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ORD 613 Club at Coral Mountain DA 2023-1000 - CM Wave Development, LLC (2024)ORDINANCE NO. 613 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CM WAVE DEVELOPMENT LLC RELATING TO THE CLUB AT CORAL MOUNTAIN AND FINDING THAT THE PROJECT IS CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2019-0010 CASE NUMBER: DEVELOPMENT AGREEMENT 2023-1000 APPLICANT: CM WAVE DEVELOPMENT LLC WHEREAS, the City Council of the City of La Quinta, California did, on March 5, 2024, hold a duly noticed Public Hearing to consider a request by CM Wave Development LLC for approval of General Plan Amendment 2023-1000, Zone Change 2023-1000, Specific Plan Amendment 2023-0003, Tentative Tract Map 2023-0005 (TTM 37815), and Development Agreement 2023-1000, for the Club at Coral Mountain project, a master planned community on 386 acres of a 929 acre area located south of Avenue 58, north of Avenue 60, and east and west of Madison Street, more particularly described as: Assessor Parcel Numbers (APNs): 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, and 766-080-005 WHEREAS, the General Plan Amendment, Specific Plan Amendment, and Tentative Tract Map were adopted by Council Resolution No. 2024-008, and the Zone Change is being adopted by Ordinance No. 612 in accordance with state law; and WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on February 23, 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 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on January 23, 2024, hold a duly noticed Public Hearing to consider this request and did Ordinance No. 613 Development Agreement 2023-1000 Project: Club at Coral Mountain Adopted: March 19, 2024 Page 2 of 4 adopt Planning Commission Resolution No. 2024-004 recommending City Council approval of the Development Agreement; and WHEREAS, said Development Agreement has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution No. 1983-68). The City prepared an Environmental Impact Report (SCH #2021020310) for Environmental Assessment 2019-0010. The City Council adopted Resolution No. 2024-007 on March 5, 2024, certifying the Environmental Impact Report for Alternative No. 2 and making Findings to determine that the benefits of the proposed project outweigh the significant impacts associated with aesthetics, air quality, greenhouse gas emissions and traffic as it pertains to vehicle miles traveled, and adopted a Statement of Overriding Considerations as Exhibit A of said Resolution, detailing the findings in support of this determination; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.250.020 of the La Quinta Municipal Code to justify approval of said Development Agreement, included to this Ordinance as Exhibit A, and incorporated herewith by this reference: 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. Ordinance No. 613 Development Agreement 2023-1000 Project: Club at Coral Mountain Adopted: March 19, 2024 Page 3 of 4 NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. FINDINGS AND APPROVAL: That the above recitations are true and constitute the Findings of the City Council in this case, and that the City Council hereby approves and incorporates herein by this reference Development Agreement 2023-1000 by the adoption of this Ordinance and authorizes the City Manager to execute the same in substantially the form presented to the City Council with the adoption of this Ordinance. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. SECTION 4. CORRECTIVE AMENDMENTS: The City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to this Ordinance to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 5. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this 19t" day of March, 2024, by the following vote: AYES: Councilmembers McGarrey, Pena, Sanchez, and Mayor Evans NOES: Councilmember Fitzpatrick ABSENT: None ABSTAIN: None Ordinance No. 613 Development Agreement 2023-1000 Project: Club at Coral Mountain Adopted: March 19, 2024 Page 4 of 4 LINDA EVANS, Mayor City of La Quinta, California ATTEST: /1 /)6 -Npq MONIKA RADE A, CitVClerk City of La Quinta, California APPROVED AS TO FORM: 6(.AL�zu WILLIAM H. I E, City Attorney City of La Quinta, California RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Citv Clerk DOC # 2024-0149536 05/23/2024 09:39 AM Fees: $0.00 Page 1 of 106 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording— Receipted by: ANGELENE #868 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 DOC #2024-0149536 Page 2 of 106 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the 4th day of April, 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 seg. ("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 March 5, 2024, by City Council Resolution No. 2024-007 (the "BIR"); (iv) General Plan Amendment No. GPA 2023-1000; (v) Zone Change No. ZC 2023-1000; (vi) Tentative Tract Map No. TTM 2023- 0005 (TTM 37815); 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- DOC #2024-0149536 Page 3 of 106 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 March 19, 2024, the City Council adopted its Ordinance No. 613 approving this Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 1. GENERAL 1.1 Definitions. In addition to the defined words and terms set forth elsewhere in this Agreement, the following defined words and terms shall apply: 1.1.1 "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- DOC #2024-0149536 Page 4 of 106 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 2023-1000), the Zoning Ordinance (as amended by Zone Change 2023-1000), 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- DOC #2024-0149536 Page 5 of 106 1.1.17 "Development Agreement Act' means Section 65864 et seg., 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 1.6(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 -4- DOC #2024-0149536 Page 6 of 106 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- DOC #2024-0149536 Page 7 of 106 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 Proj ect Approvals, such New Laws shall apply to the Proj ect 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. in DOC #2024-0149536 Page 8 of 106 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 fled 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. 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 April 18, 2024 ("Effective Date"), which is the date that Ordinance No. 613 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- DOC #2024-0149536 Page 9 of 106 No. 613 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 acl+nowledge 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 DOC #2024-0149536 Pagel 0 of 106 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 DOC #2024-0149536 Page 11 of 106 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- DOC #2024-0149536 Page 12 of 106 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 Party" 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- DOC #2024-0149536 Page 13 of 106 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- DOC #2024-0149536 Page 14 of 106 (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- DOC #2024-0149536 Page 15 of 106 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 Stang 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- DOC #2024-0149536 Page 16 of 106 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 Agr_eement), 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- DOC #2024-0149536 Page 17 of 106 3. DEVELOPER'S OBLIGATIONS 3.1 Development of the Proiect, 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- DOC #2024-0149536 Page 18 of 106 3.3 Proiect 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 "B," 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 aclinowledges 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- DOC #2024-0149536 Page 19 of 106 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 1 st 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 -18- DOC #2024-0149536 Page 20 of 106 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 Adiustment. The Coral Mountain Unit Fee, the Level 1 TOT Goal, and the Level 2 TOT Goal shall be adjusted annually, on each July I` 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- DOC #2024-0149536 Page 21 of 106 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 Mown 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- DOC #2024-0149536 Page 22 of 106 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- DOC #2024-0149536 Page 23 of 106 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 linowledgeable, 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- DOC #2024-0149536 Page 24 of 106 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 fiuther 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- DOC #2024-0149536 Page 25 of 106 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- DOC #2024-0149536 Page 26 of 106 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 Quints 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- DOC #2024-0149536 Page 27 of 106 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- DOC #2024-0149536 Page 28 of 106 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. 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- DOC #2024-0149536 Page 29 of 106 MISCELLANEOUS 8.1 Notices, Demands and Communications Between the Parties._ Any approval, disapproval, demand, document or other notice ("Notice") which either Party may desire to give to the other Party under this Agreement must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same -day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, 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 -28- DOC #2024-0149536 Page 30 of 106 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 Maieure._ In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a "Force Majeure"): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority imposed or mandated by other governmental entities; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Party; or acts or failures to act of any public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City), or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause, 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 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties, any subsequent owner of all or any portion of the 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- DOC #2024-0149536 Page 31 of 106 Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third party beneficiary under this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of City, and the burdens and benefits hereof shall bind and inure to the benefit of each of the Parties hereto and all successors in interest to the Parties hereto for the term of this Agreement. 8.7 Non-liabili , of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.10 Severability._ If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties. 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- DOC #2024-0149536 Page 32 of 106 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. 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- DOC #2024-0149536 Page 33 of 106 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- DOC #2024-0149536 Page 34 of 106 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 party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date. "DEVELOPER" CM WAVE D LOPMENT, LLC, a Delawa51 f t d liabili company By: Its: /fit. OL 546�= - -- -33- DOC #2024-0149536 Page 35 of 106 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of _ } On -2 '-LH before me, _Z,&A 4) Zt NO- ._M2Sf~ W " �jj (i sert name and title of the officer) personally appeared �-. A t'tC.�V & , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. RYAN MATTNEW AD21MA NOTARY PUBLIC - STATE OF COLORAOO NOTARY ID 20224036037 MY COMMISSION EXPIRES SEP 14, 2026 Signature "�— (Seal) DOC #2024-0149536 Page 36 of 106 ATTEST: Monika Radeva City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP ,2 -7-7,1 William - City Attorney "CITY" CITY OF LA QUINTA, a California municipal By: Name: Jon Title: --Giti -34- DOC #2024-0149536 Page 37 of 106 EXHIBIT "A" LEGAL DESCRIPTION OF SITE (Attached) EXHIBIT "A" DOC #2024-0149536 Page 38 of 106 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. 2006462, 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 CENTRALANGLE 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 000 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 00° 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" DOC #2024-0149536 Page 39 of 106 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 WICH 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: 766-070-003-7A6-0 PARCEL C: THE NORTHEAST QUARTER OF TIIE 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 00107'45" 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" DOC #2024-0149536 Page 40 of 106 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 LIKE, 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 ON : -u DOC #2024-0149536 Page 41 of 106 EXHIBIT `B" SITE MAP. (Attached) 0IC S DOC #2024-0149536 Page 42 of 106 ANDALUSIAAT CORAL MOUNTAIN: SPECIFIC PLAN (03.OGI AMD. V) Gobs Gotle Planning Area land Use Land Area (Acres) PA III Residential 191.8AC. PAV Neighborhood Commercial 7.9 AC. PA VI Golf Course 184.9 AC. Total Area 384.4 AC. CONCEPTUAL LAND USE MAP MSA CONSULTING. IN" DOC #2024-0149536 Page 43 of 106 EXHIBIT "C" PROJECT DESIGN FEATURES_ (Attached) EXHIBIT "C" DOC #2024-0149536 Page 44 of 106 PROJECT DESIGN FEATURES Coral Mountain Resort, La Quinta CA Exhibit C 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 DOC #2024-0149536 Page 45 of 106 EXHIBIT C—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 DOC #2024-0149536 Page 46 of 106 EXHIBIT C— 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 DOC #2024-0149536 Page 47 of 106 EXHIBIT C—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 DOC #2024-0149536 Page 48 of 106 EXHIBIT C—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 DOC #2024-0149536 Page 49 of 106 EXHIBIT C— 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 NOI-S 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 DOC #2024-0149536 Page 50 of 106 EXHIBIT C—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 DOC #2024-0149536 Page 51 of 106 EXHIBIT C— 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 DOC #2024-0149536 Page 52 of 106 MITIGATION MONITORING PROGRAM (Attached) EXHIBIT "M DOC #2024-0149536 Page 53 of 106 Resolution No. 2024-007 Environmental Assessment 2019-0010 Environmental Impact Report SCH #2021020310 Project: Club at Coral Mountain FINAL ENVIRONMENTAL IMPACT REPORT Adopted: March 5, 2024 Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Introduction If mitigation measures are required or incorporated into a project as part of the CEQA process, the lead agency must adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the project's mitigation measures. Section 15126(a)(2) of the CEQA Guidelines provides that a project's mitigation measures must be enforceable through permit conditions, agreements, or other mechanisms. CEQA and the CEQA Guidelines further provide that the MMRP must be adopted at the time of project approval. However, while the MMRP does not have to be included in the EIR, for the sake of maximizing public transparency, a copy of the proposed project's MMRP has been included in this Final EIR below. In light of the foregoing, this Chapter contains the proposed project's MMRP. The MMRP was prepared to provide a program for not only monitoring and reporting on the project's mitigation measures, but also enforcing compliance with respect to the implementation of each mitigation measure adopted for the project. The purpose of the mitigation measures is to mitigate or avoid significant environmental effects of the project. Monitoring Authority The City may delegate duties and responsibilities for monitoring any given mitigation measure to designated environmental monitors or consultants as deemed necessary. The City may also delegate such duties and responsibilities to certain responsible agencies, affected jurisdictions, enforcement and regulatory agencies of the state or county, special districts and other agencies. The same duties and responsibilities may also be delegated to qualified private entities which accept the delegation. The City's Development Services (or equivalent positions of other designated agencies or entities) must ensure that the officials delegated the duties or responsibilities to monitor any given set of mitigation measures are qualified to assume such duties and responsibilities. Any deviation from the procedures identified under the MMRP shall require prior approval or authorization by the City. Moreover, any deviations from any of the established monitoring procedures set forth in the MMRP and any remedial actions taken to correct such deviations shall be reported immediately to the City by the assigned environmental monitor or consultant. Notwithstanding any such delegation, the City shall remain responsible for monitoring the implementation of all of the project's mitigation measures in accordance with the project's MMRP. 1 DOC #2024-0149536 Page 54 of 106 MITIGATION MONITORING AND REPORTING PROGRAM Enforcement Responsibility The mitigation measures for the proposed project will primarily apply prior to or during construction of the project in all phases of development the project. The City shall be responsible for enforcing each mitigation measure, albeit the City may assign such enforcement responsibilities to a qualified environmental monitor. The assigned environmental monitor for each construction activity shall report any problems with enforcement to the City and appropriate agencies. The MMRP prepared for the proposed project will be fully enforceable through permit conditions, agreements, or other measures. Mitigation Monitoring Table Table 1, Club at Coral Mountain Mitigation Monitoring and Reporting Program, below identifies for each mitigation measure: (1) the potential impact on the environment that the mitigation measure is focused on; (2) a description of the mitigation measure; (3) who or which entity is responsible for monitoring the mitigation measure; (4) the timing for implementing the measure; and (5) the anticipated level of significant after mitigation. 