECTION 3. That it does hereby recommend that the City Council approve General Plan Amendment 2023-1000, Zone Change 2023-1000, Specific Plan Amendment 2023-0003, PLANNING COMMISSION RESOLUTION 2024-004 GENERAL PLAN AMENDMENT 2023-1000; ZONE CHANGE 2023-1000; SPECIFIC PLAN 2023-0003 (SP2003-037 AMENDMENT NO. 5); TENTATIVE TRACT MAP 2023-0005 (37815); DEVELOPMENT AGREEMENT 2023-1000 PROJECT: CLUB AT CORAL MOUNTAIN LOCATION: SOUTH OF AVENUE 58, EAST AND WEST OF MADISON STREET ADOPTED: JANUARY 23, 2024 PAGE 6 OF B Tentative Tract Map 2023-0005 and Development Agreement 2023-1000 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit F]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on January 23, 2024, by the fallowing vote: AYES: Commissioners Caldwell, Guerrero, Hassett, Hernandez, McCune, Tyerman, and Chairperson Nieto NOES: None ABSENT: None ABSTAIN: None i L'� STItPHEN T. NIETO, Chairperson City of La Quinta, California ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2024-004 GENERAL PLAN AMENDMENT 2023-1000 OS -N LDR LDR q EXISTING GENERAL PLAN LAND USE OS -R OPEN SPACE RECREATION CG GENERAL COMMERCIAL LDR LOW DENSITY RESIDENTIAL PROPOSED GENERAL PLAN LAND USE OS -R OPEN SPACE RECREATION CG GENERAL COMMERCIAL LDR LOW DENSITY RESIDENTIAL NOTE: THIS GENERAL PLAN MAP AMENDMENT WILL ONLY REFINE EXISTING LAND USE BOUNDARIES WITHIN THE WEST TRACT OF SPECIFIC PLAN 03-067. ALL EXISTING GENERAL PLAN LAND USE DESIGNATIONS FOR THE WEST TRACT WILL REMAIN UNALTERED. EXHIBIT A IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA GENERAL PLAN MAP AMENDMENT FOR TENTATIVE TRACT MAP NO. 37815 EXHIBIT DATE: NOVEMBER 1, 2023 DATA TABLE APPLICANT / LAND OWNER: CM WAVE DEVELOPMENT, LLC. ADDRESS: 2440 JUNCTION PLACE, SUITE 200 BOULDER, COLORADO 80301 CONTACT: GARRETT SIMON TELEPHONE: (970) 596-6642 EXHIBIT PREPARER: MSA CONSULTING, INC. ADDRESS: 34200 BOB HOPE DRIVE RANCHO MIRAGE, CALIFORNIA 92270 CONTACT: PAUL DEPALATIS, AICP TELEPHONE: (760) 320-9811 ASSESSOR'S PARCEL NUMBER: 764 -200 -076,764 -210 -007,764 -210 -028,764 -210-029,766-070-003,766-070-006,766-070-012,766-070-014, 766-080-001, 766-080-002, 766-080-004 & 766-080-005 LEGAL DESCRIPTION: PORTIONS OF SECTIONS 27 & 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN. 0' 1200' 2400' SCALE 1 "=1200' CITY OF LA QUINTA .VQ0JRV'c VICINITY MAP N.T.S. SITE w O COUNTY OF Z RIVERSIDE O- A 58TH AVENUE r� AVENUE 1 PLANNING COMMISSION RESOLUTION 2024-004 ZONE CHANGE 2023-1000 i 58TH AVENUE id 1 EXISTING ZONING GC GOLF COURSE CN NEIGHBORHOOD COMMERCIAL RL LOW DENSITY RESIDENTIAL PROPOSED ZONING GC GOLF COURSE CN NEIGHBORHOOD COMMERCIAL RL LOW DENSITY RESIDENTIAL NOTE: THIS ZONING MAP AMENDMENT WILL ONLY REFINE EXISTING ZONE BOUNDARIES WITHIN THE WEST TRACT OF SPECIFIC PLAN 03-067. ALL EXISTING ZONING DESIGNATIONS FOR THE WEST TRACT WILL REMAIN UNALTERED. EXHIBIT B IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ZONING MAP AMENDMENT FOR TENTATIVE TRACT MAP NO. 37815 EXHIBIT DATE: NOVEMBER 1, 2023 DATA TABLE APPLICANT / LAND OWNER: CM WAVE DEVELOPMENT, LLC. ADDRESS: 2440 JUNCTION PLACE, SUITE 200 BOULDER, COLORADO 80301 CONTACT: GARRETT SIMON TELEPHONE: (970) 596-6642 EXHIBIT PREPARER: MSA CONSULTING, INC. ADDRESS: 34200 BOB HOPE DRIVE RANCHO MIRAGE, CALIFORNIA 92270 CONTACT: PAUL DEPALATIS, AICP TELEPHONE: (760) 320-9811 ASSESSOR'S PARCEL NUMBER: 764 -200 -076,764 -210 -007,764 -210 -028,764 -210-029,766-070-003,766-070-006,766-070-012,766-070-014, 766-080-001, 766-080-002, 766-080-004 & 766-080-005 LEGAL DESCRIPTION: PORTIONS OF SECTIONS 27 & 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN. 0' 1200' 2400' SCALE 1"=1200' Z w 00 COUNTY OF w Z RIVERSIDE U- O LU 54TH AVENUE CITY OF LA QUINTA w G� Z AIRPORT BLVD O SQ < VICINITY MAP N.T.S. 58TH AVENUE !W60TH ,---1 rAVENUE 1 PLANNING COMMISSION RESOLUTION 2024-004 SPECIFIC PLAN 2023-0003 (SP2003-037 AMENDMENT NO. 5) SPECIFIC PLAN 03-067 NOVEMBER 2023 AMENDMENT V OF ANDALUSIA AT CORAL MOUNTAIN A Development by: CORAL OPTION I, LLC SUNRISE LQ, LLC MBGDWAVE, LLC A DELAWARE LIMITED LIABILITY COMPANY CM WAVE DEVELOPMENT, LLC Prepared for: THE CITY OF LA QUINTA, CALIFORNIA COMMUNITY DEVELOPMENT DEPARTMENT EXHIBIT C PROJECT TECHNICAL T AM ANDALUSIA (EAST TRACT) SUNRISE LQ, LLC 300 Eagle Dance Circle Palm Desert, CA 92211 MBGDWAVE, LLC, A DELAWARE LIABILTY COMPANY 23622 Calabasas Road Suite 200 Calabasas, CA 91302 CffY OF LA QUINTA COM1 UNI"T'Y DEVELOPAd NT DEPARTMENT Les Johnson Community Development Director 78-495 Calle Tampico Le Quints, CA 92253 MASTER PLANNING Hart Hoerton I Union Street Floor 3 San Frmcisca, CA 94111 LANDSCAPE ARCHITECT 12;GA Le3xdsoape Architects, Inc. 73061 El Paeo Suite 214 Palm Desert, CA 92260 CrM ENGINEERING Watson Engineering 50-200 Monroe Street Indio, CA 92201 CORAL MOUNTAIN CLUB (WEST TRACT) CM WAVE DEVELOPMENT, LLC 2001 Wilshire Blvd. Suite 401 Santa Monica, CA 90403 MERIWETHER COMPANIES 2001 Wilshire Blvd. Suite 401 Santa Monica, CA 90403 ENTITLEMENTS MSA Consulting, Inc. 34200 Bob Hope Drive a Rancho Mirage, CA 92270 CITY OF LA QUINTA DESIGN & DEVELOPMENT DEPARTMENT Danny Castro Design and Development Director 78-495 Calle Tampico La Quinta, CA 92253 DMK GOLF DESIGN, INC. 2755 NW Crossing Drive Suite 225 Bend, OR 97703 LANDSCAPE ARCHITECT AND PLANNING VITA, Inc. 181 3rd Street Suite 100 San Rafael, CA 94901 ii Specific Plan 03-067 L '`ABLE OF CONTENTS 7.7.2Corm/ dal Hodund AL�d,.�he B�muida)lne. i ... a i #w.............. i�}W 2a7 .3T%P-ed& m0$4)67 Gulf and Cwmtry Club ia fiLes .i..r..r#iia 1.71 24/4 Rq l She Pbouing " I WROD�iIvr 1++ i/VxrVrSUMMARY UMM}RY ....... ir i# i� i. i* d�a #ia .a� .ai .a. a4* .�a ...IIF+JI 0. .* i. .* 1.2 1j PURPOSE AND NE ii...... i..,.,....... PROJECTIO xL SETTING.... yY 1,3 � a . r .......... t 1A PROJECr WAS.SET'.SING..................a.i.a#.+.#.,.,..,srt.ii...IA .6 1 PROJECT5�'+��4��RY y 1.6 +.�..(..........,.#..si...... #i*...R.s.*.f*i#..M.rt rtrt si+aei asrt. is rsrarsir ,� 1.7 15��1��11.7Lf�l1�L�Y��L}*F��IT�.%�SIATIV A �rO�{7�si�LkNCE ........... 4. .. 4 a# a. i r#.# t a i 4 rt f i# + a y i W i a r s.\ r i1.9 7.7.2Corm/ dal Hodund AL�d,.�he B�muida)lne. i ... a i #w.............. i�}W 2a7 .3T%P-ed& m0$4)67 Gulf and Cwmtry Club ia fiLes .i..r..r#iia 1.71 24/4 Rq l She Pbouing " 11 iR JL7SlMLSW4; 2.1.1 PbmaingAm .f*. ..................................... ..a.+rra.r.i.iiir....i...irr.iriirr.*..1.2 .r1.2 q ]LAND USE ...... # t e.oaar.�i+.i.iari ri.**4 rt6.#i##r rr##irt.Y....7.3 LLIand Use J Gev ml Plom Context ; ..#i.iiri#ir i .+..itis.#..r#..r..,Y. ,* ?..i2 N}} ftCpwn-al Flea /Lac� /Land .....................t,..r.,,si....�,� L3 JCrvp Gene=] Plan 112nd Use ...i..i.atirr r iaa.....t.tr...r.+i+2.5 2.3 fnNL Y,i.ria..f .. t. .. ., .i i. t.. +.F....fi ... .+i .. i.a .a}.R+#t2 .6 L3.1 ETAf70ain Y#i.......t..............2.6 2,3.2 PrOVORAZvDag.r......•.4... t& .................... -1.7 2A The Land LndSft Th e'1P) ............................ 4..,4.,......2.8 2-44 soR43o ilaunix A ....................... ................2..9, { 2-5 CMCTTAillPLAN ......... ............ a#+.. i.. a.. s......ry3 jI1 L5.1Affp.+m rovem'pu s Y . F ... + .......... , . rt r i .. r Y r .. q W.0 . Y dM 2.L1n, 2,52 Onsift, yipmvemeIIt.........t.*..t.....irir.iii..r....+sir Je5 j LO .... MA9TGR PLAN UrPOR NG HLLM.N=V R a . f .. 4a'i ii .. i i i 4 o .Z7r7 LL L` 2.6.1 Open Space and R=regfiau .... ...... . M7 2.61 udureaIId Utilities P12a ...... ..... 1nf�s&tilitiesr1f+i*t* . *sta r+ia2 .3 Wayeraud SewerFl= .a+..a. i ..tta.i R......it.sP. ai.t ,... *i*..**. ..a. r..att F .i....*i,. 8 16.4Fla i`ity i.#r.ii.,,r.i.rf.i..i#..#.a#..#r 4 ri.ariaa#i.f.i#i.#..#0 .M...2�y.J}71 ++6.5 Kati AralGas #*....i#a.i#i#i#.wit.....i..r.r..i.#.#a..i 4..ri....2.29 2t6.6 r ��%�.it.......a.Yr.rt ry.i a.ar... rt.. s..&. 6.6....2.29 7-6+7Pmfuw .r..rra.t...........a....t.r .......a 2f9 2,6.g satool sGrt. ................ R.. r r f i r*..t V4ppVyF 2.6.9 LAW EQfarlemeny.rr..a...ira.sr....is.si..iY 2.6.10Fire PrGtec on.r4 2.6.1. LWruTLw&ks ........:.,........ 30 2#7ANA+D��JALUY,SYIIA (EAST TRACT) 1 Comm..........2.31 Z .1 he Y 3P]xn 03-W Comm aWZm# 5 # . . r . .. . a .. .. .... + i a # . 23 7.7.2Corm/ dal Hodund AL�d,.�he B�muida)lne. i ... a i #w.............. i�}W 2a7 .3T%P-ed& m0$4)67 Gulf and Cwmtry Club ia fiLes .i..r..r#iia 1.71 24/4 Rq l She Pbouing " f 17.5 Gradhe Eedp ffbadards ad Guidelines . . .........................2.53 2.7.6 THE CORAL MOUNTAIN (WEST TRACT) PHASING PLAN .......2.54 2.7.7 PLANT MATERIAL PALETTE..................................2.55 2.8 WEST TRACT DESIGN GUIDELINES & STANDARDS .......................2.57 3 ZONING AND DEVELOPMENT FYGULATj()NS 3.1 SPECMC PLALNLf}'FRIA J)j jCr .....ai.ii..r i#i,iii ►....a...a.i +A 3.1.1 Planning Area I ,,..,,....r,...ii............. si....j...... f.;.+..5j 3.1. Area ............................................,.,..+346 �Pluxtin X31 33.3 Pbmdm'g,IZ.11�21a�i ............�r.,ir+i r.�+i. a......*.r*.rr.*ir.s.*X9 3.1,4 Plam-ni g Area TV ......................................12 ..&reae uA�i.Y�r ' ,1.5 ... i ... .......... � .6 ii mnft�. •3 • .qa ., a,a •f....Ui ......... + ........................ 33 � iJw NUMAI ......ar#fear �- y&CMCH }IL1y��, �,�S �I�PI�i�}lCl#1�� +�.r. ryarii+... ss. rMs ►st. rs.r�.Lli 3.3 DRNSTff hRlimFmf *Vwmm :.........iri ri. s....ii►r i.iai.ai rfJ,J.T E 4 GENERAL FLAN CONSUTENCY 4.1 ANDALUSIA (EAST TRACT) GP CONSISTENCY........................................... 4.1 i 42 CORAL MOUNTAIN CLUB (WEST TRACT) GP CONSISTENCY ................ 4.7 I . i Spee'suc Plain 03-067 iv I �. Introduction 1.1 EXECUTIVE SUMMARY The Specific Plan 03-067 is organized in four sections. Section 1: Introduction. This section provides an overview of the document, project setting and History, exiting approvals, the legislative authority for the specific plan process and the method of compliance with the California Environmental Quality Act (CEQA). Section 2: Plans, Programs, and Guidelines. This section provides the organizational frame- work of the Land Use Plan and related plan exhibits. This section establishes the land use poli- cy for the Specific Plan 03-067 area and provides the design guidelines which set design and development criteria and direction for individual projects within the Specific Plan, boundary. Subsequent to the filing of the Specific Pian documents, separate Use Permit applications will be filed which will delineate development criteria for the golf clubhouse and ancillary support struG- tares and buildings, residential units, and supporting maintenance facility areas. Section 3: Zoning and Development Regulations. This section establishes the zoning appli- cable to land within the Specific Plan 03-067 area. boundary. Development Regulations are pre- sented for each Planning Area within the Specific Plan boundary, Section 4: General Plan Consistency. This section uses the key land use issues statement of each element of the City of La Quinta General PIan,as..the.b.asis.for..evaluating.-he..co tens; of the Specific Plan 03-067 with. the City of La Qu nta General Plan Specific Plmn 03-067 1.1 1.2 PURPOSE AND INTENT The Specific Plan presented herein is a comprehensive planning and development document intended to guide development of lands within the Specific Plan 03-067 area boundary.This doc- ument osument establishes development plans, guidelines, and regulations for the project plan area and specifies development criteria for various use permit entitlements scheduled to be developed within the plan area. This document is intended to insure a high quality of development consistent with the goals, objectives, and policies of the City of La Quints General Plan and the goals of the • Implementation of a plan which recognizes, and wherever possible, protects the environmental characteristics of the property; • Creation of a community with a balance of appropriate land uses and a range of housing types; Development of complementary recreational and commercial facilities which will serve a range of housing types; • Development of a community which provides a safe, secure and ecologically sound living environment. This Specific Plan guides the standard of development for Specific Plan 03-067 and is structured to provide a degree of flexibility to address market-driven demand changes. The Specific Plan 03- 067 Amendment U establishes and updates the design and development zoning policies applica- ble to development within, the Specific Plan area described herein and establishes the regulations and standards which serve as the ordinance and development regulation for the property. This documents removes all land area south ofAvenue 60 from the existing Specific Plan land area, which is concurrently being processed ander the "Trilogy at La Quinta, Shea Homes Community," Amendment V adjusts the location and layout of residential, golf and commercial uses on the west side of Madison Street and establishes fresh planning, architectural and landscape design guidelines for that area. The area East of Madison Street (Andalusia) remains as it is with no changes. Revised text is shown in red and revised exhibits are outlined in red, relating to the Western area (Coral Mountain Club) being revised. Any inconsistencies between the revised text and exhibits and the currently adopted Specific Plan document for the area outlined in red are to be interpreted in favor of the revised text and exhibits. 1.2 Specific Plan 03-067 1.3 PROJECT REGIUN,AL SETTING The Original Specific Pian approval refered to as SP218 approved in Riverside County was locat- ed within the County of Riverside, in the Coachella Valley south and east of the City of La Quints - The Santa Rosa Mountains are located to the west, Saiton Sea to the southeast and Little San Bemardino Mountains to the northeast. The project site included 1,280 acres bounded to the north by Avenue 58, south by Avenue 62, west of Jackson Street and east of Laine Cahuilla County Park The project site is located on the U.S. Geological Survey Indio, La Quints., Martine Mountain and Valerie Quadrangle Maps, including portions of Sections 26,27,2 8, 34 and 35 of Township 6 South and Range 7 East, San Bernardino Base and Meridian. tan hvsdrl.S ,,' Exhibit 1 In 1994 the project was renamed to "Coral Mountain' after a significant landform which has beea historically referred to as "Coral Reef Mountain" This significant geological feature forms part of what is referred to as the `Rernmait of Ancient Shoreline" ou the Recreation, & Thoroughfare Map of Desert Communities. The Coachella Valley is divided into the Upper and Lower Coachella Valley Land. Use Planning Area profiles and the project site is located within the Lower Coachella Land Use Planning Area. The predominant land use in the area is agriculture, including dry farming and citriculture, while a large portion of the Planning Area is vacant, non -irrigated desert. Several sections of land in the Planning Area are ander Indian (Tortes Martinez and Augustine Indian reservations) and Bureau of Land Management (BLM) ownership. The resulting checkerboard pattern is found throughout eastern Riverside County. Coral Mountain Specific flan Amendment 1 included 1,290 acres of flat, slightly sloping land Approximately 355 acres have been added to the plan area bringing the total acreage of the pre- vious plan to roughly 1635 The elevation ranges from approximately sea level in the western por- tion of the site to 90 feet Below sea level in the eastern portion. Specific Plan 03-062 1.3 1.4 PROJECT LOCAL SETTTNG The Specific Plan boundary is within the City of La Quinta, a 31 square mile municipality locat- ed in the southwestern portion of the Coachella Valley. The City, which was incorporated in 1982, is bounded on the west by the City of Indian Wells, on the, east, by the City of Indio and Riverside County, on the north by Riverside County, and Federal and County lands to the South The amended Specific flan project site is generally defined by Avenue 58 along the Northerly boundary, Monroe Street to the East, Avenue 60 to the South, and to the West vacant land and portions of the flood control dike. .'I r Z `ir INDIANWELLS INDIO PALM DE5ERY tu • MKOWER' a Q ES AVENUF 50 CQACHIrLLA AVENUE U 1 LA INjT AVS UE ail AI P22 9LVD f i AVENUE 6B I PROJECT SITE AVENUE W 'Exhibit 2 Specific Nut 03-067 is accessible from Interstate 10 by way of Jefferson Street and Madison Street or Monroe Street Ii The Specific Plan 03-067 project continues the implementation of a network of General Plan roads and infrastructure within the City's Master PIan for development and exemplifies a quality of grovrth that reiterates the City's ernergence as a desert resort community with the highest stan- dards for resort residential and recreational development. 1.4 Speai& Pima 03-067 1.5 PROJECT HISTORY A Brief History of the Coral Mountain Specific Plan's Previous Entitlement The property is currently approved for various uses under the name Coral Mountain Specific Plan Amendment I. This Specific Plan is an amendment to the earlier approval document filed in the County of Riverside known as Rancho La Quinta Specific Plan 218. The existing Specific Plan under Amendment I incorporates 23 acres of Commercial Use, 689 acres of residential use and associated land, and three golf courses on approximately 567 acres — all uses totaling approximately 1280 acres. The portion of the plan south of Avenue 60 is cur- rently being built out by Shea Homes under The Coral Mountain Specific Plan Amendment 1. Changes to the development scenario delineated in the current Coral Mountain Specific Plan south of Avenue 60 will be addressed in a separate Specific Plan under the name "Trilogy at La Quinta, Shea Homes Community". The Specific Plan 03-067 as proposed herein delineates a bifurcation of the "Trilogy" plan area south of Avenue 60 from the land area north of Avenue 60. The area north of Avenue 60 will use the name Specific Plan 03-067 white the area south of Avenue 60 will acquire the name "Shea Homes" and will be developed within the parameters of the Coral Mountain Specific Plan Amendment 1 document. Amendment II was approved in 2003 by the City of La Quinta and renamed the Specific Plan from "Rancho La Quinta" to "Coral Mountain" Specific Plan. This amendment also removed the Trilogy project from the Specific Plan. Amendment III was approved in 2013 by the City of La Quinta and relocated the east tract golf clubhouse and provided higher density around the east tract golf clubhouse. Amendment IV was approved by the City of La Quinta in 2017 as "Amendment IV of the Andalusia at Coral Mountain Specific Plan (SP -067)". It revised development standards in Planning Area II around the golf clubhouse to allow for 80 attached/ detached residential villas of up to 2 stories on 16 acres. Amendment V adjusts the location and layout of residential, golf and commercial uses on the West side of Madison Street (Coral Mountain Club) and establishes fresh planning, architectural and landscape design guidelines in that area. The Specific Plan as it applies to land east of Madison Street (Andalusia) remains as it is with no changes. 1.6 Specific Plan 03-067 The development plan for the Specific Plan 03-067 plan area includes: • The development of two championship gulf courses and Club amenities; • The development of 1,400 residential units; - The development of supporting infrastructure to assure adequate facilities and services. PROPOSED SPECIFIC PLAN 03-067 84, i ... � •' 'tib �. �q. r� � � � �. : . - •. {. � SCC: i Y _.: � uit e� t� 40M � "' w r �`MORRNAI it Y1 111110 29�{VATIOlr Yk N • W1 •iyi AWOM . EXISTING CORAL MOUNTAIN ..,..�. PLAN TO REMAIN34 .0 ' MI , , � x Exhibit 4 rxu•lw►x, w • Specific Plan 03-067 1.7 1.6 ENABLING LEGISLATION i I The authority to prepare, adopt, and implement the Coral Mountain Specific Flan is granted to the City of La Qninta by the California Government Code (Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457). • As with General Plans, the Planning Commission must hold a public bearing before it can recommend to the City Council the adoption of a Specific Plan or an amendment thereto. The City Council of La Quinta may adopt a Specific Plan and/or an amendment to the Specific Flan by either ordinance or resolution. • The Specific Plan 03-067 is a regulatory document that, once adopted, will serve as the General Plan, the Zoning Ordinance, and Development Codi (Specific Plan) for the { j amended plan area, As such, the adopted plan, once incorporated by reference, makes i consistent the La Quinta General Plan, Upon completion of the Specific Plan amendment and adoption process, future development must be consistent with the, Specific Plan and f amendments thereto. I i I r 1,$ Specific Plan 03-067 1.7 CEQA COMPLIANCE Specific Plan 03-067 The following statements address the City of La Qua's responsibility to address CEQA com- pliance in the preparation of a Negative Declaration of environmental impact (NEG -DEC). (a) The lead agency or responsible agency shah prepare an addendum to a previously certified EIR if some changes or additions are necessary but noire of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred, (b) An addendum to an adopted Negative Declaration ,may be prepared if only minor technical changes or additions are necessary. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted Negative Declaration (d) The decision making body shall consider the addendum with the fma1-EIR or adopted negative declaration prior to making a decision on the project. (e) A brief expl Plans, Programs and Guidelines 2.1 THE LAND USE CONCEPT L Residential Uses The project encompasses two residential "neighborhoods" located on either side ofMadison Street. One of. the "neighborhoods" is envisioned as a private country club featuring one of the two 18 hole championship golf courses and corresponding low density neighborhoods, and the other "neighborhoods" is envisioned as a low to medium density residential offering within the second championship course. Product types may include single-family detached and attached units. Residential development is anticipated to occur over approximately 50% of the total acreage within the Specific Plan area with the balance of the property in open space, golf course, and other recreation based land use. 2. Commercial Use Commercial development is proposed to be located on approximately 12.7 acres of land located on the Southwest & Southeast comer ofMadison Street and Avenue 58. Commercial development will consist of a mixture of commercial retail and resort -related commercial development. It is antici- pated that the commercial retail development will include both neighborhood commercial and visi- tor serving commercial uses. 3. Parks/ Open Space/ Recreation The primary recreational component of the development will be two 18 -hole championship golf courses designed by Rees Jones which will occupy approximately 45% of the Specific Plan area. In addition to its function as a recreational component, the golf course will also provide a visual amenity within the Specific Plan area with a significant number of residential units having frontage on and/or views of the golf courses. The conceptual layout for the golf courses is shown on the Master Plan graphic. Individual developments within the Specific Plan area may have addi- tional recreational amenities including tennis and swimming facilities. 4. Circulation The circulation plan for Specific Plan 03-067 is intended -to -utilize -existing -local- area -roadways to provide the access to the Specific Plan area. These roadways include Avenue 60, Avenue 58, Avenue 62, Monroe Street and Madison Street. The internal circulation system will consist of a series of loop roads providing access to the individual residential and recreational components within the Specific Plan area. Additional information is provided in the Circulation element of this document in Section 2.5. Specific Plan 03-067 2.1 2.1.1 Planning Area Breakdown TheSpecific Plan 03-467 document breaks the plan area into six distinct sub areas, with corre- sponding "site driven" development regulations and design criteria. These Planning Areas are depicted in Exhibit 4 shown below. Planning Areas within the Specific Plan 43-467 Community Planning Area I is characterized by the club facilities, supporting parking and circulation ele- ments, and associated open space area. Planning Area II is defined by villa residential dwelling units of one and two stories with associ- ated pools and open space areas. Planning Area III is defined by various residential dwelling product types of one and two stories with associated pools, spas and open space areas. Planning Area IV is defined by the golf and open space maintenance facilities. Planning Area V is defined by the neighborhood commercial site and its supporting parking and circulation elements. Planning Area VI addresses golf course areas and the primary stormwater management and reten- tion zone of the plan area. 0 Golf Club & Recreation Amenities ® Multifamily Residential Use ® Residential Use Golf & Open Space Maintenance Facilities Avenue 58 Neighborhooe Golf Course WEST TRACT Avenue 60 EAST TRACT Specific Plan 43-467 2.2 LAND USE 2.2,1 Land Use / General Plan Context The Specific Plan 03-067 amends the existing Specific Plan I and implements the City of La Quinta General Plan by bringing together detailed policies and regulations into a focused devel- opment plan for the Specific flan area, The Specific Plan 03-067 is a regulatory document which, when adopted by the City Council of La Quints, governs alI facets of project development includ- ing the distribution of land uses, location and sizing of supporting infrastracture, as well as devel- opment standards and regulations for uses within the plan area. The location and alignment of the land uses and zones depicted herein are diagraanmatic.The precise layout within subsequent site development permit applications for the resort residential unit clusters, recreation amenities and clubhouse and support facilities will determine the actual alignment and adjacency of each land use category. This Specific Plan is prepared as a link between the La Quinta General Plan and subsequent development proposals for individual planning areas within the Specific Plan 03-067. The Land Use Element of the La Quints. General Plan identifies and establishes the City's policy relative to the planned future pattern, intensity, density and relationships of land uses in the City as well as in the Specific Plan 03-067 plan area addressed herein. The purpose of the Land Use Element within the City's General Plan is to establish official City and plan area policy which: Identifies the general types, locations and distribution of land uses desired in La Qui.nta at buildout; Identifies standards for land uses relative to population and building density/intensity and the character and compatibility of land uses; Identifies desired courses of action/ strategies which provide the means to implement the community's land use policies while implementing the Specific Plan, The Specific Plan 03-067 establishes consistency with, and implements the City's General Plan by: • Specifying the land uses in the plan area; • Delineating standards for land use compatibility with the City's policies; • Providing the framework for development in an orderly manner; • Making consistent the General Plan Land Use and Zoning Category for the property and the City's General Plan, Specific Plan 03-067 23 2.2.2 Prior General Plan / Land Use Prior to Amendment IV, the Existing General Plan/Land Use for the plan area was Low Density Residential allowing 2-4 Dwelling Units per acre. The adopted general plan and corresponding zone classification for Medium and Low Density Residential - LDR allows for a variety of housing types and supporting land use within the resi- dential residential use. Golf use is currently allowed. Residential Land Uses Low Density Residential -LDR Medium density Residential - MDR Golf -G Major Community Facility -MC 2.4 Specific Plan 03-067 2.2.3 Proposed General Plan / Land Use The proposed General Plan/Land Use for the plan area provides for Low Density Residential land use allowing up to 4 Dwelling Units per acre as well as sites for a Neighborhood Commercial center. The adopted General Plan classification for Low Density Residential - LDR allows for a variety of housing types and supporting land use within the low density residential residential use. The adopted General Plan classification for Neighborhood Commercial -NC allows for a limited range of neighborhood serving commercial uses. Proposed Land Use Low Density Residential — LDR Neighborhood Commercial — NC Golf - G This section reflects Amendment IV. See Section 2.15, 2.19 and 2.21 for Amendment V Proposed West Tract Land Uses. Specific Plan 03-067 2.5 23 PRIOR ZONING 2.3.1 Prior Existing Zoning Prior to Amendment IV, the existing Zoning was as described below. The corresponding zone classification for residential, community facilities, and golf course use allows for a variety of housing types and supporting land use within the plan area. Residentini Land Uses Low Density Residential — RL Medium Density Residential - RM Golf Cpurse - GC Major Community Facility - MC 2..6 Specific Plan 03-067 2.3.2 Proposed Zoning The proposed Zoning for the plan area includes Low Density Residential (RL) allowing up to 4 dwelling units per acre and Neighborhood Commercial (CN). The corresponding zone classification for Low Density Residential - RL allows for a variety of housing types and supporting land use within the low density residential use. The corresponding zone classification for Neighborhood Commercial (CN) allows for a limited variety of commer- cial land use and support facilities within the Neighborhood Commercial use. CN fa � - •i 3 '•~ 9 Zoning classifications Low Density Residential — RL Neighborhood Commercial (CN) Golf Course - GC This section reflects Amendment IV. See Section 2.15, 2.19 and 2.21 for Amendment V Proposed West Tract Land Uses. Specific Plan 03-067 2.7 i L 1I - art fa � - •i 3 '•~ 9 Zoning classifications Low Density Residential — RL Neighborhood Commercial (CN) Golf Course - GC This section reflects Amendment IV. See Section 2.15, 2.19 and 2.21 for Amendment V Proposed West Tract Land Uses. Specific Plan 03-067 2.7 2.4 THE LAND USE MASTER PLAN The Land Use Master Plan for the fifth - amendment to the Coral Mountain Specific Plan reflects the development goal of providing a variety of residential units in a secluded setting of two championship golf courses and other private and semi -private recreational amenities. The Land Use Master Plan graphically delineates the proposed uses located within each planning area of the overall amended Specific Plan. The Master Platt includes complementary architecture in all product types and common area buildings and club facilities as well as a hierarchy of landscape setbacks, pedestrian areas, and connecting circulation systems for pedestrians, bicycles and carts. Development regulations for each planning area are presented in Section 3 - Zoning and Development Regulations. The Master Plan proposes 1400 units in Planning Area I and II dis- tributed within a gross area of approximately 44o acres. These buildings are arranged in config- urations which may include detached units, townhome styled units and/or stacked flats of two, four, and six units each. Additionally, a 12.7 acre neighborhood commercial area is being planned adjacent to the intersection of Madison Street and Avenue 58. The balance of the property is planned to be golf and open space use for the benefit of residents and their guests. Planning Area I is characterized by the club facilities, supporting parking circulation elements, and associated open space area_ This facility includes resident and guest serving recreation facil- ities and supporting uses for all residents and guests. Planning Area II is defined by Villa. Residential dwelling units of one and two stories with asso- ciated pools and open space area. These units are envisioned as attached and detached townhome "Casitas". Planning Area III is defined by various residential dwelling product types of one and two stories with associated pools and spas and associated open space areas. These units are envisioned as attached and detached single family units. Planning Area IV is defined by the golf and open space maintenance facilities. Planning Area V is defined by the Neighborhood Commercial site and its supporting parking and circulation elements. This site is envisioned to be developed as a pedestrian scale neighborhood serving a commercial area. Planning Area VI is defined by the two golf course areas and associated open space, also serving as which is the primary stormwater management and retention zone of the pian area. 2.8 Specific Plan 03-067 2,4,1 Land Use By Planning Area A detailed discussion of the proposed land use for the Specific Plan 03-067 and the resulting change in development intensity is presented for each of the six planning areas. The Existing Land Use Table illustrates a tabulation of existing land use, existing zoning, acreage and densities within each planning area. A range of land use categories are provided within the boundary of the Specific Plan 03-067, a range of land use categories are provided for. These include land use for the Golf and open space within the plan, various residential uses, a limited neighborhood serving commercial use and sup- porting ancillary facilities for proposed land uses. The plan area is broken into six distinct planning areas. Development and Zoning criteria responding to the environment within each planning area is presented for each use area. The diagram below delineates the limits of each Planning Area and their relationship to the amended Coral Mountain Pian boundary. 0 Golf Club & Recreation Amenities Residential Use ® Residential Use Golf Maintenance Building - Neighborhood Commercial ® Golf Course Avenue 58 Specific Pian 03-067 Avenue 60 2.9 Planning Area I Golf and Tennis Clubhouse Land Use Planning Area 1 is the intended site for the Specific Plan 03-067 Club facilities and is located in the central portion of the easterly half of the master plan area. Primary access to the Club facilities is provided from the main project entry point from Madison Street through a secure entry gate. Planning area 1 is approximately 10 acres and is delineated hereiii. CIubh FIGURE a .N" Club Pedestrian and cart access throughout the pian is provided on surface streets and other open space paths to facilitate alternative modes of transportation to and from residential areas and other local offsite areas such as the Commercial element of the plan at the intersoctiorn of Madison and Avenue 58. Club Facilities will include golf and tennis locker rooms, meeting rooms, indoor and outdoor, restaurants, lounge areas, kitchen and food preparation and support facilities, as well as five to ten tensiis courts, swimming pool, sauna, and spa amenities. 2.10 Specific Plan 03-067 PLANNING AREA I TABLE I PLANNING AREA I — EXISTING LAND USE Existing Land Use Description — Vacant Plat Terrain CiWE RAL PLANA AM USE ZONE ACMES LINM DPIN81x'Y LDR RL 10 VACANT SUBTOTALS I0 Fa: TABLE 2 PLANNING AREA I — PROPOSED LAND USE Proposed Land Use Description — Club Amenities G GC 10 SUBTOTALS 10 2.11 Specific Plan 03-057 Planning Area II Residential Land use Planning Area II is adjacent to the club facilities site with internal access to residential facilities from the club access road. Residential uses configured as attached and detached single, duplex, triplex and fourplex units are planned for the land area within Planning Area II. Unit count and distribution is described in the accompanying tables and graphics. Within Plarning Area II there are 71 units ---proposed on 16 acres of generally flat terrain. This mix of residential buildings and ancillary recreation arncnities results in a net density of five dwelling, units per acre. Rae( 2.12 Specific Plan 03-067 P LAN�TNING AREA II TABLE 3 PLANNING AREA 11— EXISTING LAND USE Existing Land Use Description —Vacant Fiat Terrain GENERAL PLANILAND USE ZONE ACUt ,S UNITS DENSITY LDR Rl, 16 -- SUBTOTALS 1b3 t TABLE 4 PLANNFNG AREA U — PROPOSED LAND USE Residential Use GENERAL PLAWLAND USF ZONE ACRES UMTS FAR LDR RlL ] f1 80 -- SUBTOTALS 16 80 2.13 Specific Plan 03-067 Planning Area III Residential Land Use Land use in Planning Area III is distributed generally within the entire project site with internal access to residential units provided from a main project loop road Both attached and detached single family units are plaited for the land area. within Planning Area III. Unit count and distribution is described in accompanying tables and graphics. Avenue 58 •�s- � :xar �` - Avenue 60 2 2.14 Specific Plan 03-067 PLANNING AREA III TABLE 5 PLANNING AREA HI - EXISTING LAND USE Existing Land Use Description - Vacant Flat Terrain LDR R[. SUBTOTALS — - TABLE 6 Avenue 58 t •• 3i s ., ., '. 04 ` :�l:�sY•r�r L ' i ; y IN � � M • 1 Avenue 60 It —,:K— M...00, PLANNING AREA III - PROPOSED LAND USE Proposed Land Use Description - Residential Use LDR RL 424.1 1320 3.1 SUBTOTALS 424.1 1320 3.1 Specific Plan 03-067 2.15 Planning Area IV Golf and Open Space Maintenance Facilities Land use in Planning Area IV is located on 3 acres adjacent to the intersection of Madison Street and Avenue 60 on the northeast corner of the intersection. Access to the site is provided from Avenue 60 as well as from the internal plan. A Site Development Permit shall be applied for prior to development of the Golf Maintenance Facility. 