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2024 07 09 PCPlanning Commission agendas and staff reports are now available on the City's web page: www.laguintaca.gov PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta TUESDAY, JULY 9, 2024, AT 5:00 P.M. *NEW LINK!!* Members of the public may listen to this meeting by tuning -in live via httas://laauinta.cablecast.ty/watch-now?site=1. CALL TO ORDER Roll Call: Commissioners: Guerrero, Hassett, Hernandez, Hundt, McCune, Tyerman, and Chair Nieto PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the Commission on any matter not listed on the agenda pursuant to the "Public Comments — Instructions" listed at the end of the agenda. The Commission values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. CONFIRMATION OF AGENDA ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS — None CONSENT CALENDAR — None PUBLIC HEARINGS — 5:00 p.m. or thereafter For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the Commission Secretary prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words). PLANNING COMMISSION AGENDA Page 1 of 5 JULY 9, 2024 Any person may submit written comments to the Planning Commission prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing. PAGE 1. CONTINUED FROM JUNE 11, 2024: CONSIDER ADOPTING A RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2022-0013 FOR THREE 2,839 SQUARE FOOT MIXED -USE BUILDINGS; CEQA: THE PROJECT IS CONSISTENT WITH THE PREVIOUSLY ADOPTED ENVIRONMENTAL IMPACT REPORT WHICH WAS PREPARED FOR THE VILLAGE BUILD -OUT PLAN (EA2016-0012); LOCATION: 78059 CALLE ESTADO BUSINESS SESSION PAGE 1. CONSIDER APPEAL OF STAFF LEVEL DECISION APPROVAL OF TEMPORARY USE PERMIT 2024-0001 TO OPERATE TWO TEMPORARY FOOD TRAILER(S) LOCATED ON PARCELS 773-078-016 AND 773-078-017 2. APPOINT A PLANNING COMMISSION CHAIRPERSON FOR FISCAL YEAR 2024/25 COMMISSIONERS' ITEMS STAFF ITEMS ADJOURNMENT CHAIRPERSON AND VICE The next regular meeting of the La Quinta Planning Commission will be held on July 23, 2024, commencing at 5:00 p.m. at the La Quinta City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Tania Flores, Secretary of the Planning Commission of the City of La Quinta, do hereby declare that the foregoing Agenda for the Commission meeting of July 9, 2024, 2024, was posted on the City's website, near the entrance to the Council Chamber at 78495 Calle Tampico and the bulletin board at 51321 Avenida Bermudas, on July 5, 2024. DATED: July 5, 2024 Tania Flores, Commission Secretary City of La Quinta, California PLANNING COMMISSION AGENDA Page 2 of 5 JULY 9, 2024 Public Notices • Agenda packet materials are available for public inspection: 1) at the Clerk's Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City's website at https://www.laguintaca.gov/business/boards-and- commissions/planning-commission, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)]. • The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please contact Commission Secretary at (760) 777-7023, 24-hours in advance of the meeting and accommodations will be made. • If background material is to be presented to the Commission during a Commission meeting, please be advised that 10 copies of all documents, exhibits, etc., must be supplied to the Commission Secretary for distribution. It is requested that this takes place prior to the beginning of the meeting. PUBLIC COMMENTS — INSTRUCTIONS Members of the public may address the Commission on any matter listed or not listed on the agenda as follows: WRITTEN PUBLIC COMMENTS can be provided either in -person during the meeting by submitting 10 copies to the Commission Secretary, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to TFlores LaQuintaCA.gov, no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to the Commission, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Chair, a brief summary of public comments is asked to be reported. If written public comments are emailed, the email subject line must clearly state "Written Comments" and should include: 1) full name, 2) city of residence, and 3) subject matter. VERBAL PUBLIC COMMENTS can be provided in -person during the meeting by completing a "Request to Speak" form and submitting it to the Commission Secretary; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Chair. In accordance with City Council Resolution No. 2022-028, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the Commission Secretary by completing a "Request to Speak" form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments. PLANNING COMMISSION AGENDA Page 3 of 5 JULY 9, 2024 Verbal public comments are defined as comments provided in the speakers' own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Chair. Public speakers may elect to use printed presentation materials to aid their comments; 10 copies of such printed materials shall be provided to the Commission Secretary to be disseminated to the Commission, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Chair. All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City's Internet Web site and any other Internet Web -based platform or other Web -based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.]. TELECONFERENCE ACCESSIBILITY — INSTRUCTIONS Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 549531, if a member of the Commission requests to attend and participate in this meeting remotely due to `just cause" or "emergency circumstances, " as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda. *** TELECONFERENCE PROCEDURES — PURSUANT TO AB 2449*** APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Verbal public comments via Teleconference — members of the public may attend and participate in this meeting by teleconference via Zoom and use the "raise your hand" feature when public comments are prompted by the Chair; the City will facilitate the ability for a member of the public to be audible to the Commission and general public and allow him/her/they to speak on the item(s) requested. Please note members of the public must unmute themselves when prompted upon being recognized by the Chair, in order to become audible to the Commission and the public. Only one person at a time may speak by teleconference and only after being recognized by the Chair. PLANNING COMMISSION AGENDA Page 4 of 5 JULY 9, 2024 ZOOM LINK: https://us06web.zoom.us/m/82853067939 Meeting ID: 828 5306 7939 Or join by phone: (253) 215 — 8782 Written public comments — can be provided in person during the meeting or emailed to TFloresC@_LaQuintaCA.gov any time prior to the adjournment of the meeting, and will be distributed to the Commission, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Chair, a brief summary of any public comment is asked to be read, to the extent the Committee can accommodate such request. PLANNING COMMISSION AGENDA Page 5 of 5 JULY 9, 2024 PUBLIC HEARING ITEM NO. 1 City of La Quinta PLANNING COMMISSION MEETING: July 9, 2024 STAFF REPORT AGENDA 'ITLE: CONTINUED FROM JUNE 11, 2024: CONSIDER ADOPTING A RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2022-0013 FOR THREE 2,839 SQUARE FOOT MIXED -USE BUILDINGS; CEQA: THE PROJECT IS CONSISTENT WITH THE PREVIOUSLY ADOPTED ENVIRONMENTAL IMPACT REPORT WHICH WAS PREPARED FOR THE VILLAGE BUILD -OUT PLAN (EA2016-0012); LOCATION: 78059 CALLE ESTADO RECOMMENDATION Consider a resolution to approve Site Development Permit (SDP) 2022-0013 and find the project consistent with the Village Build -Out Plan EIR (EA2016-0012). EXECUTIVE SUMMARY • The Planning Commission initially reviewed this proposal on June 11, 2024, and continued the public hearing in order to allow the applicant to make modifications to the exteriors of three proposed buildings to improve and enhance its design and compatibility with the surrounding Village community. BACKGROUND/ANALYSIS The Site Development Permit for the Calle Estado project was presented to the Planning Commission on June 11, 2024. For background, the June 11, 2024, staff report is accessible via the following weblink: https://www.lag u i ntaca. gov/home/showpu bl ish eddocu ment/50124/638533650549670000 At the Planning Commission hearing, concerns were raised regarding the exterior design of the buildings and compatibility with their Village surroundings. Improvements to enhance the pedestrian experience including modifying lights and providing additional articulation on the elevation of Building B along an internal walkway were requested. Additionally, the Planning Commission requested enhanced architectural detailing on the south facing elevations of all three buildings along the alleyway. The applicant provided revised plans addressing the concerns raised at the meeting (Attachment 1). The elevations have been modified to provide enhanced visual interest to the pedestrian passages between the project buildings. To emphasize the entrances of the commercial tenant spaces, Spanish style archways have been added. The inside of the archways will be finished with a colored tile. This tile was also incorporated on the building M. faces along Calle Estado for building cohesion and to further articulate the commercial spaces from the residential areas above. Archways with tile were incorporated onto the face of Building B that was previously a blank wall. These archways mirror the locations of the archways on Building C and will frame landscape planters. A window was added to provide fenestration on the residential level along this face of Building B and windows were also added on all buildings that face the alleyway. Exterior uplighting was reoriented to provide down facing illumination of walkways and building entrances. ENVIRONMENTAL REVIEW The La Quinta Design and Development Department has determined that this project is consistent with Environmental Assessment 2016-0012 which was prepared for The Village Build -Out Plan (SCH# 2015101019), which was certified on December 20, 2016. Prepared by: Scott Nespor, Senior Planner. Approved by: Danny Castro, Design and Development Director Attachments: 1. Revised Plans PLANNING COMMISSION RESOLUTION 2024 - XXXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SITE DEVELOPMENT PERMIT FOR THREE 2,839 SQUARE FOOT MIXED -USE BUILDINGS LOCATED AT 78059 CALLE ESTADO CASE NUMBER: SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS APPLICANT: EVOK STUDIO WHEREAS, the Planning Commission of the City of La Quinta, California did, on July 9, 2024, hold a duly noticed Public Hearing to consider a request by EVOK Studio for three mixed -use buildings located at 78059 Calle Estado, more particularly described as: APN's 770-152-005, 770-152-006, AND 770-152-007 WHEREAS, the Planning Commission did on June 11, 2024, previously hold a duly noticed Public Hearing to consider said applications and did vote to continue the Public Hearing to a date certain of July 9, 2024, to allow the applicant to modify the architectural plans and enhance the project's compatibility with the Village community; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on May 30, 2024, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1. Consistencv with General Plan - The proposed development is consistent with the General Plan land use designation of Village Commercial. The City's General Plan policies relating to the Village encourage the development of a mix of uses to create an integrated, walkable community that blends residential and commercial development. This project meets the following Goals, Policies, and Programs: 1.1 PLANNING COMMISSION RESOLUTION 2024-XXX SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: Page 2 of 4 - Goal LU-7 Innovative land uses in the Village. The project proposes a new mixed use project within the Village, blending commercial with residential uses within the future building. - Policy LU-7.1 Encourage the use of mixed use development in appropriate locations. The proposed mixed use project will be located within the Village area which is an appropriate area for mixed use in that there are nearby businesses and services for residents and their visitors to access, reducing the number of vehicle trips. - Policy LU-7.7 Continue to allow off -site parking through the payment of in lieu fees in the Village, as well as other creative parking alternatives. The applicant will be utilizing the in -lieu fee instead of providing one parking space. - Program CIR-1.12b Encourages mixed use development to provide optimum internal connections between uses. The project provides sufficient access points between residential and commercial through internal and external corridors. Both residential and commercial users can access the public sidewalk through the shared pedestrian corridor. - Program AQ-1.3f Facilitate mixed use development concepts in specific identified areas to allow a combination of residential and non-residential uses, such as live -work -shop designs. The project consists of a mixed use development that facilitates the opportunity for residents to live near commercial services allowing residents to work within a suitable walking distance. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code in terms of site plan and landscaping. The Site Development Permit is compliant with the Zoning Code's development standards, including standards for setbacks, building height, and utilization of a 50% reduction of parking spaces with the Village Build -Out Area. 3. Compliance with California Environmental Quality Act The La Quinta Design and Development Department has determined that this request is consistent with Environmental Assessment 2016-0012 which was prepared for The Village Build -out Plan. 4. Architectural Design The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and p7 PLANNING COMMISSION RESOLUTION 2024-XXX SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: Page 3 of 4 with the quality of design prevalent in the Village area. The modern architecture is enhanced with wall and roof projections, balconies, and building setbacks to avoid monotony. 5. Site Design The site design of the project, including project entries, circulation, screening, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the Village area and the City. The project site plan is integrated into the Village to further create a pedestrian environment encouraging visitors to stroll and combine visits to multiple commercial establishments. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics, including drought tolerant desert landscaping, established in the General Plan and Zoning Code. The landscape proposed enhances the overall architecture of the building by creating visual interest within the pedestrian corridor and providing a buffer for the exterior seating area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. SECTION 2. That the Planning Commission finds the above project consistent with the previously adopted environmental impact report which was prepared for the Village Build - out Plan (EA2016-0012). SECTION 4. That it does hereby approve Site Development Permit 2022-0013, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on July 9, 2024, by the following vote: 10 PLANNING COMMISSION RESOLUTION 2024-XXX SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: Page 4 of 4 AYES: NOES: ABSENT: ABSTAIN: STEPHEN T. NIETO, Chairperson City of La Quinta, California ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California 11 PLANNING COMMISSION RESOLUTION 2024-XXX EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 1 OF 13 GENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The Site Development Permit shall expire on July 9, 2026, and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Design and Development Department — Planning and Building Divisions • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above -listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control 12 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 2 OF 13 Board — Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2012- 0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. B. The applicant shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. D. The BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. E. The provision for the funding and perpetual maintenance and operation of all post -construction BMPs as required. 5. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 13 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 3 OF 13 PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. 9. A separate drywell is required for each parcel, or a drainage easement is required for flow to cross property line(s). Applicant shall comply with this condition prior to issuance of grading permit. 10. The applicant shall offer for dedication all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Site Development Permit are necessary prior to approval of the improvements dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 12. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 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. 14. Direct vehicular access is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 15. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. BUILDING PLANS 16. Plans shall be prepared to the applicable code at the time of submittal for the building permit. As of January 1, 2023, these are the 2022 California Building Codes. 17. Commercial projects are required to be prepared by a Licensed Architect or Engineer. On each sheet of construction documents provide the preparer's name and telephone number and electronic -signature and his/her stamp as prescribed by California Business and Professions Code '5536. 14 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 4 OF 13 18. This project does not qualify to be constructed under the provisions of the California Residential Code, please remove all references to the CRC from the cover sheet, and revise compliance to the California Building Code. 19. An allowable area analysis for the entire structure, including covered areas, shall demonstrate compliance with Chapters 5, 6 and 7 of the California Building Code - "Patio Cover" is a residential code term only, the proposed structure is intended to be occupied and is required to comply as building area. Structures shall be classified with respect to occupancy and type of construction. There appear to be combustible materials proposed, please update the construction type if Type IIB is unable to be achieved. 20. Proposed construction material and fire -resistance ratings shall comply with the Building Elements Tables 601 and 705.5 for building elements and exterior wall ratings, and Table 705.8 for opening protection requirements. 21. Based on the fire -separation distance shown an exterior wall fire -resistance rating is required and the amount of unprotected openings is limited, provide requested information to demonstrate compliance on plans. The percentage of opening for the setback distance and include not just window openings but also openings to covered and carport areas in the overall plain of the building's exterior wall. 22. Parapets shall be provided on exterior walls of buildings, unless construction complies specifically with any of the applicable Exceptions of Section 705.11. 23. The cover sheet shows the buildings as being non-sprinklered. However, sprinklers will be required based on occupancy types and building area -please revise. 