2 DOC #2024-0149536 Page 55 of 106 MITIGATION MONITORING AND REPORTING PROGRAM Table 1 Club at Coral Mountain Mitigation Monitoring and Reporting Program Potential Impacts Mitigation Measure Responsible for riming Level of Significance on the Environment Monitoring After Mitigation Section 4-1, AES-1 The perimeter walls around the low density residential City Council/ Aesthetics planning areas shall be setback from the Madison Street Planning and Avenue 58 public rights -of -way by a minimum Commission During review a. Adverse effect average of 30 feet (10 feet more than required under the of Tentative Significant and on scenic vistas LQMC), which shall be confirmed through the City's Public Works Tract Maps Unavoidable c. Visual character review and approvalof final perimeterwall and landscape Department or scenic quality plans to reduce impacts to existing views of Coral Mountain and the Santa Rosa Mountains. Project Applicant City Council/ Planning AES-2 All residential structures shall be setback by a minimum Commission During review of 75 feet from the Madison Street and Avenue 58 public of Tentative Significant and rights -of -way to reduce impacts to existing views of Coral Public Works Tract Maps Unavoidable Mountain and the Santa Rosa Mountains. Department Project Applicant Section 4.2, Air Quality Construction -Source Mitigation Measures AQ-1: During Phase 1 of construction, the paving installation a. Conflict with activity shall not overlap with the architectural coating implementation (building painting) activity. That prohibition shall be City Planning & of applicable air Included on all building plans. Public Works During ground Significant and quality plan AQ-2: For equipment greater than 150 horsepower (>150 HP), Department disturbing Unavoidable b. Result ina the Construction Contractor shall ensure that off -road Project activities& construction cumulativelyP diesel construction equipment that com lies with Contractor considerable Environmental Protection Agency (EPA)/California Air net increase if Resources Board (CARB) Tier 3 emissions standards and any criteria shall ensure that all construction equipment is tuned and maintained in accordance with the manufacturer's DOC #2024-0149536 Page 56 of 106 MITIGATION MONITORING AND REPORTING PROGRAM pollutant for specifications. which the project region is Operational -Source M111gatlon Measures non -attainment AQ-3: The project will require the use of low VOC paints for re - under an painting and maintenance of exterior structures applicable consistent with SCAQMD Rule 1113 (not to exceed 50 federal or state grams per liter VOCs for interior and exterior building City Planning & ambientair envelope re -painting). Under federal and state law, Public Works quality standard SCAQMD is under a legal obligation to enforce air Department During Significant and c. Expose sensitive pollution regulations. These regulations are primarily Construction Unavoidable receptors to meant to ensure that the surrounding (or ambient) air Project Contractor substantial meets federal and state air quality standards. The South pollutant Coast AQMD also has broad authority to regulate toxic concentrations and hazardous air emissions, and these regulations are enforced in the same manner as those which pertain to the ambient air quality standards. Standard Regulatory Requirements/Best Available Control Measures The following standard regulatory requirements and best available control measures shall appear on all project grading plans, construction specifications and bid documents, and the City shall ensure that such language is incorporated prior to issuance of any development permits: City Planning & Public Works Prior to the BACM AQ-1: The contractor shall adhere to applicable measures Department approvalof Significant and contained in Table 1 of Rule 403 including, but not limited Unavoidable to: Project grading plan plans • All clearing, grading, earth -moving, or excavation Contractor activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. • The contractor shall ensure that all disturbed unpaved roads and disturbed areaswithin the project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of DOC #2024-0149536 Page 57 of 106 MITIGATION MONITORING AND REPORTING PROGRAM disturbed areas, shall occur at least three times a day, preferably in the mid -morning, afternoon, and after work is done forthe day. • The contractor shall ensure that traffic speeds on unpaved roads and project site areas are limited to 15 miles per hourorless. BACM AQ-2: The following measures shall be incorporated Into project plans and specifications as Implementation of SCAQMD Rule 1113 (3): • Only 'Low -Volatile Organic Compounds (VOC)' paints (no more than 50 gram/liter (g/L) of VOC) consistent with SCAQMD Rule 1113 shall be used. BACM AQ-3: The project is required to comply with SCAQMD Rule 445, which prohibits the use of wood burning stoves and fireplaces In new development. Section 4.3, 6I0-1: Burrowing owl surveys shall be performed by a qualified Biological biologist, approved by the City prior to any site Resources disturbance activities. A minimum of two surveys, a. Candidate, occurring at least three weeks apart, shall be completed sensitive In advance of any site disturbance activities. If special status disturbance activities are expected to start during the Qualified burrowing owl breeding season, three surveys shall be species completed. The final burrowing owl survey shall be Biologist d. Interfere with completed within three days prior to Initiation of any site City Planning Prior to movement of disturbance activities. The pre -construction survey shall Department ground Less than native resident or be conducted following accepted protocol and the disturbance Significant migratory fish or requirements specified In the CVMSHCP (see pp.4-168 & Project wildlife species or 4-169). Prior to construction, a qualified biologist will Applicant/ with established survey the construction area and an area up to 500 feet Developer native resident or outside the project limits for burrows that could be used migratory wildlife by burrowing owls. If the burrow is determined to be corridors occupied, the burrow will be flagged, and a 160-foot diameter buffer will be established during non -breeding season or a 250-foot diameter buffer during the breeding season. The buffer area will be staked and flagged. No DOC #2024-0149536 Page 58 of 106 MITIGATION MONITORING AND REPORTING PROGRAM development activities will be permitted within the buffer until the young are no longer dependent on the burrow and have left the burrow. If the burrow is found to be unoccupied, the burrow will be made inaccessible to owls, and construction may proceed. If either a nesting or escape burrow is occupied, owls shall be relocated pursuant to accepted Wildlife Agency protocols. Determination of the appropriate method of relocation, such as eviction/passive relocation or active relocation, shall be based on the specific site conditions (e.g., distance to nearest suitable habitat and presence of burrows within that habitat) In coordination with the Wildlife Agencies. If burrowing owls are observed within the Project site during construction activities, CDFW shall be notified immediately and provided with proposed avoidance and minimization measures, consistent with the requirements of the CVMSHCP. BI0-2: In June 2021, a qualified bat biologist will conduct a second round of focused nighttime surveys for roosting bats at locations where suitable roosting habitat is identified. The nighttime survey will include a Qualified Bat combination of acoustic and exit count methods, and will Biologist take place during the bat maternity season (March 1S— August 31 in the Coachella Valley) to enable detection of City Planning maternity -roosting bats. If maternity roosts are identified Department June 2021 Less than within the project area, the biologist will coordinate with Significant CDFW to implement avoidance measures during the bat Project maternity season in accordance with CDFW's established Applicant/ standards. No construction activities will occur within a Developer 300-foot buffer of maternity roost sites during the bat maternity season unless concurrence is received from CDFW to reduce that buffer distance based upon the bat species present and the activities occurring. 8I0-3: Removal of trees (including palm trees) shall occur Qualified Bat Outside bat Less than DOC #2024-0149536 Page 59 of 106 MITIGATION MONITORING AND REPORTING PROGRAM outside the bat maternity season (March 15—August 31 in Biologist maternity Significant the Coachella Valley), which coincides with the bird season nesting season, to avoid the potential for "take" of City Planning (March 15 — flightless young. Trees and snags that have been Department August 31) identified as confirmed or potential roost sites require a two-step removal process and the involvement of a bat Project biologist to ensure that no roosting bats are killed during Applicant/ this activity. Consistent with CDFW protocols this two- Developer step removal shall occur over two consecutive days as follows: on Day 1, branches and limbs not containing cavities, as Identified by a qualified bat biologist, will be removed. On Day 2, the remainder of the tree may be removed without supervision by a bat biologist. The disturbance caused by limb removal, followed by an Interval of one evening, will allow bats to safely abandon the roost. Qualified Bat 810-4: To avoid impacts to roosting bats from the Installation of Biologist new light fixtures associated with the proposed City Planning Prior to the development, all lighting fixtures shall have light shields Department installation of Less than or similar devices (i.e., dark sky compliant lighting) light poles Significant installed to ensure that there is no light trespass onto Project Coral Mountain and surrounding open space. Applicant/ Developer BIO-5: A qualified bat biologist shall confirm the absence of roosting bats prior to any restoration work or other Qualified Bat disturbance of the adobe site. If bats are found or if the Biologist absence of bats cannot be confirmed, the bat biologist 10 days prior will install or directly supervise installation of humane City Planning to the Less than eviction devices and exclusionary material to prevent bats Department demolition of Significant from roosting In the building. Implementation of the a structure humane eviction/exclusions is typically performed in the Project housing bats fall (September or October) preceding construction Applicant/ activity at each structure to avoid impacts to hibernating Developer bats during the winter months or during the maternity DOC #2024-0149536 Page 60 of 106 MITIGATION MONITORING AND REPORTING PROGRAM season (March 15—August 31 in the Coachella Valley), when nonvolant (flightless) young are present. Any humane eviction/exclusion devices must be installed at least 10 days prior to the demolition of a structure housing bats to allow sufficient time for the bats to vacate the roost(s). BIO-6: To ensure compliance with California Fish and Game Code and the MBTA and to avoid potential impacts to nesting birds, vegetation removal and ground -disturbing activities shall be conducted outside the general bird nesting season. Any vegetation removal, ground disturbance, and/or construction activities that occur during the nesting season (February 1 — August 31) will require that all suitable habitats be surveyed for the presence of nesting birds by a qualified biologist that is Qualified Bat pre -approved by the City. Prior to commencement of Biologist 14 days prior clearing, a qualified biologist shall conduct to clearing preconstruction surveys within 14 days and repeated 3 City Planning activities days prior to ground -disturbing activities. if any active Less than nests are detected a buffer of 300 feet (500 feet for Department Outside the Significant raptors) around the nest adjacent to construction will be Project general bird delineated, flagged, and avoided until the nesting cycle is Applicant/ nesting complete. During construction activities, the qualified Developer season biologist shall continue biological monitoring activities at a frequency recommended by the qualified biologist using his or her best professional judgment, or as otherwise directed by the Wildlife Agencies. If nesting birds are detected, avoidance and minimization measures may be adjusted and construction activities stopped or redirected by the qualified biologist using their best professional judgment as otherwise directed by the Wildlife Agencies to avoid Take of nesting birds. 8I0-7: To ensure that the project will avoid any significant City Manager During construction or operational noise impacts on wildlife construction Less than using Coral Mountain, noise monitoring will occur for all Project activities Significant construction activities using heavy equipment within 150 Developer within 150 DOC #2024-0149536 Page 61 of 106 MITIGATION MONITORING AND REPORTING PROGRAM feet of the base of Coral Mountain. If noise levels exceed feet of Coral 75 dBA, construction and/or operational changes or other Mountain project modifications shall be made, as directed by the project biologist to reduce the noise levels at Coral During Special Mountain to below 75 dBA. Events Once annually 810-8: Existingnative vegetation, articular) g particularly pang shade trees, City Planning Department During Less than will be retained where feasible. Landscaping shall include Landscaping Significant native desert species. Project Applicant 8I0-9: Onslte lakes will be designed and constructed by industry professionals and will Incorporate proper aeration, circulation and filtration to maintain a balanced lake ecosystem. Lakes will be stocked with beneficial fish and Project Applicant During Less than plant species. Limited chemical applications will be operation Significant utilized as necessary. Ongoing maintenance will ensure that onslte lakes function properly to control any invasive species or other nuisance conditions. BIO-10: An education program about the Peninsular bighorn sheep and their associated habitat shall be implemented and maintained throughout the commercial, open space, and low -density community through the use of signage, pamphlets, and staff education. The Education Program should inform the reason of why specific measures are being taken to support recovery of Peninsular bighorn City Planning sheep. The Education Program should include the ecology Department During Less than of Peninsular bighorn sheep, what threats this species is operation Significant currently facing, and how recovery actions will reduce Project Applicant these threats. This includes information that explains: (1) why restrictions on toxic plants, fences, and pesticides are needed; (2) how artificial feeding of coyotes could adversely affect bighorn sheep; and (3) how recreational activities may affect sheep. The use of Interpretive signs is encouraged. DOC #2024-0149536 Page 62 of 106 MITIGATION MONITORING AND REPORTING PROGRAM 4.4Cultural CUL-1: A comprehensive recordation program shall be prepared Resources by a qualified archaeologist for Site 33-008388. The program shall contain detailed drawings and a. Adverse change measurements to preserve the information on the adobe to Historical building. Such information would include the floor plan, Resources elevations, building materials and their configurations, b. Adverse change and any other notable structural and architectural details. to The adobe remains and an appropriate buffer determined Archaeological bythe project archaeologist shall be flagged and cornered Resources off during all ground disturbance and preserved in place. c. Disturb human Prior to the occupancy of any structure in Planning Area remains II, the adobe will be fenced off and an informational plaque describing the history of the ranch complex shall be provided, and the project proponent shall provide the City with the CC&Rs for the project area, demonstrating Qualified that the feature would be maintained in perpetuity bythe Archaeologist Prior to the project's Homeowners Association. Special attention City Planning & occupancy of Less than should be given to the residence foundation, which, may Engineering any structure Significant be the remains of one of the earlier structures at the site, Department in Planning dating from 1920s or before. The footings and slabs at this Area II location should be cleared and measured, and attempts Project Applicant should be made to locate the original trash pits or privies which could contain valuable artifacts revealing much about life in the harsh environment at such an early date. The scatter of artifacts has the greatest number of pre- 1925 artifacts, mostly In the form of sun -colored glass, but also in brown and olive glass, porcelain, ceramics and more. There may be remains of an early structure near this point, hidden amidst the broad stand of tamarisk trees, an original windbreak. Search of these remains is required to ensure the most complete recovery possible of the early 20th century artifacts and features. Photos, measurements, and artifacts shall be catalogued, analyzed, reported, and curated at the Coachella Valley Museum (Love et al.1998:54). 