2.16 Specific Plan 03-067 PLANNING AREA IV TABLE 7 PLANNING AREA N - EXISTING LAND USE Existing Land Use Description - Vacant Flat Terrain LDR RL 3 VACANT SUBTOTALS 3 TABLE 8 PLANNING AREA IV - PROPOSED LAND USE Proposed Land Use Description - Golf Maintenance Facilities G GC 3 0 SUBTOTALS 3 a Specific Plan 03-067 2.17 Planning Area V Neighborhood Commercial Land Use Planning Area V is located at the intersection of Madison Street and Avenue 58, and is planned to be accessed from either arterial roadway adjacent to the two sites. Pedestrian and cart access from the internal area is also planned to facilitate alternative modes of transportation to and from the two sites. Planning Area V has a total of 12.7acres of Neighborhood Commercial development with access from either side of Madison street or the south side of Avenue 58. Acreage of the two adjacent commercial lots are not required to be precisely equal in square footage. Planning Area V encompasses 12.7 acres and is described in accompanying tables and graphics. 2.18 Specific Plan 03-057 PLANNING AREA V TABLE 9 PLANNING AREA V - EXISTING LAND USE Existing Land Use Description - Vacant Flat Terrain GLNERA . PL.AN.l AND USE ZONE ACRE'S i Nil's DENSITY LDR RL 10 VACANT SUBTOTALS 10 Avenue 58 Avenue 60 TABLE 10 PLANNING AREA V - PROPOSED LAND USE Proposed Land Use Description - Neighborhood Serving Commercial NC CN 12.7 0 SUBTOTALS 12.7 0 Specific Plan 03-067 x.19 Planning Area VI Residential (supporting) Land Use - Golf Course 1 Open Space Planning Area VI is distributed generally throughout the Plan Area and represents the majority of the project site acreage. The two 18 -hole championship golf courses will occupy approximately 477.3 acres, which is approximately 50% of the Specific Plan area. In addition to its function as a recreational facility, the golf course component will also provide a significant visual amenity within the Specific Plan area with the vast majority of residential units having frontage on and/or views of the golf courses. The conceptual layout for the golf courses is shown on the Master Plan Exhibit. Arencr. 58 s 01 AIIANCZ 60 Distribution of this land use is described in accompanying tables and graphics. An Employee parking lot is sited in the northeast corner of the project adjacent to Avenue 58 allowing employ- ee access to the site via internal circulation paths. 2.20 Specific Plan 03-067 PLANNING AREA VY TABLE 11 PLANNING AREA V1 - EXISTING LAND USE Existing Land Use Description - Vacant Flat Terrain LDR I f . VACANT SUBTOTALS Avenue 58 Avenue 60 TABLE 12 PLANNING AREA V1 - PROPOSED LAND USE Proposed Land Use Description Golf Course - O ac 468.2 SUBTOTALS 468.2 .0 Specific Plan 03-067 2.21 SUM14L4RY TOTALS TABLE 13 EXISTING LAND USE GFNERAL11LA\.L.kND L5E ZONE ACRES UNITS ( ROSS QEIssIT Y LDR RL 934 F SUBTOTALS Avenue 58 Avenue 60 TABLE 14 PROPOSED LAND USE LDR (PA II, PA III) RL 497 1400 2.8 D,U.'s/AC NC (PA V) CN 10 — — G (PA I, PA IV, and PA VI) (YC 427 — — SUBTOTALS 934 2.8 D.U.'s/AC 2.22 Specific Plan 03-067 2.5 CIRCULATION PLAN The proposed circulation system for the Specific Plan 03-067 addresses the requirements of the City of La Quinta General Plan Circulation Element by providing a hierarchy of vehicular traffic ways with pedestrian paths within the plan area. The Circulation Plan for the Specific Plan 03-067 utilizes existing circulation element roadways adjacent to and internal to the project area (Madison Street) to provide primary access to the Specific Plan area. These roadways include Avenue 60, Avenue 58, Avenue 62, Monroe Street and Madison Street. The internal circulation system of the amended plan for Coral Mountain will consist of a series of loop roads providing access to the individual residential and recreational components within the Specific Plan area. Cul-de-sac neighborhood streets/drives will utilize the internal loop spines in assuring a "private neighborhood feel". It is anticipated that the internal loop collector system will consist of private streets. The proposed circulation plan for the Specific Plan 03-067 is illustrated below and will consist of improvement of roadways surrounding the Specific Plan area, including 58th Street to the north, 60th Street to the south and Monroe to the east. The Specific Plan area is bisected by Madison Street, which, pursuant to the standards set forth in Specific Plan 218 approved in Riverside County has been improved as a 110' right of way. Similarly, 60th Street has been constructed as a ? street, including full median construction, as a 100' right of way. Except for the tie-in to Madison Street, it is anticipated that both Monroe Street and 58 Street will be constructed in accordance with the City of La Quinta General Plan Circulation Element Standards in conjunction with the development of an internal loop road system to serve development within the project. The proposed Circulation Plan for the Specific Plan 03-067 is illustrated below and will consist of improvement of the roadways surrounding the Specific Plan area to General Plan Circulation Element Standards and development of an internal loop road system to serve development within the project. � Neighborhood Drives Exhibit 5 Avenue 58 r No no on % Avenue 60 * f�c 1� 0 aft 00a-MUamI Specific Plan 03-067 2.23 Car[Cart Tunnel Primary Entry 5trondary En Service Entry Exhibit 5 Avenue 58 r No no on % Avenue 60 * f�c 1� 0 aft 00a-MUamI Specific Plan 03-067 2.23 Individual cluster access drives are proposed witli generous setbacks from the arrival boulevard and interior loop road to provide safe ingress and egress from individual residences. Within the Specific Plan area, the circulation system has been designed to accomplish the fol- lowing: • Provide for intemal private roadways that respond to the proposed development corridors while providing a safe route for project ingress and egress; ■ Provide for a private street with access to Madison Street; and to facilitate the internal network of planued private roadways to adequately serve residential areas and other amenities, 2.24 Specific Plan 03-067 The following road sections on pages 2.24b and 2.24c shall only apply to the West Tract. fi CMU MASONRY WALL r- 1 I wpm t .A i P DL--- 101- -Y 13,1 EX MEOVW13 'L LANDSCAPE MEANDERING ESL EX E}L EASEMENT MULTI -USE SHOULDER SHOULDER SIDEWALK TRAM Madison Street LANDSCRPE f0' _ LAN63CRPE 70NE 14'� 1M1' • P.U.E. _�.. ..jryE .. West Tract Entry Road 2,241b Specific Plan 03-067 �y 40 AA 4 � UW MiCAPEL 1P 2B VAAI 2' LRNDSCJlPE ZONE RUE ONE-WAY ZONE Divided Residential Access Road RESIDENTLAL AIL PRODUCT or LANDSCAPEZONE • 17 r 12' • P.U.E. • LANDSCAPE ZONE Neighborhood Street A (Typical) RESIDENTIAL PRODUCT 1 r �i LANDSCAPE ZONE17 17 RESiDEHTU�i I PRooucT _I P.U.E. LANDSCAPE ZONE Neighborhood Street B (Typical) 2,24c Specific Plan 03-067 2.5.1. Offsite Improvements • The offsite public streets surrounding the project are currently developed in accordance with La Quinta City Engineering and Public Works Department standards and will be constructed incrementally in accordance with the applicable General Pian designations. City-wide mass transit systems and stops are accessible along pehmeter public thorough fares. Perimeter landscape improvements shall be implemented along the project frontage. • The offsite trails system is consistent with the La Quinta General Plan multipurpose and Bridal Trails plan to allow safe access to the trail bead and staging area currently operational at the westerly terminus of Avenue 58 at Labe CahAla. 2.5.2 Onsite Improvements The following mitigation measures are recommended to reduce potential circulation impacts associated with the proposed project and shall be implemented in a phased manner in conjunction with adjacent planning area(s) requiring roadway improvements. Bus stops will be provided on Avenue 58 in the vicinity of the project service entry and along Avenue 60 in the vicinity of the Maintenance Building employee entry. • All internal divided roads will have a minimum pavement width of 20 feet (divided roads) per lane to accommodate minimum design criteria for fire equipment access. All other roads shall have a minimum pavement of. 28 feet (internal streets and drives). • Each subdivision shall comply with the on-site and off-site street improvement recommendations and mitigation measures as regWred by the City Engineer. • All sections shall be approved by the City of La Quinta Transportation Department. • All access points shall conform to appropriate street classification per City standards for access spacing. • Commercial uses shall be per the General Plan. Neighborhood commercial uses must be located along secondary or greater highways, or near intersections with secondary highways. • The offsite trails system is consistent with the La Quints General Plan multipurpose and Bridal Trails plan to allow safe access to the trail head and staging area currently operational at the westerly terminus of Avenue 58 at Lake Cahuilla. Specific Plan 03-067 2.25 Any landscaping within public road rights-of-way will require approval by the Corsa wxity Development Department and assurance of continuing maintenance through the establishment of a landscape maintenance district or similar mechanism as approved by the City. A No textured pavement accents will be allowed within City aright -of -ways. Image Corridor Standards for tete Specific Plan Area Development adjacent to the City of La Quinta General Planned Irnage Corridors located cn Monroe Street, Avenue 60, Madison Street and Avenue 58 shall be restricted to a height ]imitation of 22' from pad grade within a setback distance of 150' froin the Right -of -Way. Rear and side yard setbacks for lots adjacent to the Image Corridors shall be expanded to a minimum of 25' per La Quinta Municipal Zoning Code Section 9.50.020. 2.26 Specific Plan 03-467 2.6 MASTER PLAN SUPPORTING ELEMENTS Open Space, Recreation, and Infrastructure Plans and Concepts Within the Specific Plan 03-067, the Open Space, Recreation and Infrastructure Plan identifies and establishes the plan policy relative to the management of open space and recreation ameni- ties within the plan area boundary as well as delineates infrastructure supporting the plan area. The purpose of this plan is to establish development policies and a philosophy which identifies resources and facility sites in the plan area, which shall be managed to prevent waste, destruction, or abuse of natural or man made amenities or resources. PROJECT SETTING The 934 acre project area is within the City of La Quinta, a 51 square mile municipality located in the southwestern portion of the Coachella Valley. The City, which was incorporated in 1982, is bounded on the west by the City of Indian Wells, on the east by the City of Indio and Riverside County, on the north by Riverside County, and Federal and County lands to the south. The fifth amendment to the Specific Plan project site is generally defined by Avenue 58 along the Northerly boundary, Monroe Street to the East, Avenue 60 to the South, and to the West vacant land and portions of the flood control dike. 2.6.1 Open Space and Recreation The Specific Plan 03-067 Master plan utilizes open space and recreation as a fundamental concept for the development. Extensive recreational amenities have been incorporated into the design of the project to serve future residents. The primary recreational component of the development will be the two 18 -hole championship golf courses. In addition to its function as a recreational facili- ty, the golf course component will also provide a visual amenity within the Specific Plan area with a significant number of residential units having frontage on and/or views of the golf courses. Individual developments within the Specific Plan area may have additional recreational amenities including termis and swimming facilities to augment the recreation base of the community. The conceptual layout for the golf courses and private club facilities are illustrated on the master Plan graphic. Specific Plan 03-467 2.27 2.6.2 Infrastructure and Utilities PIan The infrastructure system planned to serve the Specific Plan 03-067 project described below will be designed to provide a coordinated system of infrastructure and public services to adequately serve the plan area at full buildout. Standards for infrastructure and public services relative to land use intensity envisioned for the plan area will be served by the following utilities; • Sewer - Coachella Valley Water District (CVWD) • Water - Coachella Valley Water District (CVWD) • Electricity - Imperial Irrigation District (fiD) • Gas - Southern California Gas Company 2.6.3 Water and Sewer Plan The intent of the Specific Plaza 03-067 is to utilize existing water and sewer facilities where pos- sible, and to provide additional or upgraded facilities as necessary. Water and sewer service for the Specific Plan area is provided by the Coachella Valley Water District (CVWD). The CVWD provides dozmstic water from wells. Agricultural water used for irrigation is a surface water source. An underground irrigation distribution system providing water to the valley, traverses the western portion of the Specific Plan 03-067 property from the northwest to the southwest. The Specific Plan 03-067 will eonforrn to the requirements of the CVWD's current and future pro- grams and requirements pertaining to water management and conservation. Sewer Service The Specific Plan area would be served by a series of standard sewer lines and laterals linking to existing 18" force mains located in Avenue 60 and Madison Street. Purnping facilities would be located as necessary within the Specific Plan area to transport sewage to the existing trunk tines. The CVWD hes indicated its ability to provide sewer service to the Specific Plan. area. Domestic Water Service Domestic water would be distributed to individual residential units by standard water lines to be located within road rights-of-way. New water lines would meed to be installed in conjunction with road improvements to serve the proposed Specific Pian 03-067 development. The developer will be required to construct domestic water lines, transmission mains and reservoir sites to accom- modate the water demands for this project. CVWD will require a well site for each 70 acres of developed land. The location of such well sites will be subject to CVWD approval. 2128 Specific Plan 03-067 Irrigation Water The sources for irrigation water for the golf courses and other landscape features within the Specific Plan area will be provided by reclaimed or canal water. These waters will be stored in lakes and ponds located throughout the golf courses. The existing underground irrigation distri- bution system traversing the Specific Plan area is not anticipated to be disturbed in conjunction with Specific Plan implementation. The golf courses have been routed over this irrigation line to ensure that no residential units would be constructed on top of the underground line. Grading of the golf course will be. coordinated with CV -WD in relation to the alignment of the existing or relocated lines. CVWD reserves the right to review and approve any activity occurring within any existing irrigation right-of-way within the Specific flan area- 2.6.4 rea 2.6.4 Electricity All overhead public utility transmission lines for cable television, electricity and telephone are routed or currently scheduled for installation in the vicinity of the perimeter of the Specific Plan site. The developer will be required by IID to install to District standards. All permanent power and telecommunications distribution lines internal to the project, will be required to install those facilities underground per the District guidelines where possible. 2.6.5 Natural Gas All natural gas transmission. Facilities are routed or currently scheduled for installation in the vicinity of the perimeter of the Specific Plan site. The developer will be required by Southern California Gas Company (the Gas Company) to install to the Gas Company standards. All per- manent distribution lines internal to the project will be installed per the District guidelines. 2.6.6 Telephone Land-based telephone services are provided by General Telephone Company in the project area and will extend lines to the site as needed. Local cellular service is provided for that area. 2.6.7 Refuse Collection Refuse collection within the City lirvits is provided by an entity franchised by the City of La Quints and occurs in accordance with a schedule established by the franchisee and the City, It is envisioned that unit areas of the plan will be served by extension of the contract refuse collection services currently in place with the City. Prior to regularly scheduled pickup and removal, refuse will be contained in a maintained surface birr environment to ensure recycling of waste materials as appropriate and required . Specific Plan 03-067 2.29 2.6.8 School Service School service in the vicinity of the Specific Plan area is provided by the Coachella valley Unified School District (CVUSD). It is not anticipated that significant numbers of students will be generated by the Specific Plan due to the anticipated family characteristics of potential pur- chasers of residential units. The applicant will contribute school fees in accordance with the requirements of the CVUSD. 2,6.9 Lav Enforcement In general, police protection for the Specific Plan area will be provided by the County of Riverside Sheriffs Department. Police protection provided'by the Sheriffs Department will be augmented by security facilities to be incorporated into the Specific flan. In general, it is antici- pated that the entire Specific Plan area will be a gate -guarded community with its own private security force. Primary and secondary entrances to these residential development areas will be protected by either a guard -gated entry or by card -gated entry. The presence of such security wiU reduce the dependence of the development on complete prot�ctlon by the Riverside County Sheriffs Department and other City of La Quinta security personnel. In addition, it is anticipated that many of the residences within the Specific Plan area will have their own individual private security systems. This pattern has been typical of other similar developments by the developer. 2.6.10 Fire Protection Fire protection within the specific plan area will be provided by the Riverside County Fire Department. In conjunction with their PGA West development, the developer constructed a new fire station on the FGA West property at Madison Street and Avenue 54 (the "PGA Station"). It is anticipated that fire protection service to the specific plan area will be provided from the PGA Station. 542 acres of the 987 acre plan area was originally entitled for 2,198 developable units. Since originally approved, development of both the PGA West development and the Coral Mountain specific plan areas have experienced a significant reduction in overall project densities. As a result, the PGA Station should be more than sufficient to service the requirements of this plan area. 2.6.11 Library Facilities The City is served by a public library which is administered by the Riverside County Library System located within 6 miles of the project boundary. 2.30 Specific Plan. 03-067 2.7 ANDALUSIA (EAST TRACT This section provides design guidelines and standards that apply to the Coral Mountain Specific Plan area east of Madison Street. The general guidelines presented herein are an extension of Coral Mountian Specific Plan Amendment I Design Guidelines and in many cases paraphrase the prior approval document where applicable. Many of the guidelines and standards, though applicable throughout the project, only apply in cer- tain situations or in conjunction with certain uses and/or building types. Those guidelines that have no specific call -out or geographic reference point can be assumed to apply uniformly throughout the project site. It should be noted that these design guidelines and standards do not replace or reduce applicable subdivision requirements of the City of La Quinta and/or as modi- fied by the adopted Coral Mountain Specific Plan Amendment I. The following major topic areas are incorporated in this section: The Overall Community Themes, Commercial and Ancillary Buildings and Sites, Club Facilities, Residential Buildings, and Grading Guidelines and Standards. Specific Plan 03-067 Community Theme The Specific Plan 03-067 Master Plan will rely on the Rancho La Quinta project as a baseline for architectural and landscape architectural standards. These design guidelines will assist the devel- oper of the Specific Plan 03-067 project to execute a built environment that incorporates the fol- lowing main concepts: • Develop a community that is visually attractive and captures the essence of the surroundings. • Incorporate a variety of open space and recreational uses (active and passive). • Design a planned community that complements existing development in the surrounding area and is compatible with the surrounding environment. • Establish densities that are consistent with development patterns of surrounding areas_ • Recognize the unique nature of Coral Mountain as a community within a community that meets the living and recreational needs of future residents of the City of La Quinta. • Develop high quality golf courses to create a strong community identity and long-term value. The design guidelines contained in this subsection are intended to establish a consistent design approach among site planning, engineering, architecture, and landscape architectural components while allowing flexibility in design over the build -out of the community. Specific Plan 03-067 2.31 The design guidelines for Specific Plan 03-067 are intended to: • Assist in implementing the design intent of the Specific Plan by establishing project design compatibility among different residential densities and land uses; • Provide a consistent approach to site planning and the design of buildings, streets, signage, walls and fences, lighting, landscaping, and other design elements that will endure for the life of the community. The guidelines provided herein suggest themes compatible with Spanish Colonial "character" but are not intended to limit expressions of varying architectural styles. The design guidelines pre- sented herein establish the framework to achieve harmony and compatibility between residential neighborhoods while stili providing flexibility that allows for a variety of architectural expression and interpretation. Examples of the design theme are illustrated throughout #his document, These examples are meant to convey general design concepts and are not intended to limit the range of expression among individual builders and their professional design teams. The guidelines are provided for the benefit of merchant builders, their planners/ designers, and City of La Quinta staff and decision-making bodies in the review of future Specific Plan 03-067 site development proposals. As such, the design guidelines identify elements for all residential and other land use proposals within the Specific Plan 03-467 area. These guidelines may be incorporated into subsequent site development permits, conditional use permits, and subdivision maps submitted to the City for approval unless it is demonstrated that certain guidelines are not applicable, appropriate, or feasible under site -speck circumstances. ?.32 Specific Pian 03-067 2.7.1 The SpecMe Plan 03-067 Community Image The extensive open spar..- elemew provided ay the golf Wurses together wig the proposed Specific Plan 03-067 landscape perimeter provides an image of privacy and lushness for the commut€ity. The master landscape plan makes smwt€sres on the interior of the project unabtru- sive and at the same time, flames the views from fhese structures to surrounding greenbelts, the golf course and moasnWn vistrm. The use of Date Palm, Citrus, and ether desert tree species pro - gide the main laridscape framework for Specific Plan 03-067. A full list of recomrsended plant material is provided in the Rtcotcmended PlanE NUterial. Palette i., Section 2.3. 2.7.2 Commercial A.rchiteaumi and Site Gaidelines The Commercial architectural theme for Specific Plan 03-067 may include Spanisk Tuscan, Andalusion and other oxnpatible "desert architecture" styles. Color in Cormmerchd Architecinre The existing Coral Mountain architectsual theme is based on whitewashed stucco over adobe bricks using an earth tone color palette. This color motif is completed with a simplistic color schemes, a variety of roof tones and textures, and complementary window moldings and amhj- tectiaral detailing. The predominant color of all sees shall be limited to the specu= of white, cream, tats, sand, light brown, mauve and similar earth tonnes. Colors outside of this spectrum shall be, I mited to single aoceni elements. In order to achieve the variety of arclutec#mfl expression envisioned for the residential cOmPmeffts Of the Specific flan. 03-067 pmject, a variety of materials and colors shall be used to create a nch tapestry of design elements. Specific Plan 03-057 2.33 • A range of muted color tones shall be used throughout the development within Specific Plan 03-067. Materials in Commercial Architecture Roof materials shall include clay barrel tile, flat concrete tile, and concrete shakes. The color of roofs shall provide a range of deep earth tones, The color of roof materials shall be varied to reflect the existing surrounding architectural theme. All roofing material shall be fire retardant. • The predominant exterior building material shall be smooth finish stucco in keeping with the Specific flan. 03-067 arcaectural vernacular. �t •/ 1 S• ,, ' Y ' 11:7ft� Wood, tila and wrought iron shall be appropriately incorporated as accent materials and he consistant with the architectural style. 2.34 Specific Plan 03067 Commercial Area Site Planning Appropriate site planning guidelines as discussed below shall be used to ensure functional and aesthetic development within Specific Plan 03-067's Neighborhood Commercial center. The guidelines are intended to be flexible and not all guidelines are applicable in all situations. Reasonable application of guidelines in order to achieve a high quality consistency in design theme within the adjacent architectural context will be necessary. Mkil —I- '�.a -�.— .ta-ks`,✓. � f'•X't��r�arrr-.�•�'ir ��s+�:��ai��d`v� 1 ,`. titiJ'-^� � . ... -- - .�a�+catr�t�•-r•1.r`fr� s..+ii Vii' + M1 w.L - 'v . -•ivY . • il'L.� iif?�y�r YX I-�-/n 'J. 7 h �F• 1 i� �iF%:�c.1C271T7f:1•ih.C�l-"��Ff�`�-,'+Y?AY �SCf'J•-.X7S�=�J•.M•"'4b�+S�L'-- •h 1. •ti 31�)�tt `, l`�'•f�.••�:. �::�.--'"'.Y.x��1,."�r lrs�.X.,�. �1•y, ,cam ! 4' ` i:t S^` e t .r f I y +pE •� !�•'�++f f ' r .. 41 .. � ' i'J �� 1 } 1 � '• y �7\ � hti�!!'n;�,a�•� � u �r�j�rl�i•�,. a J�,f�, d Site planning parameters shall conform to the criteria set fourth. • ,Flexibility in interpretation is to be implemented in site design to achieve individual expression. Building Massing and kale in Commercial Architecture The character of the commercial development areas shall reflect a neighborhood scale so that building massing does not overwhelm the street scene. The site shall be, wherever possible, low- rise in nature to create a pleasant pedestrian scale environment. Specific Plan 03-067 2.35 Building; wall planes, particolarly on the front elevation, shall be offset to create interest along the street, to provide a desirable pedestrian scale, and avoid visual monotony. • Single -story plate lines are encouraged on the front elevation. Second -story wall planes shall be offset to effectively break up the building mass and reduce the perceived building scale as viewed from the street. Single-story plate lines with second -story wall setbacks are encouraged on side and rear elevations. • Side elevations shall provide the same leve] of articulation and detail as the front elevations • Articulated roofscapes shall be created through the use of a variety of roof foims. • Repetitious gable ends along front and rear elevations shall be minimized. 2.36 Specific PIan D3-067 2.7.3 The Specific Plan 43-067 Golf and Countiy Club Facilities A Clubhouse complex at the center of the Specific flan 03-067 master pian will function as the social center and focal point of the community. This complex is comprised of. • A clubhouse providing dining, loutige and social activity facilities club, and sport facility pro shops, locker rooms, lounges and golf cart storage for its championship golf courses and supporting circulation facilities for operations of those facilities. Circulation facilities for golf and clubhouse operations A Swim and Tennis Club featwing a pro shop, locker rooms and a restaurant/lounge area is envisioned for Specific Plan 03-067. The Swim and Tends Club is sited within a garden setting overlooking the courts, pools, and spas. • A Spa of approximately 6,000 Sp' containing several treatment rooms, a steam zoom, a salon, and retail is envisioned for Specific Plan 03-067. A t _ A, `�- _ .. 'r!r/ � syr � �� 4� �• ." ., Club Facility Site Planning Guidelines The site design and planning of the Specific flan 03-067 club facility areas such as the Golf and Tennis Club will incorporate elements that respond to the desert crate in the same mariner as the residential components of the plan. Elements include generous patios, spacious courtyards, arcades, plazas, and paseos. Other plawting guidelines for commercial, golf and country club facilities are listed below. Specific Plan 03-067 2.37 CI t 71< Club Main buildings shall be, wherever possible, sited in landmark locations and be easily accessible and convenient. Service areas shall be, wherever possible, sited in low -visibility areas and effectively Screened by utilizing building elements and/or landscaping. • Pedestrian access routes between adjacent uses shall be, wherever possible, incorporated into the site design. Pedestrian spaces shall be, wherever possible, provided by creating plazas, courtyards, and promenades that link use areas. Parking shall be, wherever possible, oriented to permit pedestrian flow to club facilities. Pedestrian courts are encouraged, especially to accent open area access points or primary vehicular entries and drop-offs. ' .e 2.36 • The use of landscape areas and green space to separate rustornor traffic from commercial and service traffic is encouraged. Shared use of service areas, parking, access, etc., shall be integrated into the design wherever possible. Specific Plan 03-057 • hoof equipment shall be architecturally screened where feasible. Pedestrian access to adjacent uses shall be provided where feasible . Club Facility Design Criteria Wall Planes, Windows, and Doors • The use of wood frame windows scaled to the interior space is encouraged Frames shall be, wherever possible, painted or appropriately colored to match the club facility. The use of wood trim is encouraged on all elevations visible from a private or quasi -public spaces. Trim shall be compatible with the bUding's architecture and color. The style of windows small be compatible with the architectural style of the building. The use of many different window styles and or shapeson one building plane shall be avoided. The size and proportion of panes shall be in scale to the overall wall plane. Accent windows that have a different or atiicuIa.ted shape or utilize multi -panes shall be used to create interest on building elevations as long as they are consistent with the style of the building. Entries • The club entry shall be a focal point of the building's front elevation through the appropriate use of massing, building of'f'sets, varied roof elements, columns, porticos, recesses or projections, accent windows or other architectural features. I Specific flan 03-067 2.39 Porches, Balconies, and Raifings • Porches shall be incorporated to the greatest extent possible. • Porches and balconies fimetion as an extension of interior spaces to provide visual interest, shadow, texture and shade. • Second story balconies are encouraged to provide visual interest. • Porches and balconies shall be designed as an integral component of the building's architecture and style, and shall not appear as a poorly conceived add-on element. • The design of porch and balcony railiugs shall complement the building's architec- ture rchite -ture and style. Columns • Columns used as a structural or aesthetic design element shall convey a solid And durable image, and shall be consistent with the architectural style of the club facility building. 2.40 Specific Plan 03-067 • Columns may be used as free-standing form, or as supports for roofs and balconies. Chimneys Chimneys, particularly chimney caps, shall be simple in design, so as not to distract from the building. The design of chimneys shall be compatible with the architectural style of the building. Exposed metal flues are not permitted. Exterior Stairs • Exterior stairways shall be simple bold elements which complement the architectural massing and form of the building. ; F? r.. f Archways a, • The use of archways shall be compatible with the architectural style of the building, and designed as a complementary component of the building or adjacent courtyard. Specific Plan 03.067 2.51 ar.M -o e 77 lie ZZ. t f Yr so • When used, archways shall define or onframe space, such as entries, porticos, patios, courtyards, and parking elements. WaM and Fences • Walls and fences which are visible from streets, open space, or other private or quasi -public areas, shall be compatible in material, color, and design with adjacent and/or existing architectural elements. Building Details • All mechanical equipment shall be screened from view by walls or fences that are compatible with the building architecture, or by adequately sized plant material. • All utility meters are to be integrated into the architecture and screened from view. • The materials, colors, and forms of garage structures shall be consistent with the architectural style of the club facility neighborhood in which they are located. • Building designs that incorporate trellises and other shade structures are encouraged. • Accessory structures shall be designed to be consistent with the architecture of the adjacent club facility buildings. 2.42 Specific Plan 03-067 Club Facility Site Planning Criteria Club facility areas are to maintain a pedestrian friendly environment through the use of appropriately proportioned architectural and landscape elements. Street furnishings that add to the festive and pedestrian atmosphere surrounding the club shall be encouraged. Clubhoulpe •� 4 `• •� k 41 % Tennis Club e •..91. 1 i • Group functions and uses are encouraged at plaza spaces and recreation amenities to promote a lively pedestrian environment. • Arcades provide a pedestrian scale to buildings and pleasant shade cover, particularly when used on south and west facades. • Special areas such as paseos, plazas, and courtyards shall be created to further enhance the pedestrian environment. • Lighting fixtures shall be small in scale and consistent with the character and use of exterior areas. • Appropriately spaced benches and seating areas are to be provided for pedestrian comfort. • Flags or banners shall be made of durable cloth material and flown from vertical free- standing poles or incorporated into the design of street lighting and building architecture through the use of cantilevered poles. Club Facility Parking Parking (on -street and off-street) shall be designed to minimize the visual impact of parking Areas. 2.43 Specific Plan 03-067 Off-street surface parking shall be screened from view through the use of plant material or low walls that are consistent with the architectural style. .o CZubhoil e Tennis Club Landscape treatments shall be used at surface parking areas to provide shade and mirni- mize the visibility of parking areas. • Parking areas shall provide clearly defined pedestrian circulation, • Trash enclosures, loading docks, rubbish bins, transformers, satellite antennas, processing equipment, and any other unsightly apparatuses must be screened from view through the use of landscape or architectural elements that are compatible with the building architec- ture in material, color and design. Club Facility Massing and Scale Offset wall planes shall be used as an integral part of the building design to provide visual artic- ulation. • Building offsets shall be used to indicate building entries and pedestrian nodes. • Offset or angled building corners shall be used to provide subtle articulation. The Clubhouse building massing shall consist of a mix of building heights along with the use of focal vertical elements. Projections, overhangs and recesses shall be used to provide shadow, articulation, and scale to building elevations. 2.44 Specific Plan 03-067 r: The extensive use of bright vibrant colors is discouraged except on limited accent and/or focal elements, The calor of roofs should provide a range of tones compatible with regional Spanish traditions. All roof7ng material shall be fire retardant, 2.7.4 Residential Site planning Guidelines The climate in La Quinta is characterized by sunny and hot weather in the summer and relatively mild winters that feature excellent air clarity. The design of residences shall incorporate elements which respond to these conditions, such as patios, courtyards, arcades, plazas, and passageways. In addition, extended roof overhangs shall be used to provide shade. Other residential site consid- erations include the following: The placement of structures should consider prevalent environmental conditions including sun orientation, prevailing winds and desired views. • Orientation of residential development edges should mwdrnize view potential and access to natural open areas and recreation areas. Open space "fingers" should extend into resi- dential areas where possible. • Varying house configurations on corner lots is encouraged to promote variety in the street scene and preserve sightlines of drivers at intersections. • A combination of side -entering and front -entering garages and varied driveway locations are encouraged to breakup repetitive curb cuts and yard patterns. • Cu] -de -sacs are encouraged to improve neighborhood safety and character. 