24. Means of Egress Analysis detailing the Exit Access, the Exit and the Exit Discharge, including dimensioning widths and paths of egress travel, occupant loads, rated construction, stair design compliance and accessible egress shall comply with Chapter 10 & 11 B of the California Building Code. 25. Proposed buildings are a Place of Public Accommodation and are required to be accessible to persons with disabilities in accordance with Chapter 11 B of the California Building Code, and other relevant State and Federal Laws. 26. Photovoltaic and Energy Storage System Required. Requirements exist for both Non-residential and Multi -Family residential PV and ESS. Applies to Grocery, Office, Unleased Tenant Space, Retail, Warehouse, Auditorium, Convention Center, Hotel/Motel, Library, Medical, Restaurant, Theater, Apartments and Low-rise Residential. Design for all occupancy groups as applicable to the California Energy Code. 15 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 5 OF 13 PARKING 27. The project is required to incorporate 15 parking spaces. These 15 spaces include: A. Six (6) spaces in residential garages. B. Eight (8) on -street parking spaces located immediately adjacent to the project site, per LQMC Section 9.150.050 (B)(1). These parking spaces are within the public right-of-way and are not intended for the exclusive use of the project. C. One (1) parking space provided through payment into the Parking In -Lieu Program. Payment is required prior to the issuance of the first building permit. The parking in -lieu fee amount is $10,600 per space, pursuant to the Director's determination Memo dated August 28, 2014, and on file with the Design and Development Department. 28. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. On -site parking spaces shall conform to LQMC Chapter 9.150. Parking Spaces in residential garages shall provide ten feet in width and 20 feet in depth. B. Cross slopes should be a maximum of 2% where accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. IMPROVEMENTS 29. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 30. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 16 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 6 OF 13 31. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans shall be stamped and signed by engineers registered in California. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 32. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 33. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Precise Grading Plan 1" = 20' Horizontal B. Green Sheet for PM-10 Dust Control Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Public Works Department. "On -Site Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. 17 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 7 OF 13 "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and accessibility requirements. 34. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works section of the City website (www.laguintaca.gov). Please navigate to the Public Works home page and look for the Standard Drawings hyperlink. 35. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. GRADING 36. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 37. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 38. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and 18 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 8 OF 13 All grading shall conform with the recommendations contained in the Soils Report and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. 39. In the event the applicant fails to construct the improvements for the development or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved plan, the City shall have the right to halt issuance of all permits, and/or final inspections, or withhold other approvals related to the development of the project. 40. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 41. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 42. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the Site Development Permit Preliminary Grading Plans, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 43. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (05) from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Engineer for approval through a substantial conformance review. 44. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. 19 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 9 OF 13 Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. DRAINAGE 45. Stormwater handling shall conform with the approved hydrology and drainage report for SDP 2022-0013, or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. 46. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 10 year storm in the Village area shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 47. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 48. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 49. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 50. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance -free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin or as approved by the City Engineer. 51. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). +W PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 10 OF 13 52. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 53. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 54. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 55. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. UTILITIES 56. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities) 57. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 58. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. The 92 KV transmission power poles and all existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 59. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located so as to not conflict with access aisles/entrances. 21 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 11 OF 13 FIRE 60. Fire Hydrants and Fire Flow: Prior to building permit issuance, provide documentation showing a water system capable of delivering 1,000 GPM at 20 psi. The minimum number and location of fire hydrants shall comply with the CFC. Reference 2022 California Fire Code (CFC) 507.5.1. 61. Fire Department Access: Fire lane marking and/or signage shall be provided to restrict the obstruction of the required fire lane. The existing fire lane on Calle Estado and any trees located next to the driveway shall be maintained to provide a minimum vertical unobstructed clearance of 13 feet, 6 inches. CFC 503 62. Traffic Calming Devices - Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted to the Office of the Fire Marshal for approval. Reference CFC 503.4.1 63. Building Permit Review - Submittal of construction plans to the Fire Department will be required. Final fire and life safety conditions will be addressed when the Fire Department reviews these plans. These conditions will be based on California Fire Code, California Building Code (CBC), and related codes/standards adopted at the time of construction plan submittal. Reference CFC 105.1 64. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two-family dwellings per the California Residential Code (CRC). Plans must be submitted to the Office of the Fire Marshal for review and approval prior to installation. Ref. CRC 313.2 65. Fire Alarm and Detection System: A water flow monitoring system and/or fire alarm system may be required and determined at time of building plan review. Ref. CFC 903.4, CFC 907.2 and NFPA 72 66. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. Ref. CFC 506.1 67. Addressing: All residential dwellings shall display street numbers in a prominent location on the street side of the residence. All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01 22 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 12 OF 13 CONSTRUCTION 68. The City will conduct final inspections of habitable buildings only when the buildings have improved streets and (if required) sidewalk access to publicly maintained streets. The improvements shall include the required traffic control devices, pavement markings and street name signs. LANDSCAPE AND IRRIGATION 69. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 70. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 71. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 72. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for her approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 73. All water features shall be designed to minimize "splash" and use high efficiency pumps and lighting to the satisfaction of the Design and Development Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 74. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 75. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. 23 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0013 PROJECT: CALLE ESTADO MIXED USE BUILDINGS LOCATION: 78059 CALLE ESTADO ADOPTED: PAGE 13 OF 13 NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 76. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 77. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. MAINTENANCE 78. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 79. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 80. 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. 24 ATTACHMENT 1 gp Ad p_ - "_ MAL-r ARCHITECTURAL ABBREVIATIONS @ AT FAU FORCED AIR UNIT O/ L CENTERLINE FF FINISH FLOOR OBS O DIAMETER FG FIXED GLASS CC FHMS FLATH OD AB ANCHOR BOLT FIN FINISH OH A/C AIR CONDITIONING FJ FLOOR JOIST OPG AC ASPHALT CONCRETE FO FACE OF OS ADJ ADJACENT FLR FLOOR AFF ABOVE FINISH FLOOR FLUOR FLUORESCENT PERF ALUM ALUMINUM FIND FOUNDATION PL FTG FOOTING PLYWD BD BOARD FHWS FLATHEAD WOOD SCREW PR BLDG BUILDING FURR FURRED PVC BILK BLOCK PREFAB BLKG BLOCKING GA GAUGE BM BEAM GD GARBAGE DISPOSAL R BO BOTTOM OF GLB GLU LAM BEAM RD BOBM BOTTOM OF BEAM GS GALVANIZED STEEL RDWD GYP GYPSUM REFR CAB CABINET GB GYPSUM BOARD REINF CB CATCH BASIN REQD CJ CONTROL JOINT HB HOSE BIBB RM CLG CEILING HDR HEADER RO CLR CLEAR HGT HEIGHT IRS CMU CONCRETE MASONRY UNIT HTR HEATER RWD CO CLEANOUT HVAC HEATING/VENTILATING/ COL COLUMN AIR CONDITIONING SF COMP COMPOSITE SHINGLES HW HOT WATER SHLF CONC CONCRETE SHLV CONST CONSTRUCTION IN INCH SS CONT CONTINUOUS INT INTERIOR CSK COUNTER SINK INSUL INSULATION S&P CSMT CASEMENT SEL CT CERAMIC TILE JST JOIST SH CTR CENTER SHT CW COLD WATER LAM LAMINATE SHTG LAV LAVATORY SHWR DS DOWNSPOUT SIM DEL DOUBLE MATL MATERIAL SKL DIA DIAMETER MAX MAXIMUM SL DIAG DIAGONAL MB MACHINE BOLT SLDG DIM DIMENSION MC MEDICINE CABINET SQ DIN DOWN MECH MECHANICAL STL DR DOOR MED MEDIUM STOR DW DISHWASHER MFG MANUFACTURER STRUCT MIN MINIMUM EA EACH MISC MISCELLANEOUS EJ EXPANSION JOINT MTL METAL ELEC ELECTRICAL ENCL ENCLOSURE N NORTH EQ EQUAL NAT NATURAL EW EACH WAY NIC NOT IN CONTRACT (E) EXISTING NO NUMBER EXT EXTERIOR NTS NOT TO SALE VICINITY MAP OVER S&P SHELF AND POLE OBSCURE SEL SELECT ON CENTER SH SINGLE HUNG OUTSIDE DIAMETER SHT SHEET OVERHEAD SHTG SHEATING OPENING SHWR SHOWER OVERFLOW SCUPPER SIM SIMILAR SKL SKYLIGHT PERFORATE SL SLIDER (WINDOW) PROPERTY LINE SLDG SLIDING PLYWOOD SQ SQUARE PAIR STL STEEL POLYVINYL CHLORIDE STOR STORAGE PREFABRICATED STRUCT STRUCTURAL RADIUS/RISER T TREAD ROOF DRAIN T&B TOP & BOTTOM REDWOOD T&G TONGUE & GROOVE REFRIGERATOR TC TRASH COMPACTOR REINFORCEMENT TO TOP OF REQUIRED TOB TOP OF BEAM ROOM TOM TOP OF MASONRY ROUGH OPENING TOP TOP OF PARAFET ROUGH SAWN TOPL TOP OF PLATE REDWOOD TOS TOP OF SHEETING THK THICK SQUARE FEET TMPR TEMPERED GLASS SHELF TV TELEVISION SHELVING TYP TYPICAL STAINLESS STEEL LINO UNLESS NOTED SHELF AND POLE OTHERWISE SELECT SINGLE HUNG VIF VERIFY IN FIELD SHEET SHEATING W/ WITH SHOWER W/O WITHOUT SIMILAR WC WATER CLOSET SKYLIGHT WD WOOD SLIDER (WINDOW) WH WATER HEATER SLIDING WI WROUGHT IRON SQUARE WIN WINDOW STEEL WP WATERPROOF STORAGE WR WATER RESISTANT STRUCTURAL WWF WELDED WIRE FABRIC WWM WELDED WIRE MESH ARCHITECTURAL SYMBOLS Stu#I Nrza 5nF L Gill = X rx BUILDING SECTION LETTER AND SHEET Is -Irr,1: RFC RHNR Obstlrna Pinis $ Pfeies... c dl • s.; 8 X 0 Orla CAri mbrilt - Ale TRiDB La r�`i m .. [t�ce�rler `'' X DETAIL REFERENCE NUMBER AND SHEET ��xann+}e �7eserr Club�ai�. i 1 G�nayT:avel Irir_ -tt vdl r rl„rl=t Cal ti iaTuaS"a;: 4 X 2 INTERIOR ELEVATION x CII Fr..rtNUMBER AND SHEET Clf Frtd� -r EI Raridift FtSlaufaflt 3 Mmebfn �aFttFTTII ahap pe wr,h IJbrr Ec[z O .. . X The 4III -1qy t-� C 9Cas11eS1LM'15 2 X PLAN BLOW-UP SHEET AND NUMBER C'qC.-Le rA NQQ 4� 01 7[;,Wri r[IS511 i'ludlr:a X STRUCTURAL GRID LINES !2 Ca;lc HitldL36 PROJECT SITE X X ELEVATION SHEET AND NUMBER CALLE ESTADO MIXED USED CALLE ESTADO LA QUINTA, CA 92253 GENERAL NOTES ADDITIONAL GENERAL NOTES A. ALL WORK SHALL CONFORM TO: (A) THE MINIMUM STANDARDS OF THE LATEST EDITION OF THE INTERNATIONAL BUILDING CODE AND ALL RELATED a. THE CONSTRUCTION SHALL NOT RESTRICT A FIVEFOOT CLEAR AND DOCUMENTS PUBLISHED BY THE I.C.C. WHICH HAVE BEEN ADOPTED BY THE UNOBSTRUCTED ACCESS TO ANY WATER OR POWER DISTRIBUTION FACILITIES LOCAL GOVERNING AGENCY; (B) ALL REGULATIONS AND ORDINANCES OF ALL (POWER POLES, PULL -BOXES, TRANSFORMERS, VAULTS, PUMPS, VALVES, LOCAL GOVERNING AGENCIES; (C) ANY SPECIAL CONDITIONS REQUIRED BY THE METERS, APPURTENANCES, ETC.) OR TO THE LOCATION OF THE HOOK-UP. THE LOCAL GOVERNING AGENCIES; AND (D) ALL CALIFORNIA STATE CODE CONSTRUCTION SHALL NOT BE WITHIN TEN FEET OF ANY POWER LINES - AMENDMENTS (BUILDING STANDARDS CODE) TITLE 24. WHETHER OR NOT THE LINES ARE LOCATED ON THE PROPERTY. FAILURE TO COMPLY MAY CAUSE CONSTRUCTION DELAYS AND/OR ADDITIONAL EXPENSES. THE APPLICABLE CODES WILL INCLUDE, BUT SHALL NOT BE LIMITED TO: b. AN APPROVED SEISMIC GAS SHUTOFF VALVE WILL BE INSTALLED ON - 2022 CALIFORNIA RESIDENTIAL CODE (CRC THE FUEL GAS LINE ON THE DOWNSTREAM SIDE OF THE UTILITY METER AND - 2022 CALIFORNIA BUILDING CODE (CBC) BE RIGIDLY CONNECTED TO THE EXTERIOR OF THE BUILDING OR STRUCTURE - 2022 CALIFORNIA ELECTRICAL CODE (CEC) CONTAINING THE FUEL GAS PIPING. (PER ORDINANCE 170,158) (SEPARATE - 2022 CALIFORNIA MECHANICAL CODE (CMC) PLUMBING PERMIT IS REQUIRED). - 2022 CALIFORNIA PLUMBING CODE (CPC) - 2022 CALIFORNIA ENERGY CODE (CENC) C. PLUMBING FIXTURES ARE REQUIRED TO BE CONNECTED TO A - LA QUINTA MUNICIPAL CODE SANITARY SEWER OR TO AN APPROVED SEWAGE DISPOSAL SYSTEM (R306.3). d. KITCHEN SINKS, LAVATORIES, BATHTUBS, SHOWERS, BIDETS, LAUNDRY B. ALL WORK DESCRIBED IN THE DRAWINGS SHALL BE VERIFIED BY THE TUBS AND WASHING MACHINE OUTLETS SHALL BE PROVIDED WITH HOT AND CONTRACTOR FOR DIMENSION, GRADE, EXTENT AND COMPATIBILITY TO THE COLD WATER AND CONNECTED TO AN APPROVED WATER SUPPLY (R306.4). EXISTING SITE. ANY DISCREP- ANCIES AND UNEXPECTED CONDITIONS THAT AFFECT OR CHANGE THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS e. BATHTUB AND SHOWER FLOORS, WALLS ABOVE BATHTUBS WITH A SHALL BE BROUGHT TO THE DESIGNER'S ATTENCTION IMMEDIATELY. DO NOT SHOWERHEAD, AND SHOWER COMPARTMENTS SHALL BE FINISHED WITH A PROCEED WITH THE WORK IN THE AREA OF DISCREPANCIES UNTIL ALL SUCH NONABSORBENT SURFACE. SUCH WALL SURFACES SHALL EXTEND TO A DISCREPANCIES ARE RESOLVED. IF THE CONTRACTOR CHOOSES TO DO SO, HE HEIGHT OF NOT LESS THAN 6 FEET ABOVE THE FLOOR (R307.2). SHALL BE PROCEEDING AT HIS OWN RISK. f. PROVIDE ULTRA -LOW FLUSH WATER CLOSETS FOR ALL NEW C. OMISSIONS FROM THE DRAWINGS AND SPECIFICATION OR THE CONSTRUCTION. EXISTING SHOWER HEADS AND TOILETS MUST BE ADAPTED MISDESCRIPTION OF THE WORK WHICH IS MANIFESTLY NECESSARY TO CARRY FOR LOW WATER CONSUMPTION. OUT THE INTENT OF THE DRAWINGS AND SPECIFICATIONS, OR WHICH IS CUSTOMARILY PERFORMED, SHALL NOT RELIEVE THE CONTRACTOR FROM g. UNIT SKYLIGHTS SHALL BE LABELED BY A LA CITY APPROVED LABELING PERFORMING SUCH OMITTED OR MISDESCRIBED DETAILS OF THE WORK AS IF AGENCY. SUCH LABEL SHALL STATE THE APPROVED LABELING AGENCY NAME, FULLY AND COMPLETELY SET FORTH AND DESCRIBED IN THE DRAWINGS AND PRODUCT DESIGNATION AND PERFORMANCE GRADE RATING. (RESEARCH SPECIFICATIONS. REPORT NOT REQUIRED). (R308.6.9) D. DIMENSIONS SHOWN SHALL TAKE PRECEDENCE OVER DRAWINGS SCALE OR h. WATER HEATER MUST BE STRAPPED TO WALL. (SEC. 507.3, LAPC) PROPORTION. LARGER SCALE DRAWINGS SHALL TAKE PRECEDENCE OVER SMALLER SCALE DRAWINGS. i. FOR EXISTING POOL ON SITE, PROVIDE AN ALARM FOR DOORS TO THE DWELLING THAT FORM A PART OF THE POOL ENCLOSURE. THE ALARM SHALL E. APPROVED NUMBERS OR ADDRESSES (PER CITY OF LA QUINTA) SHALL BE SOUND CONTINUOUSLY FOR A MIN. OF 30 SECONDS WHEN THE DOOR IS PROVIDED IN SUCH A POSITION AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM OPENED. IT SHALL AUTOMATICALLY RESET AND BE EQUIPPED WITH A MANUAL THE STREET OR ROAD FRONTING THE PROPERTY. CONTRACTOR SHALL MEANS TO DEACTIVATE (FOR 15 SECS. MAX.) FOR A SINGLE OPENING. THE COORDINATE THE LOCATION WITH THE ARCHITECT. DEACTIVATION SWITCH SHALL BE AT LEAST 54" ABOVE THE FLOOR. (6109 OF LABC) F. THE CONTRACTOR SHALL COORDINATE WITH THE OWNER FOR THE SELECTION OF ALL PLUMBING FIXTURES INCLUDING TOILETS, TUB/SHOWER, LAVATORIES, j. FOR EXISTING POOL ON SITE, PROVIDE ANTI- ENTRAPMENT COVER SINKS AND ALL APPROPIATE FAUCETS, TRIM AND DRAINS. THE OWNER SHALL MEETING THE CURRENT ASTM OR ASME FOR THE SUCTION OUTLETS OF THE SELECT ALL COLORS, FINISH AND OPTIONS. SWIMMING POOL, TODDLER POOL AND SPA FOR SINGLE FAMILY DWELLINGS PER ASSEMBLY BILL (AB) NO. 2977. (3162B) G. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DESIGN AND INSTALLATION OF THE MECHANICAL HEATING AND DISTRIBUTION SYSTEM IN k. AUTOMATIC GARAGE DOOR OPENERS, IF PROVIDED, SHALL BE LISTED COMPLIANCE WITH APPLICABLE CODES AND REGULATIONS. IN ACCORDANCE WITH UL 325. (R309.4) H. THE CONTRACTOR SHALL COORDINATE WITH OWNER FOR THE SELECTION OF I. SMOKE DETECTORS SHALL BE PROVIDED FOR ALL DWELLING UNITS ALL ELECTRICAL LIGHT FIXTURES (THEIR COLOR, TYPE AND FINISH), AND INTENDED FOR HUMAN OCCUPANCY, WHERE A PERMIT IS REQUIRED FOR SWITCHPLATED AND OUTLETS (COLOR AND TYPE). THE CONTRACTOR SHALL ALTERATIONS, REPAIRS, OR ADDITIONS. (R314.2) VERIFY ALL LOCATIONS AND HEIGHTS OF ALL OUTLETS, LIGHTING FIXTURES, ETC. WITH THE ARCHITECT. M. WHERE A PERMIT IS REQUIRED FOR ALTERATIONS, REPAIRS OR ADDITIONS, EXISTING DWELLINGS OR SLEEPING UNITS THAT HAVE ATTACHED I. THE CONTRACTOR SHALL COORDINATE WITH OWNER FOR THE SELECTION OF GARAGES OR FUEL -BURNING APPLIANCES SHALL BE PROVIDED WITH A ALL KITCHEN APPLIANCES (COLOR, TYPE AND OPTIONS). CARBON MONOXIDE ALARM IN ACCORDANCE WITH SECTION R315.2. CARBON MONOXIDE ALARMS SHALL ONLY BE REQUIRED IN THE SPECIFIC DWELLING J. THE CONTRACTOR SHALL COORDINATE WITH THE OWNER FOR THE SELECTION UNIT OR SLEEPING UNIT FOR WHICH THE PERMIT WAS OBTAINED. (R315.2.) AND PROPER LOCATIONS OF ALL BATHROOM SPECIALTIES INCLUDING, BUT NOT LIMITED TO, MEDICINE CABINETS, MIRRORS, TOWEL BARS AND HOOKS, TOILET n. EVERY SPACE INTENDED FOR HUMAN OCCUPANCY SHALL BE PAPER DISPENSER, SOAP DISH AND SHOWER ENCLOSURE. PROVIDED WITH NATURAL LIGHT BY MEANS OF EXTERIOR GLAZED OPENINGS IN ACCORDANCE WITH SECTION R303.1 OR SHALL BE PROVIDED WITH K. THE CONTRACTOR SHALL COORDINATE WITH THE OWNER FOR THE DESIGN OF ARTIFICIAL LIGHT THAT IS ADEQUATE TO PROVIDE AN AVERAGE ILLUMINATION BUILT-IN CABINETS INCLUDING DOOR AND DRAWER LOCATIONS, TYPES OF OF 6 FOOTCANDLES OVER THE AREA OF THE ROOM AT A HEIGHT OF 30 INCHES HINGES, PULLS AND SLIDING HARDWARE. THE OWNER SHALL SELECT THE TYPE ABOVE THE FLOOR LEVEL. (R303.1) OF MATERIALS, COLOR AND FINISH FOR CABINETS. o. A COPY OF THE EVALUATION REPORT AND/OR CONDITIONS OF LISTING L. THE CONTRACTOR SHALL COORDINATE WITH THE OWNER FOR THE SELECTION SHALL BE MADE AVAILABLE AT THE JOB SITE OF ALL INTERIOR FINISHES INCLUDING FLOOR COVERINGS AND UNDERLAYMENTS, PAINT (INCLUDING NUMBER OF COATS), OTHER WALLCOVERINGS, BASE AND CASE, LAMINATES, TILE, ETC. M. THE CONTRACTOR SHALL COORDINATE WITH THE OWNER FOR THE SELECTION DIRECTORY OF ALL DOOR HARDWARE, INCLUDING, BUT NOT LIMITED TO, DOOR LATCHES, HINGES, CABINET HARD -WARE, ETC. (TYPES AND FINISHES). OWNERS DESIGNER N. ALL WORK, CONSTRUCTION AND MATERIALS SHALL COMPLY WITH ALL OSCAR CHAVEZ EVOK STUDIO PROVISION OF THE APPLICABLE BUILDING CODES AS WELL AS ANY OTHER JUAN F. FLORES RULES, REGULATIONS, AND ORDINANCES GOVERNING THE PLACE OF 48674 CASABLANCA ST. CONSTRUCTION. IT IS THE SOLE RESPONSIBILITY OF ANYONE SUPPLYING INDIO, CA 92201 250 S PASADENA AVE. LABOR, MATERIALS, OR BOTH TO BRING TO THE ATTENTION OF THE DESIGNER, TEL: 760-404-7818 PASADENA CA 91105 ENGINEER, GENERAL CONTRACTOR AND THE OWNER ANY DISCREPANCIES OR Email: theoldfashionbarbershop@gmail.com CEL: 760-673-6837 CONFLICT BETWEEN THE REQUIREMENTS OF THE CODE AND THE DRAWINGS. Email: j.flores@evok.studio RAMON CHAVEZ DESCRIPTION OF WORK. 48674 CASABLANCA ST. CIVIL ENGINEER INDIO, CA 92201 TEL: 760-578-7958 OSABUOGBE CHRIS IGBINEDION 1. THE PROJECT CONSIST OF 3 NEW 2-STORY MIXED USED BUILDINGS, Email: rchvzl@yahoo.com EACH BUILDING OF 5,353 SQ.FT. 44-500 SAN PASCUAL AVE. 2. NEW 2 GARAGES (AT EACH BUILDING) OF 220 SQ.FT. AND 243 SQ.FT. PALM DESER, CA. 3. NEW ROOF TOP (AT EACH BUILDING) OF 1,639 SQ.FT. TEL: 760-880-8095 4. FIRST FLOOR OF EACH BUILDING WILL HAVE 2 TENANT SPACES. 