10 DOC #2024-0149536 Page 63 of 106 MITIGATION MONITORING AND REPORTING PROGRAM CUL-2: The presence of a qualified archaeologist shall be required during all project related ground disturbing activities, including clearing and grubbing. A monitoring Qualified plan shall be prepared and approved by the ACBCI and the Archaeologist Prior to City prior to the initiation of any ground disturbing activity City Planning ground Less than for all construction phases and activities. If potentially disturbing Significant significant archaeological materials are discovered, all Department activities work must be halted in the vicinity of the archaeological ACBCI discovery until the archaeologist can assess the significance of the find. City Planning CUL-3:An approved Agua Caliente Band of Cahuilla Indians Department (ACBCI) Native American Cultural Resource Monitor shall Agua Caliente be present during any ground disturbing activities Band of Cahuilla During ground (including archaeological testing and surveys) for the Indians — Native disturbing Less than project. If potentially significant archaeological materials American activities Significant are discovered, all work must be halted in the vicinity of Resource the archaeological discovery until the Tribal monitor can Monitor assess the significance of the find. Project Applicant Agua Caliente CUL-4: Prior to ground disturbance during any phase of the Tribal Historic Prior to project, cultural sensitivity training shall take place for all Preservation ground Less than workers, conducted by the Agua Caliente Tribal Historic Office disturbing Significant Preservation Office (THPO). activity Project Applicant CUL-5: Sites 33-00193, 33-001715, and 33-009545, along the base of Coral Mountain and at the toe of the slope, which contains the rock art panels and bedrock milling features, City Planning Department During ground shall be avoided and protected In situ during project disturbing and Less than construction through the establishment of ABCBI construction Significant Environmentally Sensitive Areas. Deed restrictions shall activity be recorded for the Environmentally Sensitive Areas and Project Applicant provided to the City prior to any ground disturbance of any portion of Planning Area III. Forthe balance of Site 33- 11 DOC #2024-0149536 Page 64 of 106 MITIGATION MONITORING AND REPORTING PROGRAM 001715, where scattered artifacts but no features were found, mitigative surface collection and subsurface excavation shall be completed prior to ground disturbance to recover a representative sample of the cultural materials prior to the commencement of the project and as a condition of grading permit issuance. The excavation shall include a combination of standard archaeological units, shovel test pits, and backhoe trenches to optimize both efficient coverage of the site area and safe recovery of cultural remains. The survey protocols shall be approved by ACBCI and their approval provided to the City in writing prior to the initiation of any ground disturbing activity on the site. Section 4.6, Qualified Soils Geology and Soda Engineer GEO-1 All designs for any water body on the site shall be a. Expose people or prepared by a qualified engineer and comply with all City Planning, structures to seismic codes in effect at the time they are constructed. Engineering & Prior to site Less than potential All designs shall be based on and incorporate the Public Works Plan approval Significant substantial recommendation of a qualified soils engineer in a site and Department adverse effects water body specific report attached to the plans involving: submitted to the City. Project Ili. Seismic- Applicant/ related Developer GEO-2AII earthwork including excavation, backfill and Qualified Soils ground failure, preparation of the subgrade soil, shall be performed in Engineer including accordance with the geotechnical recommendations, liquefaction presented below, and portions of the local regulatory City Planning, c. Located on an requirements, as applicable. All earthwork should be Engineering & During ground Unstable performed under the observation and testing of a Public Works disturbing Less than Geologic Unit qualified soil engineer. The following geotechnical Department activities Significant d. Located on engineering recommendations for the proposed project Expansive Soil are based on observations from the field Investigation Project f. Destroy a program, laboratory testing and geotechnical engineering Applicant/ unique analyses. Developer 12 DOC #2024-0149536 Page 65 of 106 MITIGATION MONITORING AND REPORTING PROGRAM paleontological • Stripping: areas to be graded shall be cleared of the resource or site vegetation, associated root systems and debris. All or unique areas scheduled to receive fill should be cleared of old geologic feature fills and any irreducible matter. The stripping shall be removed ofF-sit or stockpiled for later use in landscape areas. Undocumented fill soil or loose soil shall be removed in its entirety and replaced as engineered fill. Voids left by obstruction shall be properly backfilled in accordance with the compaction recommendations of this report. • Preparation of the Residential Building Areas: in order to provide firm and uniform foundation bearing conditions, the primary foundation bearing soil shall be over -excavated and recompacted. Over - excavation shall extend to a minimum depth of 3 feet below existing grade or 3 feet blow the bottom of the footings, whichever is deeper. Once adequate removals have been verified, the exposed native soil shall be scarified, the moisture -conditioned and compacted to a minimum of 90 percent relative compaction. • Compaction: Soil to be used as engineered fill should be free of organic material, debris and other deleterious substances, and shall not contain irreducible matter greater than six (6) inches in maximum dimension. All fill materials shall be placed in thin lifts not exceeding six inches in a loose condition. If import fill is required, the material shall be of a non -expansive nature and shall meet the following criteria: Plastic Index Less than 12 Liquid Limit Less than 35 Percent Soil Passing Between 15%and #200 Sieve 35% Maximum Aggregate 3 Inches Size 13 DOC #2024-0149536 Page 66 of 106 MITIGATION MONITORING AND REPORTING PROGRAM The subgrade and all fill material shall be compacted with acceptable compaction equipment, to at least 90 percent relative compaction. The bottom of the exposed subgrade shall be observed by a representative of Sladden Engineering prior to fill placement. Compaction testing shall be performed on all lifts in order to verify proper placement of the fill materials. • Shrinkage and Subsidence: Volumetric shrinkage of the material that is excavated and replaced as controlled compacted fill shall be anticipated. It is estimated that shrinkage could vary from 10 percent to 25 percent. Subsidence of the surfaces that are scarified and compacted shall be between 1 and 3 tenths of a foot. This will vary depending upon the type of equipment used, the moisture content of the soil at the time of grading and the actual degree of compaction attained. GEO-3 All earth -moving operations reaching beyond the depth of two feet shall be monitored by a qualified paleontological monitor and continuous monitoring will become necessary if undisturbed, potentially fossiliferous lakebed sediments are encountered. The monitor shall be City Planning, empowered to stop earth moving activities if fossils are Department During earth - identified. The monitor shall be prepared to quickly Qualified moving salvage fossils, but must have the power to temporarily Paleontological operations Less than halt or divert construction equipment to allow for Monitor reaching Significant removal of abundant or large specimens. A monitoring beyond the plan shall be provided to the City prior to the Issuance of Project depth of two any earth moving permit, or the disturbance of any soils Applicant feet on the site, which will include: Developers • Samples of sediments shall be collected and processed to recover small fossil remains. • Recovered specimens shall be identified and curated at a repository with permanent retrievable storage 14 DOC #2024-0149536 Page 67 of 106 MITIGATION MONITORING AND REPORTING PROGRAM that would allow for further research in the future. • A report of findings, including an itemized inventory of recovered specimens and a discussion of their significance when appropriate, shall be prepared upon completion ofthe research procedures outlined above. The report shall be provided to the City within 30 ays of the conclusion of monitoring activities. Section 4.7, GHG-1: Prior to the issuance of occupancy permits, the Project Greenhouse Gas Applicant shall purchase a minimum of 72,000 MTCO2e Emissions credits (2,400 MTCO2e per year for 30 years). The purchase of carbon credits must be made from a CARB- a. GHG Emissions approved carbon registry with independent third -party that may verification. Examples of approved registries include the Significantly American Carbon Registry, Climate Action Reserve, and City Planning Prior to the Impact the Verra. The applicant shall submit documentation of the Department issuance of Significant and Environment offsetpurchasetotheCitydemonstratingthatitmitigates occupancy Unavoidable a minimum of 2,400 MTCO2e per year (72,000 MTCO2e Project Applicant permits over a 30-year period), prior to any occupancy of the site. Alternatively, the Project Applicant may submit a GHG reduction plan to the City for approval that achieves an equal level of GHG reduction outlined herein. The GHG plan must include enforceable actions that reduce GHG emissions to at or below the total mitigated values resented herein. Section 4.11, Noise N0I-1 Prior to approval of grading plans and/or issuance of Prior to the building permits, plans shall Include a note indicatingthat City Planning & approval of a. Generation of project construction activities shall comply with the City public Works grading plans noise levels in of La Quinta Municipal Code requirements. Department and/or Less than excess of N0I-2 During all project site construction, the construction issuance of Significant established contractors shall equip all construction equipment, fixed Project building standards or mobile, with property operating and maintained Applicant/ permits b. Generation of mufflers, consistent with manufacturers' standards. The Developer excessive construction contractor shall place all stationary 15 DOC #2024-0149536 Page 68 of 106 MITIGATION MONITORING AND REPORTING PROGRAM groundborne construction equipment so that emitted noise is directed vibration away from the noise sensitive receptors nearest the project site. N0I-3 The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and noise - sensitive receivers nearest the project site during all project construction (i.e., to the center). N0I-4 The contractor shall design delivery routes to minimize the exposure of sensitive land uses or residential dwellings to delivery truck -related noise. N0I-5 A six-foot perimeter wall will be developed along the northern and eastern property boundaries, adjacent to the proposed Low Density Residential Planning Area, in order to protect the proposed onsite residential uses City Planning & from off -site traffic noise. The barriers shall provide a Public Works weight of at least four pounds per square foot of face area Department During Less than with no decorative cutouts or line -of -sight openings construction Significant between shielded areas and the roadways. The barrier Project must present a solid face from top to bottom. Applicant/ Unnecessary openings or decorative cutouts shall not be Developer made. All gaps (except for weep holes) should be filled with grout or caulking. Section 4.13, TRA-1 The project proponent shall contribute DIF as required Transportation by the City of La Quinta. City Public Works Prior to the Department issuance of Less than a. Conflict with an TRA-2 The project proponent shall contribute TUMF traffic Building Significant applicable plan impact mitigation fees prior to the issuance of Building Project Applicant Permits. permits. orpolisi addressingthe TRA-3The project proponent shall ensure that streetsca e P � P P P Prior to the circulation Improvement plans for the project frontage on Avenue City Planning & Public Works initiation of Less than 58, Madison Street and Avenue 60, are submitted to the landscape or system City for review and approval prior to the initiation of Department P roadway Significant landscape or roadway improvements. improvements 16 DOC #2024-0149536 Page 69 of 106 MITIGATION MONITORING AND REPORTING PROGRAM c. Increase Project Applicant hazards due to a geometric TRA-4 The project proponent shall ensure that clear City Planning & Prior to the design feature unobstructed sight distances are provided at all site Public Works approval of d. Result in access points and internal intersections. Sight distances Department landscape or Less than inadequate shall be reviewed and approved by the City prior to roadway Significant emergency approval of landscape and street improvement plans. Project Applicant improvements access TRA-5 The project proponent shall ensure that final layout and City Traffic y Prior to final site access design are subject to the review and approval Engineer project Less than oftheCityTrafficEngineer prior tofinalproject approval. approval Significant Project Applicant Fire Department TRA-6 The project proponent shall ensure that emergency City Planning & Prior to final Less than police, fire and paramedic vehicle access are provided Public Works project Significant for the project prior to final project approval. Department approval Project Applicant TRA-7 The project proponent shall ensure that traffic signing City Planning & During the and striping plans shall be developed in conjunction with Public Works project Less than street improvement plans and submitted to the City of Department approval Significant La Quinta for review and approval during the project approval process. Project Applicant Process TRA-8 The project proponent shall ensure that Construction City Planning & Traffic Control Plans are reviewed and approved by the Public Works Prior to City prior to project construction. These plans are to be Department project Less than implemented during construction activities. construction Significant Construction includes onsite and offsite improvements. Project Applicant TRA-15 The project proponent shall ensure that the proposed City Planning Coral Mountain Interpretive Center trail designated by Department the Desert Recreation District Master Plan and associated Prior to Less than with the future Coral Mountain Interpretive Center is Desert project Significant incorporated into project plans. Accommodations for this Recreation approval trail shall be located along the approximate toe of Coral District Mountain, within the designated conservation area at the 17 DOC #2024-0149536 Page 70 of 106 MITIGATION MONITORING AND REPORTING PROGRAM southwestern edge of the property. Project Applicant Section 4.14, Tribal Qualified Cultural Resources Archaeologist TCR-1: Before ground disturbing activities begin, the applicant a. Cause shall contact the ACBCI Tribal Historic Preservation Office Agua Caliente substantial to arrange cultural monitoring. The project requires the Native American adverse change presence of an approved Agua Caliente Native American Cultural in significance of Cultural Resource Monitor(s) during any ground Resource Prior to tribal cultural disturbing activities (including archaeological testing and Monitor ground resource that Is surveys). Should buried cultural deposits be encountered, disturbing Less than I. A site listed In the Monitor may request that destructive construction ACBCI Tribal activities Significant theCRHRor halt in the vicinity of the deposits, and the Monitor shall Y P Historic Local Register, notify a Qualified Archaeologist (Secretary of the Preservation Tribal Cultural Interior's Standards and Guidelines), within 24 hours, to Office Resources investigate and, if necessary, prepare a mitigation plan for ii. A resource submission to the State Historic Preservation Officer and City Planning determined to the Agua Caliente Tribal Historic Preservation Office. Department be significant to California Project Applicant a Native TCR-2: The presence of a qualified archaeologist shall be American required during all project related ground disturbing Qualified tribe. activities, including clearing and grubbing. A monitoring Archaeologist plan shall be prepared and approved by the ACBCI and During all provided to the City prior to the initiation of any ground ACBCI ground Less than disturbing activity for all construction phases and City Planning disturbing Significant activities. If potentially significant archaeological Department activities materials are discovered, all work must be halted in the vicinity of the archaeological discovery until the Project Applicant archaeologist can assess the significance ofthefind. 