2.416 Specific Plan 03-067 • Guest parking shall be, wherever possible, located to provide easy access to units. • Four-way intersections within individual neighborhoods are discouraged. • Neighborhoods bordering open areas shall be, wherever possible, sited to maximize views of the Specific Plan 03-067 course amenities, while discouraging through access. • Recreation areas/greenbelt features shall be, wherever possible, visible upon entry to neighborhoods to enhance neighborhood value. • Individual multi -family buildings shalt be, wherever possible, separated sufficiently to provide a green space image and accor=odate walks and other circulation elements. A. Residential A.Irchitecnral Design Criteria Wall Planes, Windows, and Doors • The use of desert heat withstanding windows is encouraged, if aluminum or vinyl frame windows are used, the frames must be painted or appropriately colored to complement the building and/or trim material. Specific Plan 03-067 2.47 The use of rmultipane windows is encouraged for front elevations which are visible from other private or quasi -public spaces. Trim may be painted to complement the building architecture and color. The style of windows shall be compatible with the architectural style of the building. The use of many different styles of windows on one building plane shall be avoided. The size and proportion of panes shall correspond to the overall proportioning of the elevation. Accent windows that have a different or articulated shape or utilize multi -panes shall be used as an accent element to create interest on building elevations. Windows are to be consistent with the regional Spanish style. Entries • The entry of residential dwelling units shall be articulated as a focal point of the building's front elevation through the appropriate use of roof elements, columns, porticos, recesses or projections, windows or other architectural features. • Sufficient stacking distances at project entries shall be, wherever possible, provided. Porches, Balconies, and Railings • Front porches shall be designed, where feasible, as an integral part of buldings to provide visual interest, as well as to promote social interaction among community residents by providing outdoor living spaces oriented to the front of the dwelling unit, • Incorporate porches and balconies to function as extensions of interior spaces, to provide shaded outdoor living spaces. 2.48 Specific Flan 03-067 • Porches and balconies shall be designed as an integral component of the building and not as a poorly conceived add-on element. • The design of porch and balcony railings shall complement the building's architecture and style. • Second story balconies are encouraged to provide visual interest. Columns • Columns used as a structural or aesthetic design element shall convey a solid and durable image, and shall be consistent with the architectural style of the building. • Colwnns may be used as a free-standing form, or as support for roofs and balconies. Chimneys • Chimneys, particularly chimney caps, shall be simple in design, so as not to distract from the building. • The design of chimneys shall be compatible with the architectural style of the building. Exposed metal flues are not permitted. Specific Plan 03-067 2.49 ;tib• ,'r��'_,�'��s '1h • Porches and balconies shall be designed as an integral component of the building and not as a poorly conceived add-on element. • The design of porch and balcony railings shall complement the building's architecture and style. • Second story balconies are encouraged to provide visual interest. Columns • Columns used as a structural or aesthetic design element shall convey a solid and durable image, and shall be consistent with the architectural style of the building. • Colwnns may be used as a free-standing form, or as support for roofs and balconies. Chimneys • Chimneys, particularly chimney caps, shall be simple in design, so as not to distract from the building. • The design of chimneys shall be compatible with the architectural style of the building. Exposed metal flues are not permitted. Specific Plan 03-067 2.49 Garage t➢oors Garai dnoTs shall be compatible with the architDo ral style of Ow residmce and incorporate design details. that n inutim tho irnpoor of large flat surfaces ids the Sir t. It is encouraged that twD single doers shall be t6lized for some two -car games, while thrcx-rr garages may incorporate a dole door Mn'th s smSle door or three single dms. Where three -car Sarages are propo , at lust cmc garage ontmnce shall be met or detached from the eiauaini entnm=. Exterior Stai m - Exterior stairways shall be simplc bold elements which mrnpiement thu architocfial masmng and form of the rmj&w=. Archways The use of arcbways must bc: compatible with the arcNtoaw`al style of the btu!ding, and shall be de ignr�d as an coraglirrientacy the, building or adjacent courtyard, • hen used, ai&%ays shall define outdoorspam, such as entries, portico, patic,s, xW c.ouMwda. NValls and Fetes Ws Md fetes which are visible ftm gCteets, Open spaoc, or other private or gwsl-public ams, shall be compakble in material color, and dcsip with adjacent architectural elements. �I�Rf G►{ �� if'�a's i'1F�rYrr �aagra �rxrr� �� 4�f� ��rarr far F rc�Siti It PONY WALL WIVELCOWn"A wROuF#7' fk&x FF-rJGfeirG 2,-50 Specific plan OM67 PONY WALL WIVELCOWn"A wROuF#7' fk&x FF-rJGfeirG 2,-50 Specific plan OM67 16"$ Pil,cX`rr W11Cap iP D.C. W 4H a Slee cee Fini rl, —f ,!:NU Wall W1Rv,1hdec4 More^r Cap,. W4rfr Si!"e4o Finis! 501-10 LOW WALL Building Details • All mechanical equipment shall be screened from view by walls or fences compatible with the building architecture, or by plant material adequate in size to provide proper screening. • The materials, colors, and forms of carport structures shall be consistent with the architectural style of the neighborhoods in which they are located. • Accessory structures shall be consistent with the architectural style of the adjacent buildings. • All flashing, sheet metal, and vents shall be, wherever possible, painted or screened from view in a manner which is compatible with the building architecture. Common Space Elements • All residential areas shall have fully enclosed trash enclosures, which are compatible in material, color and design with the building architecture. Support facilities such as recreation buildings, permanent leasing offices, mail stations, etc., shall be designed in the same architectural style, and to the same level of detail and articulation, as the main buildings they support. B. Residential Site Planning Criteria. Single -Family Detached The following concept shall be incorporated into the design of single-family detached neighbor- hoods: - The, street layout within residential rteighborhoods shall provide view corridors to the pedestrian pathways, open space, and landscape elements, thereby unifying pedestrian circulation and site landmarks, where feasible. • The use of parkways or greenbelt gardens connecting the residential courts is encouraged in the design of neighborhood streetscapes. Specific Plan 03-067 2.51 I hsroi L.c++dscRpe P ,area • Residential dwelling units shall be sited to maximize view opportunities of the mountains in the La Quinta. region where feasible. • Where two-story units are located adj acerxt to one another, the side second story of at least one unit shall be stepped back, where feasible, to create a single -story plate line along the common side yard. • The location of dwelling units may include a random mix of front entry and side entry garages, along with a motor court concept, where feasible, to provide variety to the street scene. Singie4akmily Attached The general site planning concepts established for the single,-fumily detached neighborhoods also apply to the single-family attached neighborhoods. In addition the following concept shall be incorporated into the design of single-family attached neighborhoods: • Neighborhood entry roadways shall focus on an amenity or a community open space feature or landmark, where feasible. • The street layout within residential neighborhoods shall provide view corridors to the open space and other special community features and landmarks, where feasible. In addition, the view corridors should also provide physical access to these community features, where feasible. The design of streets shall be pedestrian oriented. The use of parkways is encouraged in the design of neighborhood streetscapes, where feasible. IF, WAH seek"It—Ir Projr[L Sf9h,y/ .�•t�� $trlr� rr[[S R 1�� /r iswrf/r SFr//h Prrin.rt[r 'r4,FM[ T�' '%�?'4 �llnderrfery7lww,iin1 "'-257' WZt S&- 6b"k 2.52 Specific Plan 03067 2.7.5 Grading Design Standards and Guidelines Tho following Guidelines are provided to give general direction to grading design. The primary focus of these Guidelines is to minimize the visual impact of grading by shaping the landform to reflect a more natural topography. The existing relatively flat character of theSpecific Plan 03-067 site will require a carefully thoughtout grading design to signi5cantly alter the natural Jandform to create drama and visual excitement These Guidelines are intended to outline approaches to landform alterations which accomplish this drama and yet sensitively blend graded areas with the adjacent topographic conditions. Since the majority of Coral Mountain property is generally without significant contour or grade, it is anticipated that landform alteration associated with the development will be substantial in order to achieve the development goal of the creation of unique and dramatic landform within, the golf course, residential, and open space Area of the plan. Grading Concepts and Standards Landform alteration proposed as a part of construction within the project site boundary is subject to review and approval by the developer as part of the plan review procedures. Such review shall include, but not be limited to, the following criteria: Manufactured slopes should be varied in cross-section and along the slope length that utilize var- ied gradients. Manufactured landforms at development edges shall be recontoured to a transition to their exist- ing grade. The toe and crest of any manufactured slope in excess of ten feet (10') in height shall be rounded with vertical curves to to create natural, nonabrupt grade changes, All graded slopes shall be revegetated and irrigated in accordance with the landscape architectural and resource management standards outlined in these Guidelines, and as approved by the developer. Where residential access across drainage courses occurs it shall be accomplished by a bridge or aesthetically enhanced culvert. Where these improvements occur, natural materials may be used for slope bank protection. Berms, channels, swales, etc., shall be graded in such a way as to be an integral part of the grad- ed and/or paved surface, and shall be designed with smooth vertical transitions between changes in slope. Grading and Drainage Plans must be prepared under the direction of a licensed Civil Engineer, Specifie Plan 03-067 2.53 At the time of submittal of the Specific Plan 03-067, it is anticipated that the Specific Plan area encompassed in the Specific Plan 03-067 will be developed in five, two-year phases beginning in 2003 and continuing until 2013 as illustrated on the Development Phasing Plan herein. The types of development and the residential product offering occurring within each of the devel- opment phases may vary depending upon market conditions. Public facilities will, however, be provided concurrently with development requiring facilities and infrastructure for support. Avenue 58 WEST HALF Avenue 60 EAST HALF The Specific Plan is expected to be developed in five two-year phases beginning with: Phase I in the southeast half of the Specific Plan area with the construction of the first of two golf courses; Phase H will entail development of various residential tracts adjacent to the golf element of Phase I; Phase III, will entail development of residential products adjacent to the clubhouse and recreation amenities element of the master plan and the commercial center on the North East corner of Madison & Avenue 59. Phase 1V will consist of the construction of the second golf course and associated supporting facilities; Phase V will entail development of various residential tracts adjacent to the golf element of Phase N and the commercial center on the North West corner of Madison and Avenue 58. Public facilities and improvements will be provided and phased in accordance with the require- ments of the City of La Quinta and the County of Riverside when applicable. Transportation, drainage, water and sewer improvements will be provided as described in this Specific Plan. 2.54 Specific Plan 03-067 2.7.7 Andalusia (East Tract) Plant Material Palette The thecae of the landscape orohitecture at the Specific Plan 43-467 project is to cvw;� a lush desert oharactu of' -visual variety and texture] interest while, complying with water conserving teohnioe,s based oa pleurt selection and technico irrigation system design. Contiswkt with this goal, use of drought tolemnt plant material is a primary wnsi&ration in the fevd.opment of the plant paiette to farther aid in the aonaerva6on of water while promoting this lush de sat theme in the prevailing landscape image. To provide ggidaucf. to the builders and designefs of future projects wk in tate Spccifie Platt 03- 067 projeot the plant material palette suggested gives giid&moe to builders and dmelopers with- in the project Species in addition to those Iisted are to be considered in order to provide diver- sity; hovrever, the plant material in the list provided are relatively sucoessM in the unique soil and climactic conditions of project site. PLANT PALE, TTJ. lweli SHRUBS: Acncia salichla Weeping Wattlr, Acacia 59igna Blue LeeWaWe Apia small; Dosart Sweet Acacia A+ckcia atcaophylla ShDartdng Acacia Arachyakitoe populneus Bottlo Ree Comidium fkcid am Blue Palo Verde Cercidium hybrid D asert museum Cercidium prmecox sonosan pejo Verde Chamempskumitis Mad_ Fim Palm cwiopsiR Tinamp Desert Willow Citrus Speckm citrus Lupranus samparvhvi)9 itsliamcypres5 Fraxlnus Uiralcj `bUjCtAo BOBuiy I UArmgrcen As h Gti;eru p"fiora Angiral inn Rrllow Lagarstraemia Sodim Crape Tiny rtle Lysi tarns nii=phylla var thornbard feather Rush Oloa europaea Olive alneya'rawta Dasa t Ironwood parinWOn.ia wuleata mexima Palo Verde Phoenix dactylifera Date Palm Pittus etderica Afghan Pirie Pinus Wepeesis Aleppo rine Frmopis Chilensis Chilean Mesquite Rhus Ian= 4f can 5uamaz Sewflus Terablrall folius Brazil ion Pepper Ree Theve� a pemviana Yellow oletrder iJimus par ACOHa Elm wwfiingkknia filifera California Pao Palm Waahingtanm r6us?a Mexican Fact Palm Caemhirda pulcharr rna RedSi rd of Paradise Carissa gvandiflora Natal Plum Casai a ttemophilla Desert Cassia Dietes vaget9 Fortnight Uly Specific Plan 03067 2.55 Dodowwa vzscosa CTf= Hnpaeed .Bosh H,emerccallis hybrid DayMy Hettrovielm arbutifaha Tayan Hibt us apecaes Hibiseus Tua lcia califomiea Cllupatasa Leucophylium $ptcie9 Texas Rater Myrnss cammuuss `Compacta' Carnpact Myrtle N"dl na dometstica Heavenly Bamboo Phobnia fraacri Pholirtia Phormium tenax NCR Zealand Flax Pittosporurn tobira WMler's Dwarf Prunus CM -m niana Carolina'Laurel Cherry X4bephiolepis indica India HaWlh= Rosmatinus ofi'fcinnalis Rj. seraary Ruelha britbonia `Katie' CornpsuRvellia Rua1a catifomice Ruellia Soplhora secundifMorx Texas M=W a Laurel Tecorna dans `Angmmu! Yellow Bel is Tecomaria capensis crepe HGneysuclrie yjyosrn& coog"Mre N.C.N. GRGUi DCOV.M. Acacia redvlcns Desert Carpet Baceitads x `fie ueonial' Ba11gaivviliea various Dalea gmggii Trailing Indigo Bush Lantana camas 'New Gold' La.niana tnoutevideusis Purple Trailing Lantana Myoporum parvifOlium Prostrate Myoporum 00eothera bcriandieri i exicae Ev&kg l'riyMNO 11yracanrtha fortuneans. 1 rr6tharn Room ariuua off'icinalis Ipfomatug, Turf Wrberm spe; i es Wrbena VMS - Aja igunon lep4opm Coral Vine Bougainvillea species 'Barbara karst' lytaslorne calliategicidos V10let Trnrdpct Vine Ficus pwnila Creeping Fig Macfa.dyena uuguis-eak - Cat's Uaw Ross. baidcsiae - J�Ady Bunk's Rose ACCENTS- Aanual Color Agwm deserti D asert Agave Agave desinettimm Agave AIOd barbadeosis Alae Vers. Dasyli6on whezW Desert Spoon Hupetaloe parviilora Red Yucca Nfij 1enb a emersy:leyi %egsl KW But Grass it uhlerkbt*a dgEms: Deer Grass Noliva Miunca^pa Bear Crass Mormiurn tcnex Naw zeaEand Flax .56 Specific, Plan 03-067 2.8 CORAL MOUNTAIN CLUB (WEST TRACT) DESIGN GUIDELINES & STANDARDS Coral Mountain Club Community Theme The guidelines contained in this chapter identify unifying elements for design of permanent buildings and landscaping within that portion of each Planning Area west of Madison Street. Renderings, simulations and photographs are intended as thematic illustrations and do not depict final designs, nor should they limit the range of creative expression available to the developer or their professional design team. These guidelines will be reflected in subsequent implementing subdivision maps and development permits.The Specific Plan emphasizes the creation of low-density, walkable neighborhoods oriented around the golf course which has been long planned and previously entitled as the central amenity within the West Tract. These guidelines will assist the developer to execute a built environment that incorporates the following main concepts as depicted in the Figure 2.8-1, Illustrative Site Concepifievelop a residential golf community with access to recreational amenities, and commercial services. Establish residential neighborhoods that are linked through multi -use trails that connect neighborhoods throughout the West Tract. Develop buildings which respond to the desert environment and utilize passive heating / cooling techniques through orientation and design. Incorporate a variety of open space and recreational uses (active and passive). Design a planned community that complements existing development in the surrounding area and is compatible with the surrounding environment. Develop a community that is visually attractive and captures the essence of the Coral Mountain landscape. Embrace "Desert Modern" as the architectural theme for the West Tract. The intent of this broad theme is to encourage creativity, flexibility, variability, diversity and individuality when considering the architectural design of buildings within the West Tract. To implement these concepts, design guidelines and standards are provided for each of the West Tract's three Planning Areas. 2.8.1 Residential Guidelines (PA -III) Planning Area III (PA -III) will accommodate residential neighborhoods that take access from the primary entry road. Residences here will take advantage of spectacular south to southwest facing views of Coral Mountain and the Santa Rosa Mountains. Pedestrian and bike trails will provide multi -use connectivity within the residential areas and with Neighborhood Specific Plan 03-067 N Oc 5811 Avenue C .• 6011 Avenue } ' ' Planting Zones : Desert Garden ► Legend QSingle Family Lot Residential (*B.O.H. Option*) Q Commercial Corner Q Project Entry QSingle Family Lot Homesites, Typ. © B.O.R./ CVWD Easement Q Cluster Residential Product Q Club Core Q Active Sports Q Golf Irrigation Lake (+/- 2 acres) QSingle Family Lot Residential (*B.O.H. Option*) Q Open Space/Recreation Area O Activity Lake (+/- io acres) © Coral Mountain Trail Connection *Potential B.O.H. Opertations TBD* Source: VITA Inc., Planning & Landscape Architecture Commercial corner. These guidelines shall apply equally to both attached and detached products. Residential Design Vision The intent in PA -III is to create residential neighborhoods that maximize privacy between individual homes while embracing the desert landscape. Residential design may be reflective of contemporary desert architecture, desert vernacular, and simple interpretations of architectural form. Spanish Colonial, Moorish, or other historically themed architectural styles should be avoided within the "Desert Modern" theme for the project. Residential design inspired and informed by the desert environment Planning for the residential areas within the West Tract is oriented towards and influenced by the community amenities as activity hubs for the project with open space and trail connections providing easy access to the amenities. Residents are encouraged to walk or use alternate forms of transportation to access the community amenities to help promote a pedestrian friendly community and reduce traffic. Specific Plan 03-067 The climate in La Quinta is characterized by sunny and hot weather in the summer and relatively mild winters with excellent air clarity. The design of residences shall incorporate elements that respond to these conditions, such as patios, courtyards, arcades, plazas, and outdoor pedestian areas which encourage residents to take advantage of outdoor living. Other residential site planning considerations include the following: The placement of structures should consider prevalent environmental conditions including sun orientation, prevailing winds, and desired views. Orientation of residential development edges should maximize view potential and access to natural open areas and recreation areas. Varying house configurations are encouraged to promote variety in the street scene. A combination of side -entering and front -entering garages with varied driveway locations are encouraged in order to manage repetitive curb cuts and yard patterns. Recreation areas/greenbelt features shall be, wherever feasible, visible upon entry to neighborhoods to enhance neighborhood value. Residential Materials Building materials will feature high-performance characteristics meant to reduce carbon footprint with sustainable attributes. Natural stone, stucco, architectural concrete, pre -finished metal panels, cementitious panels or siding, and thermally -modified wood siding may be utilized as the finish material for vertical surfaces in a range of natural colors which complement the desert landscape. Roofing products may be selected from a variety of metal profiles like corrugated or standing seam as well as a variety of roof materials. The colors of the roofing materials shall utilize lighter tones to reduce heat gain such as white, sand, and gray. Roof mounted photo -voltaic solar panels will be used throughout the project. Sustainable and high-performance residential building materials Residential Massing and Scale Residences will be broken down into a collection of building forms to avoid a singular massing expression. Courtyards are encouraged as an effective way to engage the desert landscape while reducing the apparent mass of a home. Stand alone casitas or guest and pool 2.60 Specific Plan 03-067 houses as well as detached garages with and without carriage units are encouraged. Buildings shall be generally one-story in scale and appropriately massed with secondary two-story elements that create visual intrest. Porches, loggias, trellises, and brise-soleil are encouraged to provide solar control and create opportunities to express crafted details. Residential Architecture A variety of architectural designs are preferred. Further, special consideration should be given to passive solar building orientation in order to develop custom homes that perform efficiently in the desert environment. Windows and Doors To withstand the desert heat, high-performance residential windows with responsive passive solar shading strategies are encouraged. Window sash colors shall complement the building. Large panes or walls of operable glass allow spaces to flow seamlessly indoor - outdoor may be used at select locations. Window and door details that reveal the depth of the wall assembly are encouraged. If trim is used, it shall complement the building. The style of windows shall be compatible with the architectural style of the residence. The eclectic use of different window styles or shapes on one building plane may be considered appropriate provided the resulting composition remains coherent. Clerestory windows encouraging a natural stack effect for ventilation and visually allowing the roof to float above the wall plane shall be used as long as they are consistent with the style of the residence. Ow A variety of residential window and d000r configurations adapted for the desert environment Specific Plan 03-067 Residential Entries The entry of a residence shall be an important design consideration for PA -II. Entries can be signified by porches, trellises, columns, recesses, projections, sidelights, other architectural features and\or vibrant color accents. Residential entries shall be scaled appropriately. Residential Porches, Loggias, Balconies, and Railings Front porches encourage neighborly interaction and signify entry to the unit. Porches and loggias shall be incorporated into residential design to the greatest extent possible with a focus on craftsmanship and sun control. Porches, loggias, and balconies facilitate seamless indoor -outdoor experiences and provide visual interest, shadow, texture, and shade. Second story balconies shall be designed as an integral component of the residence and may be expressed as recessed or additive. Railing details will be in harmony with the architectural character of the residence. Residential porches functioning as shading devices from the intense sun Residential Columns Columns shall be used as structural elements consistent with the architectural expression of an individual residence. Columns may be used as supports for porches, loggias, balconies, and roofs and express craftsmanship through connection details or material assemblies. Use of historic column forms (doric, ionic, corinthian, etc.) are not permitted. Residential Chimneys Chimneys are often important design elements and signature features on residences. Chimney caps shall be simple in design and provide visual screening for vent or flue terminuses. The design of chimneys shall be compatible with residential architecture. 2.62 Specific Plan 03-067 Residential Garage Doors Garage doors shall be compatible with the architectural style of the residence. Design details like porches, trellises, or deep recesses minimize the impact of garage doors from the driveway and street. It is encouraged that two single doors (or a single door designed to look like two doors) be utilized for two -car garages while three -car garages may incorporate a double door and single door or three single doors. Where three car garages are proposed, at least one garage entrance should be offset or detached from the remaining two entrances. Residential Exterior Stairs Exterior Stairs shall be simple elements which complement the massing and form of the residence. Residential Building Details Exterior residential mechanical equipment shall be screened from view by walls, fences, or landscaping. Guest houses, casitas, detached garages, and carports will be integrated into the design of individual residences and neighborhoods. Finish materials on raised planters for floral, vegetable, or herb gardens should complement materials used in the residence. Flashing and sheet -metal shall be prefinished. Vents, roof appurtenances, gutters, and downspouts shall be integrated into the residential design or screened from view. Residential Outdoor Spaces Residential courtyards and outdoor spaces will be designed to seamlessly integrate indoor and outdoor experiences. Trees, shade canopies, trellises, or other landscape elements provide shade and comfort and create outdoor gathering spaces that connect with interior uses. Thoughtfully planned outdoor spaces create privacy for individual residences Specific Plan 03-067 Residential Walls and Fences When walls and fences are visible from any street, open space, or other common areas, they shall be compatible in material, color, and design of adjacent architectural features. Residential Parking - All residential parking areas, including auto -courts, shall be screened from view of adjacent roadways and neighbors. 2.8.2 Neighborhood Commercial Guidelines (PA -V) Commercial Design Vision The Neighborhood Commercial (PA -V) area will create a memorable arrival experience and provide an attractive public retail experience. This commercial corner will provide homeowners and neighbors with convenient retail, food and beverage services in a relaxed lifestyle environment. 1 Neighborhood Commercial character inspiration The Neighborhood Commercial area has been planned as a publicly -accessible retail commercial use fronting Madison Street and Avenue 58. It is anticipated that the commercial development will include both neighborhood- and visitor -serving businesses. In addition to vehicular access, a multi -use trail will accommodate pedestrian and bicycle access from within the Coral Mountain Club community and from sidewalks on adjoining public streets. Commercial buildings will be one and two-story with pedestrian -level interest or detailing. The following principles are intended to guide the overall design and development goals of the Neighborhood Commercial area: 2.64 Specific Plan 03-067 Streets will maintain a narrow road profile with on -street parking to help slow traffic and encourage walking or electric cart circulation. Utilize smaller, neighborhood -scale retail buildings to create a walkable, pedestrian -friendly environment. Shade and pedestrian comfort will be provided through the use of arcades, shade devices, landscaping, and building orientation. Special areas such as paseos, plazas, and courtyards shall be created to further enhance the pedestrian scale of the commercial area and to provide comfortable spaces for outdoor dining. Provide flexibility in commercial architecture to encourage creative and innovative retail concepts. Commercial Materials Materials for Neighborhood Commercial (PA -V) should be complementary to the residential uses in PA -III and feature high-performance characteristics with sustainable attributes. Natural stone, stucco, architectural concrete, pre -finished metal panels, cementitious panels or siding, and thermally -modified wood siding may be utilized as the finish material for vertical surfaces in a range of natural colors which complement the desert landscape. Roofing products may be selected from a variety of metal profiles like corrugated or standing seam as well as a variety of membrane roofs. The colors of the roofing materials shall conform to a range of lighter tones to reduce heat gain such as white, sand, and gray. Roof mounted photo -voltaic solar panels may be used throughout the project to encourage the use of alternate transportation within the project. Parking areas shall provide clearly defined pedestrian circulation. 2.8.3 Coral Mountain Club Landscape Guidelines (West Tract) The landscape design will establish an identity and theme for the project and will be an overall unifying element. Landscape Elements Figure 2.8-1 Conceptual Landscape Plan depicts the overall landscape concept for the project for illustrative purposes. Generally, the conceptual landscape plan incorporates landscape elements that establish a "sense of place" and creates visual unity and compatibility throughout the project. Key landscape elements would include entryways, streetscapes, and common areas described below. Final landscape design will be subject to Site Development Permit review and Final Landscaping Plan permits. Project Entries The principal community entry from Madison Street is intended to create a "sense of place" upon entering the West Tract. Walls, fences, monumentation, and all other hardscape elements will utilize materials, color, and detailing that are compatible with the Project architecture. Specific Plan 03-067 Landscape plantings distinguish the project entrance through the use of grove trees and textural shrubs and grasses. The primary entry road leading from the primary project entry will provide central access to individual residential communities and amenities. An informal arrangement of water efficient trees and shrubs will charactize this corridor. The landscape treatment along this spine road is designed to establish physical and visual connectivity between uses within the West Tract. Perimeter Public Streetscape Landscaping and trails along the perimeter roadway frontages are designed to provide a varied, comforting environment for pedestrians, cyclists, and equestrians through provision of a meandering multi -use trail as a component of the public street system. Informal arrangements of water efficient, drought tolerant plantings create interest through texture, color, and form. Common Areas Common area landscaping is intended to complement the residential character of the project, creating a unique sense of place and connectivity. The trail network along the primary entry road connects to the community trail system. Select tree and shrub plantings will blend with the native landscape, providing shade for the open space areas and a backdrop to the community. Thematic Planting Zones Figure 2.8-2, Planting Zones Diagram identifies the various Thematic Planting Zones within the West Tract. Each Planting Zone is described in further detail in Figures 2.8-3 to 2.8.6 Native Landscape As illustrated in Figure 2.8-2, Planting Zones Diagram, this Area is to be maintained as existing landscape and preserved as open space. These areas may require refurbushing and some ongoing maintenance. Desert Revegetation Depicted in Figure 2.8-3, Planting Zones Diagram: Desert Revegetation, the Desert Revegetation Landscape links the community with the native Coral Mountain landscape by creating an enhanced planting zone that steadily transitions to the surrounding open spaces and landscapes as it nears the southern and western perimeter of the Coral Mountain Club property. This enhancement of a largely native landscape provides a more robust trail and outdoor pursuits experience while also creating a varied and dynamic backdrop for the community Desert Garden As shown in Figure 2.8-4, Planting Zones Diagram: Desert Garden, the Desert Garden Landscape engages the community by cultivating a curated "desert" environment within the common areas along roadways or woven into each neighborhood. Residents can walk out of their home and immediately be immersed in the Coral Mountain Club experience. This garden 2.66 Specific Plan 03-067 landscape is characterized by a mix of date palms and Washingtonia Palms, and a selection of water efficient accent trees, shrubs, and grasses. As part of the planting concept, "edible plant palettes" may be established within this zone as appropriate to service culinary and community food security needs. Desert Oasis Depicted in Figure 2.8-5, Planting Zones Diagram: Desert Oaisis the Desert Oasis Landscape begins at the main project entry and extends along the central access road corridor, providing residents with a more punctuated, welcoming garden retreat as a contrast to the surrounding desert landscape. This landscape is characterized by a greater mixture of foliage colors and types, with species that maintain their appearance throughout the year. The landscape and architecture work together to provide a shady and comfortable environment. Flowering accent plants add seasonal interest throughout the year. The design geometry is casual, but has a direct relationship to the surrounding architecture. The contrast between straight, formal architectural walls and the flowing, organic landscape creates a dynamic signature for key gathering spaces within the community. Village Landscape Illustrated in Figure 2.8-6, Planting Zones Diagram: Village Landscape, the Village Landscape consists primarily of streetscape and limited common area plantings within the village core, and is more "urban" in character. Trees and palms that afford shade and provide an architectural quality through their arrangement are a domanint component of this landscape zone. Accent shrubs, grasses, and succulents enhance the urban, architectural quality of the village core. Allees or groves of palm or citrus afford a geometric framework within select "public" spaces such as the hotel arrival, along the boardwalk, or in parking areas. In parks or other village common areas the planting geometry is more casual and varied. As part of the planting concept, "edible plant palettes" may be established within this zone as appropriate to service culinary and community food security needs. Specific Plan 03-067 N 0C Planting Zones Diagram LANDSCAPE THEME ❑Desert Revegetation: • Transitional planting zone that creates an enhanced desert landscape at the foot of Coral Mountain. • Low-water use native and/or adapted tree and shrub species. • Informal arrangements of canopy trees. • Areas of unpla—d! earth are left open between shrubs and trees. ❑Desert Garden: • Mass plantings of color and texture. • Low-water use native and/or adapted tree and shrub species. • Informal