5. SECOND FLOOR OF EACH BUILDING WILL HAVE 2 UNITS. CONTACT PERSON 6. LONG TERM RENTAL JESUS CASTRO 7. BUILDING A IS LOCATED AT LOT 7, BUILDING B IS LOCATED AT LOT 6 75-178 GERALD FORD DR. SUITE "131" AND BUILDING C AT LOT 5. PALM DESERT, CA TEL: 760-397-6488 PROJECT DATA LEGAL DESCRIPTION: A.P.N.: 770-152-005 770-152-006 770-152-007 BLOCK: 9 LOT: 5,6 & 7 ZONE: - LOT AREA: LOT 5 = 5,000 SQ. FT. LOT 6 = 5,000 SQ. FT. LOT 7 = 5,000 SQ. FT. TYPE OF CONSTRUCTION: II-B & IV OCCUPANCY GROUP: M & R-3 BUILDING HEIGHT: BUILDING A = 31' - 6" BUILDING B = 31' - 6" BUILDING C = 31' - 6" NUMBER OF STORIES: BUILDING A = 2 BUILDING B = 2 BUILDING C = 2 FIRE SPRINKLER SYSTEM: NO RESIDENTIAL FLOOR AREA (R.F.A.) 1ST FLOOR (SQ.FT.) 2ND FLOOR (SQ.FT.) ROOF (SQ.FT.) 04 z N z Lu ( � _J x Lu Q W rY 0 } Q } z BUILDING z z (D rY 9 cn m w z p o x -J U O Q p� -O � z0 Q z z Q O F- F- C7 U` _J (A li U (n Q � 2 Z) Z) M 0-1 BUILDING A 969 968 220 243 180 46 46 342 498 947 922 282 1,639 BUILDING B 969 968 220 243 180 46 46 342 498 947 922 282 1,639 BUILDING C 969 968 220 243 180 46 46 342 498 947 922 282 1,639 LOT COVERAGE AREA PERCENT BUILDING A 2,949 S.F. 59% BUILDING B 2,949 S.F. 59% BUILDING C 2,949 S.F. 59% TOTAL LOT AREA 14,999.93 S.F. (TOTAL OF LOTS 5,6 & 7) PARKING EVALUATION TABLE PARKING REQUIRED TOTAL PROPOSED N BUILDING A Q Q 04 2 w w z z I- F- D Z) 3 3 2.5 2.5 11 N BUILDING B a a 2 w uJ z z F- I- Z) - 3 3 2.5 2.5 11 N BUILDING C Q Q 2 w w z z F- F- Z) Z) 3 3 2.5 2.5 11 TOTAL 33 6 + 11 PUBLIC PARKING SPACES REDUCTION OF 50% 17 17 SHEET INDEX T-1 TITTLE SHEET R-1.0 RENDERS R-1.1 RENDERS R-1.2 RENDERS R-1.3 RENDERS R-1.4 RENDERS R-1.5 RENDERS R-1.6 RENDERS 1 PRELIMINARY GRADING PLAN PROPOSED BUILDINGS 2 PRELIMINARY GRADING PLAN PROPOSED BUILDINGS GN-1 GENERAL NOTES A-1.0 SITE PLAN A-1.1 PROPOSED LANDSCAPE & LIGHTING PLAN A-2.1 PROPOSED FIRST FLOOR PLAN - BUILDING A A-2.2 PROPOSED SECOND FLOOR PLAN - BUILDING A A-2.3 PROPOSED ROOF PLAN - BUILDING A A-2.4 PROPOSED FIRST FLOOR PLAN - BUILDING B A-2.5 PROPOSED SECOND FLOOR PLAN - BUILDING B A-2.6 PROPOSED ROOF PLAN - BUILDING B A-2.7 PROPOSED FIRST FLOOR PLAN - BUILDING C A-2.8 PROPOSED SECOND FLOOR PLAN - BUILDING C A-2.9 PROPOSED ROOF PLAN - BUILDING C A-3.0 EXTERIOR ELEVATIONS - BUILDING A A-3.1 EXTERIOR ELEVATIONS - BUILDING B A-3.2 EXTERIOR ELEVATIONS - BUILDING C A-3.3 TYPICAL EXTERIOR ELEVATIONS A-4.0 MATERIAL BOARD 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio REVISIONS No. Description Date 1 Revision 1 09/01 /2023 3 Revision 3 03/27/2024 JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: TITTLE SHEET Project Number 23-012 Date 06/28/2024 Drawn By J.F. r N Checked By Checker N N O N T�l O 00 N Scale 1 /4" = 1'-0" 25 EVOK 4 - �• r 1 y f r, �}• VL` - S t' •L a ��' � _� 1.4 x •s- "Y, �~ y i� � � - J � ��h yam, � . a: � .lrJ1-+°� - AMI .'r ,ram w. Y�, :�` 1 �t { �. - .. I � ice' .r '4. } .;A - facer+�� icy �� I �{ ��• �* -"'� �y. ���_. �� .r_rs :ram �•• _ -. _- _ ._ .. '� — - _s .}. �� fi •k -4. - - 5 e. yv ■ - - - � • 5 � I S�A- f i� r/. MIIMMMIIIIII� +' .l J i 2 : .- ■ —1wopm 11! '+�;"��, `�.��f � — � ��•�- - q, k�r''-.Y I - . :'lye•,. aI1 l rA'r 1 120 S Grand Ave. Los Angeles, CA 90015 CELL: (760) 673-6837 j.flores@evok.studio 1 REVISIONS No. Description Date Ui x C Q � LU N � LU LU J a I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: RENDERS Project Number 23-012 Date 06/28/2024 1-0 O Drawn By Author N N Checked By Checker N O N 00 01 N Scale 27 00 t 41r' f 2tly S d cr it � � . �� ; .,-., v _ - -_ .f' - - 'fig. �.. " . __ - - � v -�.rr -_ h .irpFff�"' � �t7�,til ti - _ �:. r�F - �+X • s. T� - -- -- � - • - - � - _ ._ .� _-- -.... � �.�t .. t- .- - :mow-. � - - - - +` - - .. _ _ .. - - - - . 3 - - - 1120 S Grand Ave. Los Angeles, CA 90015 CELL: (760) 673-6837 j.flores@evok.studio REVISIONS No. Description Date In Ui x C Q � LU te) LU LU J a I LJ JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: RENDERS Project Number 23-012 Date 06/28/2024 �o 0 Drawn By Author N N Checked By Checker N O N 1-D co R�i.2 N Scale 28 ;ak LLB - ------- -- 4 pwpp-.Jl -4{ op 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio REVISIONS No. Description Date 0 Ui x C Q � LU LU LU J a I LJ JOB SITE: CALLE ESTADO, LA QUINTA, CA 2253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: RENDERS Project Number 23-012 Date 06/28/2024 �o 0 Drawn By Author N N Checked By Checker N O N 1-D CID R�i.3 N Scale 29 -419 r 551 1 \ { I 0 I 1 1 120 S Grand Ave. Los Angeles, CA 90015 CELL: (760) 673-6837 j.flores@evok.studio REVISIONS No. Description Date 13 LU x C Q � LU te) LU LU J a I LJ JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 ■ PLAN: RENDERS Project Number 23-012 Date 06/28/2024 0 Drawn By Author N N Checked By Checker N O N 1-D co R�1.4 N Scale 30 0 I� I N. } f � }.LIi i k '"ram 4 i • ~ r t tom, % !01�1 ;d F - kk # NW'AL- -�L I -L 1 120 S Grand Ave. Los Angeles, CA 90015 CELL: (760) 673-6837 j.flores@evok.studio 1 REVISIONS No. Description Date W X C 0 Q � LU N � LU LU J a I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: RENDERS M Project Number 23-012 Date 06/28/2024 00 0 Drawn By Author N Checked By Checker N N 0 Scale N 0 R-1. 00 5 31 in _Mr JrI i1 � x 5 _ 5 4 .5 + 'S J • 44 i, 4 6 r 1 120 S Grand Ave. Los Angeles, CA 90015 CELL: (760) 673-6837 j.flores@evok.studio REVISIONS No. Description Date In Ui x 0 an LU N � LU LU J a I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: RENDERS Project Number 23-012 Date 06/28/2024 00 0 Drawn By Author N N Checked By Checker N O N 1-D R�lO co 6 N Scale 32 GRADING NOTES: 1. GRADING SHALL BE IN ACCORDANCE WITH THE ENGINEERED GRADING REQUIREMENTS OF THE UNIFORM BUILDING CODE, LATEST EDITION, AND SOILS REPORT, NO. , DATED: , PREPARED BY: , TELEPHONE NO. 2. THE SOILS ENGINEER AND THE ENGINEERING GEOLOGIST SHALL EXERCISE SUFFICIENT SUPERVISORY CONTROL DURING GRADING TO INSURE COMPLIANCE WITH THE PLANS, SPECIFICATIONS, AND CODE WITHIN THEIR PURVIEW. 3. THE DESIGN CIVIL ENGINEER SHALL EXERCISE SUFFICIENT CONTROL DURING GRADING AND CONSTRUCTION TO ENSURE COMPLIANCE WITH THE PLANS, SPECIFICATIONS, AND CODE WITHIN HIS PURVIEW. 4. DURING ROUGH GRADING OPERATIONS AND PRIOR TO CONSTRUCTION OF PERMANENT DRAINAGE STRUCTURES, TEMPORARY DRAINAGE CONTROL SHALL BE PROVIDED TO PREVENT PONDING WATER AND DAMAGE TO ADJACENT PROPERTY. 5. AFTER CLEARING, EXISTING GROUND SHALL BE SCARIFIED TO A MINIMUM OF 6" ON THE ENTIRE SITE OR AS RECOMMENDED BY THE SOILS REPORT. 6. THE MAXIMUM CUT AND FILL SLOPES SHALL BE 2: 1. 7. PADS SHALL BE COMPACTED TO A MINIMUM OF 90% RELATIVE DENSITY PER A.S.T.M. SPECIFICATIONS AND THE ABOVE MENTIONED SOILS REPORT. 8. MINIMUM BUILDING PAD DRAINAGE SHALL BE 2%. DRAINAGE SHALL BE A MINIMUM OF 0.3' DEEP AND BE CONSTRUCTED A MINIMUM OF T FROM THE TOP OF CUT OR FILL SLOPES. THE MINIMUM SLOPE OF SWALES SHALL BE 0.50%. 9. ALL FILLS SHALL BE COMPACTED TO A MINIMUM OF NINETY (90) PERCENT OF MAXIMUM DENSITY AS DETERMINED BY THE UNIFORM BUILDING CODE SECTION 7010 OR EQUIVALENT AS APPROVED BY THE CITY ENGINEER. FIELD DENSITY SHALL BE DETERMINED IN ACCORDANCE WITH THE UNIFORM BUILDING CODE SECTION 7002, OR EQUIVALENT, AS DETERMINED BY THE CITY ENGINEER. 10. ALL STREET SECTIONS ARE TENTATIVE. THE MINIMUM SECTION IS 3" A.C. OVER 4.5" CRUSHED A.B. ADDITIONAL SOIL TEST(S) SHALL BE REQUIRED AFTER ROUGH GRADING TO DETERMINE EXACT SECTION REQUIREMENTS. THE CITY ENGINEER SHALL APPROVE THE FINAL STREET SECTION. 11. THE CITY ENGINEER WILL REVIEW FOR APPROVAL THE FINAL STREET SECTIONS AFTER SUBMITTAL OF "R" VALUE TESTS FOR ROADWAY SUBBASE. 12. LOCATIONS OF FIELD DENSITY TESTS SHALL BE DETERMINED BY THE SOILS ENGINEER OR APPROVED TEST AGENCY AND SHALL BE SUFFICIENT IN BOTH HORIZONTAL AND VERTICAL PLACEMENT TO PROVIDE REPRESENTATIVE TESTING OF ALL FILL PLACED. TESTING IN AREAS OF A CRITICAL NATURE OF SPECIAL EMPHASIS SHALL BE IN ADDITION TO THE NORMAL REPRESENTATIVE SAMPLINGS. 13. THE FINAL COMPACTION REPORT AND APPROVAL FROM THE SOILS ENGINEER SHALL CONTAIN THE TYPE OF FIELD TESTING PERFORMED. EACH TEST SHALL BE IDENTIFIED WITH THE METHOD OF OBTAINING THE IN -PLACE DENSITY, WHETHER SAND CONE OR DRIVE RING, AND SHALL BE SO NOTED FOR EACH TEST. SUFFICIENT MAXIMUM DENSITY DETERMINATION SHALL BE PERFORMED TO VERIFY THE ACCURACY OF THE MAXIMUM DENSITY CURVES USED BY THE FIELD TECHNICIAN. 14. ALL UNDERGROUND FACILITIES, WITH LATERALS, SHALL BE IN PLACE AND INSPECTED PRIOR TO PAVING, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING: SEWER, WATER, ELECTRIC, COMMUNICATIONS, GAS, AND DRAINAGE. 15. THE FINAL UTILITY LINE BACKFILL REPORT FROM THE PROJECT SOILS ENGINEER SHALL INCLUDE AN APPROVAL STATEMENT THAT THE BACKFILL IS SUITABLE FOR THE INTENDED USE. 16. BLOCK WALLS ARE NOT PART OF THE GRADING PERMIT. PLEASE SUBMIT THESE FOR SEPARATE BUILDING PERMIT(S). 17. THE CONTRACTOR IS RESPONSIBLE TO PREVENT SILT CONTAMINATION OF STORMWATER INFILTRATION FACILITIES DURING CONSTRUCTION OF SUBSEQUENT IMPROVEMENTS BY THE CONTRACTOR. IMMEDIATELY PRIOR TO FINAL ACCEPTANCE OF STORM DRAINAGE RETENTION/INFILTRATION FACILITIES, THE CONTRACTOR SHALL CONDUCT, IN THE PRESENCE OF THE CITY INSPECTOR, A PERFORMANCE TEST DESIGNED TO CLEARLY DEMONSTRATE THE FUNCTIONAL ADEQUACY OF THE FACILITIES. 18. THE CONTRACTOR SHALL PROVIDE WIND EROSION AND DUST CONTROL MEASURES AS REQUIRED BY THE FUGITIVE DUST CONTROL PLAN APPROVED FOR THIS PROJECT. ALL MEASURES SHALL BE TO THE SATISFACTION OF THE CITY. Know what's below. Call before you dig. CONTRACTOR: INSPECTOR: 1 DATE COMPLETED: 1 AS BUILT COMP. DATE: GENERAL NOTES: 1. All work shall be done in accordance with the latest edition of the STANDARD PLANS OF THE CITY OF LA QUINTA and the latest edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. 2. It shall be the responsibility of the contractor to apply to the City of La Quinta Public Works Department for the necessary permits and to be responsible for satisfactory compliance for all current environmental regulations during the life of construction activities for the project. Additional studies and/or permits may be required. 3. The contractor shall obtain all permits as required by the City of La Quinta or other governing agencies. 4. The contractor shall notify the City of La Quinta Public Works Department forty-eight (48) hours prior to any grading, brushing, or clearing and each phase of construction at (760) 777-7048. 5. The locations of existing underground utilities are shown in an approximate way only. The contractor shall determine the exact location of all existing utilities before commencing work. The contractor agrees to be fully responsible for any and all damages which might be occasioned by his failure to exactly locate and preserve any and all utilities. 6. The contractor shall be responsible for the removal, replacement, or relocation of all regulatory, warning and guide signs. 7. The City Engineer shall approve the design and installation of all street name signs, traffic control signs, traffic striping, legends, and pavement markers type and location. 8. The contractor shall not disturb existing survey monuments or bench marks noted on the plans, or found during construction. Removal and replacement shall be done by a registered Civil Engineer with an R.C.E. NUMBER BELOW 33,966, or a LICENSED LAND SURVEYOR ONLY. 9. Construction operations and maintenance of equipment within one half mile of human occupancy shall be performed only during the time periods as follows: October 1st to April 30th: Monday through Friday 7:OOAM to 5:30PM May 1st to September 30th: Monday through Friday 6:OOAM to 7:OOPM Work shall be prohibited any time on Sundays or on Federal Holidays. No reduction of the traveled way width shall be permitted on any City street on weekends or holidays, ore when active work is not being done, unless prior authorization to do so is granted by the City Engineer. No lane closures shall be permitted or allowed on any City street before 8:30AM and after 3:30PM unless authorization to do so is granted by the City Engineer. 10. All traveled ways must be cleaned daily of all dirt, mud and debris deposited on them as a result of the grading operation. Cleaning is to be done to the satisfaction of the City Engineer. 11. All construction areas shall be properly posted and lighted in conformance with the California State Manual of Warning Signs, Lights, and Devices for use in the performance of work upon highways in order to eliminate any hazards. 12. Construction projects disturbing more than 1-Acre must obtain a National Pollutant Discharge Elimination System (NPDES) Permit. Owners/Developers are requited to: a) file a notice of intent (NOI) with the State Water Resources Control Board (SWRCB); b) prepare a Storm Water Pollution Prevention Plan (SWPPP); and c) have a Monitoring Plan for the site. The NPDES is a National Program to control non -point source pollutants carried by storm water. The program is implemented and enforced by the SWRCB. DRAWN BY PREPARED FOR PROJECT No. BY DATE CONSTRUCTION RECORD ENGINEER R E V I S I O N S APP'D DATE SCALE BENCHMARK: NUMBER245 BASIS OF BEARING CALLE TAMPICO / EISENHOWER DRIVE THE BEARING N 89° 5500" E OF THE C/L OF CALLE ESTADO AS SHOWN BY MB :19, PAGE/BLOCK : 75, ON RIVERSIDE COUNTY, ELEV. = 47.922 CA. WAS TAKEN THE BASIS OF BEARING SHOWN ON THIS PLAN. IN THE CITY OF LA QUINTA, CA PRELIMINARY GRADING PLAN PROPOSED BUILDINGS LOTS # 5, 6, 7, CALLE ESTADO, LA QUINTA, CA 92253 T6S R7E SEC6 SW SPEED - D - TUFF GRATE T.G. ELEV. NDS 1212 (GREEN) (SEE PLAN) 12" OR APPROVED EQUAL 1 % MIN. 1 F.G. % MIN. LU NDS 1230 W/ NDS 1266 ADAPTOR PIPE RISER PLASTIC TEE QDC (V PIPESIZE INV. ELEV PER PLAN (SEE PLAN) NOTE: FOR BINDING ABS TO PVC, USE TRANSITION CEMENT OR EQUAL 2 12"X12" NDS DRAIN DETAIL N.T.S. 24` DIAM. C.I. GRATE A FRAME AIHAMBRA FOUNDRY A-1200 OR APPROVED EQUAL. ADAPT AS REQUIRED FOR V GUTTER AND CURB @ GUTTER INSTALLATION. SET RIM TO GRADE NTH PRECAST RISERS, COMPACT BACKFILL TO 90% MIN. WITH TOP 12" COMPACTED TO 95% 4e DIAM. PRECAST MANHOLE CONE 6" PVC DOWN DRAIN NTH FILTERED COLLAR PER DETAIL BELOW 6" DOME TYPE GRATE ON INLET PRECAST REINFORCED CONC. SLAB C CONCRETE SLAB (POURED IN PLACE) EXTEND 6- INTO UNDISTURBED SOIL (CLASS 56D-C-3250 CONCRETE) 48" PRECAST PERFORATED CONCRETE RING I- TO 1 1/2- WASHED ROCK A NON -WOVEN FILTER FABRIC PER SEC. 88-103 CAL. STD. SPEC. SHALL BE USED BETWEEN THE WASHED ROCK AND UNDISTURBED SOIL 1" TO 1 1/Y WASHED ROCK ON UNDISTURBED SOIL A MINIMUM 12" THICK NOTES • ALL JOINTS ABOVE THE LEACHING AREA SHALL BE MORTAR SEALED INSIDE AND OUT. • THE SURFACE AREA FOR PERCOLATION MAY BE THE OUTSIDE AREA OF THE GRAVEL (6.5' DIAM. TYP.) CLAMP MAKE "U' SHAPE PRESSED TOGETHER CLEANING DOME TYPE GRATE ON INLET PVC PIPE WITH 1" PERFORATIONS DRILLED 0 A O.C. WRAP PERFORATED SECTION NTH FILTER FABRIC 2 P FABRIC WITH PROTECTIVE LAYER OF BAND 2S �+i ALUMINUM WINDOW SCREEN, OVERLAPPED AND HELD CLAMP IN PLACE YAT1 ADJUSTABLE BAND CLAMPS. THEN WRA s 4" PRECAST REINFORCED CONC. SLAB PER ABOVE A' A , EPDXY PIPE INTO PRECAST CONCRETE DRYWELL AND FILTERED COLLAR DETAIL NTS CONSTRUCTION NOTES QTY. EST. Ol INSTALL 4" 0 PVC PIPE @ 1% MIN. 517.0 FT. O 12"X12" NDS DRAIN PER DETAIL ON THIS SHEET 36 3 INSTALL STANDARD DRYWELL. 3 ® CONSTRUCT 6" P.C.C. CONCRETE WALKWAY 4,387.0 SQ.FT. O NEW OUTDOOR RAILING 128.0 FT. EXISTING BUILDING A.P.N. = 770-152-004 (E) OVERHANG I I I 11:M10 1=1:4$1AAR QRCFESS/O� q Q,91 F� No. C 56629 m Exp.6/30/25� qTE OF C (EG = 47.26) DESIGNED BY: PROPOSED BUILDING C FF = 46.50 PE= 45.84 E&FS = 46.34 OSABUOGBE CHRIS IGBINEDION PROFESIONAL ENGINEER R.C.E. No. C 56629 06 / 30 / 25 44-500 SAN PASCUAL AVE., PALM DESERT, CA. 50, FS = 46.19 PROPOSED BUILDING B FS = 46.34 FF = 46.50 F5 = 46.34 PE = 45.84 50, SECTION A SCALE - 1" = 10' PROPOSED FL = 46.29 1 1 H.P' I EG FF = 46,00 (EG = 46.79) F5 = 46.34 I FS = 45.69 FS = 45.84 PE =45.34 50' APPROVED BY: 6/20/24 lk DATE BRYAN McKINNEY, P.E. r,=. PUBLIC WORKS / CITY ENGINEER DATE: EXISTING BUILDING A.P.N. = 770-152-008 0 CALLE ESTADO - Ihfbl :L iiulr.b VI INIT MAP _ NO SCALE_ CALLE CADIZ LEGEND: FF FINISH FLOOR ELEVATION EG EXISTING GRADE FIG FINISH GRADE FS FINISH SURFACE GB GRADE BREAK GF GARAGE FLOOR HP HIGH POINT PE FINISH PAD ELEVATION PA PLANTER AREA PUE PUBLIC UTILITY EASEMENT TIC TOP OF CURB TP TOP OF PAVER FL FLOWLINE INV INVERT TG TOP OF GRATE TW TOP OF WALL TF TOP OF FOOTING TOS TOP OF SLOPE BOS BOTTOM OF SLOPE WS WATER SURFACE ROW RIGHT OF WAY SBM SITE BENCH MARK BRICK PAVERS CONCRETE EXISTING CONTOURS FINISH CONTOURS DRAINAGE SWALE PROPERTY LINE CENTER LINE (E) BLOCK WALL NEW BLOCK WALL RETAINING WALL ESTIMATED QUANTITIES FILL 0.0 c.y. CUT 9.2 c.y. LOT AREA NEW BUILDINGS "A" NEW BUILDINGS "B" NEW BUILDINGS "C" TOTAL FOOTPRINT DISTURBED AREA 0.32 AC. ( 13,934.21 Ft') IMPERVIOUS AREA 0.02 AC. ( 1,065.75 Ft2 ) A55ESSOR'S PARCEL NO A.P.N. s = 770-152-005 770-152-006 770-152-007 ADDRESS LOTS 5, 6, 7 BLK 9, CALLE ESTADO LA QUINTA, CA 92253 OWNER/DEVELOPER : Rn1VIV1N 7 VJL.nR L.rIn VL L. LOTS 5, 6, 7 BLK 9, CALLE ESTADO LA QUINTA, CA 92253 CIVIL ENGINEER : 05AB000BE CHRIS IGBINEDION 44-500 SAN PASCUAL AVE. PALM DE5ERT, CA. TEL.- (760) 880-8095 CONTACT PERSON 7ESUS CASTRO 75-178 GERALD FORD DR. SUITE "Bl" PALM DE5ERT, CA. TEL.- (760) 397-6488 14,999.96 SQF 2,949.00 SQF 2,949.00 SQF 2,949.00 SQF 8,847.00 SQF NOTE: QUANTITIES SHOWN ARE FOR PERMIT PURPOSES ONLY. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING HIS OWN ESTIMATE OF QUANTITIES FOR BID PURPOSES. IN THE CITY OF LA QUINTA PRELIMINARY GRADING PLAN PROPOSED BUILDINGS SITE ADDRESS : BLK # 9 LOTS # 5, 6, 7 CALLE ESTADO, LA QUINTA, CA. 92253 SEC. 6 , T. 6 S., R. 7 E., SW APN. 770-152-005, 006 AND 007 SHEET No, 1 OF 2 SHEETS CITY FILE No, TELEPHONE # (760) 880-8095 FAX # IN THE CITY OF LA QUINTA, CA PRELIMINARY GRADING PLAN CONSTRUCTION NOTES QTY. EST. Ol INSTALL 4" 0 PVC PIPE @ 1% MIN. 517.0 FT. O 12"X12" NDS DRAIN PER DETAIL ON THIS SHEET 36 3 INSTALL STANDARD DRYWELL. 3 O4 CONSTRUCT 6" P.C.C. CONCRETE WALKWAY 4,387.0 SQ.FT. O5 NEW OUTDOOR RAILING 128.0 FT. Know what's below. Call before you dig. CONTRACTOR: ■11L61:2X9111613 DATE COMPLETED: AS BUILT COMP. DATE: EXISTING BU A.P.N. = 770-1 DRAWN BY (E) UTILITY (E) SIGN (E) LIGHT BOX P05T (E) __ PA X\v— -DRIVEWAY PROPOSED BUILDINGS LOTS # 59 69 7, CALLE ESTADO, LA QUINTA, CA 92253 T6S R7E SEC6 SW CALLE ESTADO (E) 24" CURB PA I 40) l '. •2 G = 46.40 - FS 46.30 :, �•I It . 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FG = 46.75 FS = 46.30 _ _ _ _ _ _ _ FS = 46.30 N 89055 00 E II FS = 46.10 FS = 46.10 FS = 46.20 150,00' FS = 46:00 FS=4600 LOT C (ALLEY (E) UTILITY ------------------------ 1 •►r►�' lip ywr-�►�►�►�►�r-•►rr-+r�r-�r'�r-�r-�r-r, 1• bV}dls�l�ll►■1►■11� 3�1U �I+y■11■0►■IFIFIFIhif�ll■I,/•■ �14/►�1►■1►■11�■► r1�IMrwi1F1►■IF;!:•I�,/ ��I�:�rr.�r�►■=i i. �►r1��rKUull�aw<frfrrlf,.,.�., rrr''■r�Hrl'■f-1'■i,■n■►r�"r:��!: ��..�Jy!��`'�e+.3'`�iriri"►rl"i�l'■wl'■►rl�'■reel"rcl'■►rl"i■I"i-r1'air►�wr�rr ►•1►"IM�IN��IwMI1�IMG�;u�i���l�1�►•11'1�1"IFO~F•1~F•1~F•1~F•1►"111�+��+~�iI�V■MYKM■11"IF/FiU�S�II"IF■1~I I '• i'li.rp'ISir�ir�i..iu�i.rp'Ii.�ri�-�y.r�►"1�./►'�►"lip'Iip'Iip'Iip'Ii.r►'ri'"lip'li.rp'lip'lyp'1�./p'Iu�Jp'lupqup'li.