18 DOC #2024-0149536 Page 71 of 106 MITIGATION MONITORING AND REPORTING PROGRAM TCR-3: Before ground disturbing activities, the project's archaeologist shall prepare an Archaeological Treatment, Disposition, and Monitoring Plan to be submitted to the ACBCI Tribal Historic Preservation Office for approval. The Treatment, Disposition and Monitoring Plan shall be deemed rejected by ACBCI's Tribal Historic Preservation Office if no action to approve the plan is taken within 30 days from submission for approval. If the ACBCI Tribal Historic Preservation Office rejects two Treatment, Qualified Disposition and Monitoring Plans submitted for approval, Archaeologist the applicant may appeal the second denial to the La Quinta City Council for a final determination. The ACBCI Tribal approved Treatment, Disposition and Monitoring Plan Historic Prior to shall be provided to the City prior to any ground Preservation round disturbance on the site. Office disturbing Less than Significant TCR-4: Before ground disturbing activities, the project's City Planning activities archaeologist shall prepare a Rock Art Management Plan, Department based on recommendations made in the report by McCarthy and Mouriquand, and shall submit the plan to City Council the ACBCI Tribal Historic Preservation Office for approval. The Rock Art Management Plan shall be deemed rejected Project Applicant by ACBCI's Tribal Historic Preservation Office if no action is taken to approve the plan within 30 days of submission for approval. If the ACBCI Historic Preservation Office rejects two Rock Art Management Plans submitted for approval, the applicant may appeal the second denial to the La Quinta City Council for a final determination. The approved Rock Art Management Plan shall be provided to the City prior to any ground disturbance on the site. TCR-5: Sites 33-00193, 33-001715, and 33-009545, along the Qualified During project base of Coral Mountain and at the toe of the slope, which Archaeologistconstruction Less than contain the rock art panels and bedrock milling features, City Planning & Prior to Significant shall be avoided and protected in situ during project Department ground construction through the establishment of disturbance in 19 DOC #2024-0149536 Page 72 of 106 MITIGATION MONITORING AND REPORTING PROGRAM Environmentally Sensitive Areas; the Environmentally Sensitive Areas shall be recorded on the property, and proof of recordation shall be provided to the City prior to any ground disturbance in Planning Area III. Nominations of these sites to the National Register of Historic Places shall be filed with the appropriate federal agency prior to the issuance of the first grading permit; and the sites shall be subject to the provisions of the Rock Art Management Plan. Project Applicant Planning Area III TCR-6: For the portion of Site 33-001715 outside the preservation area established in TCR-5, mitigative surface collection and subsurface excavation shall be completed prior to any ground disturbance in Planning Area III to recover a representative sample of the cultural materials prior to the commencement of the project and as a condition of grading permit issuance. The excavation shall include a combination of standard archaeological units, Qualified shovel test pits, and backhoe trenches to optimize both Archaeologist efficient coverage of the site area and safe recovery of Prior to cultural remains. The survey protocols shall be approved ACBCI ground Less than by ACBCI. A report of findings, including written disturbance in Significant confirmation of completion to ACBCI's satisfaction, shall City Planning Planning Area be provided to the City prior to ground disturbance. Department III TCR-7: Prior to ground disturbance in Planning Area III, a Project Applicant qualified archaeologist shall complete surface collection, testing and excavation if necessary, for sites 33-1716, 33- 1717, 33-8386, 33-9001, 33-9003, 33-28907, 33-28908, 33-28909, 33-28910, 33-28911, 33-28912. A report of findings including written confirmation of completion to ACBCI's satisfaction, shall be provided to the City prior to ground disturbance. TCR-8: A comprehensive recordation program shall be prepared Qualified Archaeologist Prior to the Less than by a qualified archaeologist for Site 33-008388. The occupancy of Significant 20 DOC #2024-0149536 Page 73 of 106 MITIGATION MONITORING AND REPORTING PROGRAM program shall contain detailed drawings and City Planning any structure measurements to preserve the information on the adobe Department in Planning building. Such information would include the floor plan, Area II elevations, building materials and their configurations, Project Applicant and anyother notable structural and architectural details. The adobe remains and an appropriate buffer determined bythe project archaeologist shall be flagged and cornered off during all ground disturbance and preserved in place. Prior to the occupancy of any structure in Planning Area If, the adobe will be fenced off and an informational plaque describing the history of the ranch complex shall be provided, and the project proponent shall provide the City with the CC&Rs for the project area, demonstrating thatthe feature would be maintained in perpetuity bythe project's Homeowners Association. Special attention should be given to the residence foundation, which, may be the remains of one of the earlier structures at the site, dating from 1920s or before. The footings and slabs at this location should be cleared and measured, and attempts should be made to locate the original trash pits or privies which could contain valuable artifacts revealing much about life in the harsh environment at such an early date. The scatter of artifacts has the greatest number of pre- 1925 artifacts, mostly in the form of sun -colored glass, but also in brown and olive glass, porcelain, ceramics and more. There may be remains of an early structure near this point, hidden amidst the broad stand of tamarisk trees, an original windbreak. Search of these remains is required to ensure the most complete recovery possible of the early 20th century artifacts and features. Photos, measurements, and artifacts shall be catalogued, analyzed, reported, and curated at the Coachella Valley Museum (Love et al.1998:54). TCR-9: The applicant shall coordinate with ACBCI Tribal Historic ACBCI THPO Prior to each Less than Preservation Office to ensure there are a sufficient phase of Significant 041 DOC #2024-0149536 Page 74 of 106 MITIGATION MONITORING AND REPORTING PROGRAM number of Native American monitors for the number of City Planning ground earth -moving machinery for each phase of development. Department disturbing The applicant shall provide the City with fully executed activity monitoring agreements prior to each phase of ground Project Applicant disturbing activity. TCR-10: Should human remains be inadvertently discovered during ground disturbance, the provisions of California Health and Safety Code Section 7050.5, and the CEQA Guidelines Section 15064.5 shall be followed. In the event of discovery or recognition of any human remains In any County Coroner location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site of the City Planning During ground Less than remains, or an nearby area reasonably suspected to Y Y Y P Department disturbing Significant overlay adjacent remains, until the County Coroner has activities examined the remains. If the coroner determines the Project Applicant remains to be Native American or has reason to believe that they are those of Native American, the coroner shall contact the Native American Heritage Commission within 24-hours. ACBCITHPO TCR-11: Prior to any ground disturbance, the applicant shall sign Prior to a curation agreement with the ACBCI THPO. A fully City Planning ground Less than executed copy of the agreement shall be provided to the Department disturbing Significant City. activities Project Applicant ACBCI THPO TCR-12: Prior to any ground disturbance, cultural sensitivity Prior to training shall take place for all contractors with the staff City Planning ground Less than at the Agua Caliente Tribal Historic Preservation Office Department disturbing Significant (THPO). activities Project Applicant 22 DOC #2024-0149536 Page 75 of 106 EXHIBIT "E" CONDITIONS OF APPROVAL (Attached) EXHIBIT "E" DOC #2024-0149536 Page 76 of 106 Resolution No_ 2024-008 Conditions of Approval - Final General Plan Amendment 2023-1000.- Zone Change 2023-1000; Specfic Plan Amendment 2023-0003; Tentative Tract Map 2023-0005 (fTM 37815); Development Agreement 2023-1000 Project Club At Coral Maintain Adopted: March 5, 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 DOC #2024-0149536 Page 77 of 106 Resolution No. 2024-008 Conditions of Approval - Final General Plan Amendment 2023-1000; Zone Change 2023-1000; Specific Plan Amendment 2023-0003; Tentative Tract Map 2023-0005 (TTM 37815); Development Agreement 2023-1000 Project: Club At Coral Mountain Adopted: March 5, 2024 Page 2 of 3 • 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. DOC #2024-0149536 Page 78 of 106 Resolution No. 2024-008 Conditions of Approval - Final General Plan Amendment 2023-1000; Zone Change 2023-1000; Specific Plan Amendment 2023-0003; Tentative Tract Map 2023-0005 (TTM 37815); Development Agreement 2023-1000 Project: Club At Coral Mountain Adopted: March 5, 2024 Page 3 of 3 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. DOC #2024-0149536 Page 79 of 106 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 , 2024, (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" DOC #2024-0149536 Page 80 of 106 EXHIBIT "G" CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE AS OF EFFECTIVE DATE. (for reference only) (Attached) EXHIBIT "G" DOC #2024-0149536 Page 81 of 106 Title 3 - REVENUE AND FINANCE Chapter 3.25 SHORT-TERM VACATION RENTALS Chapter 3.25 SHORT-TERM VACATION RENTALS 3.25.010 Title. This chapter shall be referred to as the "Short -Term Vacation Rental Regulations." ( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501§2,2012) 3.25.020 Purpose. A. The purpose of this chapter is to establish regulations for the use of privately owned residential dwellings as short-term vacation rentals that ensure the collection and payment of transient occupancy taxes (TOT) as provided in Chapter 3.24 of this code, and minimize the negative secondary effects of such use on surrounding residential neighborhoods. B. This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term vacation rental purposes as defined in this chapter. C. The requirements of this chapter shall be presumed to apply to any residential dwelling that has received a short-term vacation rental permit. A rebuttable presumption arises that, whenever there is an occupant(s), paying rent or not, of a residential dwelling that has received a short-term vacation rental permit, the requirements of this chapter shall apply, including but not limited to any suspension or other modifications imposed on a short-term vacation rental permit as set forth in this chapter. The city manager or authorized designee shall have the authority to implement any necessary or appropriate policies and procedures to apply the rebuttable presumption set forth in this section. ( Ord. No. 607, Exh. A,12-5-2023; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.030 Definitions. For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section: "Advertise, ""advertisement, ""advertising, ""publish," and "publication" mean any and all means, whether verbal or written, through any media whatsoever whether in use prior to, at the time of, or after the enactment of the ordinance adding this definition, used for conveying to any member or members of the public the ability or availability to rent a short-term vacation rental unit as defined in this section, or used for conveying to any member or members of the public a notice of an intention to rent a short-term vacation rental unit as defined in this section. For purposes of this definition, the following media are listed as examples, which are not and shall not be construed as exhaustive: verbal or written announcements by proclamation or outcry, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed or poster display, billboard display, e-mail or other electronic/digital messaging platform, electronic commerce/commercial Internet websites, and any and all other electronic media, television, radio, satellite -based, or Internet website. "Applicable laws, rules and regulations" means any laws, rules, regulations and codes (whether local, state or federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term vacation rental. La Quinta, California, Municipal Code (Supp. No. 4) Page 1 of 19 Created: 2024-03-07 10:04:43 [EST] DOC #2024-0149536 Page 82 of 106 "Applicant" means the owner of the short-term vacation rental unit. "Authorized agent or representative" means a designated agent or representative who is appointed by the owner and is also responsible for compliance with this chapter with respect to the short-term vacation rental unit. "Booking transaction" means any reservation or payment service provided by a person or entity who facilitates a home -sharing or vacation rental (including short-term vacation rental) transaction between a prospective occupant and an owner or owner's authorized agent or representative. "City manager" means that person acting in the capacity of the city manager for the city of La Quinta or authorized designee. "Declaration of non-use" means the declaration described in Section 3.25.050. "Dwelling" has the same meaning as set forth in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code; "dwelling" does not include any impermanent, transitory, or mobile means of temporary lodging, including but not limited to mobile homes, recreational vehicles (RVs), car trailers, and camping tents. "Estate home" is defined as a single-family detached residence with five (5) or more bedrooms, subject to evaluation criteria and inspection of the property pursuant to Section 3.25.060(D)(1). An estate home is a sub -type of short-term vacation rental unit and shall be subject to a general short-term vacation rental permit, primary residence short-term vacation rental permit, or homeshare short-term vacation rental permit, as applicable, pursuant to this chapter. "General short-term vacation rental permit" is a type of short-term vacation rental permit that is neither a homeshare short-term vacation rental permit nor a primary residence short-term vacation rental permit. "Good neighbor brochure" means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term vacation rental units. "Homeshare short-term vacation rental permit" is a type of short-term vacation rental permit whereby the owner hosts visitors in the owner's dwelling, for compensation, for periods of thirty (30) consecutive calendar days or less, while the owner lives on -site and in the dwelling, throughout the visiting occupant's stay. "Hosting platform" means a person or entity who participates in the home -sharing or vacation rental (including short-term vacation rental) business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation, including but not limited to the Internet. "Large lot" means a single "parcel," as defined in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code, that meets all of the criteria set forth in subsection (A) of Section 3.25.057. "Local contact person" means the person designated by the owner or the owner's authorized agent or representative who shall be available twenty-four (24) hours per day, seven (7) days per week with the ability to respond to the location within thirty (30) minutes for the purpose of: (1) taking remedial action to resolve any complaints; and (2) responding to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit. A designated local contact person must obtain a business license otherwise required by Sections 3.24.060 and 3.28.020 (or successor provisions, as may be amended from time to time) of this code. "Management company" means any individual or entity, whether for profit or nonprofit, and regardless of entity type, such as a limited liability company, corporation, or sole proprietorship, that is retained by an owner to be the owner's authorized agent or representative, or is the owner of a short-term vacation rental unit subject to this