arrangements of canopy trees along roadways and trails. • Open areas between shrubs. Desert Oasis: • Data palm grove is the principle organizing inference -- reminiscent of historical agricultural patterns. Expanses of mounding grasses • Agave and taller shrubs provide foundation planting to community and entry walls. F-1Amenity Landscape: • Date palms line the main road creating an "architecturaP framework for the arrival. • A mixed palette of succulents and mounding grasses utilize subtle texture and color differences to provide interest along the streetscape. "Note: Other plants may be added to the palette consistent with the CVWD "Lush and Efficient' Landscape Manual for all areas, except where certain species conflict with the Multi -Species Habitat Conservation Plan requirements as specified in MSHCP table 4-113. See also section 2.8.5" Source: VITA Inc., Planning & Landscape Architecture Base Plants Date Palm Phoenix dactylifera California Fan Palm Washingtonia filifers Honey Mesquite Prosopis glandulosa 4 Prostrate Acacia Acacia redolens'Desert Carpet' i Ocotillo Fouquieria splendens Desert Revegetation The Desert Revegetation Landscape links the Community with the native Coral Mountain landscape by creating an enhanced native planting zone that steadily transitions to the adjacent open spaces as it nears the southern and western perimeter of the property. This enhancement of a largely native landscape provides a more robust trail and outdoor pursuits experience while also creating a varied and dynamic backdrop for the wave and Community, helping to screen Back -of -House operations and the view of the dike from the village core. BOTANICAL NAME COMMON NAME BOTANICAL NAME COMMON NAME PALMS SHRUBS Phoenix dactyfifera Date Palm Acacia redolens Prostrate Acacia Washingtonia filifera California Fan Palm Dalea groggii Trailing Indigo Bush Yucca rostrata Big Bend Yucca TREES Acacia smallii Desert Sweet Acacia GRASSES Cercidium praecox Palo Brea Muhlenbergia rigens Deer Grass Cercidium floddum Blue Palo Verde Prosopts glandulosa Honey Mesquite Figure 2.8-3 Planting Zones : Desert Revegetation Accent Plants va i Palo Brea Cercidium praecox 4 Blue Palo Verde Cercidium floddum I s ♦ Big Bend Yucca Yucca rostrata 400 Trailing Indigo Bush Dale. greggii Desert Sweet Acacia Acacia smallii Source: VITA Inc., Planning & Landscape Architecture N J O Base Plants Date Palm Phoenix dactylifera J California Fan Palm Washingtonia filifera 40 Deer Grass Muhlenbergia dgens Black Dale. "else frutescens 41 Desert Spoon Dasylidon wheeled Desert Garden The Desert Garden Landscape merges the surf village with the estate lots and future residential phases within the Community by creating a "curated desert" environment within the common areas, along roadways, and with each neighborhood. Residents can walk out their back door and immediately be immersed in the beauty of the native desert environment. This landscape is characterized by a mix of date palms and washingtonia palms, palo verde, desert spoon, trailing groundcovers and grasses. BOTANICALNAME COMMONNAME BOTANICALNAME COMMONNAME PALMS SHRUBS Phoenix dactylifera Date Palm Chamaerops humilis Mediterranean Fan Palm Washingtonia filifers California Fan Palm Leucophyllum frutexcens Texas Ranger Pittosphorum tobira Pittospomm TREES Dalea frutescens Black Dalea Acacia smallii Desert Sweet Acacia Dasylifion wheeled Desert Spoon Cercidium floddum Blue Palo Verde Prosopis glandulosa Honey Mesquite GRASSES Muhlenbergia rigens Deer Grass Figure 2.8-4 Planting Zones : Desert Garden Accent Plants 87 Honey Mesquite Prosopis glandulosa I' `♦ lip Pittosporum tobira . Blue Palo Verde Cercidium floddum Desert Sweet Acacia Acacia smallii Texas Ranger Leucophyllum fmtescens Source: VITA Inc., Planning & Landscape Architecture N J Base Plants Date Palm Phoenix dactylifera California Fan Palm Washingtonta filifera I! Blue Palo Verde Cerotdium flondum Desert Spoon Dasylirion wheeleri Mediterranean Fan Palm Chamaerops humilis Desert Oasis The Desert Oasis Landscape is located at the main arrival points of the Community Entrance, Surf Club and the Farm, providing guests and residents a more welcoming garden retreat as a contrast to the surrounding desert landscape. This landscape is characterized by a greater mixture of foliage colors and textures, with species that maintain their appearance throughout the year. The landscape and architecture work together to provide a shady and comfortable environment. Flowering accent plants add seasonal interest throughout the year. The design geometry is casual, but has a direct relationship to the surrounding architecture. The contrast between straight formal architectural walls and the organic landscapes create a dynamic signature for gathering spaces within the Community. BOTANICAL NAME COMMON NAME BOTANICAL NAME COMMON NAME PALMS SHRUBS Chamaerops humilis Mediterranean Fan Palm Anigozanthos flavidus Kangaroo Paw Phoenix dactylifera Date Palm Dalea frutescens Black Dalea Washingtonia fltfera California Fan Palm Strelitzia reginae Bird of Paradise TREES GRASSES Acacia smallii Desert Sweet Acacia Festuca glauca Common Blue Fescue Cemidium floridum Blue Palo Verde Cercidium praecox Palo Brea ACCENTS Citrus Species Citrus Agave attenuate Ghost Agave Olea europa Olive Agave desmettiana Smooth Agave Prosopis glandulosa Honey Mesquite Agave parryi Parry's Agave Agave vilmodniana Octopus Agave Dasylirion wheeled Desert Spoon Figure 2.8-5 Planting Zones : Desert Oasis Accent Plants I HoneyMesquite Prosopis glandulosa Ghost Agave Agave attenuate 4 Kangaroo Paw Anigozanthos flavidus s Black Dalea Dalea frutescens Bird of Paradise Strelitzia reginae Source: VITA Inc., Planning & Landscape Architecture N J N Base Plants ' r qr,.m Accent Plants Date Palm Queen Victoria Agave Phoenix dactylifera Agave victonae gine AL ♦ �.� California Fan Palm Ghost Agave Washingtonia filifera Agave attenuata 00 Ruellia Purple Bougainvillea Ruellia calitomica Bougainvillea 'Dwarf Purple' Amenity Landscape 11ilip The Village Landscape consists primarily of streetscape and limited common area plantings within the village core, and is more "urban" in character. Trees and palms that afford shade and provide an architectural quality through their arrangement are a domanint component of this landscape zone. Accent shrubs, grasses, and succulents enhance the urban, architectural quality of the village core. Allees or groves of palm or citrus afford a geometric framework within select "public" spaces such as the hotel arrival, along the boardwalk, or in parking areas. In parks or other village common areas the planting geometry is more casual and varied. 40 Parry's Agave BOTANICAL NAME COMMON NAME BOTANICAL NAME COMMON NAME Bird of Paradise Agave parryi PALMS SHRUBS Strelitzia reginae Chamaerops humilis Mediterranean Fan Palm Bougainvillea 'Dw f Purple' Purple Bougainvillea Phoenix dactylifera Date Palm Carissa macrocarpa Natal Plum Washingtonia fififera California Fan Palm Ruellia califomica Ruellia Strelitzia regime Bird of Paradise ' TREES Acacia smallii Desert Sweet Acacia GRASSES Cercidium flandum Blue Palo Verde Features glauca Common Blue Fescue Cercidium praecox Palo Brea Muhlenbergia rigens Deer Grass Citrus Species Citrus Olea europa Olive ACCENTS Prosopis glandulosa Honey Mesquite Agave attenuate Ghost Agave 41 Agave parryi Parry's Agave Agave victonae gime Queen Victoria Agave Mediterranean Fan Palm Deer Grass Chamaerops humilis Muhlenbergia rigens Figure 2.8-6 Planting Zones : Amenity Lanscape Source: VITA Inc., Planning & Landscape Architecture 2.8.4 Coral Mountain Club (West Tract) Plant Material Palette Table 3, Coral Mountain Club Plant Material Palette, provides a list of compatible trees, shrubs, and groundcovers to be incorporated as part of the landscape design. Landscape architecture for the project is intended to create a lush desert character of visual variety and textural interest while complying with water conserving techniques based on plant selection and technical irrigation system design. Consistent with this goal, use of drought tolerant plant material is a primary consideration in the development of the plant palette to further aid in the conservation of water while promoting this lush desert theme in the prevailing landscape image. To provide guidance to the builders and designers of future projects within the project, the plant material palette gives guidance to builders and developers within the project. Species in addition to those listed are to be considered in order to provide diversity; however, the plant material in the list provided is relatively successful in the unique soil and climactic conditions of project site. TABLE 3: CORAL MOUNTAIN CLUB PLANT MATERIAL PALETTE BOTANICAL NAME COMMON NAME Acacia Aneura Mulga Trees Acacia salicina* Native Willow* Acacia saligna* Blue Leaf Wattle* Acacia smalli* Desert Sweet Acacia* Acacia stenophylla* Shoestring Acacia* Albizia julibrissin Mimosa Tree Bauhinia purpurea Purple Orchid Tree Brahea armata Mexican Blue Brachychiton populneus Palm Bottle Tree Caesalpinia cacalaco Cascalote Callistemon viminalis Bottlebrush Tree Cercidium floridum Blue Palo Verde Cercidium hybrid Desert Museum Cercidium praecox Palo Brea Chamerops humilis Med. Fan Palm Chilopsis linearis Desert Willow Chitalpa tashkentenis Chitalpa Chorisia linearis Desert Willow Chorisia speciosa Silk Floss Tree Citrus Species Citrus Cupressus sempervirens Italian Cypress Indian Dalbergia sissoo Indian Rosewood Eysenhardtia orthocarpa Kidneywood Fraxinus Uhdei'Majestic Beauty' Evergreen Ash 2.73 Specific Plan 03-067 SHRUBS Fraxinus velutina Arizona Ash Geij era parviflora Australian Willow Humilis Med. Fan Palm Jacaranda mimosifolia Jacaranda Koelreuteria bipinnata Chinese Lantern Tree Lagerstroemia indica Crape Myrtle Lysiloma microphylla var. thomberri Feather Bush Melaleuca quinquenervia Cajeput Tree Olea europaea* Olive*, ** Olneya Tesota Desert Ironwood Parkinsonia aculeata* Mexican Palo Verde* Phoenix dactylifera* Date Palm* Pinus canariensis Canary Island Pine Pinus eldarica Afghan Pine Pinus halepensis Aleppo Pine Pistacia chinensis Chinese Pistache Pithecellobium mexicanum Mexican Ebony Pithecellobium spinosa Texas Ebony Prosopis chilensis Chilean Mesquite Prosopis glandulosa Texas Honey Mesquite Quercus agrifolia Coast Live Oak Quercus suber Crok Oak Quercus virginiana Southern Live Oak Rhus lancea African Sumac Tipuana tipu Tipu Tree Thevetia peruviana Yellow Oleander Ulmus parvifolia "Drake" Drake Elm Vitex agnus-castus Chase Tree Washingtonia filifera California Fan Palm Washingtonia robusta* Mexican Fan Palm* Acacia farnesiana* Sweet Acacia* Bucida buceris Black Olive Prosopis species Mesquite Caesalpinia pulcherrima Red Bird of Paradise Carissa grandiflora Natal Plum Cassia nemophilla Desert Cassia Chrysactinia mexicana Chamisa Chrysothamnus nauseosus Damianita Daisy Dietes vegeta Fortnight Lily Dodonaea viscosa Green Hopseed Bush Hemerocallis hybrid Daylily Specific Plan 03-067 Heteromeles arbutifolia Hibiscus species Justicia califomica Leucophyllum Species Myrtus communis 'Compacta' Nandina domestica Photinia fraseri Phormium tenax Pittosporum tobira Prunus caroliniana Rhaphiolepis indica Rosmarinus officinalis Ruellia brittonia'Katie' Ruellia californica Simmondsia chinensis Sophora secundiflora Tecoma stans 'Angustata' Tecomaria capensis Xlyosma congestum GROUND- Acacia redolens `Desert Carpet' Baccharis x Centennial COVER Bougainvillea Species Dalea greggii Lantana camara `New Gold Lantana montevidensis Myoporum parvifolium Pyracantha fortuneana Rosmarinus officinalis `Prostrates' Turf Verbena species VINES Antigonon leptopus Bougainvillea species Clytostoma callistegioides Ficus pumila Macfadyena unguis-cati Rosa banksiae ACCENTS Annual Color Agave americana Agave deserti Agave desmettiana Agave parryi Agave victoriae-reginae Aloe barbadensis Dasylirion wheeleri Echinocactus grusonii Festuca glauca Fouquieria splendens Hesperaloe parviflora Toyon Hibiscus Chuparosa Texas Ranger Compact Myrtle Heavenly Bamboo Photinia New Zealand Flax 'Wheeler's Dwarf Carolina Laurel Cherry India Hawthorn Rosemary Compact Ruellia Ruellia Jojoba Texas Mountain Laurel Yellow Bells Cape Honeysuckle N.C.N. Prostrate Acacia* Centennial Coyote Brush Bougainvillea Trailing Indigo Bush New Gold Lantana Purple Trailing Lantana Prostrate Myoporum Firethorn Creeping Rosemary Turf Verbena Coral Vine 'Barbara Karst' Violet Trumpet Vine Creeping Fig Cat's Claw Creeper Lady Bank's Rose Century Plan Desert Agave Agave Parry's Agave Queen Victoria Agave Aloe Vera Desert Spoon Golden Barrel Cactus Common Blue Fescue Ocotillo Red Yucca 2.75 Specific Plan 03-067 Muhlenbergia emersylleyi 'Regal Mist' Bull Grass Muhlenbergia rigens Deer Grass Nolina bigelovii Nolina Nolina microcarpa Bear Grass Phormium tenax New Zealand Flax Yucca rostrata Big Bend Yucca *Species that are prohibited within certain areas of the project as depicted on Exhibit 13, Conceptual PBS Barrier Plan. "Fruiting varieties limited to trees designated for active farm -to -table growing at least 500 feet from any western project boundary; ornamental use is prohibited. 2.8.5 Sheep Protection Plan (West Tract) Only the project areas west of Madison Street include specific measures to ensure that Peninsular Bighorn Sheep (PBS) are restricted from entering the project and that promote proper human interactions between residents and PBS. Barrier Plan The project will incorporate fencing and walls along the entire project perimeter as shown on Figure 2.8-7 Conceptual PBS Barrier Plan. This will serve as a physical barrier to prevent Peninsular bighorn sheep (PBS) from accessing the site. The fence/wall design will be approved by the City of La Quinta in consultation with the California Department of Fish and Wildlife (CA DFW). It will draw from the prototypical fencing types described in the Coachella Valley Conservation Commission (CVCC) "PBS Barrier Project" as shown in Figure 2.8-8Typical PBS Fence Cross Section and Figures 2.8-9a & b Representative PBS Fence Photos, and will be consistent with the Coachella Valley Multi -Species Habitat Conservation Plan. Additionally, Tribal monitoring will apply to the fence construction and trail alignment in any areas containing Tribal cultural resources per City of La Quinta requirements. Plant Palette The project plant palette (Table 3 in Section 2.8.4) includes approved native specimens listed as "Coachella Valley Native Plants Recommended for Landscaping" (CVMSHCP Table 4- 112) and will prohibit specimens listed as "Prohibited Invasive Ornamental Plants" (MSHCP Table 4-113) in certain open spaces areas and on lots adjoining any sheep barrier as shown on Figure 2.8-7 Conceptual PBS Barrier Plan. In addition, when an implementing project is approvd, the approved project plant palette will be referenced in the Project CC&Rs and will be enforceable by the property owners' association for the life of the project. Specific Plan 03-067 Legend: — – – — Project Boundary Proposed 6CMU Community Perimeter Wall Proposed 8' Sheep Barrier Restricted Plant Palette Coral Mountain I I 50' MIN. WIDTH TOE OF SLOPE - CORAL MOUNTAIN Notes: 1. Information shown is conceptual only. Final alignment may be adjusted to accommodate ground features and other design and/or environmental considerations. 2. Perimeter Wall & Sheep Barrier as approved by City of La Quinta. 3. Sheep barrier to consist of 8' high fencing as shown in approved CVCC "PBS Barrier Project" (see Figure XX) or equivalent combination of 6' CMU and 2' decorative wrought iron or tubular steel view fence as appropriate. 4. See Table 2.8-1 for plant restrictions. Source: MSA Consulting, Inc. TOE OF SLOPE - CORAL MOUNL 50' MIN. WIDTH AVENUE 58 N.T.S. Exhibit Date: June 27, 2023 CONCEPTUAL PBS BARRIER PLAN FIGURE 2.8- i 17.1' �I _ N; EX. �11 GROUND 3' 4' 3' 4' 5' 4.6' LU x (9 PROP. 8' Q SHEEP 1 o� BARRIER 1 I h 4:1 `° 441PROP. ROCK CATCHMENT Source: MSA Consulting, Inc. 24' 1 VARIES 8.8'- 14.5 1BENCH z PROP. BERM J o� — 3' m 2% MIN. 19n%MAXMAX. SPA Exhibit Date: July 21, 2022 TYPICAL PBS FENCE CROSS SECTION FIGURE 14 PAGE 37 '%F a Source: CVCC Peninsular Bighorn Sheep Barrier Project Exhibit Date: July 21, 2022 REPRESENTATIVE PBS FENCE PHOTOS FIGURE 15A PAGE 38 Fence Type: Welded Steel A-1 Aw =.rte, •• : • - �.:. .. 1 ,�, � .' :�`� v. Fence Type: Chain Link Source: CVCC Peninsular Bighorn Sheep Barrier Project • �iMill" Fence Type: Tubular Steel Fence Type: Chain Link •1• Exhibit Date: July 21, 2022 REPRESENTATIVE PBS FENCE PHOTOS FIGURE 15B PAGE 39 Zoning and Development Regulations 3.1 SPECIFIC PLAN OVERLAY DISTRICTS A. Purpose. To provide fle>dble regulations via the specific plan process which allow the use of creative land plwau ng and design techniques to create master -planned developments incorpo- rating coordinated building design, integrated greenbelts, private recreation facilities, emphasiz- ing a separation of pedestrian and vehicular traffic:, and an overall increase in recreational ameni- ty. The regulations presented herein are pursuant to Article 8B Authority and Scope of Specific Plans of the State Planning and Zoning Law of the Government Code, Section 65000 et seq and are in compliance with the Califomia. Environmental Quality Act (CEQA) and amend Chapter 9 of the City of La. Quints Zoning Code (9.60.290). The specific plan overlay district allows variations in tourist commercial land uses as provided by Section 9.40.030 (per General Plan Policy 2-1.19). Specific plan densities, development stan- dards and other features will be made consistent with the General Plan by adoption of this Specific Plan_ Permilted Uses. The Specific Plan 03-067 delineates the permitted uses within the plan area boundaries defined within Planning Area I through Planning Area Vi_ Uses are tailored to indi- vitkud site locations within the Specific Flan 03-067 plan boundary, the existing street systems, topography, and other.characteristics. Zoning Designation, The Specific Plan 03-067 spccifres overlay zoning adopted in conjunction with approval of the Specific Plan document. Upon approval, the Specific Plan 03-067 becomes an integral part of the zoning for the property within the plan boundary and, for the plan area, becomes the Official Zoning for the City of La Quinta. Property ming shall consist of the base district symbol followed by the specific phut symbol in parentheses; for example, Low Density Residential - LDR would be noted as LDR(RSP). Specific Plan 03-067 3.1 Zoning and Development Regulation and Standards by Planning Area Zoning and Development Regulation and Standards are presented for Planning Area I through Planning Area VI as delineated in the .Plaguing Area Exhibit and are presented in the following order: Plan ningArea I Golf Course GC -(RSP) USES AND STANDARDS Description of Uses in Planning Area I Zoning and Development RegWation and Standards Planning Area II Low Density Residentiai LDR — (RSP) USES AND STANDARDS Description of Uses in Planning Area II Zoning and Development Regulation and Standards Planning Area In Low Density Residential LDR — (RSP) USES AND STANDARDS Description of Uses in Planning Area III Zoning and Development Regulation and Standards Planning Area IV Golf Course GC — (RSP) USES AND STANDARDS Description of Uses in Planning Area TV Zoning and Development Regulation and Standards Planning Area V Neighborhood Commercial NC-- (RSP) USES AND STANDARDS Description of Uses in Planning Area V Zoning and Development Regulation and Standards Planning Area VI Golf Course GC — (RSP) USES AND STANDARDS Description of Uses in Planning Area VT Zoning and Development Regulation. and Standards 3.2, Specific Plan 03-067 3.1.1 Planning Area I GOLF COURSII—GC -- (RSP) Description of Uses in Planning Area I Tice foliowing section establishes the permitted land use and development standards for property designated as GC within Planning Area 1 as depicted on the Land Use Plan. Golf Supporting Use and Facilities address all land within Planning Area 1. Within the overall plan boundary, Planning Area I proposed I I acres development uses and stan- dards for the Specific Plan 03-067 Golf and Recreation Club, resident and guest serving recre- ation amenities and supporting uses. A Golf Coarse Residential Specific Plass GC`(RSP) overlay for this project area is proposed to address land use within Planning Area I with development regulation and criteria presented herein. Planning Area I of the Specific Plan 03-067 establishes standards for the location and develop- ment of recreation amenities consistent with the resort oriented mature of the project and project- ed trends in golf supporting facilities to serve the two 18 hale courses of Specific Plan 03-067. A. Purpose and .intent. To provide for the development and regulation of a range of special- ized resident and guest serving uses oriented to Golf and Tennis Club, resident and guest serving recreation center and supporting uses, located in areas designated within .Planning Area 1 in the Specific Plan. B. Permitted Uses. Permitted uses for land designated GC on the Land Use flan and/or Proposed Zoning exhibits as GC -(RSP) includes all currently existing allowable uses delineated in the Golf Course district delineated in the La. Quinta Zoning ordinance and as specified within this Specific Plan. C. Temporary & Intedin Uses. Temporary or recurring outdoor event staging facilities and related uses serving the use and on-site construction and site guard offices irscluding relocatable buildings, Temporary golf house, sales and marketing buildings and offices are allowed. D. Accessory Uses. Resort recreation and stale areas, and maintenance facilities and sites. Signs, .fences and walls, subject io the design criteria set fortis in this Specific Plan doc anent. Satellite dish and other antennas, subject to this Specific Pian, E. Of1wrAflowabfe Uses. Water wells and pumping stations, water tanks and reservoirs, pub- lic flood control facilities and devices as necessary to facilitate the CVWD or developer in water management and conservation E Allowable Site Coverage. As specified herein. G. Development Standards The following development standards apply to property proposed Spccific Plat, 09-067 3.3 For development designated on the Land Use Plan and/or Proposed Zoning exhibits as GC -- (RSP) and as described within the text of this Specific Plan. Standards are established for all buildings, structures and uses within Planning Area I. BUILDING DEVELOPMENT STANDARDS 'v:.� �*"ac �..li�.:.a:�Si.Li �:.r_._..`. r..i:_..1t-.£LoA�i.�..r'�r i• Max. Building Height 35 ft.*+ Max. No. of Stories 2 Min. Front Yard Setback from: Street or Parking Stall Curb 8 ft. Pedestrian Circulation Walks 5 ft. Garage/Carport Setback 5 ft. Mui. Total Side. Yard Setback 10 ft.** Min. Interior/Exterior Side Yard Setbacks 5 ft. Max. Allowable Wall Height 10 ft.*** Max. Parking Required 1 space/250sf**** +Height is limited to 22' for a setback of 150' from R.O.W. on Madison & Avenue 58. *Not including chimney projections, bell towers, spires, etc. **AC Units, trellis elements, pools, and spas are allowed to encroach into side and rear setback areas. ***2' of the 14' ht. may be retaining with 8' freestanding. ****The area (sf) of the cart garage will not he included in the parking requirement calculation. The following uses are permitted in Planning Area 1. Recreation Uses Outdoor lawn and recreation uses. Golf and Tennis clubs or complexes. Health and fitness clubs & Spas. Golf course & turf/landscape areas. Live entertainment as an accessory use to a "one-time" event. 2. Serpi-Public Uses Museum uses. Parks, play fields, botanical garden uses, and passive and active open space area. Bicycle, cart, and pedestrian trails and storage facilities. Swimming pools and spas. 3. Lodging Uses Not allowed 4. Accessory Uses Private parking lots, carports and open-air parking stalls as an accessory use to Residential or Open Space uses. Signs in accordance with this Specific Plan. Antennas and satellite dishes in accordance with this Specific Plan. 3.4 Specific Plan 03-667 5. Temrmr ary & .interim Uses ** Interim event parking lots for events anticipated to eV. end over three or more days of use, Temporary outdoor event staging facilities. **Temporary outdoor event staging facilities anticipated to extend over three or more days of use. *"Construction and site guard offices in relocatable buildings. * A single asterisk indicates an allowable use requiring approval of a Conditional Use Permit from the La Quinta Planning Commission. ** A double asterisk indicates an allowable use on a temporary_ basis requiring approval from the La Quinta Coiwnunity Developmeni Director. OPEN SPACE LAND USE Opera Space land in Planning Area i is defined by the areas adjacent to the recreation club amni- ties. Criteria related to development of tine open space surrounding recreation club facilities is presented and allowable in all areas of Planning Area identifia The following development standards apply to the construction of clubfrecreation facility buildings for supporting structures within the golf course zone on property designated as GC -. (RSP) on the land Use Pian, ANCILLARY BUILDING DEVELOPMENT STANDARDS t Height is limited to 22' for a setback of 150' frons KO.W. on Madison & Avenue 58. `riot including fbigpoles, cldmne}' vrojections, bell towers, spires, or building projections that cin; nonessmliat to the Atnetionw space of tfte o man=ial building (i.e. bell towers etc) Specific Plan, 03-067 3.5 Max. Building Height 28 ff.*T Max. No. of Stories i Min. Setback from: Street. or Parking Stall Curti 2 ft. Pedestrian Circulation Walks 2 ft. Structure Setback 5 R Min. Building to Building Setback 5 ft, I &n- Interior/Exterior Side Yard Setbacks to adjacent lot l0 fl. Maximum Allowable Screen Wall Height. 10 ft. t Height is limited to 22' for a setback of 150' frons KO.W. on Madison & Avenue 58. `riot including fbigpoles, cldmne}' vrojections, bell towers, spires, or building projections that cin; nonessmliat to the Atnetionw space of tfte o man=ial building (i.e. bell towers etc) Specific Plan, 03-067 3.5 3.1.2 Planning Area U RESIDENTIAL SPED I:C PLAN RL -(RSP) USES AND STANDARDS Description of Uses in finning Arca D Planning Area U encompasses development uses and standards for the Specific Plan 03-067 Villas and Casitas as well as ancillary supporting recreational uses and areas. This Planning Area is located centrally within the eastern half of tine project site and encompassed 16 acres of land. Planning Area B of the Land Use flan proposed, within its boundaries, one Lmderlying zone, Lour Density Residential LDR — (RSP). A Residential Specific Plan (RSP) overlay for Planning Area iI is proposed to address residential supporting uses lard use within Planning Area 11 witli development regulation and criteria pre- sented herein, The development criteria for open space, passive, and active recreation areas and other uses is also deli.ncated for Planning Area R herein. RESIDENTIAL SPECIFIC PLAN (RSP) USES AND STANDARDS The #allowing section delineates the permitted land use and development standards for property designated as Low Density Residential Specific Plan LDR - (RSP) on the Land Use Plan, within Planning Area JI, A. Purpose and fateat. To provide for the development and regulation of a eange of special- ized residential uses oriented to Golf club and resort lifestyle activiV, located in areas designated within Planning Area H in the Specific Plan. Representative land use include Residential owner- ship, short term and long term rentals, and leasing rises as well as supporting open space and recreational use. B. Perriutted Uses. Permitted uses for land designated LDR - (RSP) on the Land Use Plan and/or Proposed Zoning exhibits as LDR - (RSP) includes all currently exiat.ing residential serv- ing uses and allowable uses delineated in the Low Density Residential district description of the La Quina Zoning ordinance and as specified herein. C. Temporary & Interim Uses_ TmWormy or recurring outdoor event staging facilities and related uses serving the Residential use and on-site construction and site guard offices including relocstable bi fldings. Temporary sales and marketing buildings and offices may be allowed D. Accessary Uses. Recreation and staging areas for recreation events, maintenance facilities and sites. Signs, fences and walls, subject to the design criteria set forth in this Specific Plan doe- tunent. Satellite dish and other antennas, subject to this Specific Plan. E. 011ier Allowable Uses. Water wells and pumping stations, water tanks and reservoirs, pub- lic flood control facilities and devices as necessary to facilitate the CVWD or developer in water management and conservation. 3.6 Specific Plan 03-067 R Development Mandards. The following development standards apply to property Proposed far development designated on the Land Use Plan andlor Proposed Zoning exhibits as Low Density Residential LDR. — (RSP) and as described within the text of this Specific Plan. Standards are established for Loiv Density Residential LDR -- (RSP) buildings, structures and uses within Planning Area. IL Residential Detached and Attached Development Standards These swtdards apply to all land Within Planning Area it as described withi--r the text and graph- ics of this Specific Plan. B=ING DEVELOPMENT STANDARDS Mex Building Height 28 fl.*t Maxx No. of Stories 2 Man. Livable Floor Area Per Unit 1500 sq/f3. Min. Front Yard Setback from: Street or Parking StaII Curb to ft_ Pedestrian Circulation Wallis S ft. Garage/Carport Setback 5 ft. Min. Total Side Yard Setback 10 ft."t Mitt. Interior/Bxterior Side Yard Setbacks Q ft. * *f Max. Allowable Wall Height 8 ft.*** Max. Parking Required Per Current Code t Height is Thuited to 22'6)r a setback of 150- £rotn ROX on Madison & Avenuc 58, "Not ineiudiug chimney projections, bell towers, spins, etc- " AC Units, trellis clerrments, pools, and spas are allowed to encroach into side and recur sctbacR areas, " Z of the $' h1. may be retaining with 6' freestanding. The following uses are pennitted in Planning Area ff. Recreation Uses Outdoor lawn and recreation uses. Pool/spa and water recreation uses. Live entertainment as an accessory use to a "one -tune" event. Semi -Public lives Parks, play fields, botanical garden uses, and passive and active open space area. Bicycle, cart, and pedestrian trails. Swimming .pools and spas. 3. Lodorng C1ses Residential use as delineated within this 3.1.2 herein. Spacific Plan 03-067 3.7 4. Accessory Uses Private parking lots, carports and open-air parking stalls as an accessory use to residential uses. Signs in accordance wAb this Specific Plan. Antennas and satellite dishes in accordance with this Specific Plan, 5. Temporary & .interim Uses Sales offices, corlstruction and site guard offices is relocatable or modillarbuildings, ** Interim event parking lots for everdss anticipated to extend over tyre`. or more days of use.* Temporary outdoor event staging facilities. Temporary outdoor event staging facilities anticipated to extend over three or more days of use.*" * A single asterisk indicates an allowable use requb-irrg approval of a Con&rioval Use Permit firnn the La Q:rinia Planning Commission. ** A double asterisk indicates wi allowable ime on a ternporary b,%sis regniring approval front the La Quinta Cnimnunity Development Dimc-tor. OPEN SPACE LAND USE Open Space land in Plaaning Area II is defined by the areas adjacent to the residential units, Amenity and supporting facilities are located on adjacent fingers of greenbelt within the devel- opment plan and may be pools, fountains, spas, etc. Development criteria is defined herein. The foliowing development standards apply to the construction of buildings for supporting residential unit and recreational features (such as satellite pool buildings) on property designated as Low Density Residential LDR --- (RSP)on the Land Use Plan, ANCILLARY BUILDING DEVELOPMENT STANDARDS Max. Building Height 28 ft*t Max._ No. of Stories I Min. Setback from: Street or Parking Stall Curb 2 ft. Pedestrian Circulation Walks 2 it, Structure Setback 5 ft Min. Building to Building Setback. 5 ff. Min. Interior/Exterior Side Ward Setbacks to adjacent lot 10 ft. .Maxirnurn Allowable Screen Wall Beight 10 ft. t Height is limited to 22' for a satbael: of -15o' from R.O.W. on Madison & Avenue 58. *Nol including flagwics, chimney prciections, bell towers, spires, or bcvlaing projcc6ons thst are nonemendat to the fiinetianal space of the =-an,ercial building (i.e. bell totiven eW.) 3.8 Spec4ic Plao 031067 3.1.3 planning Area M RESIDENTIAL SPECIFIC PLAN LDR-(RSP) USES AND STANDARDS Description of Uses to PlanniagArea M Within the overall plan boundary, Planning Area ITI encompasses development uses and standards for the Coral Mountain proposed residential grounds as well as ancillary supporting recreational uses and areas. This Planning Area is located throughout the project site and encompasses 424.1 acres. Planning Area III of the Land Use Plan proposed, within its boundaries, one underlying zone, Low Density Residential LDR — (RSP). A Residential Speci-fic Plan LDR-(RSP) overlay far Planning Area III is proposed to address res- idential supporting uses laud use within Planning Area ID with develapment MgL&ionu and cri- teria presented herein. The development criteria for open space, passive, and active recreation areas and other uses is delineated for Planning Area III herein. RESIDENTIAL SPIECIM PLAN (RSP) USES AND STANDARDS Tlie following section delineates the permitted land use and development standards for property designated as Low Density Residential Specific Plan. LDR - (RSP) on the Land Use Plan, within Planning Area. ill, A. Purpose and lr:tent. To provide for the development and regulation of a range of special- ized residential uses oriented to golf club and resort lifestyle activity, located in areas designated within Planning Area IIT in the Specific flan, Representative land use include residential owner- ship, short terns and long term rentals, and leasing uses as well as suppotting open space and recreational use. B. Permitted Uses. Permitted uses for land designated LDR - (RSP) on the Land Use Plan and/or Proposed Zoning exhrbits as LDR. - (RSP) includes all currently existing residential serv- ing oases and allowable uses delineated in the Low Density Residential district description of the La Quir" Zoning ordinance and as specified herein. Sales and marketing buildings and offices are allowed. C. Temporary & .Inferim Uses. Temporary or recurring outdoor event staging facilities and related uses serving the residential use and on-site construction and site guard offices including relocatable buildings. D. Accessory Use.fi Recreation and staging areas for recreation events, maintenance facilities and sites. Signs, fences and walls, subject to the design criteria set forth in this Specific Plan doc- ument Satellite dish and other antennas, subject to this Specific Plan. E. DtherAllowahle Uses. Water wells and pumping stations, water tanks and reservoirs, pub- lic flood control facilities and devices as necessary to facilitate the CVWD or developer in water management and conservation. Spooific Plan 03.067 3.9 F, Deve1qpmg?mS&Ad&rdK The Mowing developirrent standards apply It property proposed for development designated ci the Land Usc plan and/or Proposed Zoning sxhibits as Low Density Residential LDR -- (RSP) and as described w"in' the text of this SpecFfio Plane, Standards are established for Low Density Residential LDR — (RSP) buildings, structures and uses within Plaun4 Area Iff. Residenfial DeUched a a d Attaebed Developmeat Standards Thm standards apply to all lard vwltliiri Pla ing Area 10 as deucnW within, the text and graph - tics of #his Specific, plan. RIC Ig WO r AISII« N -A . Jp%% " . Nf= Building Height (Residence/Clubhouse) 28/ 35 fL* f max. No. of ftlies Min. Livable Floor Area Per Unit 1500 sglfi. Min. Front 'Yard Setback €torn: Street or Parking Stall Curb to A. Pel str Circulation Waller -5 ft, Q MgO1C=lxut S-affi2-& 5 It Min, Total Side Yard Setback 10 &** Mtn. LnteriorlExterior Side turd Setbacks S ft. Max. AIlo%able Wall Height 8 f1'.*** Max. Parking Reqtimd Per Current Code t Hdgiu i5 Rin itcd to 22.E Rw a se lhaek of 154' &qm 1L0_W_ em Mndisrnj & Aveaut 51t. Golf clubhouse height allowed up to 35 *Not including eNmnq proertiom, bcV loiters, spires, MEG- ** AC >lniu, lm] U drmisols, pnks, and. spas we altiarcd to efi "AL into Sidi and rear Wi MA sans_ **F 2' of the 8' X may be retaining wish G' fFMbt nd Ing. Tlie fbUowing use5 are permitted in Planning Arca 11L L, Recreaflo r uses Outdoor lawn and recreation uses, Clubhouse, fitness center, and related uses Live enteriainmerrt as an accessary use to a "one-time" event. 2. �Ss?W-Fublic User Parks, play fwlds, botanical garden uses, and passive and active open space area. ,Bicycle, cart, and pedestdan trails_ Swimming pools and spas. 3. Lodging UJses Kesi&rrtaal use as delineated within [leis �mtion 3.1.3, 3JO Spu ik. P1.,03-067 4, Accessory Dees Private parking lots, carports and open-air parking stalls as anaccessory use to residential uses, Signs in accordance with this Specific Plan- Antennas lan.Antennas and satellite dishes in accordance with this Specific Plan. Golf maintenance yard and related facilities. 5. Temporary & Intermit U.sas- Sales offices, construction and site guard offices in reiocatable or modular buildings.'* Interim event parking lots for events anticipated to extend over three os- more days of use,** Temporary outdoor event staging facilities. Temporary outdoor event staging facilities anticipated to extend over three or more days of use.