�� 1 M I iW �� dill , , i �, �'� �rad P WE ato e 'EmmmmmI 101 IN Ic aim _ _ I © trre�l�rc� It �� e�'� PREPARED FOR PROJECT No. 1 BY JDATE1 CONSTRUCTION RECORD ENGINEER REVISIONS APP'D DATE SCALE BENCHMARK: NUMBER 245 BASIS OF BEARING CALLE TAMPICO / EISENHOWER DRIVE THE BEARING N 89' 55' 00" E OF THE C/L OF CALLE ESTADO AS SHOWN BY MB :19, PAGE/BLOCK : 75, ON RIVERSIDE COUNTY, ELEV. = 47.922 CA. WAS TAKEN THE BASIS OF BEARING SHOWN ON THIS PLAN. DESIGNER'S SEAL I DESIGNED BY: No. C 56629 Exp. 6/30/25 OSABUOGBE CHRIS IGBINEDION PROFESIONAL ENGINEER R.C.E. No. C 56629 06 / 30 / 25 44-500 SAN PASCUAL AVE. , PALM DESERT, CA. TELEPHONE # (760) 880-8095 FAX # � 5� / / :f� � Y ' •�• G•R�T'E X T 4 • FS - // G - .2 PA Tk L - / PA J PA •r 6/20/24 DATE "D11) APPROVED BY: TG = 45.55 HIV = 441A PALM TREE O C5 EXISTING BUILDING A.P.N. = 770-152-008 Wei O 0 Z GRAPHIC SCALE 0' 5' 10, 20' 30' 40' ( IN FEET) BRYAN MCKINNEY, P.E. PUBLIC WORKS / CITY ENGINEER DATE: 'G = 46.90) FG = 46.10 NORTH GRADING PLAN SCALE: V =10' T rrrr>\Tn . FF FINISH FLOOR ELEVATION EG EXISTING GRADE FG FINISH GRADE FS FINISH SURFACE GB GRADE BREAK GF GARAGE FLOOR HP HIGH POINT PE FINISH PAD ELEVATION PA PLANTER AREA PUE PUBLIC UTILITY EASEMENT TIC TOP OF CURB TP TOP OF PAVER FL FLOWLINE INV INVERT TG TOP OF GRATE TW TOP OF WALL TF TOP OF FOOTING TOS TOP OF SLOPE BOS BOTTOM OF SLOPE WS WATER SURFACE ROW RIGHT OF WAY SBM SITE BENCH MARK BRICK PAVERS CONCRETE EXISTING CONTOURS FINISH CONTOURS DRAINAGE SWALE PROPERTY LINE CENTER LINE (E) BLOCK WALL NEW BLOCK WALL RETAINING WALL ESTIMATED QUANTITIES FILL 0.0 C.Y. CUT 9.2 c.y. LOT AREA NEW BUILDINGS A NEW BUILDINGS "B" NEW BUILDINGS "C" TOTAL FOOTPRINT DISTURBED AREA 0.32 AC. ( 13,934.21 Ft2 ) IMPERVIOUS AREA 0.02 AC. (1,065.75 FtZ ) ASSESSOR'S PARCEL NO ; A.P.N. 5 = 770-152-005 770-152-006 770-152-007 ADDRESS LOTS 5, 6, 7 BLK 9, CALLE ESTADO LA QUINTA, CA 92253 OWNER/DEVELOPER : RAMON Y OSCAR CHAVEZ LOTS 5 61 7 BLK 9 CALLE ESTADO LA QUINTA, CA 92253 CIVIL ENGINEER OSABUOGBE CHRIS IGBINEDION 44-500 SAN PASCUAL AVE. PALM DESERT, CA. TEL.- (760) 880-8095 CONTACT PERSON : JESUS CASTRO 75-178 GERALD FORD DR. SUITE "Bl" PALM DESERT, CA• TEL.- (760) 397-6488 0 --(93.0)-- -80.0- 14,999.96 SQF 2,949.00 SQF 2,949.00 SQF 2,949.00 SQF 8,847.00 SQF NOTE: QUANTITIES SHOWN ARE FOR PERMIT PURPOSES ONLY. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING HIS OWN ESTIMATE OF QUANTITIES FOR BID PURPOSES. IN THE CITY OF LA QUINTA PRELIMINARY GRADING PLAN PROPOSED BUILDINGS SITE ADDRESS : BLK # 9 LOTS # 5, 6, 7 CALLE ESTADO, LA QUINTA, CA. 92253 SEC. 6 , T. 6 S., R. 7 E., SW APN. 770-152-005, 006 AND 007 SHEET No, OF 2 SHEETS CITY FILE No, GENERAL REQUIREMENTS FIRE PROTECTION BUILDING & SAFETY GENERAL NOTES KITCHEN NOTES BATHROOM NOTES ELECTRICAL NOTES SAFETY GLAZING (I.E., TEMPERED) WINDOWS IN BATHROOMS [CRC 308.4.5] THE CONSTRUCTION SHALL NOT RESTRICT A FIVE-FOOT CLEAR AND THE BUILDING SHALL BE EQUIPPED WITH AN AUTOMATIC RESIDENTIAL FIRE 1. ALL ENTRY DOORS TO DWELLING UNITS OR GUEST ROOMS SHALL BE ARRANGED SO • ALL KITCHEN COUNTERTOP OUTLETS SHALL BE GFCI PROTECTED. CEC 210.8(A)(6) UNOBSTRUCTED ACCESS TO ANY WATER OR POWER DISTRIBUTION FACILITIES SPRINKLER SYSTEM IN ACCORDANCE WITH SECTION R313.3 OR NFPA13D. (R313, THAT THE OCCUPANT HAS A VIEW OF THE AREA IMMEDIATELY OUTSIDE THE DOOR • 12" OR WIDER COUNTERTOPS REQUIRE AN OUTLET. CEC 210.52(C)(1) • WINDOWS IN ANY PORTION OF A WALL ENCLOSING TUBS AND/OR SHOWERS WHERE (POWER POLES, PULL -BOXES, TRANSFORMERS, VAULTS, PUMPS, VALVES, METERS, 12.21A17(D)) WITHOUT OPENING THE DOOR. SUCH VIEW MAY BE PROVIDED BY A DOOR VIEWER, • OUTLETS ARE REQUIRED WITHIN 24" OF ANY LOCATION ALONG THE COUNTERTOP. THE BOTTOM EDGE OF THE GLAZING IS LESS THAN 60" ABOVE THE STANDING SURFACE. APPURTENANCES, ETC.) OR TO THE LOCATION OF THE HOOK-UP. THE THROUGH WINDOWS LOCATED IN THE VICINITY OF THE DOOR OR THROUGH VIEW CEC 210.52(C)(1). • WINDOWS WITHIN 60" MEASURED HORIZONTALLY FROM WATER'S EDGE OF A BATHTUB CONSTRUCTION SHALL NOT BE WITHIN TEN FEET OF ANY POWER LINES -WHETHER THE SPRINKLER SYSTEM SHALL BE APPROVED BY PLUMBING DIVISION PRIOR TO PORTS IN THE DOOR OR ADJOINING WALL. (6706) • KITCHEN OUTLETS MUST BE POSITIONED A MAXIMUM 20" ABOVE COUNTER TOP. OR WHIRLPOOL TUB OR FROM EDGE OF A SHOWER AND WHERE THE BOTTOM EDGE OR NOT THE LINES ARE LOCATED ON THE PROPERTY. FAILURE TO COMPLY MAY INSTALLATION CEC 210.52(C)(5) OF THE GLAZING IS LESS THAN 60" ABOVE THE WALKING SURFACE. CAUSE CONSTRUCTION DELAYS AND/OR ADDITIONAL EXPENSES. 2. SCREENS, BARRICADES, OR FENCES MADE OF A MATERIAL WHICH WOULD PRECLUDE • APPLIANCES AND SINKS BREAK UP THE COUNTERTOP RUN, REQUIRING EACH SIDE TO AN APPROVED SMOKE ALARM SHALL BE INSTALLED IN EACH SLEEPING ROOM & HUMAN CLIMBING SHALL BE PROVIDED AT EVERY PORTION OF EVERY ROOF, BALCONY, COMPLY INDIVIDUALLY.CEC 210.52(C) AN APPROVED SEISMIC GAS SHUTOFF VALVE WILL BE INSTALLED ON THE FUEL GAS HALLWAY OR AREA GIVING ACCESS TO A SLEEPING ROOM, AND ON EACH STORY AND OR SIMILAR SURFACE WHICH IS WITHIN 8 FT. OF THE UTILITY POLE OR SIMILAR Water Conserving Plumbing Fixtures [California Civil Code 1101.4(a)] LINE ON THE DOWNSTREAM SIDE OF THE UTILITY METER AND BE RIGIDLY BASEMENT FOR DWELLINGS WITH MORE THAN ONE STORY. SMOKE ALARMS SHALL STRUCTURES. (6707) • THE ELECTRICAL OUTLET REQUIREMENTS INCLUDE ISLANDS, PENINSULAS, KITCHEN CONNECTED TO THE EXTERIOR OF THE BUILDING OR STRUCTURE CONTAINING THE BE INTERCONNECTED SO THAT ACTUATION OF ONE ALARM WILL ACTIVATE ALL THE DESKTOPS, WET BARS, AND SERVING BARS. A LARGE WINDOW ACROSS THE BACK OF A THE CALIFORNIA CIVIL CODE REQUIRES THAT ALL EXISTING NON -COMPLIANT PLUMBING FUEL GAS PIPING. (PER ORDINANCE 170,158) (SEPARATE PLUMBING PERMIT IS ALARMS WITHIN THE INDIVIDUAL DWELLING UNIT. IN NEW CONSTRUCTION SMOKE 3. WOOD FLUSH -TYPE DOORS SHALL BE 1 3/8" THICK MINIMUM WITH SOLID CORE SINK OR LACK OF A BACK SPLASH DOES NOT EXEMPT THE COUNTERTOP FROM THE FIXTURES BASED ON WATER EFFICIENCY THROUGHOUT THE HOUSE BE UPGRADED ( ) REQUIRED). ALARMS SHALL RECEIVE THEIR PRIMARY POWER SOURCE FROM THE BUILDING CONSTRUCTION. 91.6709.1 - DOOR STOPS OF IN SWINGING DOORS SHALL BE OF ONE- OUTLET REQUIREMENTS. THESE OUTLETS MAY BE IN A DROP FRONT CABINET FACE, WHENEVER A BUILDING PERMIT IS ISSUED FOR REMODELING IMPROVEMENTS EVEN IF WIRING AND SHALL BE EQUIPPED WITH BATTERY BACK-UP AND LOW BATTERY PIECE CONSTRUCTION WITH THE JAMB OR JOINED BY RABBET TO THE JAMB. (6709.4) UNDER CABINET PLUG STRIP, POP UP OR TOMBSTONE TYPE RECEPTACLE. CEC THE FIXTURES ARE NOT WITHIN THE SCOPE OF WORK. RESIDENTIAL BUILDING PLUMBING FIXTURES ARE REQUIRED TO BE CONNECTED TO A SANITARY SEWER OR SIGNAL. (R314) 4. EVERY DOOR IN A SECURITY OPENING FOR AN APARTMENT HOUSE SHALL BE 210.52(C)(2), (3), (4) CONSTRUCTED AFTER JANUARY 1, 1994 ARE EXEMPT FROM THIS REQUIREMENT. THE TO AN APPROVED SEWAGE DISPOSAL SYSTEM (R306.3). PROVIDED WITH A LIGHT BULB (60 WATT MIN.) AT A MAXIMUM HEIGHT OF 8 FEET ON THE FOLLOWING TABLE SHOWS THE FIXTURES THAT ARE CONSIDERED TO BE AN APPROVED CARBON MONOXIDE ALARM SHALL BE INSTALLED IN DWELLING UNITS EXTERIOR. (6708) • 2 - SMALL APPLIANCE BRANCH CIRCUITS ARE REQUIRED FOR KITCHENS. THE LOADS NON -COMPLAINT AND THE TYPE OF WATER -CONSERVING PLUMBING FIXTURE THAT KITCHEN SINKS, LAVATORIES, BATHTUBS, SHOWERS, BIDETS, LAUNDRY TUBS AND AND IN SLEEPING UNITS WITHIN WHICH FUEL -BURNING APPLIANCES ARE INSTALLED SHALL BE BALANCED AND HAVE NO OTHER OUTLETS. S. CEC 210.52(B)(1), (2) SHOULD BE INSTALLED: WASHING MACHINE OUTLETS SHALL BE PROVIDED WITH HOT AND COLD WATER AND AND IN DWELLING UNITS THAT HAVE ATTACHED GARAGES. CARBON MONOXIDE 5. ALL PIN -TYPE DOOR HINGES ACCESSIBLE FROM OUTSIDE SHALL HAVE NON - CONNECTED TO AN APPROVED WATER SUPPLY (R306.4). ALARM SHALL BE PROVIDED OUTSIDE OF EACH SEPARATE DWELLING UNIT SLEEPING REMOVABLE HINGE PINS. HINGES SHALL HAVE MIN. 1/4" DIA. STEEL JAMB STUD WITH 1/4" • INDIVIDUAL DEDICATED CIRCUITS ARE REQUIRED FOR ALL MAJOR APPLIANCES. CEC AREA IN THE IMMEDIATE VICINITY OF THE BEDROOM(S) AND ON EVERY LEVEL OF A MIN. PROTECTION. THE STRIKE PLATE FOR LATCHES AND HOLDING DEVICE FOR 210.11(C)(1) & CEC 422.10(A) Required Water -Conserving BATHTUB AND SHOWER FLOORS, WALLS ABOVE BATHTUBS WITH A SHOWERHEAD, DWELLING UNIT INCLUDING BASEMENTS. (R315) PROJECTING DEAD BOLTS IN WOOD CONSTRUCTION SHALL BE SECURED TO THE JAMB • THE GARBAGE DISPOSAL CORD IS LIMITED TO A RANGE OF 18" TO 36" LONG. CEC Non -Compliant TYPE OF FIXTURE plumbing Fixture (max. rate) AND SHOWER COMPARTMENTS SHALL BE FINISHED WITH A NONABSORBENT AND THE WALL FRAMING WITH SCREWS NO LESS THAN 2-1/2" LONG. (91.6709.5, 6709.7) 422.16(B)(1) plumbing fixture CalGreen 4.303 SURFACE. SUCH WALL SURFACES SHALL EXTEND TO A HEIGHT OF NOT LESS THAN 6 • DISHWASHER CORD 36" TO 48" LONG. ROMEX INSTALLED WITH A PLUG IS NOT AN MORE THAN FEET ABOVE THE FLOOR (R307.2). 6. PROVIDE DEAD BOLTS WITH HARDENED INSERTS; DEADLOCKING LATCH WITH KEY- APPROVED FLEXIBLE CORD. CEC 422.16(B)(2). MEAN OF EGRESS OPERATED LOCKS ON EXTERIOR. DOORS MUST BE OPERABLE FROM THE INSIDE WATER CLOSET (TOILET) 1.6 GAL./ FLUSH 1.28 GALLONS / FLUSH PROVIDE ULTRA -LOW FLUSH WATER CLOSETS FOR ALL NEW CONSTRUCTION. WITHOUT A KEY, SPECIAL KNOWLEDGE, OR SPECIAL EFFORT (LATCH NOT REQUIRED IN • MINIMUM 15 AMP CIRCUIT FOR THE DISHWASHER AND A 15 AMP CIRCUIT FOR THE MORE THAN 0.125 GAL. / FLUSH FOR WALL EXISTING SHOWER HEADS AND TOILETS MUST BE ADAPTED FOR LOW WATER B, F, AND S OCCUPANCIES). (6709.2) DISPOSAL. CEC 210.23(A) CONSUMPTION. URINAL 1.0 GAL./ FLUSH MOUNT; 0.50 FOR OTHERS 7. STRAIGHT DEAD BOLTS SHALL HAVE A MIN. THROW OF 1" AND AN EMBEDMENT OF • IF USING A SPLIT OUTLET (2 CIRCUITS ON THE SAME YOLK) FOR UNIT SKYLIGHTS SHALL BE LABELED BY A LA CITY APPROVED LABELING AGENCY. PROVIDE EMERGENCY EGRESS FROM SLEEPING ROOMS. SHOW DETAILS ON PLANS. MINIMUM - 24" CLEAR HEIGHT,20" CLEAR WIDTH, 5.7 SF NOT LESS THAN 5/8", AND A HOOK -SHAPED OR AN EXPANDING -LUG DEADBOLT SHALL DISHWASHER/DISPOSAL, PROVIDE A LISTED HANDLE TIE AT THE 2 CIRCUIT BREAKERS SHOWER HEAD MORE THAN 2.0 GALLONS / MINUTE AT 80 PSI SUCH LABEL SHALL STATE THE APPROVED LABELING AGENCY NAME, HAVE A MINIMUM THROW OF 3/4". (6709.2) AT THE PANEL. CEC210.7(B) 2.5 GAL./ MINUTE PRODUCT DESIGNATION AND PERFORMANCE GRADE RATING. (RESEARCH REPORT MINIMUM AREA (5.0 SF ATGRADE LEVEL) & 44" MAXIMUM TO SILL. (R310.1) NOT REQUIRED). (R308 .6.9) PROVIDE 32" WIDE DOORS TO ALL INTERIOR 8. WOOD PANEL TYPE DOORS MUST HAVE PANELS AT LEAST 9/16 IN. THICK WITH • IC (DIRECT CONTACT) AND AT (AIR TIGHT) RATED CANS ARE REQUIRED FOR RECESSED FAUCET -BATHROOM MORE THAN 1.2 GALLONS / MINUTE AT 80 PSI SHAPED PORTIONS NOT LESS THAN 1/4 IN. THICK AND INDIVIDUAL PANELS MUST BE NO LIGHTING IF INSTALLED IN AN INSULATED CEILING. FOR OCCUPANCIES WITH A 2.2 GAL./ MINUTE WATER HEATER MUST BE STRAPPED TO WALL.(SEC. 507.3, LAPC) ACCESSIBLE ROOMS. (6304.1) MORE THAN 300 SQ. IN. IN AREA. MULLIONS SHALL BE CONSIDERED A PART OF HORIZONTAL (FLOOR/CEILING ASSEMBLY) RATED SEPARATION, THE RECESSED SHOW ON PLANS THE ENTRY/EXIT DOOR MUST OPEN OVER LANDING NOT MORE ADJACENT PANELS EXCEPT MULLIONS NOT OVER 18 INCHES LONG MAY HAVE AN FIXTURES SHALL BE PROTECTED TO THE RATING OF THE SEPARATION (1 HOUR) OR BE FAUCET -KITCHEN MORE THAN 2.2 GAL./ MINUTE 1.8 GALLONS / MINUTE AT 80 PSI FOR EXISTING POOL ON SITE, PROVIDE AN ALARM FOR DOORS TO THE DWELLING THAN 1.5" BELOW THE THRESHOLD. EXCEPTIONPROVING THE DOOR DOES NOT OVERALL WIDTH OF NOT LESS THAN 2 INCHES. STILES AND RAILS SHALL BE OF SOLID LISTED FOR THE REQUIRED PROTECTION. THIS GENERALLY APPLIES TO RESIDENTIAL THAT FORM A PART OFTHE POOL ENCLOSURE. THE ALARM SHALL SOUND SWING OVER THE LANDING. LANDING SHALL BE: NOT MORE THAN 7.75" BELOW THE LUMBER IN THICKNESS WITH OVERALL DIMENSIONS OF NOT LESS THAN 1 3/8 INCHES CONDOMINIUM CONSTRUCTION WHERE UNITS ARE ABOVE OR BELOW OTHER UNITS CONTINUOUSLY FOR A MIN. OF 30 SECONDS WHEN THE DOOR IS OPENED. IT SHALL AND 3 INCHES IN WIDTH. (91.6709.1 ITEM 2) [CEnC 150(K)1.C] AUTOMATICALLY RESET AND BE EQUIPPED WITH A MANUAL MEANS TO DEACTIVATE THRESHOLD. STORM AND SCREEN DOORS ARE PERMITTED TO SWING OVER ALL PLUMBING (FOR 15 SEES. MAX.) FOR A SINGLE OPENING. THE DEACTIVATION SWITCH SHALL BE EXTERIOR STAIRS AND LANDINGS. (R311.3.1) 9. SLIDING DOORS SHALL BE PROVIDED WITH A DEVICE IN THE UPPER CHANNEL OF THE MECHANICAL AT LEAST 54" ABOVE THE FLOOR. (61 09 OF LABC) MOVING PANEL TO PROHIBIT RAISING AND REMOVING OF THE MOVING PANEL IN THE • TOILET AND/OR BIDET REQUIRE A TOTAL MINIMUM 30" CLEAR SPACE (15" FROM CLOSED OR PARTIALLY OPEN POSITION. (6710) • A DUCTED RESIDENTIAL EXHAUST HOOD IS REQUIRED. A METAL, SMOOTH INTERIOR CENTERLINE TO EACH SIDE) AND A MINIMUM OF 24" CLEAR SPACE IN FRONT OF THE FOR EXISTING POOL ON SITE, PROVIDE ANT -(ENTRAPMENT COVER MEETING THE SURFACE DUCT REQUIRED ON VENT HOOD OR DOWN DRAFT EXHAUST VENT. FIXTURE. URINALS REQUIRE A TOTAL MINIMUM 24" CLEAR SPACE (12" FROM CURRENT ASTM OR ASME FOR THE SUCTION OUTLETS OF THE SWIMMING POOL 10. SLIDING GLASS DOORS PANELS SHALL BE CLOSED AND LOCKED WHEN SUBJECTED ALUMINUM FLEX DUCT NOT APPROVED. PROVIDE A BACK DRAFT DAMPER. CMC504.3. CENTERLINE TO EACH SIDE). [CPC 402.5] TO TO TODDLER POOL AND SPA FOR SINGLE FAMILY DWELLINGS PER ASSEMBLY BILL BUILDING ENVELOPE TO THE TESTS SPECIFIED IN SEC. 6717.112. • WHEN ADDITIONAL TOILETS (WATER CLOSETS) ARE INSTALLED, A MAXIMUM OF THREE N 29 (3162B) ' MINIMUM 30" VERTICAL CLEARANCE TO COMBUSTIBLES FROM COOK TOP SURFACE IS (3) TOILETS ARE ALLOWED ON A 3" WASTE LINE. [TABLE 703.2, FOOTNOTE 41 11. METAL OR WOODEN OVERHEAD OR SLIDING DOORS SHALL BE SECURED WITH A REQUIRED. [CMC 921.3.1] • PROVIDE SAFETY GLAZING (TEMPERED) GLASS FOR TUB/SHOWER ENCLOSURES & AUTOMATIC GARAGE DOOR OPENERS, IF PROVIDED, SHALL BE LISTED IN CYLINDER LOCK, PADLOCK WITH A MIN. 9/32" DIAMETER HARDENED STEEL SHACKLE DOORS. [CRC R308.4.51 ACCORDANCE WITH UL 325. (R309.4) PROVIDE A CLASS A, B OR CFIRE-RETARDANT ROOF COVERING PER SECTION R902.1 AND BOLTED, HARDENED STEEL HASPS, METAL SLIDE BOARD, BOLT OR EQUIVALENT DEVICE UNLESS SECURED ELECTRICALLY OPERATED. (6711) • KITCHEN LOCAL EXHAUST VENTILATION REQUIRES A MINIMUM RATE OF 100CFM • SHOWERS AND TUB -SHOWER COMBINATIONS SHALL BE PROVIDED WITH INDIVIDUAL MEETING THE REQUIREMENTS OF ASHRA 62.2. THIS INCLUDES A MAXIMUM SOUND CONTROL VALVES OF THE PRESSURE BALANCE, THERMOSTATIC, OR COMBINATION SMOKE DETECTORS SHALL BE PROVIDED FOR ALL DWELLING UNITS INTENDED FOR GLAZING IN THE FOLLOWING LOCATIONS SHALL BE SAFETY RATING OF 3 SONE @ 100CFM. PRESSURE BALANCE/THERMOSTATIC MIXING VALVE TYPE CONFORMING TO HUMAN OCCUPANCY, UPON THE OWNER'S APPLICATION FOR A PERMIT FOR 12. PROVIDE METAL GUIDES AT TOP AND BOTTOM OF METAL ACCORDION GRATE OR ASSE 1016 OR ASME A112.18.1/CSA B125.1. HANDLE POSITIONS SHALL BE ADJUSTED TO ALTERATIONS, REPAIRS, OR ADDITIONS, EXCEEDING ONE THOUSAND DOLLARS GLAZING CONFORMING TO THE HUMAN IMPACT LOADS OF GRILLE -TYPE DOORS AND CYLINDER LOCKS OR PADLOCKS. CYLINDER GUARDS HALL BE DELIVER A MAXIMUM MIXED WATER SETTING OF 120° F. [CPC 408.31 ($1 ,000). (R314.6.2) SECTION R308.3 (SEE EXCEPTIONS) (R308.4): INSTALLED ON ALL CYLINDER LOCKS WHENEVER THE CYLINDER PROJECTS BEYOND PLUMBING • THE HOT WATER VALVE SHALL BE INSTALLED ON THE LEFT SIDE WHERE TWO THE FACE OF THE DOOR OR IS OTHERWISE ACCESSIBLE TO GRIPPING TOOLS. (6712) SEPARATE HANDLES CONTROL ARE PROVIDED. [417.5] WHERE A PERMIT IS REQUIRED FOR ALTERATIONS, REPAIRS OR ADDITIONS A.- FIXED AND OPERABLE PANELS OF SWINGING. SLIDING AND BIFOLD DOOR • A GAS TEST IS REQUIRED ON PIPING MODIFICATIONS (10 PSI FOR 15 MINUTES). A • A MINIMUM 12"X12" ACCESS PANEL IS REQUIRED WHEN A SLIP JOINT P-TRAP WASTE & EXCEEDING ONE THOUSAND DOLLARS ($1 ,000), EXISTING DWELLINGS OR SLEEPING ASSEMBLIES. 14. GLAZED OPENINGS WITHIN 40" OF THE DOOR LOCK WHEN THE DOOR IS IN THE MAXIMUM 15 PSI GAUGE IS REQUIRED FOR THE GAS TEST. A LOWER GAS PRESSURE OVERFLOW IS PROVIDED FOR INSPECTION & REPAIR. [402.101 UNITS THAT HAVE ATTACHED GARAGES OR FUEL -BURNING APPLIANCES SHALL BE CLOSED POSITION, SHALL BE FULLY TEMPERED GLASS OR APPROVED BURGLARY TEST MAY BE PERFORMED WHEN USING A RECORDING TEST PROVIDED WITH A CARBON MONOXIDE ALARM IN ACCORDANCE WITH SECTION B.- GLAZING IN AN INDIVIDUAL FIXED OR OPERABLE PANEL ADJACENT TO A DOOR RESISTANT MATERIAL, OR SHALL BE PROTECTED BY METAL BARS, SCREENS OR GRILLS GAUGE PER SECTION 1214.3 OF THE CPC. [CPC 1213.3] R315.2. CARBON MONOXIDE ALARMS SHALL ONLY BE REQUIRED IN THE SPECIFIC WHERE THE NEAREST VERTICAL EDGE IS WITHIN A 24-INCH ARC OF THE DOOR IN A HAVING A MAXIMUM OPENING OF 2". THE PROVISIONS OF THIS TOILET / BIDETS DWELLING UNIT OR SLEEPING UNIT FOR WHICH THE PERMIT WAS OBTAINED. DOSED POSITION AND WHOSE BOTTOM EDGE IS LESS THAN 60 INCHES ABOVE THE SECTION SHALL NOT APPLY TO VIEW PORTS OR WINDOWS WHICH DO NOT EXCEED 2" IN • GAS LINES THAT RUN UNDER A SLAB SHALL RUN THROUGH AN APPROVED, VENTED, - THE WATER SUPPLY TO THE BIDET SHALL BE PROTECTED BY AN AIR GAP OR VACUUM (R315.2.2) FLOOR OR WALKING SURFACE. THEIR GREATEST DIMENSIONS. (6713) GAS TIGHT CONDUIT. [CPC1210.3.4] BREAKER. [410.2, 603.3.2,603.3.5, 603.3.6] - THE MAXIMUM HOT WATER TEMPERATURE DISCHARGING FROM THE BIDET SHALL BE EVERY SPACE INTENDED FOR HUMAN OCCUPANCY SHALL BE PROVIDED WITH C.-GLAZING IN AN INDIVIDUAL FIXED OR OPERABLE PANEL THAT MEETS ALL OF THE 15. LOUVERED WINDOWS SHALL BE PROTECTED BY METAL BARS OR GRILLS WITH • AN ACCESSIBLE SHUTOFF VALVE SHALL BE INSTALLED OUTSIDE EACH APPLIANCE AND 0 LIMITED TO 110 F BY A DEVICE THAT IS IN ACCORDANCE WITH ASSE 1070 OR NATURAL LIGHT BY MEANS OF EXTERIOR GLAZED OPENINGS IN ACCORDANCE WITH FOLLOWING CONDITIONS: OPENINGS THAT HAVE AT LEAST ONE DIMENSION OF 6" OR LESS, WHICH ARE AHEAD OF THE UNION CONNECTED THERETO AND IN ADDITION TO ANY VALVE ON THE CSA B125.3. WATER HEATER THERMOSTATS SHALL NOT BE CONSIDERED A CONTROL SECTION R303.1 OR SHALL BE PROVIDED WITH ARTIFICIAL LIGHT THAT IS ADEQUATE CONSTRUCTED TO PRECLUDE HUMAN ENTRY. (6715.3) APPLIANCE. [CPC 1210.11] FOR MEETING THIS PROVISION. [410.31 TO PROVIDE AN AVERAGE ILLUMINATION OF 6 FOOT-CANDLES OVER THE AREA OF 1) EXPOSED AREA OF AN INDIVIDUAL PANE THE ROOM AT A HEIGHT OF 30 INCHES ABOVE THE FLOOR LEVEL. (R303.1) GREATER THAN 9 SQUARE FEET. 16. OTHER OPENABLE WINDOWS SHALL BE PROVIDED WITH SUBSTANTIAL LOCKING • PROVIDE MAXIMUM 6-FT- LONG LISTED GAS FLEXIBLE CONNECTOR AND SHUT OFF TO SHOWER 2) BOTTOM EDGE LESS THAN 18 INCHES ABOVE THE FLOOR. DEVICES. IN B, F, M AND S OCCUPANCIES, SUCH DEVICES SHALL BE GLIDE BARS, BOLTS, FREESTANDING RANGE. [CPC 1212.3.1] - SHOWER STALLS SHALL HAVE A MINIMUM INTERIOR FINISHED AREA OF 1,024 SQ.-IN. A COPY OF THE EVALUATION REPORT AND/OR CONDITIONS OF LISTING SHALL BE 3) TOP EDGE GREATER THAN 36 INCHES ABOVE THE FLOOR. CROSS -BARS, AND/OR PADLOCKS WITH MINIMUM 9/32" HARDENED STEEL SHACKLES AND BE ABLE TO ENCOMPASS A 30" DIAMETER CIRCLE. [408.6] MADE AVAILABLE AT THE JOB SITE 4) ONE OR MORE WALKING SURFACES WITHIN 36 AND BOLTED, HARDENED STEEL HASPS. (6715.2) • A LISTED AIR GAP IS REQUIRED FOR THE DISHWASHER DRAIN. [CPC 807.3] - STALL SHOWER DOOR TO OPEN OUT WITH A MINIMUM 22" WIDE OPENING. [408.51 INCHES HORIZONTALLY OF THE GLAZING. - SITE BUILT SHOWER STALLS SHALL BE INSTALLED IN ACCORDANCE TO SECTION 408.7 HEATER SHALL BE CAPABLE OF MAINTAINING A MINIMUM ROOM TEMPERATURE OF 17. SLIDING WINDOWS SHALL BE PROVIDED WITH A DEVICE IN THE UPPER CHANNEL OF • THE MAXIMUM FLOW RATE OF KITCHEN FAUCETS SHALL NOT EXCEED 1.8 GALLONS - SHOWER STALLS AND BATHTUBS WITH SHOWER HEADS INSTALLED, SHALL HAVE 68°F AT A POINT 3 FEET ABOVE THE FLOOR AND 2 FEET FROM EXTERIOR WALLS IN D.- GLAZING IN RAILINGS. THE MOVING PANEL TO PROHIBIT RAISING AND REMOVING OF THE MOVING PANEL IN PER MINUTE AT 60 PSI. [CPC402.4] WALLS FINISHED WITH A NONABSORBENT SURFACE FOR A MINIMUM OF 6 FEET ABOVE ALL HABITABLE ROOMS AT THE DESIGN TEMPERATURE. (R303.9) THE CLOSED OR PARTIALLY OPEN POSITION. 6715.1 THE FLOOR. (CBC 1210 AND CRC R307.2) E.- GLAZING IN ENDOSURES FOR OR WALLS FACING HO TUBS. WHIRLPOOLS. SAUNAS, STEAM ROOMS. BATHTUBS AND SHOWERS WHERE THE BOTTOM EDGE OF THE GLAZING IS LESS THAN 60 INCHES MEASURED VERTICALLY ABOVE ANY STANDING OR 18. SLIDING WINDOWS SHALL BE EQUIPPED WITH LOCKING DEVICES AND SHALL BE SO CONSTRUCTED AND INSTALLED THAT THEY REMAIN INTACT AND ENGAGED WHEN ADDITIONAL NOTES ELECTRICAL WALKING SURFACE. SUBJECTED TO THE TESTS SPECIFIED IN SEC. 6717.2. • PROVIDE A 20-AMP GFCI PROTECTED RECEPTACLE WITHIN 36" OF THE OUTSIDE EDGE OF THE EACH BATHROOM SINK BASIN. [CEC 210.52(D)] F. GLAZING IN WALLS AND FENCES ADJACENT TO INDOOR AND OUTDOOR SWIMMING 19. ANY RELEASE FOR METAL BARS, GRILLS, GRATES OR SIMILAR DEVICES MECHANICAL - RECEPTACLE SHALL BE LOCATED ON A WALL OR PARTITION THAT IS ADJACENT TO FIRE RATED CONSTRUCTION POOLS, HOT TUBS AND SPAS WHERE THE BOTTOM EDGE OF THE GLAZING IS LESS CONSTRUCTED TO PRECLUDE HUMAN ENTRY THAT ARE INSTALLED SHALL BE LOCATED THE BASIN, ON THE COUNTERTOP, OR INSTALLED ON THE SIDE OR FACE OF THE -RESISTANCE THAN 60 INCHES ABOVE A WALKING SURFACE AND WITHIN 60 INCHES, MEASURED ON THE INSIDE OF THE ADJACENT ROOM AND AT LEAST 24 INCHES FROM THE CLOSEST CLOTHES DRYERS SHALL CONFORM TO THE FOLLOWING: BASIN CABINET NOT MORE THAN 12" BELOW THE TOP OF THE BASIN. HORIZONTALLY AND IN A STRAIGHT LINE, OF THE WATER'S EDGE. OPENING THROUGH SUCH METAL BARS, GRILLS, GRATES OR SIMILAR DEVICES THAT - ALL RECEPTACLES SHALL BE TAMPER -RESISTANT (TR). [406.12] EXCEEDS TWO INCHES IN ANY DIMENSION. (6715.4) a.