chapter, and is engaged in or represents itself to be engaged in the business of managing real property. (Supp. No. 4) Page 2 of 19 Created: 2024-03-07 10:04:43 [EST] DOC #2024-0149536 Page 83 of 106 "Notice of permit modification, suspension or revocation" means the notice the city may issue to an applicant, authorized agent or representative, local contact person, occupant, owner, responsible person, or any other person or entity authorized to be issued such notice under this code for a short-term vacation rental unit, upon a determination by the city of a violation of this chapter or other provisions of this code relating to authorized uses of property subject to this chapter. "Occupant" means any person(s) occupying the dwelling at any time. "Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term vacation rental unit. "Primary residence" means a dwelling where an owner spends the majority of the calendar year on the property used as a short-term vacation rental unit, and the property is identified in the Riverside County assessor's record as the owner's primary residence. "Primary residence short-term vacation rental permit" is a type of short-term vacation rental permit whereby the short-term vacation rental unit is the owner's primary residence, as defined herein in this section. "Property" means a residential legal lot of record on which a short-term vacation rental unit is located. "Qualified and certified large lot" has the meaning as set forth in Section 3.25.057. "Rent" has the same meaning as set forth in Section 3.24.020 (or successor provision, as may be amended from time to time) of this code. "Rental agreement" means a written or verbal agreement for use and occupancy of a privately -owned residential dwelling that has been issued a short-term vacation rental permit, including a dwelling that may have a permit which has been or is under suspension. "Responsible person" means the signatory of an agreement for the rental, use and occupancy of a short-term vacation rental unit, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner(s), owner's authorized agent(s) or representative(s), local contact(s), and their guests, who shall be an occupant of that short-term vacation rental unit, who is at least twenty-one (21) years of age, and who is legally responsible for ensuring that all occupants of the short-term vacation rental unit and/or their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. "Short-term vacation rental permit" means a permit that permits the use of a privately owned residential dwelling as a short-term vacation rental unit pursuant to the provisions of this chapter, and which incorporates by consolidation a transient occupancy permit and a business license otherwise required by Sections 3.24.060 and 3.28.020 (or successor provisions, as may be amended from time to time) of this code. A short-term vacation rental permit is one (1) of the following types: (1) general short-term vacation rental permit, (2) primary residence short-term vacation rental permit, or (3) homeshare short-term vacation rental permit, as defined in this section. "Short-term vacation rental unit" means a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple -family attached unit, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings and/or property and/or yard features appurtenant thereto, rented for occupancy and/or occupied for dwelling, lodging, or any transient use, including but not limited to sleeping overnight purposes for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days, by any person(s) with or without a rental agreement. "STVR" may be used by city officials as an abbreviation for "short-term vacation rental." "Suspension" means that short-term vacation rental permit that is suspended pursuant to Section 3.25.090. "Tenant" or "transient," for purposes of this chapter, means any person who seeks to rent or who does rent, or who occupies or seeks to occupy, for thirty (30) consecutive calendar days or less, a short-term vacation rental unit. (Supp. No. 4) Page 3 of 19 Created: 2024-03-07 10:04:43 [EST] DOC #2024-0149536 Page 84 of 106 ( Ord. No. 607, Exh. A, 12-5-2023; Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.040 Authorized agent or representative. A. Except forthe completion of an application for a short-term vacation rental permit and business license, the owner may designate an authorized agent or representative to ensure compliance with the requirements of this chapter with respect to the short-term vacation rental unit on his, her or their behalf. Nevertheless, the owner shall not be relieved from any personal responsibility and personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such noncompliance was committed by the owner's authorized agent or representative or the occupants of the owner's short-term vacation rental unit or their guests. B. The owner must be the applicant for and holder of a short-term vacation rental permit and business license and shall not authorize an agent or a representative to apply for or hold a short-term vacation rental permit and business license on the owner's behalf. The owner's signature is required on all short-term vacation rental application forms, and the city may prescribe reasonable requirements to verify that an applicant or purported owner is the owner in fact. ( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.050 Short-term vacation rental permit —Required. A. The owner is required to obtain a short-term vacation rental permit and a business license from the city before the owner or the owner's authorized agent or representative may rent or advertise a short-term vacation rental unit. No short-term vacation rental use may occur in the city except in compliance with this chapter. No property in the city may be issued a short-term vacation rental permit or used as a short-term vacation rental unit unless the property is a residential dwelling that complies with the requirements of this chapter. B. A short-term vacation rental permit and business license shall be valid for one (1) year and renewed on an annual basis in order to remain valid. 1. A short-term vacation rental permit and business license renewal application shall be submitted no earlier than sixty (60) calendar days prior to the permit's expiration date, but no later than the permit's expiration date. Failure to renew a short-term vacation rental permit as prescribed in this section may result in the short-term vacation rental permit being terminated. 2. A new owner of a property (or a new person and/or new entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) previously operated as a short-term vacation rental unit by the former owner (or by a former person or entity that owned or controlled the business or organization or other entity of any kind that continues to be the owner of the property) may not renew the previous owner's short-term vacation rental permit and shall apply for a new short-term vacation rental permit, pursuant to this chapter, if the new owner (or new person and/or new entity that owns or controls a business or organization or other entity of any kind that continues to be the owner of a property) wants to continue to use the residential dwelling as a short-term vacation rental unit. For purposes of this subsection, a transfer of a short-term vacation rental unit with a valid short-term vacation rental permit resulting from any of the following shall not be deemed a transfer to a new owner which would otherwise trigger the requirement to apply for and obtain a new short-term vacation rental permit: (Supp. No. 4) Page 4 of 19 Created: 2024-03-07 10:04.143 [EST] DOC #2024-0149536 Page 85 of 106 (a) Transfers to an entity of any kind, such as a limited liability company or a trust, where the member(s) of the entity or beneficiary(ies) of the trust is(are) the owner(s) of the real property with a valid short-term vacation rental permit, and the proportionate interest(s) of the owner(s) are the same for the real property placed in the entity. (b) Transfers that take effect upon the death of an owner to an heir designated by the owner (by devise, bequest, or similar transfer upon death) who is any of the following: (i) surviving spouse or domestic partner; or (ii) surviving sibling related by blood or in law, such as a brother, sister, brother-in-law, sister-in-law, step -brother, or step -sister; or (iii) surviving parent or grandparent by blood or in law, such as a mother, father, mother-in-law, father-in-law, step -mother, step- father, grandmother, grandfather, grandmother -in-law, grandfather -in-law, step -grandmother, or step -grandfather; (iv) surviving child or grandchild, such as a daughter, son, daughter-in-law, son-in-law, step -daughter, step -son, granddaughter, grandson, granddaughter -in-law, grandson - in -law, step -granddaughter, or step -grandson. (c) Transfers to a trust with the beneficiary(ies) identified as an heir described in subsection 8(2)(b) above. 3. If an owner or an owner's authorized agent or representative, pursuant to all applicable laws, constructs additional bedrooms to an existing residential dwelling or converts non -bedroom spaces and areas in an existing residential dwelling into additional bedrooms, the owner or owner's authorized agent or representative shall notify the city and update the short-term vacation rental unit's online registration profile upon city approval of the addition or conversion so that the city may confirm that such conversion is consistent with this chapter and the code, including all applicable provisions in Title 8 of the code, and reissue the short-term vacation rental permit so that it accurately identifies the number of approved bedrooms, if the owner wants to continue to use the dwelling as a short-term vacation rental unit. The city may conduct an on -site inspection of the property to verify compliance with this chapter and the code. Code compliance inspections may be billed for full cost recovery at one (1) hour for initial inspection and in thirty (30)-minute increments for each follow-up inspection pursuant to subsection D. For purposes of this chapter, "reissue" or "reissuance" of a short-term vacation rental permit means a permit that is reissued by the city, with corrected information, as applicable, to be valid for the balance of the existing one (1)-year permit and license period. C. A short-term vacation rental permit and business license shall be valid only for the number of bedrooms in a residential dwelling equal to the number of bedrooms the city establishes as eligible for listing as a short- term vacation rental unit. The allowable number of bedrooms shall meet all applicable requirements under federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as may be amended from time to time) governing "additional bedrooms" and all applicable building and construction codes in Title 8 of this code. A short-term vacation rental permit shall not be issued for, or otherwise authorize the use of, additional bedrooms converted from non -bedroom spaces or areas in an existing residential dwelling except upon express city approval for the additional bedrooms in compliance with this code, including Section 9.50.100 (or successor provision, as may be amended from time to time), and upon approval of an application for a new or renewed short-term vacation rental permit as provided in subsection B. D. A short-term vacation rental permit and business license shall not be issued, and may be suspended or permanently revoked, if the property, or any building, structure, or use or land use on the property is in violation of this code. The city may conduct an inspection of the property prior to the issuance or renewal of a short-term vacation rental permitand/or business license. Code compliance inspections may be billed for full cost recovery at one (1) hour for initial inspection and in thirty (30)-minute increments for each follow-up inspection. For purposes of this subsection, a code violation exists if, at the time of the submittal of an application for a new or renewed short-term vacation rental permit or business license, the city has commenced administrative proceedings by issuing written communication and/or official notice to the Created: 2024-03-07 10:04:43 [EST] (Supp. No. 4) Page 5 of 19 DOC #2024-0149536 Page 86 of 106 owner or owner's authorized agent or representative of one (1) or more code violations. For purposes of this chapter, "building," "structure," and "use or land use" have the same meanings as set forth in Section 9.280.030 (or successor provisions, as may be amended from time to time) of this code. E. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if any portion of transient occupancy tax has not been reported and/or remitted to the city for the previous calendar year by the applicable deadline for the reporting and/or remittance of the transient occupancy tax. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if the residential dwelling to be used as a short-term rental unit lacks adequate on -site parking. For purposes of this subsection, "adequate on -site parking" shall be determined by dividing the total number of occupants commensurate with the approved number of bedrooms as provided in the table under Section 3.25.070 by four (4), such that the ratio of the maximum allowed number of overnight occupants to on -site parking spots does not exceed four to one (4:1). For example, a residential dwelling with five (5) bedrooms may permissibly host a total number of ten (10) to twelve (12) overnight occupants and therefore requires three (3) on -site parking spots. On -site parking shall be on an approved driveway, garage, and/or carport areas only in accordance with Section 3.25.070(R), and no more than two (2) street parking spots may count towards the number of on -site parking spots necessary to meet the "adequate on -site parking" requirement under this subsection. G. An owner or owner's authorized agent or representative who claims not to be operating a short-term vacation rental unit or who has obtained a valid short-term vacation rental permit and business license pursuant to this chapter, may voluntarily opt -out of the requirements of this chapter, prior to the issuance or expiration of a short-term vacation rental permit and business license that are applicable to the short-term vacation rental unit, only upon the owner, the owner's authorized agent or representative and/or the owner's designated local contact person executing, under penalty of perjury, a declaration of non-use as a short-term vacation rental unit, in a form prescribed by the city (for purposes of this chapter, a "declaration of non-use"). Upon the receipt and filing by the city of a fully executed declaration of non-use, the owner or owner's authorized agent or representative shall be released from complying with this chapter as long as the property is not used as a short-term vacation rental unit. Use of the property as a short-term vacation unit after the city's receipt and filing of a declaration of non-use, is a violation of this chapter. If, after a declaration of non-use has been received and filed by the city, the owner or owner's authorized agent or representative wants to use that property as a short-term vacation rental unit, the owner shall apply for a new short-term vacation rental permit and business license and fully comply with the requirements of this chapter and the code; provided, however, that if a short-term vacation rental permit is or will be suspended on the date an owner or owner's authorized agent or representative submits to the city a declaration of non- use for the short-term vacation rental unit under suspension, then the owner may apply for a new short- term vacation rental permit and business license only after twelve (12) consecutive months have elapsed from the date of the declaration of non-use, and the owner and owner's authorized agent or representative otherwise shall fully comply with the requirements of this chapter and the code. ( Ord. No. 607, Exh. A, 12-5-2023; Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.055 Non -issuance of new short-term vacation rental permits; periodic council review. A. Commencing May 20, 2021, which is the effective date of Ordinance No. 596 which added this section, there shall be no processing of, or issuance for, any applications for a new short-term vacation rental permit, required by this chapter to use or operate a short-term vacation rental unit in the city, except applications for a new a short-term vacation rental permit covering a short-term vacation rental unit that meets one (1) or more of the following: (Supp. No. 4) Page 6 of 19 Created: 2024-03-07 10:04:43 [EST] DOC #2024-0149536 Page 87 of 106 1. A residential dwelling within a residential project located in the CT Tourist Commercial District zone, as defined in Section 9.70.070 (or successor section) of this code and depicted in the city's official zoning map. 2. A residential dwelling within a residential project located in the VC Village Commercial District zone, as defined in Section 9.70.100 (or successor section) of this code and depicted in the city's official zoning map. 3. A residential dwelling within a residential project subject to a development agreement with the city, or subject to a condition of approval(s) attached to any entitlement approved by the city (including but not limited to a specific plan, subdivision map, or site development permit), pursuant to which short- term vacation rentals are a permitted use, and the residential dwelling's use as a short-term vacation rental is authorized under a declaration of covenants, conditions, and restrictions (CC&Rs), for the residential project. 