** A single asterisk indicates an allowable use requiring al) praval of C.aruiitional Use Permirfrou) tf:e Lu Qrrhrly Planning Commhvion. *w A double asterisk indicates an allowable use on s temporary basis rephing aMawl front the La Qrr Ina C ointinurily Develolxrretrl Director. 01'FN SPACE LAND USE Open Space land in Planning Area III is defined by the areas adjacent to the residential units. Amenity and supporting facilities are located on adjacent fingers of greenbelt within the devel- opment plan and may be pools, fountains, spas, etc. Development criteria is defined herein. The foilowing development standards apply to the construction of buildings fur supporting residential unit and recreational features (such as satellite pool buildings) on property designated as Low Density Residential LDR -- (RSP)on the Land Use PIan. ANCQ.LARY BUILDING DEVELOPMENT STANDARDS Ma.Y.Building Height 28 ft.*t Max. No. of Stories 1 Min. Setback from: Street or Parking Stall Curb 2 fl, Pedestrian Circulation WaWs 2 ft. Structure Setback S fl:. Min. Building to Building Setback, 5 fi. Min. Intl riodExterior Side Yard Setbacks to adjacent lot 10 fl. Maximum Allowable Screen Wall Height 10 ft. t Hciaeht is ]limited to 22' for a sethnk of 140' frorn R.Q.W. on Madison & Avenue 58, "Not including flgWles, chimney pmjcations, bell toners, spires, or blulding proicetions that nre nonessential to the functional space or the ooniniercial btulding (i,e. bell W%Y= etc.) spccific .Plan 03-067 3.11 3,1.4 Plawaing Area IV GOLF COURSE GC -(RSP) USES AND STANDARDS Description of Uses in Planning Area N Within the overall pian boundary, Planning Area IV encompasses development uses and standards for the Specific Plan 03-067 proposed Golf Course maintenance facility as well as ancillary sup- porting golf uses. This 3 acre Plarining Area is located at the intersection of Madison Street and Avenue 60 on the soutbern boundary of the project site. Planning Area IV of the Land Use Plan presently has, within its boundaries, one underlying zone, GC — (RSP). A Specific flan (RSP) overlay for Planning; Area IV is proposed to address golf course support- ing uses Land use within Planning Area IV with development regulation and criteria presented hexein. The development criteria for other uses is delineated for Planning Area I V herein, RESIDENTIAL SPECIFIC PLAN (RSP) USES AND STANDARDS The following section delineates the permitted land use and development standards for property des- ignated as Golf Course Specific Plan GC — (RSP) on the Land Use flan, within Planning Area IV A. Purpose and Intern. To provide for the development and regulation of a range of special- ized maintenance uses oriented to golf course maintenance activity, located in areas designated within Planning; Area IV in.the Specific Plan. Representative land use include golf and open space maintenance building Use and supporting antcillary functions to that use. R. Perndtted Uses. Permitted uses for land desigoalW GC — (RSP) on the Land Use Plan and/or Proposed Zoning exhibits as GC— (RSP) includes all currently existing maintenance build- ing uilding serving uses and allowable uses delineated in the Golf Course district description of the La Quinta Zordrig ordinance and as specified herein. C. Temporary & frtterim Uses. 'Temporary or recurring outdoor event staging facilities and related uses serving the, maintenance use, and on-site construction and site guard offices, and relo- catable buildings. D. Accessory Usex Fuel and supply storage incidental to the operations of the maintmmoe facil- ities and sites. Signs, fences and walls, subject to the design criteria set forth in this Specific Plain document as as required by law. Satellite dish and other antennas, subject to this Specific Plan. C. Other Allowable Uses. Water wells and pumping stations, water tanks and reservoirs, pub- lic flood control facilities and. devices as necessary to facilitate the CVWD or developer in water management and conservation. F. Devetop►r od Standards. The following development standards apply to properly proposed for development designated on the Land. Use Plan- and/or Proposed Zoning exhibits as Golf Course GC — (RSP) and as described within the text of this Spccific Plan. Standards are estab- lished for Golf Course GC — (RSP) buildings, structures and uses within Planning Area IV. 3.12 Specific Ping 03-067 BUILDING DEVELOPMENT STANDARDS Max. Building Height 28 ft.*f Max. No. of Stories 1 Min. Front Yard Setback from Street or Parking Stall Curb 8 ft. Pedestrian Circulation Walks 5 ft, Garage/Carport Setback 5 f. Min. Total Side Yard Setback 10 ft" Min. Interior/Exterior Side Yard Setbacks 5 ft, Max. Allowable Wall Height 8 ii."`** Max. Parldng Required Per Current Code t Hoigirt is limited to 22' £or u sctlwok of 1.50' from RO.W. on Madison & Avenue 58, •311ot uulndiug clunrncy projectiow, bell towers, spirts etc. »r ,4C Units, trellis alemcats, pools, and spas arc ailowved to encroach into side and rear setback areas. 'KO+2' of the 8' ht may be vaninutg n%Uh 6' freestanding. The following uses are permitted in Planning Area IV. Recreation Uses Outdoor lawn and recreation uses. 2. Semi Pudic Uses Maintenance building uses, and passive and active open space area. Swimming pools and spas. Special U,Ces Fuel storage, fertilizer storage, and use incidental to maintenance building functions 4. Accessory lfsas Private parking lots, carports and open-air parking stalls as an accessory use to maintenance building uses. Signs in accordance with this Specific Plan. Antennas and satellite dishes in accordance with this Specific Plan. 5. Temporary & Interim Wes Site guard offices in relocatable or modular buildings.'" [nterirn event parking lots for events anticipated to extend over tluee or more days of use.** Temporary outdoor event staging facilities. Temporary outdoor event staging facilities anticipated to extend over three or more days of use.** ' A single asterisk indicates an allowable use requiring gpproval of a Conditiorml flse Permit from the La Qiuinta Planning commission, "* A double asterisk indicates an allocable use on a temporary basis reyrfrrtrrg ap,p from rhe [a Jreirrla COmmirrritp Deryroprrrerrt Director: Specific Plan 03-067 3.13 3,1.5 Planning Area V NEIGIMORHOOD COMMERCIAL NC -(RSP) USES AND STANDARDS Deseriplion of Usm in Planning Area V Within the overall plan boundary, PIanning Area. V encompasses development uses and standards for the Specific Plan 03-067 Neighborhood Commercial center as well as ancillary supporting uses. This Planning Area is looted at the intersection of Madison Street and Avenue 58 on the northern boundary of the project site. Planning Area V of the Land Use Plan proposed, within its boundaries, one underlying zone, NeighborhoodCOM mercial NC -(RSP) on 10 acres of land- Permitted andPermitted uses in the NC Zoning District will combine essential day -today neighborhood goods and services, tourism and visitor -based retail restaurant and linlited entertainment oppomnities,and facilities necessary for the operational demands of such ores. The following uses are permitted in Planning Area V with review of development proposals generally conforming to this Specific Plan and may require submittal of a Site Development Permit, Tempomry Use Permit, or other long or short term approval package at the discretion of the Community Development Department. NEIGHBORHOOD COMM] RCUL NC - (RSP) USES AND STANDARDS The following section delineates tho permitted land use and development smndards for property des- ignated as Neighborhood Commercial NC -(RSP) or? the Sand Use Plan, within Planning Area V. A. Purpose and Intent. To provide for the development and regulation of a range of special- ized neighborhood serving commercial and retail uses oriented to Golf club and resort lifestyle activity, located in areas designated within Planning Area V in the Specific Plan Representative land use includes neighborhood serving commercial and retail use and supporting ancillary func- tions to those uses. B. Permitted Uses. Permitted uses for land designated Neighborhood Commercial NC -(RSP) on the Land Use Plan and/or Proposed Zoning exhibits as Neighborhood Commercial NC -(RSP) includes all currently existing maintenance building serving uses and allowable uses delineated in the Golf Course district description of the La Quinta. Zoning ordinance And as specified herein. C. Temporary & Interim uses. Temporary or recurring outdoor event staging facilities and related uses serving the Cornmetcial use, on-site construction and site guard offices and relocat- able buildings. Temporary sales and marketing buildings and offices are allowed. D. Accessory Uses. Signs, fences and walls, subject to the design criteria set forth in this Specific Plan document as as rNuired by law. Satellite dish and other antennas, subject to this Specific Plan. 3.14 Specific Pian 03-067 C. Other Allowable Uses. Water wells and pumping stations, water tanks and reservoirs, pub- lic flood control facilities and dei ices as necessary to facilitate the CVWD or developer in water management and conservation. F. Development Standards; The following development standards apply to property proposed for development designated on the Land Use Plan and/or Proposed Zoning exhibits as Golf Course Neighborhood Commercial NC -(RSP) and as described within the text of this Specific Plan. Standards are established for Neighborhood Commercial NC — (R.SP) buildings, structures and uses within Planning Area V Neighborhood Commercial and Development Standards These standards apply to all land within Planning Area V as described within the teat and graph- ics. raphics of this Specific Plan. B13ILDING D=OME NT STANDARDS Maximum Structure Height 35 ft.* Maximum Number of Stories 2 Minimum Front Setback 10' Minimum Rear Setback 10' Minimum Parking 11250' GLA Maximurn Lot Coverage (I :A.R.) .25 ** Ttinimurn Building Setback to Avenue 58 25 fl. Minimum Building Setback to Madison Street 25 ft. Minimum Interior/Exterior Side Yard Setbacks 5/10 ft. Maximum Wall Height 10 ft. *Architectural and roof projections not providing habitable or otherwise unusable space,such as chimneys, spires, finials, and similar Features shall be permitted to extend up to ten feet above the maximum wucture. height. ** Maximum lot coverage for the West Tract shall be limited to 60,000 sf. The following uses are permitted in of Plaming Area V. 1. Retail Uses. Retail merchandise sales of limited goods (goods that can be, carried out by the customer), such as antiques, appliances, bicycles, wholesale and/or retail foods, newspaper and magazines, tobacco products, Idtchen and bath shops, video and audio equipment, clothing, pets and pet supplies, vffZce equipment and supplies, party and/or costume rentals, sporting goods, home furnishings, hardware and home improvement items, and other related items. 2. Public Uses. Restaurants and prepared food scrvice facilities including restaurants, deli- catessen, tea, coffee and ice cream shops, pizzerias, and similar uses. Prepare food sold specif- ically pecifically for on-site consumption, with indoorloutdoor seating. Such uses include tine dining and other low to medium turnover restaurant ; cocktail lounges, dinner clubs, sports bar/lounge, bar/gill, night clubs and similar uses, with alcohol sales for on-site consumption only, along with live, recorded or other entertainment in aT outdoors such as music and/or dancing, karaoke, arcade games, pool, billiard or shuffleboard tables, etc. Specific Plan 03-067 3.15 Special Uses. Professional service offices providing limited sales, such as niedical, dental, veterinary clinic, dietician, optician, catering, attorney, real estate, banking, mortgage broker, social and community service offices, property management, financial services, beautician, barber, reproduction service, tailor, cleaners and laundry, postal services, shoe, watch, jewelry and bicycle repair, and similar uses. Offices with larger scale service aspects, such as limousine and auto rental. Indoor or outdoor professional art studios, dis plays and/or galleries, for all artistic endeavors and production, to include Glance, painting, sculpting, ceramics, jewelry, glass blowing, photography, handmade furniture, stone cutting, and similar activities. There may be sales, presentations and displays or demonstrations to the public. 4. Accessory Uses Private parking lots, carports and open-air parting stalls as an accessory use to commercial building uses. Signs in accordance with this Specific Pian. Antennas and satellite dishes in accordance with this Specific Plan. Temporary & interim Uses Site guard offices in relocatable. or modular buildings.** Interim event parting lots for events anticipated to extend over three or more days of use. Temporary outdoor event staging facilities. Temporary outdoor event staging facilities anticipated to extend over three or more days of use. Oth(,rAllowable Else Public indoor assembly/entertainment facilities, such, as auditoriums, theaters, dinner theaters, conference center, gymnasium facilities, concert halls and related. use. Indoor facilities for education, training, self-help and improvernent, hobbies, orvocationai purpose, both ,public and private_ These may be located in any facilities Indoor/outdoor cultural., historic and similar displays and galleries for all types of artifacts and/or artistic media, such as museums, auction houses and consignment room. Such uses tray include sale of display art. pieces- * A single asterisk indicates an allowable use, racpdrir►g approwl of a Conditional Use Permit from the La Quinto Planning C.onumission. ** A double asterisk indicates an Aotvable ww on a tewporary basis requiring oppro+'al fwa fhe La Quinic? Cornnrrrrdty Davelonrnem Director. The permitted uses in Planning Area V do not preclude other similar uses which are com- patible with the specifically identified uses and otherwise meet the criteria for this Specific Plan and the currently approved Neighborhood CornrrmereW District within the La Quinta Zoning ordinance. Any determination on a. proposed use whether listed or unlisted herein may be either inter- nally reviewed by the Community Development Director or Planning Manager or referred to the Planning Commission as a non -hearing item if the Community Development Director or Plaruting Mazrager determines on a case-by-case basis that the public interest would be better served by such referral. 16 Specific Plan 03--067 3.1.6 Planning Area VI Golf Course GG�SP) USES AND STANDARDS Description of Uses in Planning Area VT Within the overall plan boundary, Planning Area VI encompasses 421 acres of development for the Specific Plan 03-067 proposed Golf Course as well as ancillary supporting uses. This Planning Area is located throughout the site. Planning Area VI of the Land Use Plan presently addresses 421 acres within its boundaries, one underlying zone, GC — (RSP). A Specific flan (RSP) overlay for Planning Area STI is proposed to address golf course support- ing uses land use within Planning Area V1 with development regulation and criteria presented herein. The development criteria for other use is delineated for Planning Area VI herein. RE, SIDENTIAL SPECIFIC PLAN (RSP) USES AND STANDARDS The following section delineates the permitted land Use and development standards for property des- ignated as Golf Course Specific Plan GC — (RSP) on the Land Use Plan, within Planning Area V I. A. Purpose and Intent_ To provide for the development and regulation of a range of special- ized golf and open space uses oriented. to Golf club and resort recreation lifestyle and activity, located in areas designated within Planning Area VI inure Specific Plan. Representative land use include golf and open space use and supporting recreation functions to that use, B. Permitted Uses. Permitted uses for land designated GC — (RSP) on the Land Use Plan and/or Proposed Zoning exhibits as GC -- (RSP) includes all currently existing golf serving uses and allowable uses delineated in the Golf Course district description of the La Quinta Zoning ordinance and as specified herein. Sales and marketing buildings and offices are allowed, C. Temporary & Ittterins Uses. Tentpoeary or recurring outdoor event staging facilities and related uses serving the golf course use and on-site construction and site guard offices including relocatable buildings. D. Accessory Uses Limited food and beverage sales throughout the golf course area and accessory facilities (such as comfort stations and vonding booths) to that use. E. OtlterAllowable Uses. Water wells and pumping statioris, fluter tanks and reservoirs, pub - lie flood control facilities and devices as necessary to facilitate the CVWD or developer in water management and conservation. R Development Standards The following development standards apply to property proposed for development designated on the Land Use Plan. and/or Proposed Zoning exhibits as Golf Course Specific Plan 03-067 3.:1.7 GC -- (RSP) and as descnbed within the text of this Specific Plan, Standards are established for Golf Course LDR — (RSP) buildings, structures and uses within Planning Area Vi. Golf Course Building Standards These standards apply to all land within Planning Area VI as described within The text and graph- ics of this Specific Plan. BUILDING DEVELOPMENT STANDARDS Max Building Height Olawl 28 $.*t Max. No. of Stories 2 Mira, Front Yard Setback from: Street or Parking Stall Curb 8 Pedestrian Cifculation Walks 5 Garage/Carport Setback 511. Min. Total Side Yard Setback to fl.** Min. Interior/Exterior Side Yard Setbacks 5 ft. Niax- Allowable Wali Height 8 ft,*** Max. Parking Required Per Current Ordinance t Height is limited ro .22' for a setback of 150' from RO.W, an Medi son & Avenue 5k, 414ot including chirmtiey projections, bell towers, spires, etc. *• AC Units, trellis eletneats, pools, and spas arc alto%ved ro tvcroactt into side+ and rear setback areas. *r 2' of ilic 8' hL may be retaining with b' freestanding. The following uses are permitted in Planning Area Vt. Recreation Uses Golf course use Pool/spa and water recreation uses. 2. 86mi Public Uses Maintenance building uses, and passive and Active opera space area. Parking facilities for employees of the development. 3. Special Uses Fuel storage, ferrtilizer storage, and use incidental to golf course operations 4. Accemory Usac Pr?vate parking lots, carports and open-air parking stalls as an accessory use to maintenance building uses. Signs in accordance with t% Specific Plan. Antennas and satellite dishes in accordance with this Specific Plan. Temporary & Interim Uses Site l uaxd offices in relocatable or modular buildings." 3.18 Specific Plan 03-067 Terrlporary outdoor event staging facilities related to golf operations Temporary outdoor event staging facilities anticipated to extend over three or more days of use.** " A single asterisk indicates an allowable Use requiringapproval of a Condiironal Use Pennii from the La Quinia planning Commission. " A double asterisk indicates an allowable use on a temporary basis requiring approval firam the La Qui2an Comm rrnr4, Dei+eloprueri Director: OPEN SPACE LAND USE Open Space Iand in Planning Area VI is defined by the areas adjacent to the Golf Course Supporting facilities are located on adjacent fingers of greenbelt within the development plan, The following development standards apply to the construction of buildings for supporting golf and residential features (such as restroom buildings) on property designated as Golf Course GC— (RSP)on G(RSP)on the Land Use Pian. ANCILLARY BUILDING DEVELOPMENT STANDARDS Maxc. Building Height 14 f.* Max. No. of Stories 1 Mint. Setback frorn- Street or Parking Stall Curb 2 ft. Pedestrian Circulation Walks 2 ft. Structure Setback 0 ft. Min. Building to Building Setback 5 ft. Mn- Interior/Exterior Side Yard Setbacks to adjacent lot 0 ft, Maximum Allowable Screen. Wali Height 8 ft. *Not including buildingpmx cations that am noaassential to the fimctional space of the building {i.e% bell towm Ga.} which may cxtcnd an additional lb'ta height Specific Plan 03-067 3.19 3.2 SPECIFIC PLAN AMENDMENTS Mnor modifications to the approved Specific Plan 03-067 are allowed at the discretion of the Community Development Director or Designee. Future modifications to the Specific Plan 03-067 mast be consistent with the purpose and intent of the current approved Coral Mountain Specific Pian Amendment. 3.2.1 Specific Pian Amendment Procedures Minor modifications to the approval Specific Plan 03-067 are allowed at the discretion of the Community Development Director or designee. A. Changes That Do Not Require Specific Plan Amendment As development within the Specific Plan 03-067 progresses, it may be demonstrated that certain detail changes are appropri- ate in refinement of the Specific Flan; therefore it is intended drat the Specific Plan Document provide flexibility with respect to the interpretation of the details of project development as well as those items discussed in general terms in the Specific Platt if and when it is determined that changes or adjustments are necessai3, or appropriate, these changes or adjustments sliall be made as an administrative procedure approved by the Community Development Director or designee. After such administrative change has been approval, it shall be attached to the Specific Plan as an addendum, and may be further changed and amended from time to time as necessary. Any such administrative changes do not require a Specific Plan amendment process. The following changes to the Specific Plan may be made without amending the Specific Plan 03-067: The transfer of divelling units from one planning area to another within a single planning area while maintaining the maximum overall Specific Plan dwelling unit number of units. The addition of new information to the Specific Plan maps or Next that do .not change the effect of any regulation. The new information may include more detailed, site-specific information. if this information demonstrates that Planning Area boundaries are inaccu- rately designated, based upon the goals of the Specific Plan, said boundaries may be adjusted to reflect a more accurate depiction of on-site conditions, without requiring a Specific Plan Amendment. Adjustments to the golf corridors may be made resulting in a corresponding change to the adjacent development parcel without the requirement of a specific plan amendment. • Changes to the community infrastructure such as drainage systems, roads, water and sewer systems, etc., which do not have the effect of increasing or decreasing capacity in the project area beyond the specified density range nor increase the backbone infrastruc- ture construction or maintenance costs. Changes That Require A Specific Plait. Airrendfnen4 If it has been determined that the proposed change is not in conformance with the intent of the current Specific Plan approval, the Specific Plan may be amended in accordance with the proce- dures set forth in Chapter 9.240 of the City of La Quinta Zoning Code. 3.20 Specific Plarz 03-062 3.3 DENSITY TRANSFER PROVISIONS The transfer of residential density from one Residential Planning Area to another Residential Planning Area within. the Specific Man 03-067 boundary is permitted based upon the provisions herein. Revisions to the Planning Area Statistical Summaries made in accordance with these pro- visions do not require an amendment to the specific Plan. Transfers of density may be approved to add or reduce tate number of units within a given Residential Planning Area up to but not exceeding 25% of the Target Units for each Planning Area. Residential density may be transferred from any Residential Planning Area, allowing residential development to any other Residential Planning Area allowing residential development regardless of Planning Area location or intensity residential land use category. Within the Planning Area receiving the transferred density, rhe Permitted density treed not be evenly disftibuted to all sub- divisions which comprise the "receiving" Planning Area. Application for Density Transfer shall be made in writing to the Community Development Director or designee and shall include the fol- lowing. Location of properties to be involved in the transfer including the Planning Area or other lot or district designations. The number of units to be transferred from one planned are to another. A calculation of acreage For each affected planning Area showing the current number of allow- able ur).its, the proposed number of allowable units for the effected Planning Areas, and, if the transfer is approved, the increase and decrease (expressed as a percentage of the previous approval unit count). The Community Developnreat Director or designee shalt approve the Density Transfer if the following conditions are octet: The overall goals of the Specific Plan 03-067 as amended are maintained. The full range of housing stock remains available. Community facilities such as schools and parks can accommodate the additional units in the affected area. Infrastructure facilities such as roads, sewer, and water can accommodate the additional units in the affected area. proposed densities are compatible with existing City of La Quinta General flan Land Use desig• nations. Specifie .Plan 03-067 3.21 General Plan Consistency alii~ornia Govemment Cade (Thio 7, Division i, Chapter 3, Article 8, cetiaa 65450 - 65457) permits the adoptiosi and admit station of sptcific plans res an imp?emcntation tool for eiements contained in the local general plan_ Specific. plans roust demomrate consistency in regulations, guidelines and programs with the goals and policies set fords in the general plan. The City of La Quanta 6eneW Plan wntsirs the follovAng olelnen#s; Land Ilse, CircWatiom, Open Space, Parks and Rezreation, EnviTonmend Conservalion, lnfrastrucunr- and Public Services, avis-onmenW iia=ds, Air Quality and Homing lEadi element of the General Flan c mtains a surwnLry of key ivats which direct and guide that element's goals and policies. The sLimmary of key issues is usO in the Sufic Plan 03-067 as the basis for cvahuating the peditc Plaar's consistency wi h the City's Genu] Plan, Appli<c Able key issues are stated below fo Mowed by a statement of cram, the prq ecr s Specific filar[ t -s amended conforms [hereto. 4.1 ANDALUSIA (EAST TRACT) GP CONSISTENCY 4.1.1 LAND [SSE ELEMENT Mainmining the City's low dewji , residential charade{ with a balance of supporting cornrrx oW a[td oommunity facilities_ The Land Use Plan of Specific Plait 03-067 clefig e.� rhe majority of fhes ,site as Low 1)ensdyRe5*krrtiu1 a: well cis Open Space and [tuff `tis[:. uPp+ r ire ,> c orrxrrt rcia perr:f is Plan h7 area' a facew to exiavn orupporthig itrfrasirucnnn The City enjoys a reputation az a desimble lorale. 'alta City's unique and attractive, characteae stems from a cambffi4vu of its environmental setting near the motmains, they "La uin(a" izztnge„_ 7-ne Developer ofthe Specific Plarr 03-067 Master Plat ei.V, yys a fautuYarlon of hosting nadonally recognized golf evontt capifail-ing on, and reinforcing, the City.s Unique sr:afing j&r champEtrwhip goff' recreation aad the notoriety thn Cornes with pmw er spor°tirrg evewr brrrandcasts wnrVct ide. As the Commeraial development eontintaes in the City, potential inwnnpatibilitieF, between land aces will netA to be; addressed, Visual, audible and vdoxifrerous impacts will have to be addressed thsortgh design, buffering, screening attd other mitigation techniques, ,Speck ,Plan 03-0674,5ig gates rhe mqi&r ky of the site a.s Low +Demity l ciderWal 42nd cha? pVw r,shV g�)ff arrwn tre-v Supporang and adjacant dayelopment is planned in u wmety of hergAls anal elavarfors m order to rrrir b:L-e the visual impact whila providing grofflZbeft s'cm� ens to neganv4�- off -property inf ueroax such as traffic no ase arta related lrxa pars s. Specific Plox 03-067 lik I The [rend of walled resided subdivisioris rias resalwd uk many types of pedrueter waU Vcab=ft in time City, The design of blase wads and other elements of the stretscaW should be cooAND t d to create more of a continuo us appeamnoe thmughout the entire Mei-numly. Vie per'irrteter wall heatment sir erred for Specific Picui 03-067 esuzb14hee a consiver1 Mein* via and WWI awaftnenrs ai envisioned 0 the CO in l is ,iit�rer�z�ra1, Maintain the City's low d=d y residential characier with a balance ofsuppoddng commercial and nm -amity facilities. The Laird Uve Plan of the L te Plan 03-067 .Spat fic Plan desigrzales rhe majorzoi of the vile �s Lova Densily Reslden iaL Residential sw-ving conwwrcial dEvelopmenz wplamwel wkhrA the Neighborlwod C'ommer Od load wre of the .S) cif c flan. • Development should toot be allowed on hillsides nor alluvial tan ureas to protect the scenic resources of #lie City! The pMjoa boundary of S vcfic Plan 0.3-067 rs owside of the pristine hi[ Ades and alluvial. fart areas and themfore gwzeraW no bripcsct to these valuable resources. 4.1.2 CIRCULATION ELEMENT Roadway d ssif=doas a tad design suandards should be based on current estirnatt�s of build -out reinerdng approved development pr-ciects. Deveippment srandamx , of perim8ter roadumys are es'1ablhrhed in the Crenieral Plan C'ircrdation Blemens. ExiVing aM propmed roadway lmprovmonu b and around tha project boundary are based can cwgf estimates of bw( our and cxknsiaent i0lb the goals and policks established tri dw C; trcudarion Newm of fhb Crc'rreral Plum. Aliternative Dirculation system improvemznls need to be deveiap-d to relieve traffic c-ongestion along Washington Street Specific -Plan 03-067 abraslldadison andAftmon &me4 werake.vprimeny rdseconda?y acce vs fir i these roai&q .. fmpac,� to t as'binglun &refnr mire rrrinh7t(/I care to the ddstance frov; the project .site. Traffic impacts resulting fi•arn devi�inprnent should be identified thruugh a rnandattry train irnpa,ct analysis process- pevelupm(me projears at S ecifcPlan 03-067 ars sab eer eo rhes requh-ernenr esrablishCd in the I vvJoppui?v Revimi, Process de}bi ted in this Speg6c Peau elociana rt ars amended pedis dart and bicycle networks should be developed whit -b link audvity centers in erder to facilitate irixue, tional waiking and biking and to establish non-automotkt� transportation as a viable alternative, to ddviitg- Intemcd golf c�xq bicycle, and pedestrian aways is incorporwed in rhe Cimudation Pfau for Spedfic Pla); 03-W wrd rx acxorr mdated on IhE! existing andPIOrrrred r aadway syst ra. 4,.i, ,e.cifia Pian 03-067 - The circ Jo tia13 system should be designed ti roai itained fo encourage walking, bicyoling and transit utilization as alio=fives to avwrnobile travel, lmprovemeas to existing transit service, should be oansidered, iacluding provision of additional tmnsit stops on majoF road,.gays and covered Pius shelters €it alb-xisbng and fut= mops. - The devefoprneM along rhe perimeler of Specific Plan 03-067 desi aces locat3om fbr transit srupv and shelter=s. Tlra wer4al ci ulabon sy.stenrs p►+ornof s the rise ofgolf carts, pedeslrrun palhx and sirnal a as a meaty of iniphnizmg velncular time. 4.1.3 OPEN SPACE ELE E T Development on "dune ar s should he enitarr d to accentuate the sonic, topog raphical and cultural resources of the City. Although no areas of "ical dune lana thorn exist within the, ainended Spec f#c Plait boundmy, the ltandycape concept designates tie dune portions of Spec lc Plan 03-067 rr� a valuable resource to be integraled into the overall Mosier Plan of &VWJoP"erg in eirlt�r' lan fforrr) mam and topography or in plant malerial theme, Tlae Champio=hlp Goy. C'our%&,cs pkmved for construction will utilize varied and sfgatr cmpt topogr ophy fir an envh nmen(ally r-e,sponsib[e arra mer to c�are drrarnaric scenic resources. Open spare should b� dexzrcd to #ndu& 1911sidt, areas, alluvial Fans, water courses, golf courses, and natural park areas, natural, imptoved and unimproved types of open space should be included within the dcfwn doa, Lak s- and dramrxtic earrltrcaping are the predor7 mann landscape thetme- xhroughoul. epflc Plan 03-067 lanc0a ape archwaurs ac plamed and will he intograted into the averatt in=tt7 plan gradtrig concept. A-, a Bake to ft City's cultural past, elements of exisring citrus orchards, date palm groves and i'a3ming areas sboWd bi:,- preserve.I Specie Plant 03-167 will �aihze the su ca.sw of tine Rancho La Quiara landscape concept which established Cirrus "Grove -s " as a primary imaging therne in to ,snipe archaecrum Sindlarly. Date Palms will be usaas xhti printery veriicul statement at the errirypoWs to the projacl as well as wixhM lire houluvar'd frrnda eaps chem. Pe rmuted laud uses amd standards for developme,51 is uWii space and watercourse areas should be ideatified. Development Plan 03-067 are delineated in action 3. Zoning and Developwr !nt RAgulations, wUhin this docurnent err vp-loprnew in open .space and water rlourse or s. Specific Plan 03-067 4.3 4.1.4 PARR AND RECREATION ELEMENT Park and r=ea#inrw uses fhauld be located in proximity to residential uses to facilitate pedastrian aoci-ss and should inoIude the provision of appropriate facilities. TAA master plan j nr development wrIhN Spec{ ffc Plan 0,3-067 has, as a prlmary fo4ws, recreation amenifies.for goof tennis, and pax-vive walking wiehin the {+ra? fact ,rite. An mte a#ed bicyoie m1wcrik and %%4 fin Toning pedestrian p 4h system shoo] d be pro,,ided Bike park- c�r'e a pa mr? use of ilu: privace roadway system what Specific .li r* 03-067 with connecnolas to tine exating es'tahl4had nerwork rjf bike patkv on adlaw ci€-Wrinon links. Sewage effluont should be utilized for lame turf (i, e., golf course, active realrcmio ) areas and drought t6:xant plant species should be used to reduce the Lmpact on the potable water supply of the City. When econaini ady feasible. recycled warar .sou7ira ter e +isioned as- o source o irrigatiwx water fir t ele nano of the pfarr tea. D"Oughr m0"fraw plant mtrmrial i&' :r staple of the pale rre within th", glarw arca. 4.1.5 ENVIRONMENTAL CONSERVATION ELEMENT T • Scenic corridors, vistas and view sheds of the Sasha Rosa and Coral Rmf Mountains, as well as views toward the San Gorgonio Pass, shoWd be preserved and cnlsanced Utility resourccs shonid b� conserved utilizing a variety of fenjblO strafu-gaCS. Fac. )cfed wa.ov star will he utihzed at ,Specific Marr 03-967 to suppferrrent irrigatwN derrrands once economfafy available to minhPitag water' consrrrriptiorr_ The City should h -c protc�cked from ft advf-�rsc impacts of storm waw runoff, induding properLy damage as well as wafer quality. F e go ' courses tire A5, igned with "-irt5 widdn tike cc)rridors� to provida srorrm water retention ditrinrg floodin Permitted laid uses and standards fvr dpavdopment in opm space and wai=otwrse areas should be identified. Golf tOWSe use fecitures tfse inle r'WlOn Of 11+We17,5lred Z&na With open space and tyre designed withinthe conldors tri pwwde srorm cewurer m4enlion during. flooding, The quality and gaarttity of gr uidwatrr should be pmwcted and malnWnatl. Water conservation offarts should be mait.ained, expo Wtd and implemerwted. La&s wahin fhe gv f ems-, c, h .rrrdcojj pr wde for swage ofrun-&fb- use rn irrigcTdm 4.4 Specofio Plan 03-067 4.1.6 INFRASTRUCTURE AND PUBLIC SERVICES ELEMIE T Utility resources should be conserved u#slizing a variety effw0k strategies, All sirvehims are, buih to City 7oning and DeRveloprrmeW Code urtd C,k, wq3 brm huddin code .scan dards which implement a strate cif conserm ion elf energy xO resources, AdequsLW levels of law cn� Cement, fire protciioi4 health care services aad &cffities Should be provided in reasonable pr miry to City residents, The Speck .Plan 03-067 project contribidev to rafrastrxrawr- , feeps to rr ligate any rceived impact and provider addiriomd Aecwwy pers-orwel thereby reducing the *equirea M-anpo)ver fns m Me. Czry lox ernforcerr e servfc�s. 