- DUCTS SHALL NOT EXCEED A TOTAL COMBINED HORIZONTAL LENGTH OF 14 • A MINIMUM OF ONE 120-V/20-AMP BRANCH CIRCUIT IS REQUIRED FOR BATHROOM G. GLAZING WHERE THE BOTTOM EXPOSED EDGE OF THE GLAZING IS LESS THAN 36 FEET, INCLUDING TWO 90 DEGREE ELBOW UNLESS PERMITTED BY THE RECEPTACLE(S). SUCH CIRCUIT SHALL HAVE NO OTHER RECEPTACLES. [210.11(C)(3)] THROUGH PENETRATIONS OF FIRE -RESISTANCE -RATED WALL OR FLOOR ASSEMBLIES INCHES ABOVE THE PLANE OF THE ADJACENT WALKING SURFACE OF STAIRWAYS, 20. ALL OTHER OPENINGS MUST BE PROTECTED BY METAL BARS OR GRILLES WITH MANUFACTURE. • ALL 125-V, SINGLE-PHASE, 15- AND 20-AMP RECEPTACLES INSTALLED IN BATHROOMS SHALL COMPLY WITH SECTION R302.4.1.1 OR R302.4.1.2. (SEE DETAIL AT GN1.0) LANDINGS BETWEEN FLIGHTS OF STAIRS AND RAMPS. OPENINGS OF NOT LESS THAN 6 INCHES IN ONE DIMENSION. (6716.6) SHALL HAVE GFCI PROTECTION. THE GFCI SHALL BE INSTALLED IN A READILY MEMBRANE PENETRATIONS SHALL COMPLY WITH SECTION R302.4.1. WHERE WALLS H. GLAZING ADJACENT TO THE LANDING AT THE BOTTOM OF A STAIRWAY WHERE THE b.- MOISTURE EXHAUST DUCTS SHALL TERMINATE OUTSIDE THE BUILDING AND SHALL BE EQUIPPED WITH BACK DRAFT DAMPER. ACCESSIBLE LOCATION. [210.8] •RECEPTACLES SHALL NOT BE INSTALLED WITHIN OR DIRECTLY OVER A BATHTUB OR ARE REQUIRED TO HAVE A FIRE -RESISTANCE RATING, RECESSED FIXTURES SHALL BE GLAZING IS LESS THAN 36 INCHES ABOVE THE LANDING AND WITHIN 60 INCHES SHOWER STALL AND WITHIN 5-FT OF THE PERIMETER OF BATHTUBS OR SHOWER INSTALLED SO THAT THE REQUIRED FIRE -RESISTANCE RATING WILL NOT BE HORIZONTALLY OF THE BOTTOM TREAD. c.- THE TERMINATION OF THE EXHAUST DUCT SHALL HAVE A MINIMUM CLEARANCE STALLS. [406.9(C)] REDUCED. (R302.4.2) DAMPPROOFING, WHERE REQUIRED, SHALL BE INSTALLED WITH MATERIALS AND AS OF 3'FT. FROM OPENINGS INTO THE BUILDING. REQUIRED IN SECTION R406.1 Bathroom Lighting Requirements [CEnC 150.0(k)] • ALL INSTALLED LUMINAIRE (LIGHTING) SHALL BE HIGH EFFICACY IN ACCORDANCE VEHICULAR ACCESS DOORS SHALL COMPLY WITH SECTION R612.4. ELECTRICAL WITH TABLE 150.0-A. A MINIMUM OF ONE HIGH EFFICACY LUMINAIRE SHALL BE CONTROLLED BY A VACANCY SENSOR. 1.- RECEPTACLE OUTLETS SHALL BE INSTALLED IN ACCORDANCE WITH: SWITCHES SHALL NOT BE INSTALLED WITHIN TUBS OR SHOWER SPACES UNLESS SKYLIGHT AND SLOPED GLAZING SHALL COMPLY WITH SECTION R308.6 a.- AT LEAST ONE OUTLET ACCESSIBLE AT GRADE LEVEL AND NOT MORE THAN INSTALLED AS PART OF A LISTED TUB OR SHOWER ASSEMBLY AND WITHIN 5-FT OF 6-1/2-FT. ABOVE GRADE SHALL BE INSTALLED AT THE FRONT AND BACK OF THE THE PERIMETER OF BATHTUBS OR SHOWER STALLS. [CEC 404.4(C)] LOTS SHALL ,BE GRADED TO DRAIN SURFACE WATER AWAY FROM FOUNDATION DWELLING • ALL RECESSED LIGHTING SHALL BE "IC RATED AND AIRTIGHT CERTIFIED". WALLS WITH A MINIMUM FALL OF 6 INCHES WITHIN THE FIRST 10 FEET (R401 .3). [CENC150.0(K)C] 2.- ALL NEW 125-VOLT, SINGLE-PHASE, 15- AND 20-AMPERE RECEPTACLES SHALL HAVE • NO PENDANT LIGHTING SHALL BE LOCATED WITHIN A ZONE MEASURED 3-FT BUILDINGS SHALL HAVE APPROVED ADDRESS NUMBERS, BUILDING NUMBERS OR A GROUND -FAULT CIRCUIT -INTERRUPTER (GFCI OR GFI) PROTECTION WHEN HORIZONTALLY AND 8-FT VERTICALLY FROM THE TOP OF A BATHTUB RIM OR SHOWER APPROVED BUILDING IDENTIFICATION PLACED IN A POSITION THAT IS PLAINLY LEGIBLE INSTALLED IN THE FOLLOWING LOCATIONS: DISHWASHERS & OUTDOOR STALL THRESHOLD. [CEC 410.10(D)] AND VISIBLE FROM THE STREET OR ROAD FRONTING THE PROPERTY.(R319.1) (WEATHER -RESISTIVE, TOO) • LUMINAIRES LOCATED WITHIN THE ACTUAL OUTSIDE DIMENSIONS OF THE BATHTUB PROTECTION OF WOOD AND WOOD BASED PRODUCTS FROM DECAY SHALL BE 3.- ALL 120-VOLT, SINGLE-PHASE 15- AND 20-AMPERE BRANCH CIRCUITS SUPPLYING OR SHOWER TO A HEIGHT OF 8-FT VERTICALLY FROM THE TOP OF THE TUB RIM AND SHOWER THRESHOLD SHALL BE OF ENCLOSED & GASKETED TYPE LISTED FOR PROVIDED IN THE LOCATIONS SPECIFIED PER SECTION R317.1 BY THE USE OF NEW OUTLETS SHALL BE PROTECTED BY A LISTED ARC -FAULT CIRCUIT INTERRUPTER DAMP OR WET LOCATIONS AND BE GFCI PROTECTED. [550.14(D), 551.53(B)] NATURALLY DURABLE WOOD OR WOOD THAT IS PRESERVATIVE -TREATED IN (AFCI), COMBINATION -TYPE, INSTALLED TO PROVIDE PROTECTION OF THE BRANCH FOR OCCUPANCIES WITH A HORIZONTAL (FLOOR/CEILING ASSEMBLY) FIRE -RATED ACCORDANCE WITH AWPA U1 FOR THE SPECIES, PRODUCT, PRESERVATIVE AND END CIRCUIT WHEN INSTALLED IN THE SINGLE-FAMILY RESIDENCE (BATHROOMS & SEPARATION, THE RECESSED FIXTURES SHALL BE PROTECTED TO THE SAME RATING USE. PRESERVATIVES SHALL BE LISTED IN SECTION 4 OF AWPA U1 . GARAGES ARE EXCEPT) OF THE SEPARATION (1-HOUR) OR BE LISTED FOR THE REQUIRED FIRE PROTECTION. PROVIDE ANTI -GRAFFITI FINISH WITHIN THE FIRST 9 FEET, MEASURED FROM GRADE, 4.- RECEPTACLES, CORD CONNECTORS, AND ATTACHMENT PLUGS SHALL COMPLY WITH THIS GENERALLY APPLIES TO RESIDENTIAL CONDOMINIUM CONSTRUCTION WHERE UNITS ARE ABOVE OR BELOW OTHER UNITS. [CBC 714.4.2] AT EXTERIOR WALLS AND DOORS. THE FOLLOWING: a. ALL 125-VOLT, 15- AND 20-AMPERE RECEPTACLES IN DWELLINGS EXCEPTION: MAINTENANCE OF BUILDING AFFIDAVIT IS RECORDED BY THE OWNER TO SHALL BE LISTED TAMPER -RESISTANT Bathroom Exhaust s [CEnC 150.0(k)] COVENANT AND AGREE WITH THE CITY OF LOS ANGELES TO REMOVE ANY GRAFFITI • LOCAL EXHAUST SYSTEM SHALL BE INSTALLED IN A BATHROOM CONTAINING A TUB, WITHIN 7-DAYS OF THE GRAFFITI BEING APPLIED. (6306) 5.- EXHAUST FANS WITH INTEGRAL LIGHTING SYSTEM SHALL BE SWITCHES SEPARATELY SHOWER, SPA, OR SOME OTHER SIMILAR SOURCE OF MOISTURE AND VENTED TO THE FROM LIGHTING SYSTEM OR HAVE A LIGHTING SYSTEM THAT CAN BE MANUALLY OUTDOORS WITH A MINIMUM EXHAUST RATE OF 50 CFM (20 CFM IF CONTINUOUS TURNED ON AND OFF WHILE ALLOWING THE FAN TO CONTINUE TO OPERATE FOR AN OPERATION). A MAXIMUM OF 3 SONE RATING (1 FOR CONTINUOUS) IS REQUIRED FOR EXTENDED PERIOD OF TIME. THE (ENERGY STAR) EXHAUST FAN. FANS MUST BE CONTROLLED BY A HUMIDISTAT WHICH SHALL BE READILY ACCESSIBLE AND CAPABLE OF ADJUSTMENT BETWEEN A RELATIVE HUMIDITY RANGE OF 50% TO 80%. [CENC 150(0), ASHRAE STD. 62.2, ADDITIONAL NOTES 4.506.11 BA • BATTHHREEN ROOMS THAT ONLY HAVE A TOILET AND SINK DO NOT REQUIRE LOCAL EXHAUST IF THERE IS AN (MIN. 3-SQ-FT) OPERABLE WINDOW. [CRC R303.31 • EXHAUST DUCTS SHALL TERMINATE OUTSIDE THE BUILDING AND EQUIPPED WITH SMOKE ALARMS SHALL BE INSTALLED ON THE CEILING OR WALL (BETWEEN 4"± AND 12"± BACK -DRAFT DAMPERS. DAMPERS ARE NOT REQUIRED WHEN THE EXHAUST FAN OF THE CEILING) IN ALL SLEEPING ROOMS, EACH AREA/HALLWAY ADJACENT TO OPERATE CONTINUOUSLY. TERMINATION SHALL NOT BE LESS THAN 3-FT FROM A SLEEPING ROOMS, EACH STORY OF THE BUILDING, AND IN ANY BASEMENT.(CBC PROPERTY LINE, 10-FT FROM A FORCED AIR INLET, AND 3-FT FROM OPENINGS INTO 907.2.11, CRC 314) THE BUILDING. DUCTS SHALL NOT DISCHARGE ONTO A PUBLIC WALKWAY. [CMC 504.1,502.2.1] CARBON MONOXIDE (CO) ALARMS SHALL BE INSTALLED ON THE CEILING OR WALL (ABOVE THE DOOR HEADER) IN EACHAREA/HALLWAY ADJACENT TO SLEEPING ROOMS, ENERGY TITLE EACH OCCUPIABLE STORY, AND WITHIN A BEDROOM IF THE BEDROOM OR ATTACHED BATHROOM CONTAINS A FUEL -BURNING APPLIANCE. CO ALARMS ARE NOT REQUIRED • ALL ACCESSIBLE JOINTS, PENETRATIONS, AND OTHER OPENINGS IN THE BUILDING IF THERE IS NO FUEL BURNING APPLIANCE OR FIREPLACE IN THE HOUSE AND WHERE ENVELOPE ABOUT THE AREA OF WORK SHALL BE CAULKED, GASKETED, WEATHER THE GARAGE IS DETACHED FROM THE HOUSE..(CBC 907.2.11, CRC 315) STRIPPED, OR OTHERWISE SEALED. [110.7] 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio I REVISIONS I No. Description Date 1 Revision 1 09/01 /2023 UJ X C LU N LU J J -44 U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: GENERAL NOTES Project Number Date Drawn By Checked By Scale G*1 23-012 06/28/2024 J.F. N N Checker N O N O 00 N 35 EXISTING BUILDING PROPOSED BUILDING A LOT 7 LOT 7 w Z_ J w 0- 0 o_ PROPOSED BUILDING B LOT 6 - ALLEY - LOT 6 l 3; CALLE ESTADO EXISTING EAVE PROPOSED BUILDING C LOTE 5 C2'i SITE ELEVATION 1 /8'' = 1 I-0" LOT 5 1 PROPOSED SITE PLAN 1 /8II = 1 1-011 EXISTING BUILDING 101 (E) CURB TO REMAIN 102 (E) SIDEWALK TO REMAIN 103 (E) TREE TO REMAIN 104 LINE OF AWNING ABOVE LINE OF BALCONY ABOVE 105 106 NEW OUTDOOR RAILING AT SEATING AREA 107 NEW TRASH BIN 108 NEW 3YD DUMPSTER (6FT LONG, 3FT WIDE, 4FT HIGH (FRONT), & 5FT HIGH (BACK)) 109 NEW 6' HEIGHT BLOCK WALL 110 NEW 6' HEIGHT METAL GATE 111 NEW GREASE TRAP 112 NEW BUILDING SEWER LINE 113 NEW CONNECTION TO CITY SEWER LINE --1 1 4 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio 1 � REVISIONS No. I Description Date 1 Revision 1 09/01 /2023 3 Revision 3 03/27/2024 4 Revision 4 04/09/2024 LU x 0 an LU N � LU LU J a I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: SITE PLAN Project Number 23-012 Date 06/28/2024 co Drawn By J.F. N N Checked By Checker N O N 1-D O =100 04 Scale As indicated 36 N 00 ALLEY LOT 7 LOT 6 LOT 5 40'-6" 9'-6" 4'-6" 42'-6" T-0" 7'-6" 40'-6" '-0" PROPOSED STRUCTURE SETBACK SETBACK PROPOSED STRUCTURE SETBA K SETBACK PROPOSED STRUCTURE SETBACK P L= 50' P L= 50' P L= 50' CD = U M w U BUILDING ALLI 2-STORY i � O U) r- MIXED USE BUILDING o II 0 a 2,949 SQ.FT. o U m H :;t w U) o�0 7//z BUILDING B BUILDING C 2-STORY 2-STORY U O CV � MIXED USE BUILDING MIXED USE BUILDING 00 o 2,949 SQ.FT./ I I I / I I I I � IF- I I - Y - m F— It W IILL P L= 50' 41�P L= 50' EXISTING TREE TO REMAIN CALLE ESTADO ,949 SQ.FT. P L= 50' EXISTING TREE TO REMAIN PROPOSED LANDSCAPE & LIGHTING PLAN 1 /8" = 1'-0" L w U co 0 w 0 0 a HARDSCAPE & DECORATIVE ELEMENTS SYMBOL MATERIAL UNIT QTY. COLOR GRASS SQ. FT. 1,973 (BUFFALO LAWN) PERMEABLE NEW SQ. FT. 5,075 LIGHT CONCRETE PAVERS GRAY DECOMPOSED SQ. FT. 73 GRANITE CONCRETE SQ. FT. 137 PLAIN GRAY PLANT LEGEND BOTANICAL NAME SYMBOL ABBREV COMMON NAME QTY. HIGH SPREAD EXPOSURE IRRIGATION AGA ATTE AGAVE ATTENUATA "GHOST PER 1.5 5' SUN/SHADE LOW AGAV" PLAN WATER YUC ROS YUCCA ROSTRATA "SILVER PER 3' 3' FULL SUN LOW YUCCA" PLAN WATER ECHINOCACTUS PER LOW ECH GRU GRUSONII PLAN 2' 2' FULL SUN WATER "GOLDEN BARREL" LOPH LOPHOCEREUS MARGINATUS PER 12' 3" FULL SUN LOW MAR "MEXICAN PLAN WATER FENCEPOST CACTUS" LIGHTING LEGEND SYMBOL NAME BRAND MAN UF. TYPE MAX QTY. WATTAGE BLACK LOW VOLTAGE LED JOHN LOW 4 PER A60100-107 LANDSCAPE FLOOR LIGHT TIMBERLAND VOLTAGE WATTS PLAN LIGHT SPILLAGE RADIUS NOTES: 1. THE FINAL LANDSCAPE PLAN WILL BE COMPLIANT WITH THE CITY OF LA QUINTA WATER EFFICIENCY AND THE COACHELLA VALLEY WATER DISCTRIC'S LANDSCAPING AND IRRIGATION SYSTEM DESIGN ORDINANCE. 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio ■ dh REVISIONS No. Description Date 1 Revision 1 09/01 /2023 In UJ x C Q � LU LU LU J a I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: PROPOSED LANDSCAPE & LIGHTING PLAN Project Number 23-012 Date 06/28/2024 Drawn By Author N N Checked By Checker N O N 00 A=101 N Scale As indicated 37 Al A-3.3 (A2 A3 40' - 0" 2 5'-8" 9'-6" FIRE UP 0) CONTROI ROOM 55 SQ. FT. LOBBY 1 L _- N 190 SQ. FT. f I STORAGE 5'-4"===4'-2"=== 55 SQ. FT. I AB co N 0 80 N 0 N 7'- 6" $S; 56 SJIT 'o., AD \ STR zo 1 — E.F. 1'-6" ADAf RESTROPM o i 56 SQ. FT. ;;t _ E.F. io 3'-7" 7'-6" 04RIA9siY II /I II I /I 1 / "CAR 1 / I 1 I 1 I t o \ / GIARAPE 1 o 1 / 448 SQ. FT. I --------J------L—J TENANT SPACE 2 902 SQ. FT. 25'-7" NO"* TENANT SPACE 1 904 SQ. FT. 32' - 6" 60 N N 1 N I I I I I I I I I I I I I I I I I I I I � I I I LINE OF AWNING ABOVE I LINE OF 2'- 5" AWNING ABOVE I I I I �I I I II I I I I I I I I I I I I I I I 3 I NEW TRELLIS Al Al 0 0 1 NEW C HEIGHT NEW 6 HEIGHT BLOCK WALL BLOCK WALL bo 1 F_ 0 1 io NEW CONCRETE SLAB NEW CURB NEW CURB = vi� NEW CONCRETE _— FOOTI NG —L77 — CASECTION "A" 3/8'' = 1 I-011 llfllCC A A-2.1 Alr\A/ /I 1 Irl /"I IT Alr\AI Tflrl I I(` 0 REAK ELEVATION 4 1 /4" = 1 AIC\A/ AAAI AIC\A/TDCI I IC SIDE ELEVATION 3 1 /4" = 1'-0" A-2.1 A A-2.1 4 3YD DUMPSTER C HEIGHT CURB L-- METAL GATE (6FT LONG, 3FT WIDE, BLOCK WALL 4FT HIGH (FRONT), & MMJ 5FT HIGH (BACK)) DUMPSTER ENCLOSURE TYP. PLAN 2 1 /4" = 1 '-0'' PROPOSED FIRST FLOOR PLAN 1 /4'' = 1 '-0'' NOTES: 1. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTOR SHALL VERIFY, AND BE RESPONSIBLE FOR All DIMENSIONS AND CONDITIONS ON THE JOB. THE DESIGNER MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS OR CONDITIONS SHOWN ON THESE DRAWINGS. SHOP DRAWINGS MUST BE SUBMITTED TO THE DESIGNER FOR COMPLIANCE REVIEW BEFORE PROCEEDING WITH FABRICATION. 2. All DIMENSIONS ARE TO FINISH UNLESS NOTED OTHERWISE. 3. USE 2X6 STUDS ON PLUMBING WALLS {VERIFY LOCATIONS WITH DESIGNER) 4. DO NOT SCALE DRAWINGS. 5. PROVIDE ULTRA FLUSH WATER CLOSETS FOR All NEW CONSTRUCTION. EXISTING SHOWER HEADS AND TOILETS MUST BE ADAPTED FOR LOW WATER CONSUMPTION. 6. PROVIDE MIN. 6' HIGH NON -ABSORBENT WALL ADJACENT TO SHOWER AND APPROVED SHATTER RESISTANT MATERIALS FOR SHOWER ENCLOSURE. 7. SMOKE ALARMS SHALL BE LOCATED IN EACH SLEEPING ROOM & HALLWAY OR AREA GIVING ACCESS TO A SLEEPING ROOM, AND ON EACH STORY AND BASEMENT FOR DWELLINGS WITH MORE THAN ONE STORY. SMOKE ALARMS SHALL BE INTERCONNECTED SO THAT ACTUATION OF ONE ALARM WILL ACTIVATE All THE ALARMS WITHIN THE INDIVIDUAL DWELLING. 8. CARBON MONOXIDE ALARM: FOR BUILDINGS WITH FUEL -BURNING APPLIANCES AND/OR ATTACHED GARAGES, PROVIDE AN APPROVED CARBON MONOXIDE ALARM AT: A. OUTSIDE OF EACH SEPARATE SLEEPING AREA IN THE IMMEDIATE VICINITY OF THE BEDROOMS. B. ON EVERY LEVEL OF A DWELLING UNIT INCLUDING BASEMENTS C. PROVIDE A NOTE: CARBON MONOXIDE ALARM SHALL BE INTERCONNECTED HARDWIRED WITH BATTERY BACKUP. D. BATTERY CARBON MONOXIDE ALARM SEP. BE PERMITTED IN EXISTING DWELLING UNITS WHERE NO CONSTRUCTION IS TAKING PLACE. (VERIFY) 9. ELECTRICAL FIRE PLACE, MANUFACTURE: MODERN FLAMES (SEE SPECIFICATION SHEET AT GN-3) 10. INSTALLATION AND USE OF FIREPLACE SHALL BE IN ACCORDANCE WITH MANUFACTURER SPECIFICATIONS. 11. WOOD BURNING FIREPLACES AND OTHER WOOD BURNING DEVICES ARE PROHIBITED. KEYPLAN BUILDING B BUILDING C LEGEND: 2x STUDS D.F. No.2 @ 16" O.C. UNLESS OTHERWISE NOTED (SEE STRUCTURAL PLANS) 2x FURRING WALL INTERCONNECTED HARD -WIRED CARBON MONOXIDE ALARM WITH A BATTERY BACKUP. INTERCONNECTED PHOTOELECTRIC SMOKE ALARM. 110 V. / HARD WIRE W/ BATTERY BACKUP. AND BATTERY OPERATE FOR EXISTING LIVING AREA S.D. NOTE: SHALL BE INSTALLED NOT LESS THAT A 3 FT. HORIZONTAL DISTANCE FROM THE DOOR OR OPENING OF A BATHROOM THAT CONTAINS A BATHTUB OR SHOWER. EXHAUST FAN A.- EXHAUST FAN SHALL BE MINIMUM 50 CFM CAPABILITY. E.F. B.- EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE OG THE BUILDING. C.- EXHAUST FANS, NOT FUNCTIONING AS A COMPONENT OF A WHOLE HOUSE VENTILATION SYSTEM, MUST BE CONTROLLED BY A HUMIDISTAT WHICH SHALL BE READILY ACCESSIBLE. EXHAUST FAN WITH,5-AIR CHANGE PER HR. MIN. EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE E.F. OF THE BUILDING. 100 CFM INDICATES DIRECTION OF SLOPE INDICATES FLOOR DROP O WINDOW SYMBOL OX DOOR SYMBOL M.S. MOTION SENSOR 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio h a REVISIONS No. Description Date 1 Revision 1 09/01 /2023 3 Revision 3 03/27/2024 In UJ x 0 an LU N � LU LU J a I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: PROPOSED FIRST FLOOR PLAN - BUILDING A Project Number 23-012 Date 06/28/2024 LO Drawn By J.F. . N N Checked By Checker N O N 00 N Scale As indicated 38 N N N ao N w AG 111-01, D CLOSET N on jj.. 1 A-3.3 A2 A3 NOTES: 40' - 0" -----9'-4"----- 17'-3" UP BEDROOP ---- ------ -4' - 4 - - 5' - 0" ff i N JANITOR / STORAGE ROOM 45 SQ. FT. _- 9'-4" 18'-6" N FR ' 7'-1" 3'-5" 9'-5" 3'-3" 9'-0" O101 o 0 KITCHEN LO MASTER BATH N Q DINNING AREA c T 2'- 7" N MASTER UNIT 7 BEDROOM 947 SQ. FT. W co N LIVING ROOM U 17' - 10" 2'- 0" 12' - 10 MASTER BEDROOM 11'-7" FR I CHEN M 7'-5" 5'-8" N v INNIN LIVING AREA ROOM lV UNIT 2 922 SQ. FT. 15 -2 BATE W - Cn 0 Un C 35' - 0" BALCONY 4'-8" BEDROOM 13'-6" CLOSET (V 8'-10" CV N O LO M 1 A-3.0 00 AC 4'-7" 60 ;AGC PROPOSED SECOND FLOOR PLAN 1 /4'' = 1 '-0" 1. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTOR SHALL VERIFY, AND BE RESPONSIBLE FOR All DIMENSIONS AND CONDITIONS ON THE JOB. THE DESIGNER MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS OR CONDITIONS SHOWN ON THESE DRAWINGS. SHOP DRAWINGS MUST BE SUBMITTED TO THE DESIGNER FOR COMPLIANCE REVIEW BEFORE PROCEEDING WITH FABRICATION. 2. All DIMENSIONS ARE TO FINISH UNLESS NOTED OTHERWISE. 3. USE 2X6 STUDS ON PLUMBING WALLS {VERIFY LOCATIONS WITH DESIGNER) 4. DO NOT SCALE DRAWINGS. 5. PROVIDE ULTRA FLUSH WATER CLOSETS FOR All NEW CONSTRUCTION. EXISTING SHOWER HEADS AND TOILETS MUST BE ADAPTED FOR LOW WATER CONSUMPTION. 6. PROVIDE MIN. 6' HIGH NON -ABSORBENT WALL ADJACENT TO SHOWER AND APPROVED SHATTER RESISTANT MATERIALS FOR SHOWER ENCLOSURE. 7. SMOKE ALARMS SHALL BE LOCATED IN EACH SLEEPING ROOM & HALLWAY OR AREA GIVING ACCESS TO A SLEEPING ROOM, AND ON EACH STORY AND BASEMENT FOR DWELLINGS WITH MORE THAN ONE STORY. SMOKE ALARMS SHALL BE INTERCONNECTED SO THAT ACTUATION OF ONE ALARM WILL ACTIVATE All THE ALARMS WITHIN THE INDIVIDUAL DWELLING. 8. CARBON MONOXIDE ALARM: FOR BUILDINGS WITH FUEL -BURNING APPLIANCES AND/OR ATTACHED GARAGES, PROVIDE AN APPROVED CARBON MONOXIDE ALARM AT: A. OUTSIDE OF EACH SEPARATE SLEEPING AREA IN THE IMMEDIATE VICINITY OF THE BEDROOMS. B. ON EVERY LEVEL OF A DWELLING UNIT INCLUDING BASEMENTS C. PROVIDE A NOTE: CARBON MONOXIDE ALARM SHALL BE INTERCONNECTED HARDWIRED WITH BATTERY BACKUP. D. BATTERY CARBON MONOXIDE ALARM SEP. BE PERMITTED IN EXISTING DWELLING UNITS WHERE NO CONSTRUCTION IS TAKING PLACE. (VERIFY) 9. ELECTRICAL FIRE PLACE, MANUFACTURE: MODERN FLAMES (SEE SPECIFICATION SHEET AT GN-3) 10. INSTALLATION AND USE OF FIREPLACE SHALL BE IN ACCORDANCE WITH MANUFACTURER SPECIFICATIONS. 11. WOOD BURNING FIREPLACES AND OTHER WOOD BURNING DEVICES ARE PROHIBITED. KEYPLAN BUILDING B BUILDING C LEGEND: 2x STUDS D.F. No.2 @ 16" O.C. UNLESS OTHERWISE NOTED (SEE STRUCTURAL PLANS) 2x FURRING WALL INTERCONNECTED HARD -WIRED CARBON MONOXIDE ALARM WITH A BATTERY BACKUP. INTERCONNECTED PHOTOELECTRIC SMOKE ALARM. 110 V. / HARD WIRE W/ BATTERY BACKUP. AND BATTERY OPERATE FOR EXISTING LIVING AREA S.D. NOTE: SHALL BE INSTALLED NOT LESS THAT A 3 FT. HORIZONTAL DISTANCE FROM THE DOOR OR OPENING OF A BATHROOM THAT CONTAINS A BATHTUB OR SHOWER. EXHAUST FAN A.- EXHAUST FAN SHALL BE MINIMUM 50 CFM CAPABILITY. E.F. B.- EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE OG THE BUILDING. C.- EXHAUST FANS, NOT FUNCTIONING AS A COMPONENT OF A WHOLE HOUSE VENTILATION SYSTEM, MUST BE CONTROLLED BY A HUMIDISTAT WHICH SHALL BE READILY ACCESSIBLE. EXHAUST FAN WITH,5-AIR CHANGE PER HR. MIN. EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE E.F. OF THE BUILDING. 100 CFM INDICATES DIRECTION OF SLOPE INDICATES FLOOR DROP O WINDOW SYMBOL OX DOOR SYMBOL M.S. MOTION SENSOR 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio 11111 i REVISIONS No. Description Date 1 Revision 1 09/01 /2023 In UJ x 0 an LU N � LU LU J a I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 IIIIIIIIIIIIIIIEr— PLAN: PROPOSED SECOND FLOOR PLAN - BUILDING A Project Number 23-012 Date 06/28/2024 10 cn Drawn By J.F. N N Checked By Checker N O N At=22 co N A-3.0 Scale 1 /4" = 1'-0" 39 Al :1 w Q I?co J c M DIN BBQ AREA A-3.3 40'-0" ROOFTOP 1,639 SQ.FT. LU w Q SITTING AREA 3 ---------------------------------- F AREA FOR w SOLAR PANELS Q 480 SQ.FT. Q I I J Q FLAT ROOF AREA -J 33'-6" 7-2--"� A-3.0 5'-0" M N 0 LO 0 in 1 PROPOSED ROOF PLAN 1 NOTES: KEYPLAN BUILDING B BUILDING C LEGEND: 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio 1 a REVISIONS No. Description Date 1 Revision 1 09/01 /2023 In UJ x 0 an LU N � LU LU J a I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: PROPOSED ROOF PLAN - BUILDING A Project Number 23-012 Date 06/28/2024 10 Drawn By J.F. N N Checked By Checker N O N co AA=23 N Scale 1 /4" = 1 '-0" 40 <V N AM 00 N M1 92= B1) rB 2) rB"3 ------- 22'-5"——— — — — — — — I\ 1 / -CA 1 / / G�ARA E \ / 448 SQ. FT. \ / 11 I I 11 —J------J L --———— V ----JI LINE OF AWNING ABOVE I I I I I I I I LINE OF AWNING 2' - 5" ABOVE I I I TENANT SPACE 2 a' 902 SQ. FT. 00 N 25' - 7" 25' - 7" UP --4'-2"--- 5'-4„ LOBBY ----_--' 190 SQ. FT. _Ll �r II rl AM FIRE CONTROL ROOM 55 SQ. FT. STORAGE 55 SO. FT. 7'-6" -- DA /RESTROO 56 SQ. FT. .0 -3" E.F .