4. A residential dwelling within the area covered by the SilverRock Resort Specific Plan or the Estates at Griffin Lake Specific Plan, 5. A residential dwelling is located adjacent to the CT Tourist Commercial District zone, as defined in Section 9.70.070 and depicted in the city's official zoning map, and within the following boundaries; west of Avenida Obregon, south of the Avenida Fernando, east of Calle Mazatlan, and north of the driveway access between Calle Mazatlan and Avenida Obregon that serves as a southern boundary for the La Quinta Tennis Villas/Tennis Condos area identified on page 25 of the La Quinta Resort Specific Plan, 121 E—Amendment 5 (as may be subsequently amended from time to time). For purposes of this subsection, "adjacent to" means across the street from or accessible by a driveway or service road designed to provide access to area(s) within the CT Tourist Commercial District zone. B. The city manager or authorized designee shall have the authority to implement policies or procedures to review and verifywhether an application for a new short-term vacation rental permit meets the criteria set forth in this section. C. This section shall not apply to applications for a homeshare short-term vacation rental permit or applications for a renewal of an existing short-term vacation rental permit and business license, submitted in compliance with this chapter, including when the short-term vacation rental permit is under suspension during the time for processing the renewal application. Applications for renewals must be submitted as prescribed by this chapter. Any short-term vacation rental unit, covered by a permit that is subject to an application for renewal, which is undertemporary suspension in violation of this chapter or any other provisions of this code, shall not become permitted to use the dwelling as a short-term vacation rental unit until all violations that led to the temporary suspension have been remedied and the suspension has expired. Any revoked short-term vacation rental permit shall not be eligible for renewal or new short-term vacation rental permit. D. The city council shall periodically review the impacts or effects, if any, caused by the non -issuance of new short-term vacation rental permits set forth in this section. The city manager or authorized designee shall prepare a report assessing impacts or effects, if any, for the council to review at a regular or special meeting. E. Commencing on January 4, 2024, which is the effective date of Ordinance No. 607 adding this subsection (E), this section may not be amended by the city council, except by no less than four -fifths (%) majority vote of the city council. ( Ord. No. 607, Exh. A, 12-5-2023; Ord. 596 § 2, 2021; Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 591 § 1(Exh. A), 4-20- 2021) Created: 2024-03-07 10:04:43 [EST) (Supp. No. 4) Page 7 of 19 DOC #2024-0149536 Page 88 of 106 3.25.057 Large Lots; exemption from non -issuance of new short-term vacation rental permits. A. If none of the exemptions in subsection (A) or (C) of Section 3.25.055 of this code applies, the owner of a large lot may voluntarily submit to the city an application and request to be exempted from the non -issuance of new short-term vacation rental permits set forth in Section 3.25.055 only if, at the time of submittal of an application for exemption pursuant to this section, all of the following criteria are met: 1. The "lot area," as defined in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code, is comprised of a single parcel that is no less than 25,000 square feet; 2. The single parcel has at least one (1) existing dwelling, as defined in this chapter, in use or available for use; 3. The single parcel is not, nor will the single parcel ever be for the duration of the period of any qualified exemption under this section, subject to a subdivision under the subdivision map act in Division 2 (commencing with Section 64410) of Title 7 of the California Government Code or under Title 13 of this code (or successor provisions, as may be amended from time to time); 4. The single parcel is not, nor will the single parcel ever be for the duration of the period of any qualified exemption under this section, subject to a reduction in the square footage of the lot area by lot line adjustment, parcel merger, or other action that creates a legal parcel under the subdivision map act in Division 2 (commencing with Section 64410) of Title 7 of the California Government Code or under Title 13 of this code (or successor provisions, as may be amended from time to time); 5. If the single parcel is within a residential project governed by a homeowners association, the use of the single parcel as a short-term vacation rental unit is authorized under the homeowners association's covenants, conditions, and restrictions (CC&Rs) and any other applicable governing documents for the residential project governed by the homeowners association; 6. Use of the single parcel as a short-term vacation rental unit is not prohibited or otherwise inconsistent with any recorded instruments governing the use of the single parcel; and 7. The single parcel has adequate on -site parking pursuant to this chapter for use as a short-term vacation rental unit. B. Subject to the application and review provisions in this section, if the city determines the single parcel meets the criteria of a large lot to be exempted from the non -issuance of new short-term vacation rental permits that otherwise applies pursuant to Section 3.25.055, the provisions regarding the non -issuance of new short- term vacation rental permits in Section 3.25.055 shall no longer apply to, or be applicable as long as the single parcel meets the criteria in this section, to the large lot upon certification by the city that the criteria set forth in this section have been met. 1. Upon certification by the city that the criteria in this section have been met, then the single parcel shall be identified as a "qualified and certified large lot" for purposes of this section and this chapter. 2. Upon certification by the city of the single parcel as a qualified and certified large lot pursuant to this section, an owner of a residential dwelling within a qualified and certified large lot may apply for a new short-term vacation rental permit pursuant to this chapter and shall be subject to the same requirements of any other short-term vacation rental permit application, use, and operation governed by this chapter. 3. The city may impose any necessary or proper conditions of approval with the certification of a single parcel as a large lot pursuant to this section, including conditions that would terminate the exemption from compliance with Section 3.25.055 if the large lot is subdivided or used in violation of the requirements of this section. Additionally, the city may require as a condition of approval that the (Supp. No. 4) Page 8 of 19 Created: 2024-03-07 10:04:43 [EST] DOC #2024-0149536 Page 89 of 106 owner of the qualified and certified large lot execute a land use covenant, in a form approved by the city and recorded in the county recorder's office against the single parcel, memorializing the terms and conditions applicable to the large lot for use as a short-term vacation rental unit. 4. Any owner of real property that is no longer or is not in compliance with the criteria in this section to be a qualified and certified large lot shall have no right or authority to advertise, use, or operate said real property as a short-term vacation rental unit. Any short-term vacation rental permit (either new or renewal permit) issued by the city in reliance of said real property having previously been located within a qualified and certified large lot shall no longer be valid upon said real property no longer being in compliance with this section. 5. An owner of a qualified and certified large lot who is the successor in interest to the owner who applied for and received the certification of the single parcel as a qualified and certified large lot does not need to re -apply for an exemption from Section 3.25.055 under this chapter as long as the single parcel determined to be the qualified and certified large lot remains in compliance with this section. 6. It is the expressed intent of the city council that an application for exemption from Section 3.25.055, submitted to the city pursuant to this section, need only occur one time as long as the current owner of a qualified and certified large lot remains in compliance with this section whenever a new or renewal application for a short-term vacation rental permit is submitted to the city and for the duration of the term of the issued short-term vacation rental permit. It is also the expressed intent of the city council that the current owner of real property that may have previously been a qualified and certified large lot may be required by the city to submit a new application for exemption from Section 3.25.055, pursuant to this section, if the real property no longer meets the criteria set forth in this section. C. Any application submitted pursuant to this section shall be subject to any fees established by resolution of the city council and shall identify, by addresses, assessor's parcel number (APN), and any other identifying information requested by the city, the real property purporting to be a large lot. An application submitted pursuant to this section shall be reviewed and considered as follows: I. Submittal of Application. An application for a finding of exemption under this section and certification as a large lot shall be completed in a form approved by the city manager or authorized designee. Applications shall be filed with the city clerk, who shall forward to the planning department together with all maps, plans, documents and other materials required by the city clerk or director of the planning department. 2. Determination of Completeness. The city clerk's office and planning department shall coordinate with the applicant to make a determination whether the application is complete or incomplete. Upon the determination that the application is complete by the city clerk, the city clerk shall schedule review and consideration of the complete application by the city council. Public Hearing and Consideration of the Application. The city council shall hold a public hearing on the application, and the city council shall be the decision -making authority for the application. The public hearing shall be set within ninety (90) days from the determination by the city clerk of a complete application. The public hearing shall be noticed in accordance with Section 9.200.100(D) (or successor provisions, as may be amended from time to time) of this code. At the public hearing, the city council shall receive written comments and any other evidence or testimony relating to the application. At the public hearing, the city council may take action on the application, or continue the application to a specified date. 4. Required Findings. No application presented to the city council pursuant to this section may be approved or conditionally approved unless all of the following findings and requirements are met: (Supp. No. 4) a. The single parcel subject to the application is in a residential zone, is a legal non -conforming use, or is in a zone that otherwise would allow for residential uses. Page 9 of 19 Created: 2024-03-07 10:04:43 [EST] DOC #2024-0149536 Page 90 of 106 b. The applicant is the owner of the single parcel subject to the application. C. The exemption under this section is required for the applicant as owner to be able to apply for a short-term vacation rental permit and use a dwelling or dwellings on the parcel as a short-term vacation rental unit under this chapter. d. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. Included with this assessment shall be whether approval of the application and issuance of a certification that the single parcel is a qualified and certified large lot results in multiple exemptions under this section being concentrated in one geographic location of the city in a manner than may be incompatible with other properties or land uses in the vicinity. 5. Decision. The city council shall approve, approve with conditions, or deny the application. With the concurrence of the applicant, an application may be withdrawn prior to the issuance of a decision by the city council. The decision on an application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval, shall be in writing. An approval or approval with conditions from the city council shall be adopted by resolution and accompanied with the certification from the city that the single parcel subject to the application meets the criteria for a qualified and certified large lot. 6. Appeal. The decision of the city council shall be the final decision of the city on the application. E. Subject to the review and approval provisions in this section, the city manager or authorized designee shall have the authority to implement policies or procedures to review and verify whether an application and request to be exempted from Section 3.25.055 meets the criteria set forth in this section and any other criteria reasonably necessary for verification of such application and request. The city council may periodically review the impacts or effects, if any, caused by this section concurrently with its periodic review provided for in subsection (D) of Section 3.25.055. ( Ord. No. 607, Exh. A, 12-5-2023) 3.25.060 Short-term vacation rental permit —Application requirements. A. The owner or the owner's authorized agent or representative must submit the information required on the city's short-term vacation rental permit application form provided by the city, which may include any or all of the following: 1. The name, address, and telephone number of the owner of the subject short-term vacation rental unit; 2. The name, address, and telephone number of the owner's authorized agent or representative, if any; 3. The name and twenty-four (24)-hour telephone number of the local contact person; 4. Reserved. 5. The number of bedrooms shall not exceed the number of permitted bedrooms. The allowable number of bedrooms shall meet all applicable building and construction requirements under federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as may be amended from time to time) governing "additional bedrooms" and all applicable building and construction codes in Title 8 of this code; 6. Acknowledgement of receipt of all electronically distributed short-term vacation rental information from the city, including any good guest brochure; (Supp. No. 4) Page 10 of 19 Created: 2024-03-07 10:04:43 [EST] DOC #2024-0149536 Page 91 of 106 The owner or owner's authorized agent or representative who has applied for a short-term vacation rental permit shall provide the city with written authorization that issuance of a short-term vacation rental permit pursuant to this chapter is not inconsistent with any recorded or unrecorded restrictive covenant, document, or other policy of a homeowner association (HOA) or other person or entity which has governing authority over the property on which a short-term vacation rental unit will be operated; in furtherance of this requirement, there shall be a rebuttable presumption that an owner or owner's authorized agent or representative does not have written authorization for the issuance of a short-term vacation rental permit if a HOA or other person or entity which has governing authority over the property has submitted to the city a duly -authorized official writing, which informs the city that short-term vacation rentals of thirty (30) consecutive days or less are not permitted on the property applying for a short-term vacation rental permit; and 8. Such other information as the city manager or authorized designee deems reasonably necessary to administer this chapter. B. The short-term vacation rental permit application shall be accompanied by an application fee as set by resolution of the city council. A short-term vacation rental permit and business license shall not be issued or renewed while any check or other payment method cannot be processed for insufficient funds. C. The city may determine the maximum number of bedrooms in a residential dwelling with multiple bedrooms eligible for use as a short-term vacation rental unit upon issuance of a short-term vacation rental permit. When determining the maximum number of bedrooms eligible for use as short-term vacation rentals, the city shall consider the public health, safety, and welfare, shall comply with building and residential codes, and may rely on public records relating to planned and approved living space within the residential dwellings, including, but not limited to, title insurance reports, official county records, and tax assessor