'Rue -recycling, reduction and reuse ofwasm genwaled in the City should be skippo3ted by the City. A)l m-xrctuMV are built to City Zomqg and Development Cede and (he uni(b)- rr building e standards which implemni a ;5D zaegy of corrcerma ion of energy nd resour , 1` n queat collection of solid waste and adequatt disposal should be provided to keep the Cit aleaa and disease-free, The Spec4fic Plrin 03-O67 prq) ct cona-ibuta (c) it xrvtrucfttrse fess io Migigare any p4soveived pvpact 4.1.7 I NVURO MENTAL IFIAZARIDS ELEMENT The standards for &%,telopmert should be carefully regulated #o minimi= structural damage ,and lass of life (from earthquw-kes), even though ktre City is focated in a law immensity ground- Olaking zone. A11 strucswm are bunt to 0 Zoning and Development {Carle and the uniform building c"cle sOrmilardc wNch implemant a strategy of comge-r nlion of energy and msrrurcec. The &velopmcttt of areas located within IDO-y r floodplain boundaries and not protected by existing storm water factlitia5 should be addressed - All sn-uclures are built to City Zoning and Devedopmenr C'rrda and the uniform building code standaids• which ifrfplerrierrr a strategy of conservation cf energy arra r&Wurcss. &Adence hazards for the eamte n poTfion of the City dire to its local on within a region a uackeTized by polenha] sail litludadon during semegmuxid shaking should be roduced if possible, X111 st wrArrer ars built to City Zon&qq and Davelopmenr Cods and the ma ovm b uddi X& standards which implemem a strategy of eorrsetwtkrt qfuner& caret m,"xw- 51300ifiG PJew p3,067 4..5 Nano a ruidgatioia should he cansidered with ail developr ont near Sited a] st ts. Sabnc -. fr'orrt adjacent arterkily are )iequirEd by City devOqpvjew regulation. A noime vudy }urs' been prepared for deveJopmanr adjacent to rt mricrls and oVher developmanr ors r u;red by I& City of l u Cher r: Dsvd rpPnew Department • Thr factors that comribute to ft iticreased risk of "ire hazard should be redurA to prOft'd La uiirm citizns and maures frol3x fire damage, All structures are built to City Zaning and Derreloprrrml Code and the mifor m building c'Od* ,starmunis whi implamerrl a stralegi of wnservonon of unP.rgy and re,4ourca- 4.1.8 ,SIR QUALITY ELEMENT The mationary and mobile scnirfce of air quality impcfs associated w ih new development should be addressed. An arwl sis r theAit Quality frac beerprepwed err confaanctran with rhe pmviowb�nec Plan asuendment W. All perceived imrpuco associraed with this pr jecr praposaI will he mitigated to a leW of rmrgn f+eance- • rite Apploantshedl utilize blow sand and dust control measures in accordance with the Uconic a( Code and the 11ni orm Building- Cadie and.subjea to rite approved of the City Engineer Part'i'cular care shall he exercised durbig periods of exfjvam mind a<ctivr(t • 4rr. analyso ofthe Ah, Quality hers bem prrcpmud in corrjr ction -Wilk the prxrvkous pecifPc 1 kin mme ndmear W I, rf if percetrfied impacts assaclated with tris prrrjectl rxxpo,s a will be rrtifigated E0 a level of rnstgn?ficancc- At tine time of subnattal of tertmatee tract reaps or plant for cuiy .rotting Vproval the pplicaul ,stroll u'ewror vtrx to that adequ= pry vivion {las been made for aoff-aulotr fgwe mectw of twnsportallon within the; pmjact .site as a rrrearrs r?f rectucrrrg dgpendence on prrotate cr iomwbifcs. 7hrx way imhak golf' cy rt push systems, bic ck ami pedestrian sysl'emv, and other shniiur .9weam- cunsivcnl with the specific plata. Sgeei lc project dcsl a Mall enccrrrrage the use of public lramil b]r providing for bits stops ctr mquimd by the Commrrrrify DmQlopment Director athd con.vLamr wide the rr..Tvr -emcmu of local h-arrsil districts arra` rhe specifxpla'rr, • Th4, Appleanl Marl( encourage and support the ure of Sumbne Ucrr hzu service and Dial A-Rfde between The pmjecl site, focal airports (e.., Palmi Speings. n(rFMaV and o:tier• reg funal land uga. 41,b Spediv Nn13 03-067 4.2 CORAL MOUNTAIN CLUB (WEST TRACT) GP CONSISTENCY Policy Analysis for the West side of the Project is based on the 2035 City of La Quinta General Plan. California Government Code (Title 7, Division 1, Chapter 3, Article 8, Section 65450 - 65457) permits the adoption and administration of specific plans as an implementation tool for elements contained in the local general plan. Specific plans must demonstrate consistency in regulations, guidelines and programs with the goals and policies set forth in the general plan. This section analyzes the consistency between this Specific Plan and the La Quinta General Plan 2035. The City of La Quinta General Plan 2035 contains the following elements: Land Use, Circulation, Livable Community, Economic Development, Parks, Recreation and Trails; Housing; Air Quality; Energy and Mineral Resources; Biological Resources; Cultural Resources; Water Resources; Open Space and Conservation; Noise; Soils and Geology; Flooding and Hydrology; and Hazardous Materials. Each element of the General Plan 2035 contains a summary of goals which reflect the City's values, aims, and aspirations. They also address the physical development of the City, the protection of people and property from man- made hazards, and the preservation of the City's assets. This amendment to the La Quinta General Plan will facilitate a Specific Plan Amendment adjusting the amount and configuration of previously approved residential, golf course and commercial land uses within a private residential community. The amendment consistent with General Plan policy as outlined in the following sections. Each element's relevant goals are used in the Specific Plan as the basis for evaluating the Specific Plan's consistency with the City's General Plan 2035. Applicable goals are stated below followed by a statement of how the Specific Plan as amended conforms thereto. 4.2.1 LAND USE ELEMENT Land use compatibility throughout the City. The site components are not changing. They were and continue to be compatible with surrounding residential, open space, and neighborhood commercial uses that characterize other gated residential in the vicinity. The project is separated from adjacent uses by surrounding arterial streets and physical topographic barriers, such as Coral Mountain. Off-site development impacts are anticipated to be minimal. High quality design that complements and enhances the City. The project includes detailed design guidelines in Section 2.8 to guide high-quality development throughout the project area. The high-quality design, amenities, and mix of land uses on the site will work to help create a high-quality residential project that will complement existing land uses in the area and enhance the character of the City. A broad range of housing types and choices for all residents of the City. • The project proposes high-quality housing of varying types and sizes with access to resort and recreational amenities, thus enhancing housing choice for potential buyers. Specific Plan 03-067 The project allows for various housing products within the project. Planning Area III designated as Low Density Residential, anticipates detached or attached residential product types with densities up to 4 dwelling units per acre. A balanced and varied economic base which provides a broad range of goods and services to the City's residents and the region. The project includes both neighborhood commercial land uses which will generate revenue and create employment opportunities. The proposed project would increase neighborhood commercial services in an underserved area. 4.2.2 CIRCULATION ELEMENT A transportation and circulation network that efficiently, safely and economically moves people, vehicles, and goods using facilities that meet the current demands and projected needs of the City. The project proposes a private circulation system to provide safe and efficient passage for pedestrians and motorists throughout the site. The project proposes to build out Madison Street, Ave 58 and Ave 60 to ultimate standards per the General Plan. A circulation system that promotes and enhances transit, alternative vehicle, bicycle and pedestrian networks. The project proposes a private circulation system with low -speed, low-volume internal streets that will safely accommodate both vehicles and pedestrians. 4.2.3 LIVABLE COMMUNITY ELEMENT A community that provides the best possible quality of life for all its residents. The project includes elements to address the goal of the Livable Community Element, which generally is intended to assist the City in developing a more united community through resource conservation, built environment enhancement, promotion of alternative forms of transportation, and improvement of community health. The project is consistent with this goal by promoting a high-quality mix of uses residential community that will greatly enhance the built environment, will promote walkability, and provide ample opportunities for active recreation. 4.2.4 ECONOMIC DEVELOPMENT ELEMENT A balanced and varied economic base which provides fiscal stability to the City, and a broad range of goods and services to its residents and the region. Specific Plan 03-067 The project promotes a balanced and varied economic base for the City by accommodating a neighborhood commercial center. Additionally, the residential use will incrementally increase demand for commercial goods and services in the region, thus enhancing the economy. The continued growth of the tourism and resort industries in the City. The project promotes the continued growth of the tourism and resort industries in La Quinta by creating a high quality residential community designed to accommodate short term vacation rentals to house new residents and visitors. 4.2.5 PARKS, RECREATION AND TRAILS ELEMENT A comprehensive system of parks, and recreation facilities and services that meet the active and passive needs of all residents and visitors. The project designates areas set aside for golf coursemopen space uses that will provide recreational opportunities for residents of the community. 4.2.6 HOUSING ELEMENT Provide housing opportunities that meet the diverse needs of the City's existing and projected population. The project anticipates the development of residential housing at densities up to 4 dwelling units per acre, thus contributing to the City's market rate housing stock. Conserve and improve the quality of existing La Quinta neighborhoods and individual properties. The project will complement the surrounding residential communities with neighborhood commercial, recreational open space, and residential uses that are consistent with the character of existing neighborhoods in the vicinity. Provide a regulatory framework that facilitates and encourages energy and water conservation through sustainable site planning, project design, and green technologies and building materials. The project promotes water conservation through the use of drought tolerant plant materials and water efficient irrigation techniques. The project will comply with all City and water district regulations and building codes for water conservation, energy efficiency, and building standards. The project will also comply with all applicable green building requirements. 4.2.7 WATER RESOURCES ELEMENT The efficient use and conservation of the City's water resources. The project promotes water conservation through the use of drought tolerant plant materials and water efficient irrigation techniques. The project will comply with all Specific Plan 03-067 City and Coachella Valley Water District regulations and building codes for water conservation. 4.2.8 OPEN SPACE AND CONSERVATION ELEMENT Preservation, conservation and management of the City's open space lands and scenic resources for enhanced recreational, environmental and economic purposes. The project includes significant open space amenities. It retains the slopes of Coral Mountain without disturbance and includes a golf -based recreational amenity for use by community residents and guests. The project incorporates connections to the public sidewalk and public trail system for convenient walking, jogging, and biking activities. 4.2.9 NOISE ELEMENT A healthful noise environment which complements the City's residential and resort character. The project establishes standard residential, golf, and neighborhood commercial uses with noise levels identical to existing gated resort communities in the area. All uses will be subject to the City's noise ordinance. Noise levels on Avenue 58 and Madison Street are not excessive and the project is buffered by a perimeter community wall. Specific Plan 03-067 PLANNING COMMISSION RESOLUTION 2024-004 TENTATIVE TRACT MAP 2023-0005 (37815) ABIREVIA110M �" Go�G".L rurs n„.trtir•n rl sece]ID .. A— rtFwOe,-�[ -- rtG1�iS �tlu �i �3wwyT�TERws1 sx= r — — — r — — — — — — — — — — — — — — — — — — — —•-1 'k2• ` - ULTIMAJE,21W (40 FROM CL) J EX. R/W (30FROM CLI j— IN.13ror•e nosa _ AV€NUE 60 _ _ — „ '—STREETClL C_ ------------DEIC(N.1.S.1 — — AR l ... L----------- --LDT6----�r-- DETAIL A (N.1.S I ------ - N0•37'3s L01 i I MOS -52 f I I.tln,ArL...—-ES.e.E.LDInD.[, I I I I I I I I DETAIL R (N.T.S.) IN THE CITY OF 4 QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT MAP NO. 37815 FOR FINANCING PURPOSES EXHI9H DATE: JULY 113. 2D23 REVISIONS LFRF�R DATA TABLE -RHI..XR. V.TRL A lF 12 OAD.M BDUu:Ee COLOR?DO Y?D? <OxrAcr' s �v � dlwl(wc Ilnya''LHa — DIrYFtlI roto cm)s :n['L •.1.. RRDA9T ]n.R,'IL3 i:�PEDL.'E :.NO nixtC[ � JHlvrl: Y'J2F ua.yc• N01Le LnI. y II ADD0.w5' 1111 Ir I'Jw AJLIOyv': Eul_`Sk IE'M' MWlR) W 3 RI.1'::tc Y.[3 DtN t r[Dlroso Lou Ia.aar rr; Deur:. � ; t u .N.—E.1 ILAN LSA ousr Inns S.vn RRuea •xRd<a[✓s[.OwnNR IyDfl=_ 1n I HF : cX:ul.'I.nvMur wlnrRJCTxa 17112.-11. 1n 0 Esu ET �ilm[Orxa� axes. rJRwn� pnFLwiuoON erlo•:v.Mil�Di _ el:�vl. itii�lcn lnesruntiiv_aixliv '=.nu.:veY< Qnuy55 u,v .rn.v,.. ..Iw.l .NxS n. inl r•.— INDRf�r:>JxC .irfiWsxwf.Rr.:. C un uk{iM .1t .. i.. .,n %r. n, mr,R.��:f rniwvnln.. xN'Ar rdr�>asveei xl. al..11 AI `z 151K 1aw 4 uY� NJ�fa'Wi OFI`R I]SIXe:I N �M 4.? i:[%41MA'A: [7 V' F,R VN N Q n+rAsv r.r..�r mfrnra nu ,tr— ,c ») iirnmn1r•nlnnrnln JrUl �. -It -1 rt•t:R:_1N 16a 1n51 FA Snrn'e �� tr; rmul: aLYlnl x. c,vucxN a. nonu InILY:.m::e vu[ «..rs Aw Iry :�Rr n w x �• .,: aLOD;x [:wtw,r]uY.s_non a�o- IRr.<rnnc;u;Xa:arrxx5lm•r R:r:,ur.�yscR ,[wlu ac ie�s Lrx'.ilLns AlDaue:c oxnlrn..nr xrwALl.[slul.. Lolt N t f VIcvmllymm .,.3 SITE I I _ MdSACONSULTING.I''' ( ..r. ..—.. tea.." ...1 a -r=.• r.. .nLeIS EXHIBIT D - IuxL •� — — —o —EAlLE CO NL`}IR_IL � _ — � '. _ _ti r�. rrAnwtrirr x Il.. I .: ,r.l ,:rv�•.�r _ .' .._. I Irrctmon Li trn uaor II I � 1 r � — ..?•�. tel. '. iii -� �....... r•...��. I S „.' ' •• 4IA` — ArVEl14E 60 - - — _ — _ �`>t�LFFf� I �l .�••••.• , - nLenrmw0150i5Twr,et WAIL IN THE CITY OF 4 QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT MAP NO. 37815 FOR FINANCING PURPOSES EXHI9H DATE: JULY 113. 2D23 REVISIONS LFRF�R DATA TABLE -RHI..XR. V.TRL A lF 12 OAD.M BDUu:Ee COLOR?DO Y?D? <OxrAcr' s �v � dlwl(wc Ilnya''LHa — DIrYFtlI roto cm)s :n['L •.1.. RRDA9T ]n.R,'IL3 i:�PEDL.'E :.NO nixtC[ � JHlvrl: Y'J2F ua.yc• N01Le LnI. y II ADD0.w5' 1111 Ir I'Jw AJLIOyv': Eul_`Sk IE'M' MWlR) W 3 RI.1'::tc Y.[3 DtN t r[Dlroso Lou Ia.aar rr; Deur:. � ; t u .N.—E.1 ILAN LSA ousr Inns S.vn RRuea •xRd<a[✓s[.OwnNR IyDfl=_ 1n I HF : cX:ul.'I.nvMur wlnrRJCTxa 17112.-11. 1n 0 Esu ET �ilm[Orxa� axes. rJRwn� pnFLwiuoON erlo•:v.Mil�Di _ el:�vl. itii�lcn lnesruntiiv_aixliv '=.nu.:veY< Qnuy55 u,v .rn.v,.. ..Iw.l .NxS n. inl r•.— INDRf�r:>JxC .irfiWsxwf.Rr.:. C un uk{iM .1t .. i.. .,n %r. n, mr,R.��:f rniwvnln.. xN'Ar rdr�>asveei xl. al..11 AI `z 151K 1aw 4 uY� NJ�fa'Wi OFI`R I]SIXe:I N �M 4.? i:[%41MA'A: [7 V' F,R VN N Q n+rAsv r.r..�r mfrnra nu ,tr— ,c ») iirnmn1r•nlnnrnln JrUl �. -It -1 rt•t:R:_1N 16a 1n51 FA Snrn'e �� tr; rmul: aLYlnl x. c,vucxN a. nonu InILY:.m::e vu[ «..rs Aw Iry :�Rr n w x �• .,: aLOD;x [:wtw,r]uY.s_non a�o- IRr.<rnnc;u;Xa:arrxx5lm•r R:r:,ur.�yscR ,[wlu ac ie�s Lrx'.ilLns AlDaue:c oxnlrn..nr xrwALl.[slul.. Lolt N t f VIcvmllymm .,.3 SITE I I _ MdSACONSULTING.I''' ( ..r. ..—.. tea.." ...1 a -r=.• r.. .nLeIS EXHIBIT D PLANNING COMMISSION RESOLUTION 2024-004 DEVELOPMENT AGREEMENT 2023-1000 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk EXHIBIT E 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 CM WAVE DEVELOPMENT LLC r: 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 CM Wave Development LLC, a Delaware limited liability company ("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 Section 65865 of the Government Code, City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Developer owns certain real property, consisting of approximately 386 acres, located south of Avenue 58, north of Avenue 60, and west of Madison Street, in the City of La Quinta, County of Riverside, State of California, as more particularly described in Exhibit "A" attached hereto and shown on the Site Map attached hereto as Exhibit `B" (the "Site"); and Developer has proposed to develop a master -planned residential community with up to 750 homes, an 18 -hole golf course and other open space and private recreational amenities, , and up to 60,000 square feet of neighborhood commercial uses (collectively, the "Project"). The Project is more fully described in, and subject to (i) this Agreement, (ii) the Andalusia Specific Plan (Specific Plan No. SP 03-067), as amended by Amendment No. 5 ("Specific Plan"); (iii) the Environmental Impact Report prepared for the Project, approved and certified by the City Council on , by City Council Resolution No. (the "EIR"); (iv) General Plan Amendment No. GPA 2023- ; (v) Zone Change No. ZC 2023- ; (vi) Tentative Tract Map No. TTM 2023- , and (vii) any future discretionary or ministerial approvals and/or permits issued for the Project (collectively, the "Project Site Development Permits"); (viii) any future subdivision maps approved for the Project (collectively, the "Future Tract Maps"); and (ix) the conditions of approval associated with each and all of the foregoing approvals (collectively, the "Conditions of Approval"). The documents, permits, approvals, and conditions described in the foregoing clauses (i) -(ix) are collectively referred to herein as the "Project Approvals," and are, or when approved or issued shall be, on file with the City Clerk. D. The Project and the Site constitute and affect only a portion of the property subject to Specific Plan No. SP 03-067, and neither this Agreement nor any other aspect of the Project Approvals shall impose any conditions, restrictions, or mitigation measures on the other portion of property subject to Specific Plan No. SP 03-067 located on the east side of Madison Street (the "Andalusia Country Club Project"). E. Developer owns fee simple title to the Site, and by their execution of this Agreement, City and Developer consent to recordation of this Agreement against the Site. -1- F. Consistent with Section 9.250.030 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. G. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On , 2024, 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: 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 "Administrative Adjustment" shall have the meaning set forth in Section 2.2. 10 of this Agreement. 1.1.2 "Affiliated Party" shall have the meaning set forth in Section 1.8.3 of this Agreement. 1.1.3 "Agreement" means this Development Agreement and all amendments and modifications thereto. 1.1.4 "Annual Mitigation Payment Date" shall have the meaning set forth in Section 3.6.2 of this Agreement. -2- 1.1.5 "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 (as amended by GPA 2023-__), the Zoning Ordinance (as amended by Zone Change 2023-__), and the Specific Plan. Additionally, notwithstanding the language of this Section or any other language in this Agreement, all specifications, standards and policies regarding the design and construction of public works facilities, if any, shall be those that are in effect at the time the Project plans are being processed for approval and/or under construction. 1.1.6 "Assignment and Assumption Agreement" shall have the meaning set forth in Section 1.8.1 of this Agreement. 1.1.7 "CC&Rs" means the Declaration(s) of Covenants, Codes, and Restrictions, recorded against all or a portion of the Site, as set forth in Section 3.8 of this Agreement. 1.1.8 "CDFW" means the California Department of Fish and Wildlife, a state agency. 1.1.9 "CEQA" means the California Environmental Quality Act (Cal. Public Resources Code Sections 21000 et seq.) and the State CEQA Guidelines (Cal. Code of Regs., Title 14, Sections 15000 et seq.). 1.1.10 "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. 1.1.11 "City Council" means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867. 1.1.12 "Conditions of Approval" shall have the meaning set forth in Recital C. 1.1.13 "Coral Mountain Annual Mitigation Fee" shall have the meaning set forth in Section 3.6.2 of this Agreement. The Coral Mountain Annual Mitigation Fee may also be referred to as the "Coral Mountain Residential Unit Fee". 1.1.14 "CVMSHCP" means the Coachella Valley Multiple Species Habitat Conservation Program, as described in the EIR and as approved by the California Department of Fish and Wildlife with issuance of a Natural Community Conservation Plan (NCCP) Permit on September 9, 2008, and the U.S. Fish and Wildlife Service with the issuance of the final permit on October 1, 2008, for the CVMSHCP. 1.1.15 "Development Director" means the Design and Development Director for the City or designee. 1.1.16 "Developer" has the same meaning as in the preamble to this Agreement. -3- 1.1.17 "Development Agreement Act" means Section 65864 et seq., of the California Government Code. 1.1.18 "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. 1.1.19 "Discretionary Permits" means any permits, approvals, plans, Future Tract Maps, inspections, certificates, documents, and licenses that require a Discretionary Action, including, without limitation, site development permits, grading permits, stockpile permits, and encroachment permits. 1.1.20 "Effective Date" shall have the meaning set forth in Section 1.3 of this Agreement. 1.1.21 "Environmental Impact Report" or "EIR" shall have the meaning set forth in Recital C of this Agreement. Agreement. 1.1.22 "Finance District" shall have the meaning set forth in Section 4.4 of this 1. 1.23 "Future Tract Maps" shall have the meaning set forth in Recital C. 1. 1.24 "General Plan" means the General Plan of the City. 1.1.25 "Impact Fees" means impact fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed on and in connection with new development by City. Notwithstanding anything herein to the contrary, none of the following shall constitute Impact Fees: (i) Processing Fees, (ii) impact fees, linkage fees, exactions, assessments or fair share charges or other similar fees or charges imposed by other governmental entities and which City is required to collect or assess pursuant to applicable law, including, without limitation, school district impact fees pursuant to Government Code Section 65995, fees required pursuant to the Coachella Valley Multiple Species Habitat Conservation Plan, and the Transportation Uniform Mitigation Fee, or (c) other City-wide fees or charges of general applicability, provided that such City-wide fees or charges are not imposed as an impact fee on new development. 1.1.26 "Insubstantial Modification' shall have the meaning set forth in Section 6(a) of this Agreement. 1. 1.27 "Ministerial Permits and Approvals" means the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions required to be taken by City in order for Developer to implement, develop and construct the Project and the Mitigation Measures, including without limitation, building permits, foundation permits, and other similar permits and approvals which are required by the La Quinta Municipal Code and Project plans and 13 other actions required by the Project Approvals to implement the Project and the Mitigation Measures. Ministerial Permits and Approvals shall not include any Discretionary Actions or Discretionary Permits. 1.1.28 "Mitigation Measures" means the mitigation measures described in the EIR and in the Mitigation Monitoring Program approved and adopted for the Project. 1. 1.29 "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. 1.1.30 "Non -Assuming Transferee" shall have the meaning set forth in Section 1.8.2 of this Agreement. 1. 1.31 "Operative Year" shall have the meaning set forth in Section 3.6.2 of this Agreement. 1.1.32 "Parties" means collectively Developer and City. Each shall be referred to in the singular as a "Party". 1.1.33 "Planning Area" shall mean an area designated on the Site Map as a planning area. 1.1.34 "Planning Commission" means the City Planning Commission and the planning agency of the City pursuant to California Government Code Section 65867. 1.1.35 "Processing Fees" means all processing fees and charges required by City to cover the City's cost of processing permits and other land use entitlements and conducing the associated inspections, including, but not limited to, fees for filing land use applications, plan check fees, inspection fees, and other processing or administrative fees. Processing Fees shall not include Impact Fees. The amount of the Processing Fees to be applied in connection with the development of the Project shall be the amount which is in effect on a City-wide basis at the time an application for the City action is made. Notwithstanding the language of this Section or any other language in this Agreement, Developer shall not be exempt from the payment of fees, if any, imposed on a City-wide basis as part of City's program for storm water pollution abatement mandated by the Federal Water Pollution Control Act of 1972 and subsequent amendments thereto, unless a waiver of these fees is provided by City in a subsequent agreement. Section 3.1. Agreement. 1.1.36 "Project" means development of the Site as set forth in more detail in 1.1.37 "Project Approvals" shall have the meaning set forth in Recital C. 1.1.38 "Public Facilities" shall have the meaning set forth in Section 4.4 of this -5- 1.1.39 "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 in accordance with the Project Approvals; 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 the Project in accordance with the Project Approvals, such New Laws shall apply to the Project only if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis (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 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 significant loss of funds or loss of access to significant funding or other resources), or (4) necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Agreement). 1. 1.40 "Schedule of Performance And Phasing Plan" means the schedule for the development of the Project as set forth in Exhibit "H" attached hereto and incorporated into this Agreement by this reference. 1. 1.41 "Short -Term Vacation Rental(s) Regulations" means Chapter 3.25 (or successor chapter) of the La Quinta Municipal Code that governs the application, permitting, renewal, use, operation, penalties, and other provisions relating to short-term vacation rentals in the City, in effect at the time during the Term of this Agreement, except to the extent any provision in Chapter 3.25 directly conflicts with the rights vested as set forth in Section 5 of this Agreement. 1.1.42 "Site" means approximately 386 acres of real property located south of Avenue 58, north of Avenue 60, and west of Madison Street, in the City of La Quinta, County of Riverside, State of California. The Site is legally described in the Site Legal Description and depicted in the Site Map., attached hereto as Exhibits A and B, respectively. 1.1.43 "Site Development Plan" shall have the meaning set forth in Section 9.180.020 of the La Quinta Municipal Code. 1. 1.44 "Site Legal Description" shall mean the legal description of the Site as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference. 1.1.45 "Site Map" means the map of the Site and immediately adjacent properties, which is attached hereto as Exhibit B and incorporated herein by this reference. 1. 1.46 "Specific Plan" shall have the meaning as set forth in Recital C. INI 1. 1.47 "Term" means the period of time for which the Agreement shall be effective in accordance with Section 1.2 herein. 1. 1.48 "TOT" means Transient Occupancy Tax levied by the City, in accordance with Chapter 3.24 of the La Quinta Municipal Code and applicable state law, and deposited into the City's general fund after remittance by all operators (or other entities or individuals) subject to the tax. 1. 1.49 "Transferee" means individually or collectively, Developer's successors in interest, assignees or transferees of all or any portion of the Site. 1.1.50 "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). 1.1.51 "Vesting Date" means the later of (i) the Effective Date of this Agreement, and (ii) the running of all applicable statute of limitations and referendum petition deadlines to challenge the Project Approvals with no legal challenge or petition having been filed or submitted, or if filed or submitted, successfully resolved to the satisfaction of Developer and City. 1. 1.52 "Zoning Ordinance" means Title 9 of the La Quinta Municipal Code. 1.2 Term. k 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. 1.4 Statement of Benefits and Consideration. The Parties have determined that a development agreement is appropriate for the 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 a valid, 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 Ordinance -7- No. 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 operation of the Project 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 can be constructed and operated during the Term of this Agreement in accordance with the Applicable Rules and this Agreement. 1.5 City CEQA Findings. City finds that review of the environmental impacts of this Agreement, and the Project as a whole, has been conducted in accordance with the provisions of CEQA and the State and local guidelines adopted thereunder, and City has given consideration to such environmental review prior to its approval of this Agreement and the Project, and has undertaken all actions necessary to comply with CEQA. 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 Section 65867-65868, 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 under this Agreement. 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 Specific Plan, (iv) provisions for the reservation or dedication of land, (v) conditions, terms, restrictions or requirements for subsequent discretionary actions, or (vi) monetary obligations of Developer (hereinafter an "Insubstantial Modification"), and that can be processed under CEQA as exempt from CEQA, or with the preparation of an Addendum to the EIR, shall 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 designee shall determine, in the City Manager's sole discretion but not to be unreasonably withheld: (1) whether the requested modification constitutes an "Insubstantial Modification," as defined herein; (2) whether the requested modification is consistent with In Applicable Rules (other than that portion of this Agreement sought to be modified); and (3) whether the requested modification tends to promote the goals of this Agreement. If the City Manager or 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 and recorded in the Recorder's Office. Any such Insubstantial Modification shall not be deemed an "amendment" to this Agreement under Government Code Section 65858. (b) Substantial 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) Amendment Exemptions. City approval of (1) administrative adjustments to a Project Approval, as defined in Section 2.2.10 of this Agreement, in conformity with Applicable Rules and this Agreement, shall not require a modification or amendment to this Agreement and shall automatically be deemed to be incorporated into the Project and vested under this Agreement. Likewise, City approval of any minor amendments or modifications to any Exhibit to this Agreement shall not require a modification or amendment to this Agreement and shall automatically be deemed to be incorporated into this Agreement and vested hereunder. (d) 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 amendment would materially alter the rights or obligations of such assignee/transferee hereunder. In no event shall the signature or consent of any Non -Assuming Transferee be required to amend this Agreement. 1.6.1 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. 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. As to any specific lot containing a residential dwelling within the Project, this Agreement shall terminate as to such lot upon the issuance by the City of a certificate of occupancy for the dwelling and the close of escrow of the initial sale of that dwelling, save and except only those rights and obligations expressly stated in this Agreement to survive termination. In 1.8 Assignment of Interests, Rights and Obligations. Developer may transfer or assign all or any portion of its interests, rights or obligations under the Project Approvals to third parties acquiring an interest or estate in 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 Site (other than a transfer or assignment by Developer to an affiliated party, a "Mortgagee", or a "Non -Assuming Transferee" (as defined in Section 1.8.2 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 the Project Approvals. Such Assignment and Assumption Agreement may: (i) release Developer from obligations under the Project Approvals (including this Agreement) pertaining to that portion of the 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 improve that portion of the 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) Except as provided in Section 1.8.2 of this Agreement, Developer shall obtain City's prior written consent to any Assignment and Assumption Agreement, which consent shall not be unreasonably withheld, conditioned or delayed. City may refuse to give its consent only if, in light of the proposed transferee's reputation and financial resources, such transferee would not in City's reasonable opinion 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 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 Site or the portion thereof sold or transferred, as applicable, and (d) City has 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. (d) 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. No breach or default hereunder by any person succeeding to any portion of Developer's obligations under this Agreement shall be -10- 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) Provided any assignment is consistent with the Development Agreement Act and Development Agreement Ordinance, 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 Non -Assuming Transferees. Except as otherwise required by Developer, in Developer's sole discretion, the burdens, obligations and duties of Developer under this Agreement shall terminate with respect to: (i) any single residential parcel conveyed to a purchaser, or (ii) any property that has been established as one or more separate legal parcels and conveyed for open space, park, or similar nonresidential/noncommercial uses. Neither an Assignment and Assumption Agreement nor City's consent shall be required in connection with subsections (i) and (ii) above as long as Developer continues to assume obligations with respect to the portion that is transferred, or can otherwise demonstrate bonds and/or other financial security will satisfy these obligations, and in such case the transferee in such a transaction and its successors ("Non -Assuming Transferees") shall be deemed to have no obligations under this Agreement (except for obligations which extend to the individual units, single residential parcels, and any other parcels or property subject to the Declaration of Covenants, Conditions and Restrictions (CC&R) provisions which implement this Agreement) but shall continue to benefit from the vested rights provided by this Agreement until this Agreement is terminated with respect to that parcel under Section 1.7 of this Agreement. Nothing in this section shall exempt any property transferred to a Non -Assuming Transferee from payment of applicable fees and assessments or compliance with applicable conditions of approval. 1.8.3 Transfers to Affiliated Parties. Developer, or any "Affiliated Parry" of Developer, may at any time and without City's prior written consent, transfer all or any portion of its rights and obligations under this Agreement to any "Affiliated Party" of such Transferor and, in connection with the transfer of any such obligations, be released from such obligations; provided, however, that Developer and the Affiliated Party duly execute (in recordable form) an Assignment and Assumption Agreement in a form approved by the City Manager and City Attorney, and Developer deliver said agreement to the City to ensure, among other terms and conditions, the City has the current address and notice information for any Affiliated Party that assumes all or any portion of Developer's rights and obligations under this Agreement. Any Assignment and Assumption Agreement between Developer and any Affiliated Party(ies) shall be recorded in the Recorder's Office upon complete execution by the parties thereto after approval of the form by the City Manager and City Attorney. As used herein, the term "Affiliated Party" shall mean any entity that owns fifty-one percent (51 %) or a controlling interest in Developer. The City shall have the right to request and review any and all articles of incorporation, bylaws, operating agreements, and other related governing documents of any Affiliated Party to confirm compliance with the requirements of this Section 1.8.3. -11- 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 premises, purposes and intentions set forth in the Recitals of this Agreement, Developer 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 City. 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 premises, purposes and intentions set forth in this Agreement, City hereby agrees as follows: 2.2.1 Vested Entitlement to Develop. Developer has the vested right to develop the 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 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 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; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the earlier of the final approved City inspection of the completed development on such phase, parcel, or lot, or the issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent they would apply without this Agreement: (i) all Applicable Rules; (ii) all New Laws applied to Developer through the City's Reserved Powers; -12- (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract maps, and building permits; and (iv) the payment of all applicable fees in effect on the Effective Date 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, except as otherwise set forth in this Agreement. 