- 1'-6' 1 56 SQ. FT. I E.F. ADA RESTROOM 8'-1" TENANT ' SPACE 1 904 SQ. FT. 0 32'-6" 3'-7" NOTES: B ^ 1. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTOR SHALL VERIFY, AND BE RESPONSIBLE FOR All DIMENSIONS AND CONDITIONS ON THE JOB. THE DESIGNER MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS OR CONDITIONS SHOWN ON THESE DRAWINGS. SHOP DRAWINGS MUST BE SUBMITTED TO THE DESIGNER FOR COMPLIANCE REVIEW BEFORE PROCEEDING WITH FABRICATION. 2. All DIMENSIONS ARE TO FINISH UNLESS NOTED OTHERWISE. 3. USE 2X6 STUDS ON PLUMBING WALLS {VERIFY LOCATIONS WITH DESIGNER) 4. DO NOT SCALE DRAWINGS. 5. PROVIDE ULTRA FLUSH WATER CLOSETS FOR All NEW CONSTRUCTION. EXISTING SHOWER HEADS AND TOILETS MUST BE ADAPTED FOR LOW WATER CONSUMPTION. 6. PROVIDE MIN. 6' HIGH NON -ABSORBENT WALL ADJACENT TO SHOWER AND APPROVED SHATTER RESISTANT MATERIALS FOR SHOWER ENCLOSURE. 7. SMOKE ALARMS SHALL BE LOCATED IN EACH SLEEPING ROOM & HALLWAY OR AREA N GIVING ACCESS TO A SLEEPING ROOM, AND ON EACH STORY AND BASEMENT FOR DWELLINGS WITH MORE THAN ONE STORY. SMOKE ALARMS SHALL BE INTERCONNECTED SO THAT ACTUATION OF ONE ALARM WILL ACTIVATE All THE ALARMS WITHIN THE INDIVIDUAL DWELLING. 8. CARBON MONOXIDE ALARM: FOR BUILDINGS WITH FUEL -BURNING APPLIANCES AND/OR ATTACHED GARAGES, PROVIDE AN APPROVED CARBON MONOXIDE ALARM AT: A. OUTSIDE OF EACH SEPARATE SLEEPING AREA IN THE IMMEDIATE VICINITY OF THE BEDROOMS. B. ON EVERY LEVEL OF A DWELLING UNIT INCLUDING BASEMENTS C. PROVIDE A NOTE: CARBON MONOXIDE ALARM SHALL BE INTERCONNECTED HARDWIRED WITH BATTERY BACKUP. D. BATTERY CARBON MONOXIDE ALARM SEP. BE PERMITTED IN EXISTING DWELLING UNITS WHERE NO CONSTRUCTION IS TAKING PLACE. (VERIFY) 9. ELECTRICAL FIRE PLACE, MANUFACTURE: MODERN FLAMES (SEE SPECIFICATION B B SHEET AT GN-3) 10. INSTALLATION AND USE OF FIREPLACE SHALL BE IN ACCORDANCE WITH MANUFACTURER SPECIFICATIONS. 11. WOOD BURNING FIREPLACES AND OTHER WOOD BURNING DEVICES ARE PROHIBITED. 00 N co 00 BF PROPOSED FIRST FLOOR PLAN B G 1 /4" = 1 '-0" KEYPLAN BUILDING C BUILDING A LEGEND: 2x STUDS D.F. No.2 @ 16" O.C. UNLESS OTHERWISE NOTED (SEE STRUCTURAL PLANS) 2x FURRING WALL INTERCONNECTED HARD -WIRED CARBON MONOXIDE ALARM WITH A BATTERY BACKUP. INTERCONNECTED PHOTOELECTRIC SMOKE ALARM. 110 V. / HARD WIRE W/ BATTERY BACKUP. AND BATTERY OPERATE FOR EXISTING LIVING AREA S.D. NOTE: SHALL BE INSTALLED NOT LESS THAT A 3 FT. HORIZONTAL DISTANCE FROM THE DOOR OR OPENING OF A BATHROOM THAT CONTAINS A BATHTUB OR SHOWER. EXHAUST FAN A.- EXHAUST FAN SHALL BE MINIMUM 50 CFM CAPABILITY. E.F. B.- EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE OG THE BUILDING. C.- EXHAUST FANS, NOT FUNCTIONING AS A COMPONENT OF A WHOLE HOUSE VENTILATION SYSTEM, MUST BE CONTROLLED BY A HUMIDISTAT WHICH SHALL BE READILY ACCESSIBLE. EXHAUST FAN WITH,5-AIR CHANGE PER HR. MIN. EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE E.F. OF THE BUILDING. 100 CFM INDICATES DIRECTION OF SLOPE INDICATES FLOOR DROP O WINDOW SYMBOL OX DOOR SYMBOL M.S. MOTION SENSOR 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio REVISIONS No. Description Date 1 Revision 1 09/01 /2023 I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: PROPOSED FIRST FLOOR PLAN - BUILDING B Project Number 23-012 Date 06/28/2024 c� Drawn By Author N N Checked By Checker N O N �o At=24 co N Scale 1 /4" = 1 '-0" 41 A-3.1 1 CO M 00 N N in N 1V 80 N B1 B2 B3 ao• - o. NOTES: 17'-3" JANITOR / STORAGE N ROOM 345 SQ. FT. gam MASTER BEDROOM 12' - 10" --� LIVING ROOM M N L15, 2„J L.I CLOSEI CV CV h C m 13'-6" 9'-4" 4EDROOM ---- -- -____---- io r==== T _____--_ CV i in CLOSET N � 60 BATH 00 FR 3'-3" 975" 3'-5" 7'-0" KITCHEN CV o DINNING AREA 2'-7" UNIT 1 947 SQ. FT. W VN O U LIVING ROOM =1 7 2'-0" 17'-10" BEDROOM INNIN Illy\ AREA 00 0 o °0 KITCHEN UNIT 922 SQ. FT. T 5'-8" 7'-5" - BALCONY N G BATH H O i J U 2'-0" O 'E H MASTER BEDROOM ,jam CV 60 N - 1 PROPOSED SECOND FLOOR PLAN ­ B G 1 /4" = 1 '-0" 1. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTOR SHALL VERIFY, AND BE RESPONSIBLE FOR All DIMENSIONS AND CONDITIONS ON THE JOB. THE DESIGNER MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS OR CONDITIONS SHOWN ON THESE DRAWINGS. SHOP DRAWINGS MUST BE SUBMITTED TO THE DESIGNER FOR COMPLIANCE REVIEW BEFORE PROCEEDING WITH FABRICATION. 2. All DIMENSIONS ARE TO FINISH UNLESS NOTED OTHERWISE. 3. USE 2X6 STUDS ON PLUMBING WALLS {VERIFY LOCATIONS WITH DESIGNER) 4. DO NOT SCALE DRAWINGS. 5. PROVIDE ULTRA FLUSH WATER CLOSETS FOR All NEW CONSTRUCTION. EXISTING SHOWER HEADS AND TOILETS MUST BE ADAPTED FOR LOW WATER CONSUMPTION. 6. PROVIDE MIN. 6' HIGH NON -ABSORBENT WALL ADJACENT TO SHOWER AND APPROVED SHATTER RESISTANT MATERIALS FOR SHOWER ENCLOSURE. 7. SMOKE ALARMS SHALL BE LOCATED IN EACH SLEEPING ROOM & HALLWAY OR AREA GIVING ACCESS TO A SLEEPING ROOM, AND ON EACH STORY AND BASEMENT FOR DWELLINGS WITH MORE THAN ONE STORY. SMOKE ALARMS SHALL BE INTERCONNECTED SO THAT ACTUATION OF ONE ALARM WILL ACTIVATE All THE ALARMS WITHIN THE INDIVIDUAL DWELLING. 8. CARBON MONOXIDE ALARM: FOR BUILDINGS WITH FUEL -BURNING APPLIANCES AND/OR ATTACHED GARAGES, PROVIDE AN APPROVED CARBON MONOXIDE ALARM AT: A. OUTSIDE OF EACH SEPARATE SLEEPING AREA IN THE IMMEDIATE VICINITY OF THE BEDROOMS. B. ON EVERY LEVEL OF A DWELLING UNIT INCLUDING BASEMENTS C. PROVIDE A NOTE: CARBON MONOXIDE ALARM SHALL BE INTERCONNECTED HARDWIRED WITH BATTERY BACKUP. D. BATTERY CARBON MONOXIDE ALARM SEP. BE PERMITTED IN EXISTING DWELLING UNITS WHERE NO CONSTRUCTION IS TAKING PLACE. (VERIFY) 9. ELECTRICAL FIRE PLACE, MANUFACTURE: MODERN FLAMES (SEE SPECIFICATION SHEET AT GN-3) 10. INSTALLATION AND USE OF FIREPLACE SHALL BE IN ACCORDANCE WITH MANUFACTURER SPECIFICATIONS. 11. WOOD BURNING FIREPLACES AND OTHER WOOD BURNING DEVICES ARE PROHIBITED. KEYPLAN BUILDING C BUILDING A LEGEND: 2x STUDS D.F. No.2 @ 16" O.C. UNLESS OTHERWISE NOTED (SEE STRUCTURAL PLANS) 2x FURRING WALL INTERCONNECTED HARD -WIRED CARBON MONOXIDE ALARM WITH A BATTERY BACKUP. INTERCONNECTED PHOTOELECTRIC SMOKE ALARM. 110 V. / HARD WIRE W/ BATTERY BACKUP. AND BATTERY OPERATE FOR EXISTING LIVING AREA S.D. NOTE: SHALL BE INSTALLED NOT LESS THAT A 3 FT. HORIZONTAL DISTANCE FROM THE DOOR OR OPENING OF A BATHROOM THAT CONTAINS A BATHTUB OR SHOWER. EXHAUST FAN A.- EXHAUST FAN SHALL BE MINIMUM 50 CFM CAPABILITY. E.F. B.- EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE OG THE BUILDING. C.- EXHAUST FANS, NOT FUNCTIONING AS A COMPONENT OF A WHOLE HOUSE VENTILATION SYSTEM, MUST BE CONTROLLED BY A HUMIDISTAT WHICH SHALL BE READILY ACCESSIBLE. EXHAUST FAN WITH,5-AIR CHANGE PER HR. MIN. EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE E.F. OF THE BUILDING. 100 CFM INDICATES DIRECTION OF SLOPE INDICATES FLOOR DROP O WINDOW SYMBOL OX DOOR SYMBOL M.S. MOTION SENSOR 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio REVISIONS No. Description Date 1 Revision 1 09/01 /2023 I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 IIIIIIIIIIIIIIIEr— PLAN: PROPOSED SECOND FLOOR PLAN - BUILDING B Project Number 23-012 Date 06/28/2024 r\ c� Drawn By Author N N Checked By Checker N O N 1-0 A=25 co N Scale 1 /4" = 1 '-0" 42 BA �- BB � ■i i MINNOW IIIIIINIIIIII w CL Q J J Q i C: 5'-0" w CL Q Q J Q i ROOFTOP 1,639 SQ.FT. DIN SITTING AREA BBQ AREA 0 in ti M w , M AREA FOR SOLAR PANELS 480 SQ.FT. Q FLAT ROOF AREA J WALL PARAPET 33'-6" 7'_2" PROPOSED ROOF PLAN I 1 /4" = 1 '-0" NOTES: KEYPLAN BUILDING C BUILDING A LEGEND: 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio 1 � REVISIONS No. Description Date 1 Revision 1 09/01 /2023 I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: PROPOSED ROOF PLAN - BUILDING B Project Number 23-012 Date 06/28/2024 c� Drawn By Author N N Checked By Checker A=26 Scale 1 /4" = 1 '-0" 43 CA W C? a0 A-3.2 1 1 , CD CF C1 C2 C3 NOTES: 40' - 0" —— — — — — — — 22'-5"--------- II 1 / CA GI 1 / ARA E 1 / 1 / I N \ / 448 SQ. FT. \ / 11 11 33'-8" TENANT SPACE 2 902 SO. FT. Oo N N II 25' - 11 " LINE OF AWNING ABOVE 0 M F_ I I I I I I I I LINE OF AWNING 2'-9" 25'-7" ABOVE I I I o I 1 N TENANT ' SPACE 1 N 1 904 SQ. FT. I I I I I I I I I I I I I 32' - 6" I I I 2 A-3.2 9'-6" UP --�'-2"-- 5'-4„ -'iI LOBBY 190 SQ. FT. -- L ---------- r L -T 5'-8" FIRE CONTROL ROOM 55 SQ. FT. STORAGE 55 SQ. FT. 7'-6" ),, — ADS RESTRC 56 SQ. FT. 6, _ 0' 3'- 3" E.F.— E. F. 56 SQ. FT. p /ADA RESTROO" 8'-1" 3'-7" G'A 1. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTOR SHALL VERIFY, AND BE RESPONSIBLE FOR All DIMENSIONS AND CONDITIONS ON THE JOB. THE DESIGNER MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS OR CONDITIONS SHOWN ON THESE DRAWINGS. SHOP DRAWINGS MUST BE SUBMITTED TO THE DESIGNER FOR COMPLIANCE REVIEW BEFORE PROCEEDING WITH FABRICATION. 2. All DIMENSIONS ARE TO FINISH UNLESS NOTED OTHERWISE. 3. USE 2X6 STUDS ON PLUMBING WALLS {VERIFY LOCATIONS WITH DESIGNER) 4. DO NOT SCALE DRAWINGS. 5. PROVIDE ULTRA FLUSH WATER CLOSETS FOR All NEW CONSTRUCTION. EXISTING SHOWER HEADS AND TOILETS MUST BE ADAPTED FOR LOW WATER CONSUMPTION. 6. PROVIDE MIN. 6' HIGH NON -ABSORBENT WALL ADJACENT TO SHOWER AND APPROVED SHATTER RESISTANT MATERIALS FOR SHOWER ENCLOSURE. 7. SMOKE ALARMS SHALL BE LOCATED IN EACH SLEEPING ROOM & HALLWAY OR AREA GIVING ACCESS TO A SLEEPING ROOM, AND ON EACH STORY AND BASEMENT FOR N DWELLINGS WITH MORE THAN ONE STORY. SMOKE ALARMS SHALL BE INTERCONNECTED SO THAT ACTUATION OF ONE ALARM WILL ACTIVATE All THE ALARMS WITHIN THE INDIVIDUAL DWELLING. 8. CARBON MONOXIDE ALARM: FOR BUILDINGS WITH FUEL -BURNING APPLIANCES AND/OR ATTACHED GARAGES, PROVIDE AN APPROVED CARBON MONOXIDE ALARM AT: A. OUTSIDE OF EACH SEPARATE SLEEPING AREA IN THE IMMEDIATE VICINITY OF THE BEDROOMS. B. ON EVERY LEVEL OF A DWELLING UNIT INCLUDING BASEMENTS C. PROVIDE A NOTE: CARBON MONOXIDE ALARM SHALL BE INTERCONNECTED HARDWIRED WITH BATTERY BACKUP. D. BATTERY CARBON MONOXIDE ALARM SEP. BE PERMITTED IN EXISTING DWELLING UNITS WHERE NO CONSTRUCTION IS TAKING PLACE. (VERIFY) 9. ELECTRICAL FIRE PLACE, MANUFACTURE: MODERN FLAMES (SEE SPECIFICATION CB SHEET AT GN-3) 10. INSTALLATION AND USE OF FIREPLACE SHALL BE IN ACCORDANCE WITH MANUFACTURER SPECIFICATIONS. 11. WOOD BURNING FIREPLACES AND OTHER WOOD BURNING DEVICES ARE PROHIBITED. 00 N 0 00 CV 1 PROPOSED FIRST FLOOR PLAN C G KEYPLAN BUILDING A BUILDING B LEGEND: 2x STUDS D.F. No.2 @ 16" O.C. UNLESS OTHERWISE NOTED (SEE STRUCTURAL PLANS) 2x FURRING WALL INTERCONNECTED HARD -WIRED CARBON MONOXIDE ALARM WITH A BATTERY BACKUP. INTERCONNECTED PHOTOELECTRIC SMOKE ALARM. 110 V. / HARD WIRE W/ BATTERY BACKUP. AND BATTERY OPERATE FOR EXISTING LIVING AREA S.D. NOTE: SHALL BE INSTALLED NOT LESS THAT A 3 FT. HORIZONTAL DISTANCE FROM THE DOOR OR OPENING OF A BATHROOM THAT CONTAINS A BATHTUB OR SHOWER. EXHAUST FAN A.- EXHAUST FAN SHALL BE MINIMUM 50 CFM CAPABILITY. E.F. B.- EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE OG THE BUILDING. C.- EXHAUST FANS, NOT FUNCTIONING AS A COMPONENT OF A WHOLE HOUSE VENTILATION SYSTEM, MUST BE CONTROLLED BY A HUMIDISTAT WHICH SHALL BE READILY ACCESSIBLE. EXHAUST FAN WITH,5-AIR CHANGE PER HR. MIN. EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE E.F. OF THE BUILDING. 100 CFM INDICATES DIRECTION OF SLOPE INDICATES FLOOR DROP O WINDOW SYMBOL OX DOOR SYMBOL M.S. MOTION SENSOR 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio h a REVISIONS No. Description Date 1 Revision 1 09/01 /2023 UJ x 0 an LU N � LU LU J a I6�1 JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: PROPOSED FIRST FLOOR PLAN - BUILDING C Project Number 23-012 Date 06/28/2024 M M Drawn By Author N N Checked By Checker N O N co t4=27 N Scale 1 /4" = 1'-0" 44 N N N C1 C2 C3 40'-0" NOTES: 17'-3" 9'-4" 5'-0" --4'-4"- - JANITOR / STORAGE ROOM - - - - —� I N 345 SO. FT. - - - - - - � I I L-------- I I -4 I I -_____- _ 18'-3" 9'-4" �_____- _ N co 3'-3" M MASTER BEDROOM 12' - 1 LIVING ROOM N LI 15, 2„ I? CLOSET fV BEDROOM 13'-6" 2' 11'-0" istDROOM ' FR 9'-5" N i DINNING AREA 2'-7" n O J U - 0" FIR 1INNIN AREA \ O O KITCHEN O UNIT 2 922 SQ. FT. 5'-8" 7'-5" O 0, BATH 5'-0" 2'-0" 14'-1" �/ 5'_7" 2'_7" 34' - 4" BALCONY MASTER BEDROOM 11'-7" 11' - 10" O O M o' 9 co BATH 00 17' - 10" 3'_6" KITCHEN 7'_0" O l i UNIT 1 " 947 SQ. FT. LIVING ROOM 1� N i" N 1. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTOR SHALL VERIFY, AND BE RESPONSIBLE FOR All CA DIMENSIONS AND CONDITIONS ON THE JOB. THE DESIGNER MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS OR CONDITIONS SHOWN ON THESE DRAWINGS. SHOP DRAWINGS MUST BE SUBMITTED TO THE DESIGNER FOR COMPLIANCE REVIEW BEFORE PROCEEDING WITH FABRICATION. 2. All DIMENSIONS ARE TO FINISH UNLESS NOTED OTHERWISE. 3. USE 2X6 STUDS ON PLUMBING WALLS {VERIFY LOCATIONS WITH DESIGNER) 4. DO NOT SCALE DRAWINGS. 5. PROVIDE ULTRA FLUSH WATER CLOSETS FOR All NEW CONSTRUCTION. EXISTING SHOWER HEADS AND TOILETS MUST BE ADAPTED FOR LOW WATER CONSUMPTION. 6. PROVIDE MIN. 6' HIGH NON -ABSORBENT WALL ADJACENT TO SHOWER AND APPROVED SHATTER RESISTANT MATERIALS FOR SHOWER ENCLOSURE. 7. SMOKE ALARMS SHALL BE LOCATED IN EACH SLEEPING ROOM & HALLWAY OR AREA GIVING ACCESS TO A SLEEPING ROOM, AND ON EACH STORY AND BASEMENT FOR DWELLINGS WITH MORE THAN ONE STORY. SMOKE ALARMS SHALL BE INTERCONNECTED SO THAT ACTUATION OF ONE ALARM WILL ACTIVATE All THE ALARMS WITHIN THE INDIVIDUAL DWELLING. 8. CARBON MONOXIDE ALARM: FOR BUILDINGS WITH FUEL -BURNING APPLIANCES AND/OR ATTACHED GARAGES, PROVIDE AN APPROVED CARBON MONOXIDE ALARM AT: A. OUTSIDE OF EACH SEPARATE SLEEPING AREA IN THE IMMEDIATE VICINITY OF THE BEDROOMS. B. ON EVERY LEVEL OF A DWELLING UNIT INCLUDING BASEMENTS C. PROVIDE A NOTE: CARBON MONOXIDE ALARM SHALL BE INTERCONNECTED HARDWIRED WITH BATTERY BACKUP. D. BATTERY CARBON MONOXIDE ALARM SEP. BE PERMITTED IN EXISTING DWELLING UNITS WHERE NO CONSTRUCTION IS TAKING PLACE. (VERIFY) 9. ELECTRICAL FIRE PLACE, MANUFACTURE: MODERN FLAMES (SEE SPECIFICATION SHEET AT GN-3) 10. INSTALLATION AND USE OF FIREPLACE SHALL BE IN ACCORDANCE WITH MANUFACTURER SPECIFICATIONS. 11. WOOD BURNING FIREPLACES AND OTHER WOOD BURNING DEVICES ARE PROHIBITED. 1 PROPOSED SECOND FLOOR PLAN KEYPLAN BUILDING A BUILDING B LEGEND: 2x STUDS D.F. No.2 @ 16" O.C. UNLESS OTHERWISE NOTED (SEE STRUCTURAL PLANS) 2x FURRING WALL INTERCONNECTED HARD -WIRED CARBON MONOXIDE ALARM WITH A BATTERY BACKUP. INTERCONNECTED PHOTOELECTRIC SMOKE ALARM. 110 V. / HARD WIRE W/ BATTERY BACKUP. AND BATTERY OPERATE FOR EXISTING LIVING AREA S.D. NOTE: SHALL BE INSTALLED NOT LESS THAT A 3 FT. HORIZONTAL DISTANCE FROM THE DOOR OR OPENING OF A BATHROOM THAT CONTAINS A BATHTUB OR SHOWER. EXHAUST FAN A.- EXHAUST FAN SHALL BE MINIMUM 50 CFM CAPABILITY. E.F. B.- EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE OG THE BUILDING. C.- EXHAUST FANS, NOT FUNCTIONING AS A COMPONENT OF A WHOLE HOUSE VENTILATION SYSTEM, MUST BE CONTROLLED BY A HUMIDISTAT WHICH SHALL BE READILY ACCESSIBLE. EXHAUST FAN WITH,5-AIR CHANGE PER HR. MIN. EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE TO THE OUTSIDE E.F. OF THE BUILDING. 100 CFM INDICATES DIRECTION OF SLOPE INDICATES FLOOR DROP O WINDOW SYMBOL OX DOOR SYMBOL M.S. MOTION SENSOR 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio REVISIONS No. Description Date 1 Revision 1 09/01 /2023 I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 IIIIIIIIIIIIIIIEr— PLAN: PROPOSED SECOND FLOOR PLAN - BUILDING C Project Number 23-012 Date 06/28/2024 00 M Drawn By Author N N Checked By Checker N O N X28 00 N Scale 1 /4" = 1 '-0" 45 N M LO C1 C2 C3 40'-0" Lu w Q I J Q i N 5'-0" I I I I I I w rV Q Q I J I Q I I I I I I I I I I I SITTING AREA ROOFTOP 1,639 SQ.FT. 33' - 6" BBQ AREA AREA FOR SOLAR PANELS 480 SQ.FT. M w IL � M FLAT ROOF AREA Q J Q PROPOSED ROOF PLAN 1 1 /4" = 1 '-0" NOTES: IKEYPLAN BUILDING A BUILDING B LEGEND: 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio 1 � REVISIONS No. Description Date 1 Revision 1 09/01 /2023 In UJ x 0 an LU N � LU LU J a I� U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: PROPOSED ROOF PLAN - BUILDING C JIIIIIIIIII Project Number 23-012 Date 06/28/2024 A M Drawn By Author N N Checked By Checker A=29 N O 1-0 O co N Scale 1 /4" = 1 '-0" 46 Al A2 A3 KEYNOTES: 40' - 0" 35'-0" 5'-0" TOP OF PARAPET 31'-6" M TOP OF ROOF 27'-9" 2ND F. CEILING —23' 8" 300 - 300 M (V � 302 io M RETAIL2ND F. FLOOR 12'-6" 304 1ST F. CEILING 11 0 STOREFRONT AL 9'-oil 1 - ' o 1ST F. FLOOR L o'_o„ 1 303 2 EXTERIOR NORTH ELEVATION - BUILDING A 1 /4'' = 1 '-0" AG AE AB AA 83'-6" 7' - 8" 53' - 6" 22' - 4" TOP OF PARAPET 31'--6" I M yTOP OF ROOF 27'-9" I 2ND F. CEILING_ 23 811 5 300 r L. x r 300 OPEN TO HALLWAY M 4. 2ND F. FLOOR IF v12'-6" 1ST F. CEILING 11'-0" STOREFRONT 9' - off L 1 ST F. FLOOR 0' 0" 301 304 303 303 1 EXTERIOR WEST ELEVATION -BUILDING A 1 1 /4" = 1 '-0" 300 NEW 7/8" EXTERIOR WHITE SMOOTH STUCCO 301 NEW EXTERIOR CLADDING, COLOR: SPRUCE 302 NEW EXTERIOR RAILING, 4" SPHERE SHALL NOT PASS 303 NEW STOREFRONT 304 NEW BLUE TILE 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio 1 REVISIONS No. In UJ Description Date 1 Revision 1 09/01 /2023 0 0 a N LU LU U LU N JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK /JOB NO. SDP 2022-0013 PLAN: EXTERIOR ELEVATIONS - BUILDING A Project Number 23-012 Date Drawn By Checked By Scale O6/28/2024 J.F. N N Checker N 0 N O 1 00 A&3 0 N 47 131 B2 B3 KEYNOTES: 40' - 0" 5'-0" 35'-0" TOP OF PARAPET �1'-6" M �� TOP OF ROOF 27'-9" ?ND F. CEILING _ 23'-8" 300 300 M [. I E (V C Dili 302 io M 2ND F. FLOOR RETAIL �2'-6" 1ST F. CEILING _ _ 304 11'-0" STOREFRONT 9'-0il r FLOOR 303 2 EXTERIOR NORTH ELEVATION - BUILDING B 1 /4'' = 1 '-0" BAIBB BE BG 83'-6" 22'-4" 53'-6" 7'-8" � I TOP OF PARAPET 31' _ 6" �I M TOP OF ROOF 27'-9" I 4 2ND F. CEILING — — — — 23' - 811 300 5i f" M '. r' 300 OPEN TO - HALLWAY N io 5 r M 2ND F. FLOOR 12'-6" 1ST F. CEILING 0 11'-0„ J STOREFRONT 9'-0ff 1 F1 L 1 - r r _ 1 ST F. FLOOR 0'-0" 303 303 304 301 1 EXTERIOR EAST ELEVATION - BUILDING B 1 /4" = 1 '-0" 300 NEW 7/8" EXTERIOR WHITE SMOOTH STUCCO 301 NEW EXTERIOR CLADDING, COLOR: SPRUCE 302 NEW EXTERIOR RAILING, 4" SPHERE SHALL NOT PASS 303 NEW STOREFRONT 304 NEW BLUE TILE 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio REVISIONS No. In UJ Description Date 1 Revision 1 09/01 /2023 0 0 a N LU LU LU N JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK /JOB NO. SDP 2022-0013 PLAN: EXTERIOR ELEVATIONS - BUILDING B Project Number 23-012 Date Drawn By Checked By At=301 Scale O6/28/2024 LO Author N N Checker N O N O 1 00 N 48 CA L 21' - 4" TOP OF PARAPET 31l_-6" 1 TOP OF ROOF 27'-9" ,�7k 2ND F. CEILING_ 23'-8" � ti 2ND F. FLOOR 6" � 1ST F. CEILING 11'-0-0" jk STOREFRONT 111L)991-oil 1ST F. FLOOR_ «0, -Oil w Cl) (C2 40'-0" 5'-0" 35'-0" 82' - 6" 53'-6" C3 EXTERIOR NORTH ELEVATION - BUILDING C 1 /4'' = 1 '-0" CE 7'-8" CG EXTERIOR EAST ELEVATION - BUILDING C 1 /4'' = 1 '-0" 300 NEW 7/8" EXTERIOR WHITE SMOOTH STUCCO 301 NEW EXTERIOR CLADDING, COLOR: SPRUCE 302 NEW EXTERIOR RAILING, 4" SPHERE SHALL NOT PASS 303 NEW STOREFRONT 304 NEW BLUE TILE TOP OF PARAPET L '� 31 ' - 6" ,AF TOP OF ROOF 27'-9" 2ND F. CEILING 23'-8" 2ND F. FLOOR 12'-6" _ 1ST F. CEILING 11'-0" STOREFRONTAIL 9'-0ff 1 _ 1ST F. FLOOR � 0' -oil 1 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio REVISIONS No. Description Date 1 Revision 1 09/01 /2023 LU N LU LU J -44 U JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: EXTERIOR ELEVATIONS - BUILDING C Project Number 23-012 Date 06/28/2024 Drawn By Author N N Checked By Checker N 0 N co At=3n2 N Scale 1 /4" = 1 '-0" 49 m 7'-8„ A'3A A3 Al 40' - 0" TOP OF PARAPET 31'--6" TOP OF ROOF 27'-9" 2ND F. FLOOR 12'--6" 1ST F. FLOOR 0'-0" 1 EXTERIOR SOUTH ELEVATION @ BUILDINGS A,B & C 1 /4'' = 1 '-0" 83'-6" 75' - 10" NOTE: THIS ELEVATION BELONGS TO THE EAST SIDE OF BUILDING A. EXTERIOR WEST ELEVATION @ BUILDING B 1 /4" = 1 '-0" BA TOP OF PARAPET 31'-6" TOP OF ROOF 27'-9" 2ND F. CEILING 23'-8" L 2ND F. FLOOR 12'-6" 1 ST F. FLOOR 0'-0" 250 S Pasadena Ave. Pasadena, CA 91 105 CELL: (760) 673-6837 j.flores@evok.studio 1 i REVISIONS No. Description Date 1 Revision 