records. Owners of residential dwellings that exceed five thousand (5,000) square feet of developed space on a lot may apply for additional bedrooms. An owner and/or owner's authorized agent or representative may not advertise availability for occupancy of a short-term vacation rental unit for more than the approved number of bedrooms listed in the short-term vacation rental permit issued by the city pursuant to this chapter. In addition to any other rights and remedies available to the city under this chapter, the first violation for failing to advertise the approved number of bedrooms may be subject to a fine by an administrative citation, and a second or subsequent violation for failing to advertise the approved number of bedrooms may result in a revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100. D. Short-term vacation rental permit applications shall comply with the following: 1. A short-term vacation rental permit application for an estate home shall be subject to evaluation and inspection of the property to ensure that the short-term vacation rental unit will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties in the vicinity. Evaluation and inspection shall include, but not be limited to: verification of the number of bedrooms, adequate on -site parking spaces, availability of nearby street parking, physical distance of an estate home from adjacent properties, such as location and distance of outdoor gathering spaces, pools, and other living spaces from neighboring properties. The city manager, or designee, shall have the authority to impose additional conditions on the use of an estate home as a short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated. 2. A short-term vacation rental permit application may be denied if the applicant has failed to comply with application requirements in this chapter, or has had a prior short-term vacation rental permit for the same unit revoked within the past twelve (12) calendar months. In addition, upon adoption of a resolution pursuant to subsection H, the city may limit the number of short-term vacation rental units in a given geographic area based on a high concentration of short-term vacation rental units. The city shall maintain a waiting list of short-term vacation rental permit applications for such geographic areas (Supp. No. 4) Page 11 of 19 Created: 2024-03-07 10:04:43 [EST] DOC #2024-0149536 Page 92 of 106 where the city determines, based on substantial evidence after a noticed public hearing, there is a higher than average concentration of short-term vacation rental units that either affects the public health, safety, and welfare or significantly negatively impacts the character and standard of living in a neighborhood within that geographic area, or both. E. Short-term vacation rental permit applications may take up to, and the city shall have, thirty (30) calendar days to process. Nothing in this subsection or chapter shall be construed as requiring the city to issue or deny a short-term vacation rental permit in less than thirty (30) calendar days, as no permit shall be issued until such time as application review is complete. No short-term vacation rental use may occur in the city without a valid short-term vacation rental permit issued in accordance with this chapter. F. Upon a change of ownership of a property (or upon a new person and/or new entity owning or controlling a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) licensed to operate as a short-term vacation rental unit, the owner or owner's authorized agent or representative shall notify the city of such change immediately. The existing short-term vacation rental permit shall be terminated, unless subject to Section 3.25.050(B)(2), and the property must cease operating as a short-term vacation rental immediately. Failure to comply may result in a fine of one thousand dollars ($1,000.00) per day for a continuing violation of this subsection F. G. Immediately upon a change of an owner's authorized agent or representative, local contact, or any other change pertaining to the information contained in the short-term vacation rental application, the owner or owner's authorized agent or representative shall update the short-term vacation rental unit's online registration profile used by the city for the implementation of the short-term vacation rental regulations. Failure to immediately update this information may result in a violation of this chapter, including but not limited to a suspension or revocation of a short-term vacation rental permit, until all information is updated. H. The city manager or authorized designee may prepare, for adoption by resolution by the city council, a review procedure and criteria to evaluate the limitation for issuance of STVR permits and/or STVR applications for geographic areas within the city as set forth in subsection D. ( Ord. No. 607, Exh. A, 12-5-2023; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.065 Short-term vacation rental permit —Grounds for denial. A. In addition to any other grounds provided in this chapter, an application (including renewal application) for a short-term vacation rental permit may be denied if use of the short-term vacation rental unit has been, will be, or is apt to become any one (1) or more of the following. 1. Prohibited by any local ordinance or by any state or federal law, statute, rule or regulation; 2. A public nuisance; 3. In any way detrimental to the public interest; 4. Prohibited by zoning laws and ordinances. An application (including renewal application) for a short-term vacation rental permit may also be denied on the grounds that the applicant has knowingly made a false statement in a material matter either in his/her/their application or in his/her/their testimony before the city manager or other body hearing such testimony. C. This section is intended to be, and shall be construed as being, in alignment with the grounds for denial of a business license set forth in Section 3.28.080 (or successor section) of this code. ( Ord. 591 § 1(Exh. A), 4-20-2021) (Supp. No. 4) Page 12 of 19 Created: 2024-03-07 10:04:43 [EST] DOC #2024-0149536 Page 93 of 106 3.25.070 Operational requirements and standard conditions. A. The owner and/or owner's authorized agent or representative shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. 1. An estate home may be established for short-term vacation rental use subject to evaluation and inspection of the property pursuant to Section 3.25.060(D)(1). 2. An estate home established for short-term vacation rental use is required to be equipped with a noise monitoring device(s) that is operable at all times. B. The responsible person(s) shall be an occupant(s) of the short-term vacation rental unit for which he, she or they signed a rental agreement for such rental, use and occupancy, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner, owner's authorized agent or representative, local contact(s) and their guests. No non -permanent improvements to the property, such as tents, trailers, or other mobile units, may be used as short-term vacation rentals. The total number of occupants, including the responsible person(s) and children regardless of age, allowed to occupy any given short-term vacation rental unit may be within the ranges set forth in the table below. By the issuance of a short-term vacation rental permit, the city or its authorized designees, including police, shall have the right to conduct a count of all persons occupying the short-term vacation rental unit in response to a complaint or any other legal grounds to conduct an inspection resulting from the use of the short-term vacation rental unit, and the failure to allow the city or its authorized designees the ability to conduct such a count may constitute a violation of this chapter. The city council may by resolution further restrict occupancy levels provided those restrictions are within the occupancy ranges set forth below. Number of Bedrooms Total of Overnight* Occupants Total Daytime** Occupants (Including Number of Overnight Occupants) 0—Studio 2 2-8 1 2-4 2-8 2 4-6 4-8 3 6-8 6-12 4 8-10 8-16 5 10-12 10-18 6 12-14 12-20 7 14 14-20 8 16 16-22 9 18 18-24 *Overnight (10:01 p.m.-6:59 a.m.) **Daytime (7:00 a.m.-10:00 p.m.) C. The person(s) listed as the local contact person in the short-term vacation rental unit's online registration profile shall be available twenty-four (24) hours per day, seven (7) days per week, with the ability to respond to the location within thirty (30) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit or their guests. The person(s) listed as a local contact person shall be able to respond personally to the location, or to contact the owner or the owner's authorized agent or representative to respond personally to the location, within thirty (30) minutes of notification or attempted notification by the city or its authorized short-term vacation rental designated hotline service (Supp. No. 4) Page 13 of 19 Created: 2024-03-07 10:04:43 [EST] DOC #2024-0149536 Page 94 of 106 provider. No provision in this section shall obligate the city or its authorized short-term vacation rental designated hotline service provider to attempt to contact any person or entity other than the person(s) listed as the local contact person. D. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable or unlawful noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit. E. Occupants of the short-term vacation rental unit shall comply with the standards and regulations for allowable noise at the property in accordance with Sections 9,100.210 and 11.08.040 (or successor provision, as may be amended from time to time) of this code. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short- term vacation rental unit between the hours of 10:00 p.m. and 7:00 a.m. Pacific Standard Time. Observations of noise related violations shall be made by the city or its authorized designee from any location at which a city official or authorized designee may lawfully be, including but not limited to any public right-of-way, any city -owned public property, and any private property to which the city or its authorized designee has been granted access. F. Prior to occupancy of a short-term vacation rental unit, the owner or the owner's authorized agent or representative shall: 1. Obtain the contact information of the responsible person; Provide copies of all electronically distributed short-term vacation rental information from the city, including any good guest brochure to the responsible person and post in a conspicuous location within the short-term vacation rental unit, in a manner that allows for the information to be viewed in its entirety; and require such responsible person to execute a formal acknowledgement that he/she/they is/are legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit. This information shall be maintained by the owner or the owner's authorized agent or representative for a period of three (3) years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of this code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. G. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall, upon notification or attempted notification that the responsible person and/or any occupant and/or guest of the short-term vacation rental unit has created unreasonable or unlawful noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, promptly respond within thirty (30) minutes to immediately halt and prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner, the owner's authorized agent or representative and/or the owner's designated local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term vacation rental unit within thirty (30) minutes, shall be subject to all administrative, legal and equitable remedies available to the city. H. The owner of a short-term vacation rental unit that has a valid homeshare short-term vacation rental permit shall occupy the dwelling during the transient stay. A violation of any provision of this chapter, this code, or any other applicable federal, state, or local laws or codes, by the owner, owner's authorized agent or Created: 2024-03-07 10:04:43 [EST] (Supp. No. 4) Page 14 of 19 DOC #2024-0149536 Page 95 of 106 representative and/or the owner's designated local contact person shall be subject to all administrative, legal and equitable remedies available to the city. I. Trash and refuse shall not be left or stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days. The owner, the owner's authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 6.04 (Solid Waste Collection and Disposal) (or successor provision, as may be amended from time to time) of this code. J. Signs may be posted on the premises to advertise the availability of the short-term vacation rental unit as provided for in Chapter 9.160 (Signs) (or successor provision, as may be amended from time to time) of this code. K. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good guest brochure in a conspicuous place within the short-term vacation rental unit, and a copy of the good guest brochure shall be provided to each occupant of the subject short-term vacation rental unit. L. U nless otherwise provided in this chapter, the owner and/or the owner's authorized agent or representative shall comply with all provisions of Chapter 3.24 concerning transient occupancy taxes, including, but not limited to, submission of a monthly return in accordance with Section 3.24.080 (or successor provisions, as may be amended from time to time) of this code, which shall be filed monthly even if the short-term vacation rental unit was not rented during each such month. M. Guesthouses, detached from the primary residential dwelling on the property, or the primary residential dwelling on the property, may be rented pursuant to this chapter as long as the guesthouse and the primary residential dwelling are rented to one (1) party. N. The owner and/or the owner's authorized agent or representative shall post the number of authorized bedrooms and the current short-term vacation rental permit number at the beginning or top of any advertisement that promotes the availability or existence of a short-term vacation rental unit; provided, however, this requirement may be satisfied if a hosting platform used by the owner and/or owner's authorized agent or representative provides a designated field(s) to post the number of authorized bedrooms and the current short-term vacation rental permit number for the short-term vacation rental unit. In the instance of audio -only advertising of the same, the short-term vacation rental permit number and the number of authorized bedrooms shall be read as part of the advertisement. 0. The owner and/or owner's authorized agent or representative shall operate a short-term vacation rental unit in compliance with any other permits or licenses that apply to the property, including, but not limited to, any permit or license needed to operate a special event pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time) of this code. The city may limit the number of special event permits issued per year on residential dwellings pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time). P. The city manager, or designee, shall have the authority to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated, including, but not limited to, a mitigating condition that would require the installation of a noise monitoring device to keep time -stamped noise level data from the property that will be made available to the city upon city's reasonable request. Q. The standard conditions set forth herein may be modified by the city manager, or designee, upon request of the owner or the owner's authorized agent or representative based on site -specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation rental unit. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property as a (Supp. No. 4) Page 15 of 19 Created: 2024-03-e7 10:04:43 [EST] DOC #2024-0149536 Page 96 of 106 short-term vacation rental unit would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. R. On -site parking shall be on an approved driveway, garage, and/or carport areas only; this section does not impose restrictions on public street parking regulations. Recreational vehicles may be parked in accordance with the provisions set forth in Section 9.60.130 (or successor provision, as may be amended from time to time) of this code. S. No "apartment," "apartment building," or "apartment project," as defined in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code shall be eligible to apply for or obtain a short- term vacation rental permit. ( Ord. No. 608, § 1, 12-5-2023; Ord. No. 607, Exh. A, 12-5-2023; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.080 Recordkeeping and hosting platform duties. A. The owner or the owner's authorized agent or representative shall maintain for a period of three (3) years, records in such form as the tax administrator (as defined in Chapter 3.24) may require to determine the amount of transient occupancy tax owed to the city. The tax administrator shall have the right to inspect such records at all reasonable times, which may be subject to the subpoena by the tax administrator pursuant to Section 3.24.140 (Records) (Transient Occupancy Tax) (or successor provisions, as may be amended from time to time) of this code. B. Hosting platforms shall not complete any booking transaction for any residential dwelling or other property purporting to be a short-term vacation rental unit in the city unless the dwelling or property has a current and valid short-term vacation rental permit issued pursuant to this chapter, which is not under suspension, for the dates and times proposed as part of the booking transaction. 