2.2.2 Changes in Applicable Rules. (A) Nonapplication of Changes in Applicable Rules. Any change in, or addition to, the Applicable Rules, including, without limitation, any change in the General Plan or Specific Plan, zoning or building regulation, adopted or becoming effective after the Effective Date, including, without limitation, 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 would, absent this Agreement, otherwise be applicable to the Site and/or to the Project and which would conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, or in any way reduce the development rights and allowances provided by this Agreement, shall not be applied to the Site or the Project unless such changes represent an exercise of City's Reserved Powers, or are otherwise agreed to in this Agreement. Notwithstanding the foregoing, Developer may, in its sole discretion, consent to the application to the Project of any change in the Applicable Rules. (B) Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development of the 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. (C) Changes Mandated by Federal or State Law. This Agreement shall not preclude the application to the 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. -13- 2.2.3 Subsequent Development Review. 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 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 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 or unreasonably condition any approvals and/or permits which must be issued by City in order for the Project to proceed, provided that Developer reasonably and satisfactorily complies with all City-wide standard procedures for processing applications for such approvals and/or permits. Nothing in this Agreement shall be interpreted to require the City to issue a permit or approval that is inconsistent with the Applicable Rules. 2.2.5 Moratoria or Interim Control Ordinances. In the event an ordinance, resolution, policy, or other measure is enacted, whether by action of City, by initiative, or otherwise, which relates directly or indirectly to the Project or to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Site, or the use of the Site (or any portion thereof) as authorized by this Agreement, or the implementation of the Mitigation Measures adopted in connection with approval of the Project, City agrees that such ordinance, resolution or other measure shall not apply to the Site, the Project or this Agreement, unless such changes are lawfully adopted pursuant to the Reserved Powers and do not conflict with any provisions of this Agreement. 2.2.6 Reserved. 2.2.7 Impact Fees. Notwithstanding any provisions in this Agreement regarding the type, amounts, and rates of Impact Fees to the contrary, the Impact Fees imposed by City with respect to the Project shall be only those Impact Fees in full force and effect as of the Effective Date, in the amounts/rate in effect at the time such fees are paid. 2.2.8 Timeframes and Staffing for Processing and Review. City agrees that expeditious processing of Ministerial Permits and Approvals and Discretionary Actions, if any, and any other approvals or actions required for the Project are critical to the implementation of the Project. In recognition of the importance of timely processing and review of Ministerial Permits and Approvals and Discretionary Actions, City agrees to reasonably cooperate with Developer to establish time frames for processing and reviewing such Ministerial Permits and Approvals and Discretionary Actions and to comply with any timeframes established in the Project Approvals. City further agrees to timely process and approve all Ministerial Permits and Approvals, so long as they are consistent with the terms of this Agreement, the Applicable -14- Rules, and the Project Approvals, and agrees to exercise its discretion concerning Discretionary Actions in manner that is consistent with the terms and conditions of this Agreement. 2.2.9 Extension of Tentative Maps. In accordance with Government Code Section 66452.6(a)(1), all tentative subdivision maps and tentative parcel maps, whether vesting or not, which may be approved by the City in connection with the development of the Project, shall be extended for the greater period of (a) twenty (20) years or (b) such maximum total time as is permitted in accordance with the Subdivision Map Act (Government Code Sections 66410 et seq.) or Applicable Rules. 2.2.10 Project Approval Adjustments. To the extent permitted by state and federal law, any Project Approval may, from time to time, be amended or modified in the following manner: (a) Administrative Adjustments. Upon the written request of Developer for a modification to a Project Approval (other than this Agreement), the Development Director or designee, in consultation with the City Engineer, shall determine: (i) whether the requested modification is minor when considered in light of the Project as a whole, and (ii) whether the requested modification is consistent with Applicable Rules (other than that portion of the Applicable Rules sought to be amended). If the Development Director or designee, in consultation with the City Engineer, determines, in his/her reasonable judgment, that the proposed modification is both minor and consistent with Applicable Rules (other than that portion of a Project Approval sought to be amended), the modification shall be determined to be an "Administrative Adjustment" and the Development Director or designee, in consultation with the City Engineer, may, except to the extent otherwise required by state or federal law, approve the Administrative Adjustment without notice and public hearing. For the purpose of this Section 2.2.10, and by way of example only, site plan review, architectural review, lotting pattern changes, changes in pedestrian paths, tentative subdivision map amendments (including lotting patterns and street alignments) which are minor and will not have a substantial or material impact on traffic circulation as described for each such area in the Specific Plan, substitutions of comparable landscaping for any landscaping shown on a landscape plan, minor variations in the location of lots or homesites that do not substantially alter the design concepts of the Project, final locations of floating park sites, floating public facility sites, and minor variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, may be treated as Administrative Adjustments by the Development Director and the City Engineer. (b) Non -Administrative Amendments. Any request of Developer for a modification to a Project Approval (other than this Agreement), which is not approved as an Administrative Adjustment as set forth above, shall be subject to review, consideration, and action pursuant to Applicable Rules. -15- 3. DEVELOPER'S OBLIGATIONS 3.1 Development of the Project; Planned Development. 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 time to time consistent with the terms hereof, the Project shall consist of a mixed-use resort development with the following components: (A) Up to 60,000 square feet of neighborhood commercial development with associated parking, circulation and landscaping improvements on approximately 7.7 acres on a portion of "Planning Area V"; (B) Up to 750 single-family residential dwellings and related recreational and open space amenities and infrastructure improvements on approximately 191.8 acres on a portion of "Planning Area III"; (C) A golf course and other recreational amenities, as well as related facilities and infrastructure improvements on approximately 184.9 acres on a portion of "Planning Area VI" and related facilities and infrastructure improvements; and (D) Allowance of short-term vacation rentals pursuant to Article 5 of this Agreement and as permitted under the Specific Plan. Developer shall develop the Project only in accordance with the terms of this Agreement, the Applicable Rules, the Project Approvals, and the Schedule of Performance And Phasing Plan as that schedule may be modified pursuant to mutual written agreement of the parties or extended pursuant to Section 8.2 of this Agreement. If any item of performance is not completed in accordance with the Schedule of Performance And Phasing Plan, then following the notice and cure periods set forth in Sections 6.1 and 6.2 of this Agreement, the City shall have the right to terminate the Agreement as to the specific portion of the Project that has not been completed in accordance with the Schedule of Performance And Phasing Plan, subject to the procedures described in Section 6.3 of this Agreement. Except as set forth in this Section 3. 1, Developer is not obligated to affirmatively act to develop all or any portion of the Site, pay any sums of money, dedicate any land, indemnify any party (save and except Developer's obligation to indemnify the City for all costs associated with any legal challenge to this Agreement or the Project Approvals), or to otherwise meet or perform any obligation with respect to the Site, except and only as a condition to the development of the Project. When Developer develops any portion of the Site, Developer shall comply with the terms of this Agreement, the Applicable Rules, and the Project Approvals governing development of the Site or any portion thereof. 3.2 Compliance with Government Code Section 66473.7 Developer shall comply with the provisions of Government Code section 66473.7 with respect to any Tract Maps prepared for the Project. -16- 3.3 Project Design Features Referenced in EIR. As a condition of development, Developer shall incorporate into the Project all project design features identified in the EIR and included as part of the "project" evaluated in the EIR and its technical studies, if applicable to Alternative 2 in the EIR, as specifically identified in Exhibit "C" attached hereto. Developer's compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement. 3.4 Mitigation Monitoring Program. As a condition of development, the Developer shall also comply with the mitigation monitoring program set forth in Exhibit "D" attached hereto (the "Mitigation Monitoring Program"), and Developer's compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement. 3.5 Conditions of Approval. As a condition of development, the Developer shall also comply with the conditions of approval attached hereto as Exhibit "E," and Developer's compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement. Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit `B" may be applicable to the Project if and as associated with future Project approvals, to the extent such additional conditions of approval are consistent with the terms of this Agreement. 3.5.1 CVMSHCP Compliance. (A) Notwithstanding any provisions in this Agreement to the contrary, the following terms and conditions in furtherance of CVMSHCP compliance shall apply: The Project shall comply with all provisions of the CVMSHCP Guidelines for all areas adjacent to Coral Mountain or any other Bureau of Land Management (`BLM") open space as shown on Figure 13 in the Specific Plan; (B) The development of the Project and use of the Site (and each applicable Planning Area on the Site) shall fully comply with all CVMSHCP Land Use Adjacency Guidelines, even though no portion of the Project or the Site is in or adjacent to any CVMSHCP conservation area, as set forth in more detail in Section 2.5 of the Specific Plan. Without limiting the obligation to comply with the CVMSHCP Land Use Adjacency Guidelines, the following terms and conditions apply to the development of the Project and use of the Site: (i) There shall be no planting of invasive, non-native plant species in and adjacent to CVMSHCP conservation areas as shown on Figure 13 of the Specific Plan; and (ii) The Project shall follow the recommended and prohibited species as noted in Tables 4-112 and 4-113 of the CVMSHCP Land Use Adjacency Guidelines, as set forth in Table 3 of the Specific Plan ("Plant Material Palette"). (C) To further the CVMSHCP Land Use Adjacency Guidelines requirement for the incorporation of barriers to minimize unauthorized public access, domestic animal predation, illegal trespass, and dumping in a CVMSHCP conservation area, there shall be a protective barrier that complies with the requirements for Peninsular Bighorn Sheep ("PBS") barriers along the western boundary, covering all areas adjacent to Coral Mountain and other BLM -17- open space property, as set forth in more detail in Section 2.5 of the Specific Plan. The protective sheep barrier shall be at least eight (8) feet high, with the final design and location subject to City approval in consultation with CDFW. All recreational infrastructure and activities shall be located on the development -side and not on the BLM side of the protective sheep barrier. 3.5.2 CC&Rs Incorporating CVMSHCP Compliance. The CVMSHCP compliance requirements set forth in Section 3.5.1 of this Agreement shall be incorporated into the CC&Rs for the Project and the Site, which shall be recorded against the Site as provided for in Section 3.8 of this Agreement, and shall be enforceable in perpetuity for the life of the Project and use of the Site. 3.6 Payment of Fees. During the Term of this Agreement, Developer shall timely pay all Processing Fees and Impact Fees with respect to the Project as specified in this Agreement. 3.6.1 Reserved 3.6.2 Annual Mitigation Fee: Cessation of Annual Fee. To ensure that the Project generates sufficient TOT and sales tax revenues to the City to pay all public safety and other public service costs of the City resulting from the Project, during the first ten (10) years of the Term of this Agreement, on each July 1st following the Effective Date ("Annual Mitigation Payment Date"), the Developer or the Developer's successor shall pay to the City an annual mitigation fee ("Coral Mountain Annual Mitigation Fee") covering the annual period of the prior July 1 through the June 30 occurring immediately preceding the Annual Mitigation Payment Date (the "Operative Year") (provided, however, the first Operative Year shall commence on the Effective Date of this Agreement and end on the next occurring June 30). The Coral Mountain Annual Mitigation Fee shall be comprised of the following: The collective sum of One Thousand Dollars ($1,000.00) for each of the 750 allowed residential units (also referred to as the "Coral Mountain Residential Unit Fee") in the Project that has received a certificate of occupancy, and that has been sold to a third party purchaser as evidenced by a recorded grant deed for such unit, prior to the applicable Annual Mitigation Payment Date, regardless of when or in which Operative Year the unit was sold. Notwithstanding the two paragraphs above, if the City has received TOT for rentals from the Project in excess of One Million Dollars ($1,000,000.00) but less than One Million Seven Hundred Thousand Dollars ($1,700,000.00) ("Level 1 TOT Goal") for two consecutive Operative Years during the Term of this Agreement, the Coral Mountain Annual Mitigation Fee for the next Operative Year (and each Operative Year thereafter) shall be reduced from One Thousand Dollars ($1,000.00) per residential unit in the Project to Five Hundred Dollars ($500.00) per residential unit in the Project. Furthermore, and notwithstanding the three paragraphs above, if the City has received TOT for rentals from the Project in excess of One Million Seven Hundred Thousand Dollars ($1,700,000.00) ("Level 2 TOT Goal") for two consecutive Operative Years during the Term of this Agreement, then the Developer's (or the Developer's successor's) obligation to pay so the Coral Mountain Annual Mitigation Fee for any Operative Years thereafter shall terminate and shall no longer be of any further force and effect. Notwithstanding the obligation (or termination of the obligation) by Developer (or Developer's successors) to pay the Coral Mountain Annual Mitigation Fee, all rentals of residential units and hotel units shall remain subject to the City's TOT requirements. The CC&Rs for the residential units in the Project shall provide for the assessment and collection of the Coral Mountain Annual Mitigation Fee consistent with the terms hereof, and shall provide for and adequately ensure the collection and payment thereof. As to the collection and payment of the Coral Mountain Annual Mitigation Fee, the CC&Rs shall provide the City with enforcement rights against both the Developer or its successor and the individual homeowners. The City shall be provided with the same rights of collection as to the Coral Mountain Annual Mitigation Fee that the Developer or its successor shall have for the collection of other fees and assessments, but the Developer or its successor shall have the obligation for collection and payment of the Coral Mountain Annual Mitigation Fee. In any action by the City to collect the Coral Mountain Annual Mitigation Fee, the City shall, in addition to the fee, be entitled to collect all of its costs, expenses, and attorneys' fees in enforcing its rights. The CC&Rs shall be subject to the terms and conditions set forth in Section 3.8 of this Agreement. 3.6.3 Annual Rate Adjustment. The Coral Mountain Unit Fee, the Level 1 TOT Goal, and the Level 2 TOT Goal shall be adjusted annually, on each July 1St during the term of this Agreement, commencing on the first anniversary of the first Annual Mitigation Payment Date, by an increase of two percent (2%) per year. The CC&Rs as described in the last paragraph of Section 3.6.2 above shall include the annual rate adjustment as provided in this Section 3.6.3 of this Agreement. 3.6.4 Other Fees and Charges. Except as expressly limited in this Agreement, 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 Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including but not limited to transient occupancy taxes. Notwithstanding the foregoing, Developer reserves the right to challenge the application of any fee, charge, levy, assessment, or tax imposed on the Project or Site by the City if Developer contends it violates the terms of this Agreement or the other Project Approvals. 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. 3.7 Dedications and Improvements; Improvement Security. Developer shall complete and offer dedications to the City or other applicable public agency of those public improvements required in connection with the Project, as specified in the Conditions of Approval. In connection with the recordation of any final subdivision map for the -19- Project, Developer shall, through the execution of a subdivision improvement agreement with the City, provide to the City, in a form reasonably acceptable to the City Attorney, improvement security as provided in the City Code to secure the faithful performance of Developer's obligations under this Agreement to construct the on-site and off-site public improvements identified on that map. The terms, amounts and provisions for release of the improvement security shall be as set forth in the City Code. 3.8 Declaration(s) of Covenants, Codes, and Restrictions. Developer shall prepare, draft (in a form to be approved by the City Manager and City Attorney), execute, and cause to be recorded in the Recorder's Office one or more Declaration(s) of Covenants, Codes, and Restrictions ("CC&Rs") to govern the authorized and required land uses and operations at the Site, and the general maintenance, repair, landscaping, public and private utility usage and ownership (including streets, alleys, sidewalks, water, sewer, gas, electricity, telecommunications, and related infrastructure), and any other terms and conditions as may be necessary or appropriate to maintain the use and operation of the Site, and all common areas, consistent with the terms and conditions of the Project. Developer may have CC&Rs prepared, drafted, executed, and recorded for each of the separate phases (Planning Area III, Planning Area V, and Planning Area VI) of the Project, but the CC&Rs shall include at a minimum the terms and conditions governing the payment of fees as required in Section 6.3 of this Agreement, the terms and conditions allowing for the use of short-term vacation rentals as provided in Article 5 of this Agreement for the applicable Planning Areas of the Project, and general maintenance, repair, landscaping, public and private utility usage and ownership (including streets, alleys, sidewalks, water, sewer, gas, electricity, telecommunications, and related infrastructure. The CC&Rs shall be implemented and enforced by a duly established homeowners association ("HOA") pursuant to state law for a common interest development. The City shall be deemed a third party beneficiary to the CC&Rs with the right, but not the obligation, to enforce any terms and conditions included for the benefit of the City as provided for in this Agreement or the CC&Rs ("City Required Provisions"). The City Required Provisions, once approved by the City Manager and City Attorney, may not be substantively amended or modified without the prior written consent of the City Manager and City Attorney, which shall not be unreasonably withheld, conditioned or delayed. 3.9 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 Site by Developer, but excluding those resulting from the gross negligence or willful misconduct of any Indemnitee, but 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"). 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 -20- 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, 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. 3.10 Reserved. 4. CITY'S OBLIGATIONS 4.1 Scope of Subsequent Review/Confirmation of Compliance 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 La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "F", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by 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, provisions, and the Conditions of Approval. It is understood by the -21- 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 City Cooperation. The parties agree that Developer must be able to proceed rapidly with the development of the Site and, accordingly, that expedited City review of tentative maps, final maps, modifications to Project Approvals, building permits and construction inspections, is essential to the successful completion of the Project. Accordingly, to the extent that the applications and submittals are in conformity with the Project Approvals, Applicable Rules, and this Agreement, and adequate funding exists therefor, City agrees to provide adequate City resources to diligently accept, review, and take action on all subsequent applications and submittals made to City by Developer in furtherance of the Project. Similarly, to the extent that adequate funding exists therefor, City shall provide adequate City resources to promptly review and approve improvement plans, conduct construction inspections, and accept completed public facilities that are planned and completed in compliance with the Project Approvals, Applicable Rules, and this Agreement. Developer agrees to reimburse the City for all costs associated with providing expedited services, above and beyond those costs covered by the City's Processing Fees. In the event City does not have adequate resources, City shall authorize the use of "contract labor" for inspection and plan review purposes, which shall be reimbursed by Developer, pursuant to a mutually agreeable reimbursement agreement that also specifies any fee credit to Developer to avoid Developer paying more than once for the same plan check, inspection, or other City service. City shall consult with Developer concerning the selection of the most knowledgeable, efficient and available "contract labor" for purposes of providing inspection and plan review duties for the City and the Project; provided, however, that City shall retain the right to select any "contract labor" it reasonably chooses. 4.4 Final Map and Improvement Plan Procedures. The City shall complete improvement plan and final map review in accordance with Applicable Rules, in good faith, and in an expeditious manner. If reasonably necessary, City shall have the right to hire outside inspectors and/or consultants, the cost of which shall be reimbursed by Developer. For those improvement plans or other implementing approvals under the jurisdiction of another agency, if any, the City agrees to reasonably cooperate in providing any necessary information or approval in a timely manner, so long as the plans do not substantially conflict with the Project Approvals. 4.5 Building Permits. City shall complete its review of house plans and issue building permits in a good faith and expeditious manner. Recordation of a final map shall not be required prior to the issuance of building permits for model homes. 4.6 Environmental Review and Mitigation. The Parties understand and agree that the EIR for the Project considers the whole of the Project, including each of the Project Approvals and all Discretionary Actions and Ministerial -22- Permits and Project Approvals necessary for development of the Project. Accordingly, the City agrees to use the certified EIR for this Project as a program and project EIR to comply with CEQA's environmental review requirements for all future Discretionary Actions to the maximum extent allowed by law, including applying the CEQA exemptions specified in Government Code Section 65457 and CEQA Guidelines Sections 15182 and 15183, which establish an exemption from further environmental review for the processing of tentative tract maps after certification of a Specific Plan EIR for residential development, if the proposed tentative tract maps are consistent with the Specific Plan and meet other applicable requirements. If an exemption or reliance on the EIR as a program and project EIR is not legally permissible, in the City's sole judgment, then City and Developer agree to meet and confer as to the most appropriate form of environmental review of such approval, provided, however, that City shall retain the authority to determine the most appropriate form of such environmental review. 4.7 Inspections. Any building or fire inspection request received by City from Developer will be processed as expeditiously as possible, pursuant to the terms and conditions of this Agreement and (as applicable) provisions in the La Quinta Municipal Code and City's standard inspection procedures. 4.8 Review for Compliance. City shall review Developer's compliance with the terms and conditions of this Agreement at least once during every twelve (12) month period following the Effective Date in accordance with the City's procedures and standards for such review. During such periodic review by the City, Developer, upon written request from the City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms and conditions of this Agreement. The failure of the City to conduct or complete the annual review as provided herein shall not impact the validity of this Agreement or the obligations of the Parties to perform pursuant to the terms and conditions of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, City shall, at Developer's request, issue a certificate of compliance to Developer stating that (i) This Agreement remains in full force and effect, and (ii) Developer is in compliance with this Agreement. The certificate of compliance shall be in a form approved by the Parties and, for the City, the City Manager and the City Attorney, and may be in recordable form. Developer may, at its sole cost and expense, record any such certificate of compliance if obtained. If, at the conclusion of the annual review provided for herein, Developer has been found not to be in compliance with this Agreement, City shall, at is sole and absolute discretion, exercise any and all rights available under this Agreement and otherwise available at law or in equity. 5. SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES. 5.1 Short Term Vacation Rentals as a Permitted Use. This Agreement does hereby provide that short-term vacation rentals are a permitted use in all Planning Areas within the Project and on the Site that allow residential uses, and the rights to such permitted use are hereby vested pursuant to the terms of this Agreement, and this vested -23- right shall inure to the benefit of Developer and all owners of residential units within the Project. As such, the rights and obligations under this Section 5 shall survive the sale of each residential unit to a third -party homebuyer and termination of this Agreement to each such unit. Except to the extent expressly provided otherwise in this Agreement, the City shall not impose on or apply to the Project (whether by action of the Council, or other legislative body, or by initiative, referendum, or other measure) any ordinance, resolution, standard, directive, condition, or other measure that is in conflict with this provision or that would materially interfere with right to apply for and, with City staff approval, operate short-term vacation rentals in all residential units within the Project. Such short-term vacation rentals within the Project shall be subject to the Short -Term Vacation Rental Regulations, including but not limited to violations and penalties for such violations for failing to comply with the City's Short -Term Vacation Rental Regulations. (For reference only, a copy of Chapter 3.25 of the La Quinta Municipal Code in effect as of the Effective Date is attached to this Agreement as Exhibit "G". In the event Chapter 3.25 is repealed in its entirely, only then the provisions of Chapter 3.25 as attached to this Agreement shall govern the permitting, operation, and renewal of short-term vacation rental permits in the Project and on the Site.) In order to ensure the timely collection and reporting of the applicable transient occupancy taxes, and compliance with the applicable operational requirements and conditions set forth in the Short -Term Vacation Rental Regulations, the Developer or its successor or assignee shall be the "authorized agent or representative" (as that term is defined in the Short -Term Vacation Rental Regulations, or, if the definition is removed during the Term of this Agreement, as defined in Chapter 3.25 as of the Effective Date of this Agreement) for all short-term vacation rentals and short-term vacation rental permits within the Project, including but not limited to applying for and managing all short-term vacation rental permits, making all reservations and payments, and ensuring compliance with all other requirements of the Short -Term Vacation Rental Regulations, and shall do so exclusively through a central rental operator pursuant to Section 5.3.1 of this Agreement, which shall be confirmed at the issuance and renewal of each short-term vacation rental permit; provided, however, that the "owner" (as that term is defined in the Short -Term Vacation Rental Regulations, or, if the definition is removed during the Term of this Agreement, as defined in Chapter 3.25 as of the Effective Date of this Agreement) shall remain ultimately obligated as the holder of the short-term vacation rental permit for any and all remedial actions necessary for compliance with the Short -Term Vacation Rental Regulations and this Agreement, including but not limited to the payment of any fines or recorded liens or any other violations for non-compliance; and, provided further, that the "owner" shall have a process available, through an independent arbitrator or neutral decision -maker designated by the Developer or homeowner's association ("HOA") of which the short-term vacation rental unit owner is a member, to petition for a change of that owner's "authorized agent or representative" because the owner demonstrates, with a preponderance of evidence, that the "authorized agent or representative," designated by the Developer or its successor or assignee, has failed to perform its duty to ensure compliance with all other requirements of the Short -Term Vacation Rental Regulations for that owner's short-term vacation rental unit. The CC&Rs as described in Section 3.8 of this Agreement shall include the terms and conditions, and detailed specifics for process and decision, whenever an owner may petition the HOA for a change in that owner's "authorized agent or representative" as required by this Section 5.1; the City Manager and City Attorney shall review and approve, in their reasonable discretion and not to be unreasonably delayed or denied, said terms and conditions in the CC&Rs that would apply if an owner were to petition the HOA for a change in that owner's "authorized agent or representative" as required by this Section 5.1. -24- Pursuant to the expressed exceptions referenced in the preceding paragraph, the following provisions shall apply to the use and operation of the Project and each single family residence on the Site within the Project: (A) The operational requirements and restrictions in Section 3.25.070 (or successor section) of the La Quinta Municipal Code shall apply to all short-term vacation rental units, including the limits on the number of daytime and overnight guests in each unit to ensure that occupancy levels are appropriate for the number of bedrooms and compatible with single- family residential communities; (B) All short-term vacation rental units in the Project shall be subject to, at a minimum, the noise restrictions in Sections 9.100.210 and 11.08.040 (or successor sections) of the La Quinta Municipal Code, in addition to any noise compliance requirements set forth in Chapter 3.25 of the La Quinta Municipal Code. 5.2 Transient Occupancy Tax. All short-term vacation rentals in the Project shall be subject to, and comply with, the City's Transient Occupancy Ordinance as set forth in Chapter 3.24 (or successor provisions) of the La Quinta Municipal Code. To the extent the City revises its Transient Occupancy Ordinance after the Effective Date of this Agreement, all short-term vacation rentals in the Project will be subject to those revised or amended provisions unless doing so would violate the vested rights set forth in Section 5.1 of this Agreement. It is the intent of this provision to require, at all times, that all short- term vacation rentals in the Project comply with the City's requirements and procedures for collecting, reporting and paying the applicable transient occupancy tax, including as those requirements and procedures may be modified during the term of this Agreement. 5.3 Covenants, Conditions and Restrictions. All CC&Rs recorded pursuant to Section 3.8 of this Agreement on any property within the Project where residential uses are allowed shall expressly authorize short-term vacation rentals for all residential units. All such CC&Rs shall state the operational requirements and standard conditions applicable to short-term rentals in that tract or planning area of the Project. 5.3.1 Rental Management Program. Developer shall be responsible for ensuring that for the Term of this Agreement, one or more contract(s) shall be in effect at all times which provide opportunities to the owners of the resort residential units to have the ability to make their units available for short-term rentals permitted by this Agreement and the CC&Rs. The contract or contracts may, but are not required to be, with an on-site rental management agent. Developer may assign this obligation to its successors in accordance with this Agreement. 6. DEFAULT: REMEDIES: DISPUTE RESOLUTION. 6.1 Notice of Default. -25- 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. 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, shall and 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 damages or other monetary damages (with the exception of Developer's potential obligations for indemnity or attorneys' fees as provided in Sections 3.9 and 8.22 or for potential Short Term Vacation Rental penalties or other code enforcement remedies) 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 or fee 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. 6.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Project Approvals, the Applicable Rules or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, 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 or any future amendments or enactments thereto, or the Project, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that -26- 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 Project Site. This Agreement shall not prevent or limit Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 7.2 Mortgage Protection. �, 4 This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 7.3 Mortgagee Not Obligated. _ 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 Site, 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 shall continue to be a condition precedent to the City's performance hereunder. 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, City shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage or deed of trust 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 shall be deemed to have satisfied the sixty (60) day time limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Site (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 thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default. -27- MISCELLANEOUS 8.1 Notices. Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either Parry may desire to give to the other Parry 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, return receipt requested, 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 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: William H. Ihrke To Developer: CM Wave Development LLC c/o Meriwether Companies 2235 Broadway Boulder, CO 80302 Attn: Garrett Simon And CM Wave Development Companies c/o John Gamlin 79-625 Rancho San Pascual La Quinta, CA 92253 Stowell, Zeilenga, Ruth, Vaughn & Treiger, LLP With a copy to: 4590 E. Thousand Oaks Blvd., Suite 100 Westlake Village, CA 91362 Attn: James D. Vaughn, Esq so Any written notice, demand or communication shall be deemed received immediately if personally 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 Parry; 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, or shall commence to run from the date such notice is subsequently given. 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 BindingEffect. ffect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The Parties acknowledge that, in entering into and performing this Agreement, each of 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 deemed to have any privity of contract under this Agreement nor any right to rely on this -29- 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 parry 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 -liability of City Officers and Employ 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 Aizainst 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 Parry 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 Parry 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. 8.11 Cooperation in Carrying Out Agreement. Each Party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order -30- 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 request hereunder shall execute and return such certificate within ten (10) days following approval of the proposed estoppel certificate by the City Attorney, which approval shall not be unreasonably withheld or delayed. The City Manager, Assistant City Manager, and Development Director are each 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. k This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.15 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 and condition hereof as to which time is an element. -31- 8.17 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.18 Exhibits. Exhibits "A" -"H" to which reference is made in this Agreement are deemed 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 Site B Site Map C Project Design Features D. Mitigation Monitoring Program E. Conditions of Approval F. Compliance Certificate G. Chapter 3.25 of the La Quinta Municipal Code (as of Effective Date) H. Schedule of Performance And Phasing Plan 8.19 Counterpart Signature Pages. For convenience the Parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.20 Authority to Execute; Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, 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) except for the threat of litigation from individuals and organizations who made comments on the EIR or otherwise exhausted their administrative remedies prior to the close of the public hearings on the Project Approvals, 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 -32- 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. 8.21 City Approvals and Actions. Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City Manager, his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise or the law otherwise requires. 8.22 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 parry 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 parry making such representations. IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date. "DEVELOPER" CM WAVE DEVELOPMENT, LLC, a Delaware limited liability company By: Its: -33- ATTEST: Monika Radeva City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP William H. Ihrke City Attorney "CITY" CITY OF LA QUINTA, a California municipal corporation By: Name: Jon McMillen Title: City Manager -34- EXHIBIT "A" LEGAL DESCRIPTION OF SITE (Attached) EXHIBIT "A" J EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED LA QUINTA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL "B" OF LOT LINE ADJUSTMENT NO. 2006-462, AS APPROVED BY THE CITY OF LA QUINTA DECEMBER 07, 2006 BEING: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M. IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND PARCEL "D" OF LOT LINE ADJUSTMENT NO. 2002-930, RECORDED FEBRUARY 13, 2003, AS DOCUMENT NO. 2003-102524, RECORDS OF RIVERSIDE COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 89° 56'35" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 28, A DISTANCE OF 499.01 FEET; THENCE SOUTH 00° 03'25" WEST, A DISTANCE OF 261.25 FEET; THENCE SOUTH 580 09'44" EAST, A DISTANCE OF 765.93 FEET; THENCE NORTH 77° 42' 02" EAST, A DISTANCE OF 176.74 FEET, TO THE EASTERLY LINE OF SAID PARCEL "D" AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2455.00 FEET FROM WHICH A RADIAL LINE OF SAID CURVE BEARS NORTH 770 42'23" EAST; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 20° 10'55", AN ARC DISTANCE OF 864.75 FEET; TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2345.00 FEET; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 650 20'50", AN ARC DISTANCE OF 2674.53 FEET; TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2455.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 200 25'31", AN ARC DISTANCE OF 875.17 FEET TO THE EASTERLY LINE OF SAID SECTION 28 AND THE MOST SOUTHERLY CORNER OF SAID PARCEL "D"; THENCE NORTH 00° 17,44" EAST ALONG THE EASTERLY LINE OF SAID SECTION 28 AND THE PARCEL LINE OF SAID PARCEL "D", A DISTANCE OF 2104.91 TO THE EAST QUARTER CORNER OF SAID SECTION 28; THENCE SOUTH 89° 30' 09" EAST ALONG SAID PARCEL LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 00° 05'52" EAST ALONG SAID PARCEL LINE, A DISTANCE OF 1326.33 FEET; THENCE NORTH 89'30'56" WEST ALONG SAID PARCEL LINE A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE NORTH 89° 54'54" WEST ALONG THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 1322.31 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 000 09'14" EAST ALONG THE WESTERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 1325.69 TO THE POINT OF BEGINNING. TOGETHER WITH THAT CERTAIN PORTION OF MADISON STREET, VACATED BY SAID CITY ON JANUARY 07, 2003 PER RESOLUTION NO. 2003-003, A COPY OF WHICH RECORDED APRIL 30, 2014 AS INSTRUMENT NO. 2014-0157740 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND WHICH WOULD BY OPERATION OF LAW REVERT TO THE ABOVE DESCRIBED PROPERTY. APN: 766-070-012-5, 764-210-007-9, 764-210-028, 764-210-029, 764-200-076-0 EXHIBIT "A" EXHIBIT "A" (Continued) PARCEL B: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, THE SOUTHERLY 180.00 FEET TO THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE SOUTH HALF OF THE NORTHEAST QUARTER, THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, EXCEPT THE WEST 820.00 FEET THEREOF AND THE SOUTHERLY 180.00 FEET OF THE WEST 820.00 FEET OF THE NORTHWEST QUARTER, OF THE NORTHEAST QUARTER, ALL IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THEREFROM THAT PORTION THEREOF INCLUDED WITHIN 58TH AVENUE. TOGETHER WITH THAT CERTAIN PORTION OF MADISON STREET, VACATED BY SAID CITY ON JANUARY 07, 2003 PER RESOLUTION NO. 2003-003, A COPY OF WHICH RECORDED APRIL 30, 2014 AS INSTRUMENT NO. 2014-0157740 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND WHICH WOULD BY OPERATION OF LAW REVERT TO THE ABOVE DESCRIBED PROPERTY. APN: 766-070-003-7.006-0 PARCEL C: THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THEREFROM ALL OIL, MINERAL, HYDROCARBON AND KINDRED SUBSTANCES IN AND UNDER SAID PROPERTY, WITHOUT RIGHT OF SURFACE ENTRY. APN: 766-080-001-6, 002-7 PARCEL D: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THEREFROM THAT PORTION OF LAND LYING IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 28; THENCE NORTH 00°07'45" WEST, ALONG THE WEST BOUNDARY OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, 287.38 FEET TO A POINT ON THE ARC OF A CURVE; THENCE 94.73 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 910.00 FEET AND A CENTRAL ANGLE OF 05°57'51" WHOSE CHORD BEARS SOUTH 66004'50" EAST, A DISTANCE OF 94.68 FEET; THENCE SOUTH 69°03'45" EAST, 679.03 FEET TO A POINT IN THE SOUTH BOUNDARY OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 89029'45" WEST, ALONG SAID SOUTH BOUNDARY, 720.12 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN 60TH AVENUE. APN: 766-080-005-0 EXHIBIT "A" PARCEL E: THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN. TOGETHER WITH THAT CERTAIN PORTION OF MADISON STREET, VACATED BY SAID CITY ON JANUARY 07, 2003 PER RESOLUTION NO. 2003-003, A COPY OF WHICH RECORDED APRIL 30, 2014 AS INSTRUMENT NO. 2014-0157740 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND WHICH WOULD BY OPERATION OF LAW REVERT TO THE ABOVE DESCRIBED PROPERTY. APN: 766-080-004-9 PARCEL F: PARCEL A OF LOT LINE ADJUSTMENT NO. 2006-462, AS APPROVED BY THE CITY OF LA QUINTA DECEMBER 7, 2006, BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND A PORTION OF PARCEL D OF THE LOT LINE ADJUSTMENT NO. 2002-390 RECORDED FEBRUARY 13, 2003 AS INSTRUMENT NO. 2003102524 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, WHICH IS INCLUDED WITHIN SAID PARCEL A, ALL OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 890 56'35" EAST ALONG THE NORTHERLY LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 499.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 000 03'25" WEST, A DISTANCE OF 261.25 FEET; THENCE SOUTH 58° 08'44" EAST A DISTANCE OF 765.93 FEET; THENCE NORTH 770 42'02" EAST, A DISTANCE OF 176.74 FEET, TO THE EASTERLY LINE OF SAID PARCEL D AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2455.00 FEET FROM WHICH A RADIAL LINE OF SAID CURVE BEARS NORTH 770 42' 23" EAST; THENCE NORTHERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 000 14'26" AN ARC DISTANCE OF 10.31 FEET TO THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE NORTH 000 05'52" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 616.74 FEET TO THE NORTHEAST CORNER OF SAID SECTION 28; THENCE NORTH 890 56'35" WEST ALONG THE NORTHERLY LINE OF SAID SECTION 28, A DISTANCE OF 822.00 FEET TO THE TRUE POINT OF BEGINNING. APN: 766-070-014 EXHIBIT "A" EXHIBIT `B" SITE MAP (Attached) *r EXHIBIT `B" ANDALU51A AT CORAL MOUNTAIN: 5PECIFiC PLAN (03.067 AMD. Vj Coloriworie Planning Area Land flee Land Area{Acres} PA III Rewderaial 191.8 AC. PA V Neighborhood Cornmerval 7,7 AC - C.PAA RA A Go1FCour5e 184.9 AC. Total Area 384.4 AC. Sourew MSA Consulting, 7rlG I I- MSA- C �SU LTI N G - V, ,MSA_CC�NSULTiNG_!_ EXHIBIT "B" CONCEPTUAL LAND USE MAP EXHIBIT "C" PROJECT DESIGN FEATURES (Attached) EXHIBIT "C" y DRAFT PROJECT DESIGN FEATURES Coral Mountain Resort, La Quinta CA Exhibit C DRAFT Project Design Features Air Quality The project incorporates the following design features and attributes for promoting energy efficiency and sustainability, which shall be enforceable by the City pursuant to the terms of the Development Agreement. The following PDFs were accounted for in CalEEMod to reduce emissions associated with each applicable subcategory: • Pedestrian connections shall be provided to surrounding areas consistent with the City's General Plan. Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive. The project would provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. • Having different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non -auto modes of transport. For example, when residential areas are in the same neighborhood as retail and office buildings, a resident does not need to travel outside of the neighborhood to meet his/her trip needs. A description of diverse uses for urban and suburban areas is provided below • The project will include improved design elements to enhance walkability and connectivity. Improved street network characteristics within a neighborhood include street accessibility, usually measured in terms of average block size, proportion of four- way intersections, or number of intersections per square mile. Design is also measured in terms of sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian -oriented environments from auto -oriented environments. • Commute Trip Reduction Program is a multi -strategy program that encompasses a combination of individual measures. It is presented as a means of preventing double - counting of reductions for individual measures that are included in this strategy. It does so by setting a maximum level of reductions that should be permitted for a combined set of strategies within a voluntary program. • Encouraging telecommuting and alternative work schedules reduces the number of commute trips and therefore VMT traveled by employees. Alternative work schedules could take the form of staggered starting times, flexible schedules, or compressed work weeks. Coral Mountain Resort Exhibit C 1 March 2022 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES • The project will design building shells and building components, such as windows; roof systems: • electrical and lighting systems: and heating, ventilating, and air conditioning systems to meet 2019 Title 24 Standards which results in 30% less energy for non-residential buildings and 53% less energy for residential use due to lighting upgrades. • The project is required to comply with SCAQMD Rule 445, which prohibits the use of wood burning stoves and fireplaces in new development. • Using electricity generated from photovoltaic (PV) systems displaces electricity demand which would ordinarily be supplied by the local utility. Since zero GHG emissions are associated with electricity generation from PV systems, the GHG emissions reductions from this PDF are equivalent to the emissions that would have been produced had electricity been supplied by the local utility. A minimum of 15% of the project's electricity demand will be generated on-site. • In order to reduce the amount of waste disposed at landfills, the project would be required to implement a 65% waste diversion as required by AB 939. The following PDFs are part of the project, but no numeric credit has been taken for their implementation to assure a conservative analysis: • Increasing the vehicle occupancy by ride sharing will result in fewer cars driving the same trip, and thus a decrease in VMT. The project will include a ride -sharing program as well as a permanent transportation management association membership and funding requirement. The project will promote ride -sharing programs through a multi -faceted approach such as: • Designating a certain percentage of parking spaces for ride sharing vehicles • Designating adequate passenger loading and unloading and waiting areas for ride -sharing vehicles • Providing a web site or message board for coordinating rides • The project will implement marketing strategies to reduce commute trips. Information • sharing and marketing are important components to successful commute trip reduction strategies. Implementing commute trip reduction strategies without a complementary marketing strategy will result in lower VMT reductions. Marketing strategies may include: • New employee orientation of trip reduction and alternative mode options • Event promotions • Publications • Specified use of Energy Star appliances. • Installation of water -efficient plumbing fixtures. • Installation of tankless water heater systems. • Installation of light -emitting diode (LED) technology within homes. Coral Mountain Resort Exhibit C 2 March 2022 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES • Use of recycled water for common area landscape irrigation. • Use of drought -tolerant plants in landscape design. • Installation of water -efficient irrigation systems with smart sensor controls. • Lighting sources contribute to GHG emissions indirectly, via the production of the electricity that powers these lights. Public street and area lighting include: streetlights, pedestrian pathway lights, area lighting for parks and parking lots, and outdoor lighting around public buildings. Lighting design should consider the amount of light required for the area intended to be lit. Lumens are the measure of the amount of light perceived by the human eye. Different light fixtures have different efficacies or the amount of lumens produced per watt of power supplied. This is different than efficiency, and it is important that lighting improvements are based on maintaining the appropriate lumens per area when applying this measure. Installing more efficacious lamps will use less electricity while producing the same amount of light, and therefore reduces the associated indirect GHG emissions. Greenhouse Gas Emissions The project incorporates the following design features and attributes for promoting energy efficiency and sustainability, which shall be enforceable by the City pursuant to the terms of the Development Agreement. The following PDFs were accounted for in CalEEMod to reduce emissions associated with each applicable subcategory: • Pedestrian connections shall be provided to surrounding areas consistent with the City's General Plan. Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive. The project would provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. • Having different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non -auto modes of transport. For example, when residential areas are in the same neighborhood as retail and office buildings, a resident does not need to travel outside of the neighborhood to meet his/her trip needs. A description of diverse uses for urban and suburban areas is provided below • The project will include improved design elements to enhance walkability and connectivity. Improved street network characteristics within a neighborhood include street accessibility, usually measured in terms of average block size, proportion of four- way intersections, or number of intersections per square mile. Design is also measured in Coral Mountain Resort Exhibit C 3 March 2022 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES terms of sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian -oriented environments from auto -oriented environments. • Voluntary Commute Trip Reduction Program — A multi -strategy program that encompasses a combination of individual measures. It is presented as a means of preventing double -counting of reductions for individual measures that are included in this strategy. It does so by setting a maximum level of reductions that should be permitted for a combined set of strategies within a voluntary program. • Encouraging telecommuting and alternative work schedules reduces the number of commute trips and therefore VMT traveled by employees. Alternative work schedules could take the form of staggered starting times, flexible schedules, or compressed work weeks. • The project will design building shells and building components, such as windows; roof systems: electrical and lighting systems: and heating, ventilating, and air conditioning systems to meet 2019 Title 24 Standards which are expected to result in 30% less energy use for non- residential buildings and 53% less energy use for residential use due to lighting upgrades. • The project is required to comply with SCAQMD Rule 445, which prohibits the use of wood burning stoves and fireplaces in new development. • Using electricity generated from photovoltaic (PV) systems displaces electricity demand which would ordinarily be supplied by the local utility. Since zero GHG emissions are associated with electricity generation from PV systems, the GHG emissions reductions from this PDF are equivalent to the emissions that would have been produced had electricity been supplied by the local utility. A minimum of 15% of the project's electricity demand will be generated on-site. • In order to reduce the amount of waste disposed at landfills, the project would be required to implement a 65% waste diversion as required by AB 939. The following PDFs are part of the project, but no numeric credit has been taken for their implementation to provide a conservative analysis: • Increasing the vehicle occupancy by ride sharing will result in fewer cars driving the same trip, and thus a decrease in VMT. The project will include a ride -sharing program as well as a permanent transportation management association membership and funding requirement. The project will promote ride -sharing programs through a multi -faceted approach such as: • Designating a certain percentage of parking spaces for ride sharing vehicles • Designating adequate passenger loading and unloading and waiting areas for ride -sharing vehicles Coral Mountain Resort Exhibit C 4 March 2022 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES • Providing a web site or message board for coordinating rides • The project will implement marketing strategies to reduce commute trips. Information sharing and marketing are important components to successful commute trip reduction strategies. Implementing commute trip reduction strategies without a complementary marketing strategy will result in lower VMT reductions. Marketing strategies may include: • New employee orientation of trip reduction and alternative mode options • Event promotions • Publications • Specified use of Energy Star appliances. • Installation of water -efficient plumbing fixtures. • Installation of tankless water heater systems. • Installation of light -emitting diode (LED) technology within homes. • Use of recycled water for common area landscape irrigation. • Use of drought -tolerant plants in landscape design. • Installation of water -efficient irrigation systems with smart sensor controls. • Lighting sources contribute to GHG emissions indirectly, via the production of the electricity that powers these lights. Public street and area lighting includes: streetlights, pedestrian pathway lights, area lighting for parks and parking lots, and outdoor lighting around public buildings. Lighting design should consider the amount of light required for the area intended to be lit. Lumens are the measure of the amount of light perceived by the human eye. Different light fixtures have different efficacies or the amount of lumens produced per watt of power supplied. This is different than efficiency, and it is important that lighting improvements are based on maintaining the appropriate lumens per area when applying this measure. Installing more efficacious lamps will use less electricity while producing the same amount of light, and therefore reduces the associated indirect GHG emissions. Energy Resources See PDFs listed under Greenhouse Gas Emissions, above, as they are applicable to energy consumption. Energy-saving and sustainable design features, as well as operational programs would be incorporated. Because these features/attributes are integral to the project, and/or are regulatory requirements, they are not considered to be mitigation measures. The project will require submittal to the appropriate agencies discussed in this section for review and approval of on-site design for circulation, building standards and utility installation. The following PDFs are part of the project; however, per the GHG Report, no numeric credit has been taken for their implementation in order to produce a conservative analysis: Coral Mountain Resort Exhibit C 5 March 2022 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES • Specified use of Energy Star appliances • Installation of water -efficient plumbing fixtures • Installation of tankless water heaters • Installation of light -emitting diode (LED) technology within homes • Use of recycled water (non -potable) for common area landscape irrigation • Use of drought -tolerant plants in landscape design • Installation of water -efficient irrigation systems with smart sensor controls • Installation of photovoltaic (PV) systems Noise Six -Foot Perimeter Wall to Reduce Arterial Roadway Noise A six-foot perimeter wall will be developed along the northern and eastern property boundaries, adjacent to the proposed Low Density Residential Planning Area (PA II). The six-foot perimeter walls will be located adjacent to PA II in order to protect the proposed onsite residential uses from off-site traffic noise by implementing improvements that diminish noise levels. Perimeter walls will be developed along the southern and western property boundaries as a design requirement of the City and in conformance with Section 3.5.1 of the Development Agreement. The Noise Study determined that the barriers shall provide a weight of at least four pounds per square foot of face area with no decorative cutouts or line -of -sight openings between shielded areas and the roadways. The barrier must present a solid face from top to bottom. Unnecessary openings or decorative cutouts shall not be made. All gaps (except for weep holes) should be filled with grout or caulking. Because this requirement was assumed in the Noise Study analysis, and to assure effective mitigation of noise from the project, Mitigation Measure N0I-5 is provided in Section 4.11, Noise, in the Draft EIR to assure the proper construction of perimeter walls. This project Development Agreement will ensure that the project design features and mitigation will be enforceable by the City. Public Services The proposed project will be required to comply with existing regulations and standards (identified in Section 4.12, Public Services, of the Draft EIR) to ensure that the project's potential impacts associated with public facilities and services related to fire and police emergency and non -emergency services, as well as impacts to schools, do not result in significant impacts. Typical for residential communities in the City of La Quinta, the project and residential areas shall be gated, thus increasing community security and minimizing potential crimes, and consistent with standard operations of resort communities, the project will incorporate private security Coral Mountain Resort Exhibit C 6 March 2022 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES services to maximize security of the overall project. Additionally, lighting features throughout the project will enhance security and maximize visibility within the project including streets, intersections, and other crosswalks. Transportation Project Design Features (PDF) are incorporated that encourage the use of alternative transportation measures including pedestrian and bicycle travel. The project will include design elements such as sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and other physical variables that differentiate pedestrian - oriented environments from auto -oriented environments. The project will provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. The project includes sidewalk connections, particularly to / from the retail areas interacting with residential and resort uses on-site. Project Design Features for VMT Reduction Transportation demand management (TDM) strategies were evaluated for the purpose of reducing VMT impacts determined to be potentially significant. Quantifying Greenhouse Gas Mitigation Measures, (CAPCOA) 2010 provides guidance for evaluating the potential reduction in VMT expected for individual measures. The project setting best reflects what CAPCOA refers to as a suburban place type because it is characterized by dispersed, low-density, single -use automobile dependent land use patterns. The maximum reduction expected when combining multiple mitigation strategies for the suburban place type is 10 percent and requires a project to contain a diverse land use mix, workforce housing, and project -specific transit, according to CAPCOA. The project incorporates design features and attributes promoting trip reduction. Because these features/attributes are integral to the project, and/or are regulatory requirements, they are not considered to be mitigation measures. These features are considered after the VMT data is extracted from the traffic model. Project VMT is reduced by the following project design features/attributes, which are enforceable by the City pursuant to the terms of the Development Agreement, and are anticipated to collectively reduce project home-based VMT by approximately 6%. • The placement of different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non - auto modes of transport. For example, when residential areas are in the same Coral Mountain Resort Exhibit C 7 March 2022 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES neighborhood as commercial and resort land uses, a resident does not need to travel outside of the neighborhood to meet his/her recreational and retail needs. The project's mixed-use environment could provide for a potential reduction in project residential VMT of 3% according to CAPCOA guidance. • The project includes improved design elements to enhance walkability and connectivity. Recognized improved street network characteristics within the project include sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian -oriented environments from auto -oriented environments. The project provides a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project minimizes barriers to pedestrian access and interconnectivity. The project includes sidewalk connections, particularly to / from the retail areas resulting in interaction with residential, retail, and recreational uses on-site. The project's implementation of this measure is anticipated to result in a potential reduction in project residential VMT of 2% according to CAPCOA guidance. • The project will implement marketing strategies to optimize on-site resort and residential uses. Information sharing and marketing are important components to successful trip reduction strategies. Marketing strategies may include: o Resident member benefits that include use of the recreational amenities o Publications The project's implementation of this measure could provide for a potential reduction in project residential VMT of 1% according to CAPCOA guidance. Coral Mountain Resort Exhibit C 8 March 2022 EXHIBIT "D" MITIGATION MONITORING PROGRAM (Attached) [to be inserted] y EXHIBIT "D" EXHIBIT `B" CONDITIONS OF APPROVAL (Attached) [to be inserted] I EXHIBIT `B" EXHIBIT "F" COMPLIANCE CERTIFICATE (CM Wave Development LLC, DEVELOPMENT AGREEMENT) The undersigned, CM Wave Development LLC, a Delaware limited liability company ("Developer"), pursuant to that certain Development Agreement dated , 2022, (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. CM Wave Development LLC, a Delaware limited liability company By: Its: By: Its: EXHIBIT "F" EXHIBIT "G" CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE AS OF EFFECTIVE DATE (for reference only) (Attached) [to be inserted] EXHIBIT "G" EXHIBIT "H" SCHEDULE OF PERFORMANCE AND PHASING PLAN (Attached) J EXHIBIT "H" PROJECT COMPONENT LAND USE START COMPLETION* MASTER SITE IMPROVEMENTS - Backbone N.A. Developer "Backbone" improvements, including mass and rough grading, and Infrastructure, including streets, utilities, and perimeter landscaping, Madison Entry Facility Within 18 months of Vesting Date 3 years after Start Date PLANNING AREA III RESIDENTIAL Phase 1— Parcels A, B, C, G, including "in -tract" developer master site improvements — utilities, streets, landscape; Within 36 months of Vesting Date 2 years after Start Date Amenities, including Main Club, Sports & Fitness Within 36 months of Vesting Date 2 years after Start Date Golf Maintenance Facility; Within 36 months of Vesting Date 2 years after Start Date Phase 2 — Parcels D, E, F, including "in -tract" developer master site improvements — utilities, streets, landscape; Within 48 months of Vesting Date 2 years after Start Date Phase 3 — Parcels U, V, including "in -tract" developer master site improvements — utilities, streets, landscape; Within 60 months of Vesting Date 2 years after Start Date Phase 4 — Parcels R, S, T, including "in -tract" developer master site improvements — utilities, streets, landscape; Within 72 months of Vesting Date 2 years after Start Date Phase 5 — Parcels H, I, J, K, L, M, N, O, P, including "in -tract" developer master site improvements — utilities, streets, landscape; Within 84 months of Vesting Date 2 years after Start Date Amenities at Coral Mountain, Bike Pump Track, observatory, gathering and dining areas, trail network completion Within 84 months of Vesting Date 2 years after Start Date PLANNING AREA V NEIGHBORHOOD COMMERCIAL Site Improvements and 5,000 SF market (including non- conditioned outdoors ace Within 84 months of Vesting Date 2 years after Start Date PLANNING AREA VI GOLF COURSE Phase 1 — Grading, Golf Course Construction Within 20 months of Vesting Date 2 years after Start Date *Completion defined as 70% of C -of -O's issued, and are the outside deadlines permissible under this Agreement, subject to the terns of this Agreement. Note: If Developer provides evidence reasonably satisfactory to the City that then existing market conditions do not allow for the development on economically feasible terms and orderly absorption of such product type to the point of completion as specified above, then such period shall be extended for up to five 1 -year periods to be approved by the City Manager. **Vesting Date is defined as the later of (i) the Effective Date of the Development Agreement, and (ii) the running of all applicable statute of limitations and referendum petition deadlines with no legal challenges or petitions having been filed or submitted, or if filed or submitted, successfully resolved to the satisfaction of Developer and City. EXHIBIT "H" x H iFs EXHIBIT "H" IVe ra kll C'0 1- ❑ 100' 200' 4W 0_4D Single Family Lot Homesite 0-0 QQ() Attached Single Family Product 0()() Cluster Residential Product Single Family Lot Residential i'B.a.FF. Option,) Commercial Corner Project Entry 3.0.RJ CVWD Easement Active Sports Primary Club Goit Irrigatian Lake (+/- 2 acres) Single Family Lot Residential -Option') Open Space/Recreation Area in Activity Lake j+l-10=l es) 1f Coral Mountain Trail Connection Golf Holes Phasing Master 'Site Improvements F-11Golf Back Improvements :nve -� Reside ntial/Residentiallntracts Conceptual Phasing Plan THE CLUB AT CORAL MOUNTAIN D QUI%iA. (AUFORNM II lq . IV ■ 04.30.2023 DAVID M(LAY KIDD VITA PLANNING COMMISSION RESOLUTION 2024-004 EXHIBIT F CONDITIONS OF APPROVAL- RECOMMENDED GENERAL PLAN AMENDMENT 2023-1000; ZONE CHANGE 2023-1000; SPECIFIC PLAN AMENDMENT 2023-0003; TENTATIVE TRACT MAP 2023-0005 (37815); DEVELOPMENT AGREEMENT 2023-1000 PROJECT: CLUB AT CORAL MOUNTAIN ADOPTED: JANUARY 23, 2024 PAGE 1 OF 3 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. All the following approvals shall comply with all applicable conditions and mitigation measures: ENVIRONMENTAL ASSESSMENT 2019-0010 GENERAL PLAN AMENDMENT 2023-1000 ZONE CHANGE 2023-1000 SPECIFIC PLAN AMENDMENT 2023-0003 TENTATIVE TRACT MAP 2023-0005 (37815) DEVELOPMENT AGREEMENT 2023-1000 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 3. Within 30 days of the approval of Specific Plan Amendment 2023-0003, the applicant shall provide the City with a final amended Specific Plan in PDF format, with all redlines converted to final text. 4. Tentative Tract Map 2023-0005, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.laquintaca.gov. 5. Tentative Tract Map 2023-0005 shall expire in three years from approval date, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 6. Prior to recordation of the Tentative Tract Map by the City, the applicant shall obtain any necessary clearances from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Design and Development Department • La Quinta Public Works Department PLANNING COMMISSION RESOLUTION 2024-004 CONDITIONS OF APPROVAL- RECOMMENDED GENERAL PLAN AMENDMENT 2023-1000; ZONE CHANGE 2023-1000; SPECIFIC PLAN AMENDMENT 2023-0003; TENTATIVE TRACT MAP 2023-0005 (37815); DEVELOPMENT AGREEMENT 2023-1000 PROJECT: CLUB AT CORAL MOUNTAIN ADOPTED: JANUARY 23, 2024 PAGE 2OF3 Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. 7. Tentative Tract Map 2023-0005 is for financing purposes. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 10. In conjunction with the recordation of the Final Map, Developer shall record a covenant assuring the participation of each and every landowner in contributing its fair share of the cost of construction of a fire station to serve the project. The covenant shall be in a form acceptable to the City Attorney. PROPERTY RIGHTS 11. 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, graffiti removal, and for maintenance, construction and reconstruction of essential improvements. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing parking, access aisles that access public streets and open space/ drainage facilities of the development. Said rights shall also include reciprocal access and reciprocal parking rights over all parcels within Tentative Tract Map 37815. PLANNING COMMISSION RESOLUTION 2024-004 CONDITIONS OF APPROVAL- RECOMMENDED GENERAL PLAN AMENDMENT 2023-1000; ZONE CHANGE 2023-1000; SPECIFIC PLAN AMENDMENT 2023-0003; TENTATIVE TRACT MAP 2023-0005 (37815); DEVELOPMENT AGREEMENT 2023-1000 PROJECT: CLUB AT CORAL MOUNTAIN ADOPTED: JANUARY 23, 2024 PAGE 3OF3 13. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas on the Final Map. 14. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 15. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. MAINTENANCE 16. The applicant shall make provisions for the continuous and perpetual maintenance of common areas, perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. 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. 18. The applicant shall either dedicate land or pay an in -lieu fee for parks or recreational facilities in compliance with the provisions of Chapter 13.48 (Park Dedications (Quimby Act)) prior to recordation of Final Maps for future residential tracts.