1 09/01 /2023 3 Revision 3 03/27/2024 U N LU LU J MJ JOB SITE: CALLE ESTADO, LA QUINTA, CA 92253 PHONE: PLAN CHECK / JOB NO. SDP 2022-0013 PLAN: TYPICAL EXTERIOR ELEVATIONS Project Number 23-012 Date 06/28/2024 N O Drawn By Author N N Checked By Checker N O N co fit=3m3 N Scale 1 /4" = 1 '-0" 50 BLACK LC LAN DSCA MANUF: A PERMEABLE CONCRE PAVERS COLOR: GREYSTONE JOHN TIMBERLAND@ B LACK D I E—CAST ALUMINUM LARGE LED IN — GROUND WELL LIGHT MAN U F: A60074-107 SKU: SSHL30-0—U-1 EGGSHELL UNN-E c� 'M-r TPO ROOFING SYSTEM RDSOO TREX TRANSCEND@ x CALLE ESTADO MIXED USED CALLE ESTADO, LA QU I NTA, CA 92253 COMPOSITE DECKING COLOR: SPICED RUM THERMORY@ Benchmark Ash Cladding lx4 C20 (JEM) MATERIAL BOARD Project number Date Drawn by Checked by COLOR: BRONZE 23-012 06/28/2024 400 J.F. Checker Scale N.T.S. 51 BUSINESS SESSION ITEM NO. 1 City of La Quinta PLANNING COMMISSION MEETING: July 9, 2024 STAFF REPORT AGENDA TITLE: CONSIDER APPEAL 2024-0001 OF STAFF LEVEL DECISION APPROVAL OF TEMPORARY USE PERMIT 2024-0001 TO OPERATE TWO TEMPORARY FOOD TRUCKS/TRAILERS LOCATED ON PARCELS 773-078-016 AND 773-078-017 RECOMMENDATION Adopt a Resolution to sustain staff level decision approval of Temporary Use Permit (TUP) 2024-0001 to operate two temporary food trailers located on parcels 773-078-016 and 773- 078-017 in the Village Commercial District (Attachment 1). EXECUTIVE SUMMARY • On March 28, 2024, City Planning Staff approved TUP 2024-0001 to allow for one food truck/trailer on a vacant site located on Avenida Bermudas, immediately south of the Angel View Resale Store and parking lot and north of the City parking lot, in the Village Commercial District (Attachment 2 and 3). (Applicant/Property Owner: Bryan Newman). • On May 15, 2024, the TUP was amended to allow for two food trucks/trailers to operate on the site. (Attachment 4) • On May 29, 2024, Katy Abel (Appellant) filed an appeal of the staff level decision, stating that the City should reverse the TUP approval and deny the TUP. (Attachment 5) • The City Attorney's office provided a memorandum detailing the process for conducting a hearing on administrative appeal. (Attachment 6) BACKGROUND Bryan Newman, on behalf of Triple Lee LLC, property owner, applied for a TUP to allow one food truck/trailer to operate on parcels 773-078-016 and 773-078-017. The site is currently vacant and located on Avenida Bermudas, immediately south of the Angel View Resale Store and parking lot and north of the City parking lot, in the Village Commercial District. The site consists of two separate but adjoining lots. Mr. Newman proposed to use the vacant site to operate a food truck for a limited time period while he considers a future development concept for the site. Staff determined that a Temporary Use Permit was the appropriate application for the proposed temporary use. After approval of the TUP to allow for one food truck, Mr. Newman requested an amendment to the TUP to allow two food trucks to operate on the site. Mr. Newman provided an updated site plan illustrating a revised layout to include two food trucks and an updated statement of operations consistent with the initial TUP approval. 52 The TUP has been issued for a period of 18 months, with an expiration date of September 18, 2025.Up to two food trucks can operate on the site between the hours of 8am and 8pm, a few days a week based on weather, sales, and customer feedback. The food trucks are to be removed from the site at the end of each day of operation. The front of the site was improved with decomposed granite to meet ADA accessibility requirements and to stabilize the ground. A temporary power pole was issued by IID to provide the site with power. On May 29, 2024, the City received an appeal application and letter from Ms. Katy Abel, property manager of Old Town La Quinta, stating that the City should reverse the TUP approval and deny the TUP. GROUNDS FOR APPEAL The main points of the Appellant's appeal are listed below (in italicized text), each followed by staff analysis: I. Approving a non -listed use without following Code section 9.20.040 on similar use determinations. Approving the TUP without the required findings, substantial evidence to support the findings, or findings that are sufficiently detailed to bridge the analytical gap between evidence and the approval. Staff Analvsis: La Quinta Municipal Code (LQMC) Section 9.80.020 provides Table 9-5 listing the Permitted Uses in Nonresidential Districts, which includes the Village Commercial District. For uses not listed in Table 9-5, LQMC 9.20.040 establishes the Director's authority to determine if unlisted uses shall be permitted in a zoning district, subject to making the following findings: a. The proposed use is consistent with the goals and policies of the general plan. The temporary food truck use is consistent with the Land Use Element, Goal LU-6 of the La Quinta General Plan — A balanced and varied economic base which provides range of goods and services to the City's residents and the region. The food truck use offers a walk-up dining experience which provides for a variety of dining options in the Village Commercial District, and highlights eating establishments local to the Coachella Valley region to residents and visitors. The Economic Development Chapter of the General Plan states that the "Village has not yet developed to its full potential, and can provide La Quinta's residents and visitors with a greater range of shops and businesses, all located in easy walking distance for most." The temporary food truck use is consistent with the General Plan in this regard because it activates a vacant site and offers a dining experience not currently offered in the Village Commercial District to residents and visitors, and promotes walkability as it is an easy and convenient take-out option for dining. 53 The TUP allowing a food truck use is consistent with Program ED-1.3.a of the Economic Development Chapter of the General Plan: Maintain, in the Zoning Ordinance, standards and guidelines that encourage the development of a pedestrian -friendly, interconnected neighborhood with a balance of residential and commercial development. The TUP allows for standards and guidelines in the Zoning Ordinance that permit uses on a limited, temporary basis that encourages a pedestrian -friendly, interconnected neighborhood in a mixed -use environment. b. The proposed use is compatible with the purpose and intent of the district in which it is to be located. As stated in LQMC 9.70.100A Purpose, the temporary food truck use is compatible with the purpose and intent of the Village Commercial District because it contributes to the development of the Village Commercial District by promoting "development standards to accommodate projects and activities which will provide goods, services...; promoting pedestrian accessibility and scale..." The temporary food truck use is intended for a walk-up dining experience that promotes pedestrian accessibility, consistent with the purpose of the Village Commercial District. Pursuant to LQMC 9.70.100.B, the temporary food truck use is consistent with the permitted uses in the Village Commercial District because the use provides essential day-to-day neighborhood goods and services, tourism and visitor - based retail and entertainment opportunities, and facilities necessary for the operational demands of such uses. The food trucks at this location provide a convenient alternative to the typical sit-down restaurants in this district, to residents, visitors, shoppers, tourists, and those who live and work in the immediate area. c. The proposed use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use. The temporary food truck use will not adversely affect parking in the vicinity of the use because the use is intended primarily for walk-up dining, serving both locals who live and work in the vicinity as well as to tourists and visitors. For visitors, a parking lot available to the public is immediately located to the south of the site and along Avenida La Fonda and on surrounding streets. For the reasons stated herein, it was determined that parking spaces were not required for the temporary food truck use, in accordance with LQMC 9.150.070.A, Land Uses Not Listed. A condition of approval is imposed on the TUP for the site to be kept clean, tidy and free of debris or graffiti at all times. Temporary trash receptacles shall be provided on site during operation so that trash/debris can be deposited accordingly. Trash receptacles shall be removed from the site by the end of the day. The food truck use and operation shall comply with La Quinta's outdoor noise ordinance, LQMC 9.100.210. The noise provision is also included as a condition of approval. With these conditions imposed on the TUP, the temporary food truck use will not adversely affect the health, safety, or welfare of residents or other persons in the vicinity of the use. 54 The food truck use operates under a TUP, it is not a permanent use but is temporary, with a specified, limited timeframe of operation of 18 months, until September 18, 2025. The temporary food truck use activates a vacant site in the Village offering an alternative dining option in the Village Commercial District, while the property owner considers a development concept for a permanent use(s) on the site. In approving the TUP, Planning staff reviewed the proposed use under LQMC Section 9.20.040 and determined that the food truck use is a permitted use pursuant to a TUP. These findings are included in the TUP approval. 2. Approving a non -listed use as a food trailer and/or food truck use when the use more closely fits the City's definition of a portable outdoor vendor use which is only permitted as an accessory use with a minor use permit. Staff Analysis: Planning staff did not make the determination that the food truck use is similar to a portable outdoor vendor. Staff determined that a temporary food truck use is a permitted use pursuant to LQMC 9.20.040, which establishes the Director's authority to determine that an unlisted use shall be a permitted use by making the findings, as stated in #1 above. Findings were made that the food truck use is a permitted use with a TUP because the use is consistent with the goals and policies of the General Plan, the use is compatible with the purpose and intent of the district in which it is to be located, and the use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use. 3. Approving the use as a "relocatable building" even though the approval does not state so, as the City has described the use as a food truck rather than a building, and the City Code provisions on "relocatable buildings" were not complied with as relocatable buildings are only allowed if the underlying use is a permitted use and a bond is filed. Staff Analysis: Planning staff did not make the determination that the food truck use is similar to a "relocatable" building. Relocatable buildings are defined in the LQMC as mobile homes, construction trailers, and modular buildings, which a food truck is not. LQMC 9.20.040 establishes the Director's authority to determine that the food truck use is a permitted use with a TUP upon making the findings that the use is consistent with the goals and policies of the General Plan, the use is compatible with the purpose and intent of the district in which it is to be located, and the use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use. 4. A temporary use permit requires, at a minimum, Director approval, and this TUP was approved by an Associate Planner. (City Code, Section 9.200.020). Absent an express delegation to an associate planner, this is another violation. LQMC 9.10.070 states "Director" means the city manager or designee. In this case, the City Manager delegated authority to the Design and Development Director and planning staff. The Associate Planner who issued the TUP approval acted under 55 the direction and authority from the City Manager and Design and Development Director, consistent with LQMC 9.10.070. 5. Failing to follow the City's "Procedures for Staff level decision reporting - Development Code Tune Up Implementation," dated April 20, 2017 that is part of the City's standard operating procedures and to post the TUP approval on the City's website to provide notice to the public and decision -makers. Staff Analvsis: In July 2015, City Council directed staff to proceed with a Development Code Tune Up and identify ways to streamline the review of development applications. The code changes created the procedural requirements for staff level decisions and gave staff the authority to approve certain development applications. The due process aspect of the Development Code Tune Up involved the reporting of all staff level decisions on a weekly basis to the Planning Commission and the City Council. The Development Code Tune Up was implemented on May 17, 2016. The original approval of the TUP was published on the city's website and sent to the Planning Commission and City Council on April 3, 2024. The amended staff level decision was made available online via Laserfiche on May 17, 2024. 6. Due to alleged noncompliance with the LQMC, the TUP is a nuisance. Staff Analysis As further described in this staff report, the TUP was issued in compliance with the LQMC, and accordingly cannot be a nuisance on those grounds. 7. Approving the TUP includes a blanket finding that the proposal is in compliance with CEQA and "would be exempt" from CEQA pursuant to Section 15304, Minor Alternations to Land. There is no actual determination as to CEQA compliance. Staff Analysis: The TUP approval specifically references CEQA Guidelines Section 15304 and finds that the proposal would be exempt thereunder. Section 15304 Minor Alternations to Land allows for minor temporary uses of land that have negligible or no permanent effects on the environment. The food truck use is not expected to have any significant or permanent effects on the environment because it is allowed for operation on the site only on a temporary basis for a specified, limited time period until September 18, 2025, there are no permanent improvements or building construction on the site, the food truck/trailers and trash receptacles are to be removed from the site at the end of each day of operation, and the site is to be kept clean and free of debris, as conditioned. 8. TUP condition of approval number 5 requires the applicant and operator to obtain a City business license, and the applicant/Property owner was also notified on March 28, 2024 via City staff that 760 Teppanyaki still does not have a business license which is violation of the TUP. 760 Teppanyaki obtained their business license on April 4, 2024, prior to operating their food truck business on the site. This is in compliance with TUP condition No. 5. 56 9. In approving the TUP, the City violated Government Code section 65863 by failing to provide the required findings necessary to permit development of a site included in the City's Housing Element. The Property, as well as neighboring properties with APN numbers 773078006 and 773078007, is designated in the City's Housing Element as a site for very low, low and moderate income housing. Staff Analysis: The subject parcels are identified on the City's inventory of sites in its Housing Element to accommodate four (4) residential units in the very low, low and moderate income categories. Pursuant to Government Code Section 65863 (commonly referred to as the state "No Net Loss Law"), a jurisdiction must maintain adequate sites to accommodate its remaining unmet regional housing need allocation (RHNA) by each income category. The No Net Loss Law typically requires written findings supported by substantial evidence before a city can reduce the residential density of a parcel identified in its housing inventory either through a change in local standards (ie: downzoning) or approving a project which will result in a lower density than what was included in the inventory. The TUP does not reduce the density of the parcel's development potential during the current housing element cycle. The TUP approves food trucks to be able to operate on the site, but will not result in the development of a permanent project which would prevent affordable housing from being developed thereupon. Even with the TUP, the site is still eligible and available for the development of affordable housing at the density in the City's site inventory, pursuant to appropriate development applications. The applicant has stated that the TUP is intended to make use of the parcel while the applicant determines what type of permanent use to pursue. In the event a future project proposed on the site would result in a reduction in planned residential density, findings under the No Net Loss Law would be necessary for that future project. While staff does not believe the TUP triggers a requirement to make No Net Loss Law findings, those findings could easily be made. The No Net Loss Law requires the following findings to be made prior to reducing the density of a parcel or approving a project which would result in a lower density on the parcel than the planned residential density: 1. The reduction is consistent with the adopted general plan, including the housing element; and 2. The remaining sites identified in the housing element are adequate to meet the requirements of Section 65583.2 and to accommodate the jurisdiction's share of the regional housing need pursuant to Section 65584. The finding shall include a quantification of the remaining unmet need for the jurisdiction's share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level. As stated above, the TUP does not reduce the density of the parcel's development potential for affordable housing because the food truck use is allowed for only a limited, temporary basis and is not a permanent project. The 57 TUP approval is consistent with the General Plan because the food truck use within the Village Commercial District meets Land Use and Economic Development goals and policies of the General Plan. The food truck use contributes to a range of goods and services to the City's residents and the region, offering a walk-up dining experience that provides a variety of dining options in the Village Commercial District and highlights eating establishments local to the Coachella Valley region. The food truck use activates a vacant lot and promotes walkability as it is an easy and convenient take-out option for dining. The TUP provides for standards and guidelines that permit uses on a limited, temporary basis that encourages a pedestrian -friendly, interconnected neighborhood in a mixed -use environment. In addition, the remaining sites identified in the City's Housing Element are sufficient to meet the City's share of its RHNA. Specifically, the City's unmet RHNA need is 986 units of very low, low, moderate income households for the 2022-2029 planning period. The City's RHNA by affordability level is 420 units of housing affordable to very low income households, 269 affordable for low income households, and 297 affordable for moderate income households. The project site is identified for four (4) residential units in each of the very low, low and moderate income categories. Not including the project site, there are 1,369 units of very low, low and moderate income sites identified on the City's housing inventory. Even without the project site, the City would have sufficient number of designated sites to accommodate its share of the RHNA housing needs. RECOMMENDATION Adopt a Resolution to deny Appeal 2024-0001 and sustain staff level decision approval of Temporary Use Permit 2024-0001 to operate two temporary food trailer(s) located on parcels 773-078-016 and 773-078-017 in the Village Commercial District. ALTERNATIVES Planning Commission may take one of the following actions: a. Sustain, reverse or modify the original decision. If an original decision to approve a project is modified, Planning Commission may modify permitted land uses, place additional or different conditions of approval on the project, direct