1. The city shall maintain an online registry of active and suspended short-term vacation rental permits, which hosting platforms may reference and rely upon for purposes of complying with subsection B. If a residential dwelling or other property purporting to be a short-term vacation rental unit matches with an address, permit number, and/or current and valid permit dates (not under suspension) set forth in the city's online registry, the hosting platforms may presume that the dwelling or other property has a current and valid short-term vacation rental permit. 2. The provisions of this subsection B shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s). ( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.090 Violations. A. Additional conditions. A violation of any provision of this chapter or this code by any applicant, occupant, responsible person, local contact person, owner or owner's authorized agent or representative (including a management company), shall authorize the city manager, or designee, to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential additional violations are avoided. (Supp. No. 4) Page 16 of 19 Created: N24-w-w le:e4:43 [EST] DOC #2024-0149536 Page 97 of 106 B. Permit modification, suspension and revocation. A violation of any provision of this chapter, this code, California Vehicle Code, or any other applicable federal, state, or local laws or codes, including, but not limited to, applicable fire codes and the building and construction codes as set forth in Title 8 of this code, by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative (including a management company), shall constitute grounds for modification, suspension and/or revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100. C. Notice of violation. The city may issue a notice of violation to any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or representative (including a management company), or hosting platform, pursuant to Section 1.01.300 (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Two (2) strikes policy. Subject to a minor violation reprieve request, two (2) violations of any provision of this chapter or this code within one (1) year by any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or representative (including a management company), with respect to any one (1) residential dwelling shall result in an immediate suspension of the short-term vacation rental permit with subsequent ability to have a hearing before the city, pursuant to this chapter, to request a lifting of the suspension. For purposes of this subsection, a "minor violation reprieve request" means a written request submitted to the city's code enforcement officer for relief from counting one (1) or more violations within the one (1) year period as a minor violation, and "minor violation" means a violation of a particular section of this code that resulted in minimal impact on the use and enjoyment of the adjacent and nearby properties caused by any of the following: 1. Minor debris or trash containers left in view as a first offense; 2. A short-term vacation rental permit number or bedroom count not posted on an advertisement as a first offense; 3. A short-term vacation rental permit number or bedroom count posted in the wrong location on an advertisement as a first offense; or 4. Over occupancy due to a minor child not associated with a disturbance. A determination of whether a code violation is a minor violation shall be based on substantial evidence presented to the code enforcement officer relating to that violation. E. Administrative and misdemeanor citations. The city may issue an administrative citation to any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or representative (including a management company), or hosting platform, pursuant to Chapter 1.09 (Administrative Citations) (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. An administrative citation may impose a fine for one (1) or more violations of this chapter in the maximum amount allowed by state law or this code in which the latter amount shall be as follows: 1. General short-term vacation rental violations (occupancy/noise/parking). a. First violation: one thousand dollars ($1,000.00); b. Second violation: two thousand dollars ($2,000.00); C. Third violation: three thousand dollars ($3,000.00). 2. Operating a short-term vacation rental without a valid short-term vacation rental permit. a. First violation: one thousand and five hundred dollars ($1,500.00); Created: 2024-03-07 10:04:43 [EST] (Supp. No. 4) Page 17 of 19 DOC #2024-0149536 Page 98 of 106 Second or more violations: three thousand dollars ($3,000.00); C. Third or more violations: five thousand dollars ($5,000.00); In addition to the fines set forth above, the first, second, third, or subsequent violation of operating a short-term vacation rental unit without a valid short-term vacation rental permit shall be cause for an owner (or person and/or entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) to be prohibited for all time from being eligible to be issued a short-term vacation rental permit and/or business license for use of a property as a short-term vacation rental unit. 3. Hosting a special event at a short-term vacation rental unit without a special event permit as required by Section 9.60.170 (or successor provision, as may be amended from time to time) of this code. a. First violation: five thousand dollars ($5,000.00); b. Second violation: five thousand dollars ($5,000.00). 4. Advertising a short-term vacation rental without a valid short-term vacation rental permit by person(s) or entity(ies) other than a management company. a. First violation: one thousand dollars ($1,000.00); b. Second violation: two thousand dollars ($2,000.00); C. Third violation: three thousand dollars ($3,000.00). 5. Advertising a short-term vacation rental without a valid short-term vacation rental permit by a management company. a. First violation: one thousand and five hundred dollars ($1,500.00); b. Second violation: three thousand dollars ($3,000.00); C. Third or more violations: five thousand dollars ($5,000.00); d. In addition to the fines set forth above, the first, second, third, or subsequent violation of advertising a short-term vacation rental unit without a valid short-term vacation rental permit by a management companyshall be cause for the management company to be prohibited from being used to advertise or operate a short-term vacation rental unit at the property identified for not having a valid short-term vacation rental permit. Additionally, repeat violations, which is three (3) or more violations of this subsection (E)(5), by a management company for advertising a short-term vacation rental unit without a valid short-term vacation rental permit shall be cause for the management company to be prohibited for all time from being eligible to be issued a short-term vacation rental permit and/or business license in the city for such property management purposes. Public Nuisance. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person or entity to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Section 1.01.250 (Violations public nuisances) (or successor provisions, as may be amended from time to time) of this code. ( Ord. No. 607, Exh. A, 12-5-2023; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 578 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) (Supp. No. 4) Page 18 of 19 Created: 2024-03-07 10:04:43 [EST] DOC #2024-0149536 Page 99 of 106 3.25.100 Appeals. A. Any person aggrieved by any decision of a city officer made pursuant to this chapter may request a hearing before the city manager in accordance with Chapter 2.08 (or successor provisions, as may be amended from time to time) of this code. B. Notwithstanding any provisions in Section 2.08.230 or otherwise in the code, the decision by the city manager of an appeal brought under this chapter shall be the final decision by the city for any violation of a short-term vacation rental permit issued under this order, except for any administrative citation imposing a fine, which shall be processed and subject to an administrative appeal pursuant to Chapter 1.09 of the code. ( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A),12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017) (Supp. No. 4) Page 19 of 19 Created: 2024-03-07 10:04:43 [EST] DOC #2024-0149536 Pagel 00 of 106 ORDINANCE NO. 611 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SUBSECTION 3.25.050(G) OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS REGARDING WRITTEN NOTICE AND DECLARATION OF NON-USE WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) relates to short-term vacation rentals (STVRs), including permitted uses, STVR processes and permitting procedures, requirements, violations, fines, and other specific provisions, including (as relevant here) the ability for an owner, owner's authorized agent or representative, or owner's designated local contact person to voluntarily "opt -out" of the requirements of Chapter 3.25 after having received and holding an active STVR permit; and WHEREAS, the City has the authority to regulate residential uses, including STVR uses, operating within the City; and WHEREAS, the proposed amendment to Subsection (G) of Section 3,25.050 — "Short-term vacation rental permit — Required" — streamlines the requirements and aligns the code with existing practices. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Subsection (G) is of Section 3.25.050 — Short-term vacation rental permit — Required of the La Quinta Municipal Code shall be amended as written in "Exhibit A," attached hereto and incorporated herein by this reference. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. RETROACTIVE APPLICATION: Upon the effective date of this Ordinance, the amendment to Subsection 3.25.050(G) shall be applicable from and after January 1, 2023. It is the expressed intent of the City Council by adopting this Ordinance to have the amendments enacted hereby to apply retroactively from and after the date aforementioned. SECTION 4. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. SECTION 5. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or DOC #2024-0149536 Page 101 of 106 Ordinance No. 611 Chapter 3.25 Short-Terrn Vacati onRentals — Amendi 9 Subsection 3.25.050(G) regarding Declaration of Non -Use Adopted: March 19, 2024 Page 2 of 4 clerical errors to this ordinance to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 6. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional bythe decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 191h day of March 2024, by the following vote: AYES: Counclimembers Fitzpatrick, McGarrey, Pefia, Sanchez, and Mayor Evans NOES: None ABSENT: None ABSTAIN: None C� LINDA EVANS, Mayor City of La Quinta, California ATTEST: __ / I.J§ 1, A MONIKA RA15EVA, Clerk City of La Quinta, California APPROVED AS TO FORM: ('.1 WILLIAM H. IHRKE, City Attorney City of La Quinta, California DOC #2024-0149536 Page 102 of 106 Ordinance No. 611 Chapter 3.25 Short -Term Vacation Rentals — Amending Subsection 3.25.050(G) regarding Declaration of Non -Use Adopted: March 19, 2024 Page 3 of 4 EXHIBIT A 3.25.050 Short-term vacation rental permit — Required. G. An owner or owner's authorized agent or representative who claims not to be operating a short-term vacation rental unit or who has obtained a valid short-term vacation rental permit and business license pursuant to this chapter, may voluntarily opt -out of the requirements of this chapter, prior to the issuance or expiration of a short-term vacation rental permit and business license that are applicable to the short-term vacation rental unit, only upon the owner, the owner's authorized agent or representative and/or the owner's designated local contact person submitting a written request or executing, under penalty of perjury, a declaration of non-use as a short-term vacation rental unit, in a form prescribed by the city (for purposes of this chapter, a "declaration of non-use"). Upon the receipt and filing with the city a written request or a fully executed declaration of non-use, the short-term vacation rental permit and business license shall be closed and the owner or owner's authorized agent or representative shall be released from complying with this chapter as long as the property is not used as a short-term vacation rental unit. Use of the property as a short-term vacation unit after the city's receipt and filing of a written request or a declaration of non-use is a violation of this chapter. If, after a written notice or a declaration of non-use has been received and filed with the city, the owner or owner's authorized agent or representative wants to use that property as a short-term vacation rental unit, the owner may apply for a new short-term vacation rental permit and business license only after twelve (12) consecutive months have elapsed from the date of the city's receipt of the written notice or the declaration of non-use, and the owner and owner's authorized agent or representative otherwise shall fully comply with the requirements of this chapter and the code. DOC #2024-0149536 Page 103 of 106 Ordinance No. 611 Chapter 3.25 Short -Term Vacation Rentals — Amending Subsection 3.25, 050(G)regarding Declaration of Non -Use Adopted: March 19, 2024 Page 4 of 4 (STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 611 which was introduced at a regular meeting on the 5th day of March, 2024, and was adopted at a regular meeting held on the 19th day of March, 2024, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027. MONIKA RADEVA, City rk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on the 20th day of March 2024, pursuant to Council Resolution. j4y44 MONIKA RA EVA, ' Clerk City of La Quinta, Ca Ifornia DOC #2024-0149536 Page 104 of 106 SCHEDULE OF PERFORMANCE AND PHASING PLAN (Attached) 0 0 r w 0 uo 0 r aD rn ca ,d W M Lo v r O N O N v i N O N N N N O N N N N G A A A AAA A A A AAA A W Y co Y En U) w r cr.x r 4 r x r x r. � � � 0 co-, In 03 ��?? c2 tom cd cd cd ld co Cdd W >, >, 0 >, >, > �I M N N N N N N N N N N id A id A cd A A cYd A cYd A cd A cYd A cyd A cyd A A G H .� q .N a •Inn G .N a q G G ,y G fn N fA N fA N N N 11N N N N N y 11N N y N W O W O W O W O W O W O W O W O W O W O 41 o N N VJ N N (A N N VJ VJ fA fA q O q O q o q 0 q 0 q 0 q o q O q O q o q 0 rl E Ei rl 6 0 00 M M �o en 00 '• O �o N l� V' 00 It 00 'IT 00 O N q Q q q -El q p q q .0 q 3 3 33 3 3 3 3 3 3 3 d U a a w rA W A O Fad O Q rorFF V W z b cd N � y n7 h Cd y cd C T ti > a~i O H a~i O a p O cNd O N a bU N O ti p O q Ci" ♦+ y > > 'd O q on w� v P C.)F-� a `�° o al.,cd O q v, q ❑ C z °� ,q„ W V] G �bD N ' ElU O O y U o ed o pt).4ai ra aw ►�i n p P4 >o° Or, q U Pq p p tog `�d `cd 23 V b q0 f., 'A w �, ari P, P. c~d i a a a�i > o �o z,-. �v, .�appi > N > M > v, �:F yai " z ��po o za -I , F `�d Hj 6 :IT ti ❑ .� w c7 �.d Q ctc O b Ran A COL a ¢ C7 AN � ate, .y a .� a v aa. n o aa� ate. O �bp a 2 p O a m v v o adi v 'b � o a .n .b V d N C y O two o 'b y d > o '-� as o �+ a v N N NC 0 'o b .0 N N a,op oa ^3 oa.�u o w 'G o 4) m �° A O o a q — to C1 W q Oo y .� :j N a 0- a o o w ' 'dq a p N to yOyEl N N p O El G0 a b -S.o Z •- b ay AA „ V a y J� O w 0 S ti d Av d g y q Cc* .� yo�o p == 0.2 a o 0 � �� U bw ojd O A y A q v m 0 > N p J7 n o� w a o b ,o eq oa a .. '0 g > A o Q o oA'�O�° «zy«A CD 0 4- 0 (D 0 a) 0) ca a co LO a) O N 0 it H U E a T 0 C ° ° c m C O E a w E y o c .E 4 C N E O 0 c> 3 O c E O LL c w U y U 2 LL ck O c o N Gl = w o, E E U y o O W > r O E _ o W= mq to Q cm U ;� _ o U a m Q a` U' vl Goo o 0000000 G®0 1133,Ml IYtl"MPSIN m 4) ' pit2 s � 4 0 c S M N N Q U c C y E 0 ® O N O c0 z c0 U 34 Q M U u u N 0 CL °o E c o � O c O co c U OO. Y c o w 2 O0. E to C m y O S ? Q � 6 U � 0 ® N O ❑ v ❑ a EXHMIT "H' # ID -� ��{ ff' _ yai �C v �: sd . .sym.• A rJ N -0 ❑ m ❑ N y N ■ CD CV OL U ¢ C N f/7 CD .y d 7 a C U »- N C N C C D> c a)U C) N o C N D ` U O SO D. Y CL CD = O N Qy f0 a U o ° CO p •� �O ❑ ❑ 0 N + •� U C �- c '❑ LaOC- — -0 D - O E❑c nN6 E � ) Q LD)- C L_CID D LE O va, D .L U) ] O Im U O D O O V O 0 = a 'T, a •� � � Goo oo 0 0 000000 000 0 0 a0� 000 © o m D c;�,d,,On Street v ta..-1-�► O - a F d 1 44Jq sE O U r. SaA OUT O, d _ � CVO I v • 4 • y-F-�s" II 't h- - C Z 0 U� F— m J w EXHIBIT "H" Ordinance No. 613 Development Agreement 2023-1000 Project: Club at Coral Mountain Adopted: March 19, 2024 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 613 which was introduced at a regular meeting on the 5th day of March, 2024, and was adopted at a regular meeting held on the 19th day of March, 2024, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027. -J444--1 MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on the 20th day of March 2024, pursuant to Council Resolution. MONIKA RADEVA, C ty Clerk City of La Quinta, California