that revisions be made to project plans, or require other project modifications. b. Continue the appeal for further consideration. c. Refer the application back to the Design and Development Director with direction. Staff recommends a. above: Adopt a Resolution to sustain staff level decision approval Temporary Use Permit 2024-0001 to operate two temporary food trucks/trailers located on parcels 773-078-016 and 773-078-017 in the Village Commercial District. Prepared by: Sijifredo Fernandez, Associate Planner Approved by: Danny Castro, Design and Development Director 58 Attachments 1. Project Information Form 2. Vicinity Map 3. Staff Level Decision TUP2024-0001 4. Staff Level Decision TUP2024-0001 Amendment 5. Appeal Letter 6. Memorandum Proposed Process for Conducting Hearing on Administrative Appeal 59 PLANNING COMMISSION RESOLUTION 2024 - XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, SUSTAINING THE STAFF LEVEL DECISION APPROVAL OF TEMPORARY USE PERMIT 2024-0001 TO OPERATE TWO TEMPORARY FOOD TRUCKS/TRAILERS LOCATED ON PARCELS 773-078-016 AND 773-078-017 CASE NUMBERS: APPEAL 2024-0001 TEMPORARY USE PERMIT 2024-0001 APPLICANT: BRYAN NEWMAN APPELLANT: OLD TOWN LA QUINTA LLC WHEREAS, Planning Staff of the City of La Quinta, California did, on March 28, 2024, approve an application by Bryan Newman, Triple Lee LLC, property owner, for a Temporary Use Permit (TUP) to allow for one food truck/trailer to operate on a vacant site as a temporary use, TUP2024-0001, located southwest of Avenida Bermudas and Calle Tampico, more particularly described as: APN 777-078-016 & 773-078-017; and WHEREAS, Planning Staff of the City of La Quinta, California did, on May 15, 2024, approve an amendment to TUP2024-0001 to allow for two food trucks/trailers to operate on the site; and WHEREAS, pursuant to La Quinta Municipal Code (LQMC) Section 9.200.110 an appeal was filed on May 29, 2024, by Katy Abel, representative of Old Town La Quinta LLC, of staff decision to approve TUP2024-0001, stating that the City should reverse the TUP approval and deny the TUP; and WHEREAS, the main grounds for appeal are that City staff did not proceed in the manner required by law, and the TUP was issued in violation of various City Code provisions and State law; that the TUP was approved based on inaccurate or misleading information, the findings which were the basis of the approval cannot be made; the continuation of the use is detrimental or incompatible with other permitted uses in the vicinity; the use is out of character with the area; the use is a nuisance; and the use does not apply with the conditions of approval therefor; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on July 9, 2024, consider the appeal of TUP2024-0001; and WHEREAS, LQMC Section 9.80.020 provides Table 9-5 listing the Permitted Uses in Nonresidential Districts, which includes the Village Commercial District. For uses not PLANNING COMMISSION RESOLUTION 2024-XXX APPEAL 2024-0001 TEMPORARY USE PERMIT 2024-0001 PROJECT: TWO TEMPORARY FOOD TRAILERS LOCATION: PARCELS 773-078-016 AND 773-078-017 ADOPTED: PAGE 2 of 6 listed in Table 9-5, LQMC 9.20.040 establishes the Director's authority to determine if unlisted uses shall be permitted in a zoning district, subject to making the following findings: a. The proposed use is consistent with the goals and policies of the general plan. The temporary food truck use is consistent with the Land Use Element, Goal LU-6 of the La Quinta General Plan — A balanced and varied economic base which provides range of goods and services to the City's residents and the region. The food truck use offers a walk-up dining experience which provides for a variety of dining options in the Village Commercial District, and highlights eating establishments local to the Coachella Valley region to residents and visitors. The Economic Development Chapter of the General Plan states that the "Village has not yet developed to its full potential, and can provide La Quinta's residents and visitors with a greater range of shops and businesses, all located in easy walking distance for most." The temporary food truck use is consistent with the General Plan in this regard because it activates a vacant site and offers a dining experience not currently offered in the Village Commercial District to residents and visitors, and promotes walkability as it is an easy and convenient take-out option for dining. The TUP allowing a food truck use is consistent with Program ED-1.3.a of the Economic Development Chapter of the General Plan: Maintain, in the Zoning Ordinance, standards and guidelines that encourage the development of a pedestrian -friendly, interconnected neighborhood with a balance of residential and commercial development. The TUP allows for standards and guidelines in the Zoning Ordinance that permit uses on a limited, temporary basis that encourages a pedestrian -friendly, interconnected neighborhood in a mixed -use environment. b. The proposed use is compatible with the purpose and intent of the district in which it is to be located. As stated in LQMC 9.70.100A Purpose, the temporary food truck use is compatible with the purpose and intent of the Village Commercial District because it contributes to the development of the Village Commercial District by promoting "development standards to accommodate projects and activities which will provide goods, services...; promoting pedestrian accessibility and scale..." The temporary food truck use is intended for a walk-up dining experience that promotes pedestrian accessibility, consistent with the purpose of the Village Commercial District. 61 PLANNING COMMISSION RESOLUTION 2024-XXX APPEAL 2024-0001 TEMPORARY USE PERMIT 2024-0001 PROJECT: TWO TEMPORARY FOOD TRAILERS LOCATION: PARCELS 773-078-016 AND 773-078-017 ADOPTED: PAGE 3 of 6 Pursuant to LQMC 9.70.100.B, the temporary food truck use is consistent with the permitted uses in the Village Commercial District because the use provides essential day-to-day neighborhood goods and services, tourism and visitor -based retail and entertainment opportunities, and facilities necessary for the operational demands of such uses. The food trucks at this location provide a convenient alternative to the typical sit-down restaurants in this district, to residents, visitors, shoppers, tourists, and those who live and work in the immediate area. c. The proposed use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use. The temporary food truck use will not adversely affect parking in the vicinity of the use because the use is intended primarily for walk-up dining, serving both locals who live and work in the vicinity as well as to tourists and visitors. For visitors, a parking lot available to the public is immediately located to the south of the site and along Avenida La Fonda and on surrounding streets. For the reasons stated herein, it was determined that parking spaces were not required for the temporary food truck use, in accordance with LQMC 9.150.070.A, Land Uses Not Listed. A condition of approval is imposed on the TUP for the site to be kept clean, tidy and free of debris or graffiti at all times. Temporary trash receptacles shall be provided on site during operation so that trash/debris can be deposited accordingly. Trash receptacles shall be removed from the site by the end of the day. The food truck use and operation shall comply with La Quinta's outdoor noise ordinance, LQMC 9.100.210. The noise provision is also included as a condition of approval. With these conditions imposed on the TUP, the temporary food truck use will not adversely affect the health, safety, or welfare of residents or other persons in the vicinity of the use. The food truck use operates under a TUP, it is not a permanent use but is temporary, with a specified, limited timeframe of operation of 18 months, until September 18, 2025. The temporary food truck use activates a vacant site in the Village offering an alternative dining option in the Village Commercial District, while the property owner considers a development concept for a permanent use(s) on the site. WHEREAS, in approving the TUP, Planning staff reviewed the proposed use under LQMC Section 9.20.040 and determined that the food truck use is a permitted use pursuant to a TUP. These findings are included in the TUP approval; and 62 PLANNING COMMISSION RESOLUTION 2024-XXX APPEAL 2024-0001 TEMPORARY USE PERMIT 2024-0001 PROJECT: TWO TEMPORARY FOOD TRAILERS LOCATION: PARCELS 773-078-016 AND 773-078-017 ADOPTED: PAGE 4 of 6 WHEREAS, in approving the TUP, Planning staff acted as designee for the City Manager and Design and Development Director consistent with LQMC 9.10.070; and WHEREAS, the subject parcels are identified on the City's inventory of sites in its Housing Element to accommodate four (4) residential units in the very low, low and moderate income categories. Pursuant to Government Code Section 65863 (commonly referred to as the state "No Net Loss Law"), a jurisdiction must maintain adequate sites to accommodate its remaining unmet regional housing need allocation (RHNA) by each income category; and WHEREAS, the TUP does not reduce the density of the parcel's development potential during the current housing element cycle. The TUP approves food trucks to be able to operate on the site, but will not result in the development of a permanent project which would prevent affordable housing from being developed thereupon. Even with the TUP, the site is still eligible and available for the development of affordable housing at the density in the City's site inventory, pursuant to appropriate development applications; and WHEREAS, while the TUP does not trigger a requirement to make No Net Loss Law findings, those findings can be made for the approval as follows: 1. The reduction is consistent with the adopted general plan, including the housing element; and 2. The remaining sites identified in the housing element are adequate to meet the requirements of Section 65583.2 and to accommodate the jurisdiction's share of the regional housing need pursuant to Section 65584. The finding shall include a quantification of the remaining unmet need for the jurisdiction's share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level. The TUP does not reduce the density of the parcel's development potential for affordable housing because the food truck use is allowed for only a limited, temporary basis and is not a permanent project. The TUP approval is consistent with the General Plan because the food truck use within the Village Commercial District meets Land Use and Economic Development goals and policies of the General Plan. The food truck use contributes to a range of goods and services to the City's residents and the region, offering a walk-up dining experience that provides a variety of dining options in the Village Commercial District and highlights eating establishments local to the Coachella Valley region. The food truck use activates a vacant lot and promotes walkability as it is an easy and convenient take-out option for dining. The TUP provides for standards and guidelines that 63 PLANNING COMMISSION RESOLUTION 2024-XXX APPEAL 2024-0001 TEMPORARY USE PERMIT 2024-0001 PROJECT: TWO TEMPORARY FOOD TRAILERS LOCATION: PARCELS 773-078-016 AND 773-078-017 ADOPTED: PAGE 5 of 6 permit uses on a limited, temporary basis that encourages a pedestrian -friendly, interconnected neighborhood in a mixed -use environment. In addition, the remaining sites identified in the City's Housing Element are sufficient to meet the City's share of its RHNA. Specifically, the City's unmet RHNA need is 986 units of very low, low, moderate income households for the 2022- 2029 planning period. The City's RHNA by affordability level is 420 units of housing affordable to very low income households, 269 affordable for low income households, and 297 affordable for moderate income households. The project site is identified for four (4) residential units in each of the very low, low and moderate income categories. Not including the project site, there are 1,369 units of very low, low and moderate income sites identified on the City's housing inventory. Even without the project site, the City would have a sufficient number of designated sites to accommodate its share of the RHNA housing needs. WHEREAS, The TUP approval specifically references CEQA Guidelines Section 15304 and finds that the proposal would be exempt thereunder. Section 15304 Minor Alternations to Land allows for minor temporary uses of land that have negligible or no permanent effects on the environment. The food truck use is not expected to have any significant or permanent effects on the environment because it is allowed for operation on the site only on a temporary basis for a specified, limited time period until September 18, 2025, there are no permanent improvements or building construction on the site, the food truck/trailers and trash receptacles are to be removed from the site at the end of each day of operation, and the site is to be kept clean and free of debris, as conditioned; and WHEREAS, upon hearing and considering all testimony and arguments for the appeal, if any, of all interested persons desiring to be heard, said Planning Commission did make the findings pursuant to Section 9.210.050 of the Municipal Code to sustain the TUP approval. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above Recitals are true and constitute the Findings of the Planning Commission in this case, and are incorporated into the Resolution by reference. SECTION 2. That it does hereby sustain the staff level decision determination that Temporary Use Permit 2024-0001 is exempt from CEQA pursuant to Section 15304 of the CEQA Guidelines. SECTION 3. That pursuant to Section 9.200.110 and 9.210.050 of the LQMC, the Planning Commission does hereby sustain staff level decision adopted on 64 PLANNING COMMISSION RESOLUTION 2024-XXX APPEAL 2024-0001 TEMPORARY USE PERMIT 2024-0001 PROJECT: TWO TEMPORARY FOOD TRAILERS LOCATION: PARCELS 773-078-016 AND 773-078-017 ADOPTED: PAGE 6 of 6 March 28, 2024, and later amended on May 15, 2024, approving Temporary Use Permit 2024-0001, for the reasons set forth in this Resolution and subject to the conditions of approval attached to the TUP. SECTION 4. That the Secretary to the Planning Commission of the City of La Quinta shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this resolution. The Planning Commission of the City of La Quinta hereby declares that the Planning Commission would have adopted this resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sub -divisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional, invalid, or ineffective. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on July 9, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: STEPHEN T. NIETO, Chairperson City of La Quinta, California ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California 65 ATTACHMENT 1 PROJECT INFORMATION CASE NUMBERS: APPEAL 2024-0001 TEMPORARY USE PERMIT 2024-0001 APPLICANT: BRYAN NEWMAN APPELLANT: OLD TOWN LA QUINTA LLC REQUEST: CONSIDER A RESOLUTION TO SUSTAIN STAFF LEVEL DECISION APPROVAL OF TEMPORARY USE PERMIT (TUP) 2024-0001 TO OPERATE TWO TEMPORARY FOOD TRAILER(S) LOCATED ON PARCELS 773-078-016 AND 773-078-017 IN THE VILLAGE COMMERCIAL DISTRICT. LOCATION: PARCELS 773-078-016 AND 773-078-017 CEQA: THE DESIGN & DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE PROPOSAL IS IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND WOULD BE EXEMPT FROM CEQA PURSUANT TO SECTION 15304, MINOR ALTERATIONS TO LAND. GENERALPLAN DESIGNATION: VILLAGE COMMERCIAL ZONING DESIGNATION: VILLAGE COMMERCIAL SURROUNDING ZONING/LAND USES: NORTH: VILLAGE COMMERCIAL, ANGEL VIEW RESALE STORE SOUTH: VILLAGE COMMERCIAL, PUBLIC PARKING LOT EAST: VILLAGE COMMERCIAL, OLD TOWN LA QUINTA COMMERCIAL CENTER WEST: VILLAGE COMMERCIAL, VILLAGE HOSPITALITY HOME (UNDER CONSTRUCTION) AND A VACANTLOT VICINITY MAP ATTACHMENT u z � Jk v OW r /o Project Site r r, 91 / � Cl�J. -. l�� • I � RF tihLt I 5 � �4 5 . �rlp t ": - �� - yr `tea T, �'� - •.�`iOL t F .; IF 4 i 4 t 67 - - ATTACHMENT 3 cc& March 28, 2024 Mr. Bryan Newman 57565 Santa Rosa Trail La Quinta, CA 92253 SUBJECT: TEMPORARY USE PERMIT 2024-0001 TKB TEMPORARY FOOD TRAILER Dear Mr. Newman: The Design and Development Department has reviewed and approved your request to operate a temporary food trailer located on parcels 773-078-016 and 773-078-017, per the attached exhibits and information on file, pursuant to Section 9.210.050 of the La Quinta Municipal Code and subject to the following findings and conditions of approval. FINDINGS • The proposal is consistent with the general plan and provisions of the zoning code. The temporary food trailer business is permitted as a Temporary Use. • The proposal is in compliance with the requirements of the California Environmental Quality Act (CEQA) and would be exempt from CEQA pursuant to Section 15304, Minor Alterations to Land. • The proposal would 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. CONDITIONS OF APPROVAL: 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 Temporary Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The temporary use permit is approved for a period of eighteen (18) months, with an expiration date of September 28, 2025. 5 CA T8N!w I to ��Imk Calhriw 9�0 I M. 3. The use of this site shall be consistent with the statement of operations provided to staff on file. 4. All operations, including outdoor operations, shall comply with the City of La Quinta's outdoor noise ordinance, per Section 9.100.210. 5. The applicant/operator shall obtain a City Business License. 6. The applicant shall obtain all other applicable permits, if required, from the appropriate agencies (i.e. Fire Department, Building Department, Public Works, etc.). 7. The applicant shall obtain an encroachment permit for utilizing the public right of way. 8. Any damage to public hardscape caused by this use shall be repaired as directed by the City Engineer. This includes but is not limited to sidewalks, curb and gutter, landscaping, and pavement especially within the surrounding public streets. 9. The site is to be kept clean, tidy and free of debris or graffiti at all times. 10. There shall be no parking along Avenida Bermudas. 11. Any building, structure, facility, complex or improved area, or portions thereof, which are used by the general public shall be provided barrier free design to ensure that these improvements are accessible to and usable by persons with disabilities. The proposed facility shall comply with the California Accessibility Standards defined in Title 24 Chapter 11 B and Federal ADA Regulations as applicable. 12. City staff reserves the right to inspect at any time to review compliance with this permit. Staff may add, modify, or revoke this permit if not in compliance with this permit or if activity is harmful to the public. Adherence to these conditions, as outlined, will ensure that adverse impacts to surrounding properties will be minimized. The City may elect to add conditions to this application to mitigate any problems that arise not previously addressed herein. This decision may be appealed to the Planning Commission by any party who submits the necessary paperwork and filing fee of $1,508.00 to this office within 15 days of the date of approval of this permit. Should you have any questions, please contact me at (760) 777-7086. Sijifredo Fernandez Associate Planner Design and Development SITE � 105.8 7' PROPERTY LINE TEMPORARY IID POWER POLE EXISTING 1 - 6"x 6"x 16' POLE IID POWER LOT 5 / APN 773-078-016 POLE 1 - METERMAIN 100 AMP SURFACE MOUNT PANEL LOT 6 / APN 773-078-017 UNIT NO.14 SANTA CARMELITA 3 - #2 THHN WIRE FOR RISER AT VALE LA QUINTA 1 - 10' PVC SCHEDULE 80 DG GROUND MB 18/82-83 -� 2 - GROUND RODS COVER I w 1 - 16' ARMORED #6 WIRE 0 0 1 - BELL BOX WITH 50 AMP PLUG WITH BUBBLE COVER o 48 m OWNER BRYAN NEWMAN °p o 1 - 50 AMP TWO POLE BREAKER :73 (760) 275-2052 Ln 2 - 20 AMP 120V BREAKER FOR (2) GFI PLUGS FOR SERVICE z W J O Q N 8 0 z LOT 5 �x Q BLOCK 122 Eli�0° 0 z PLANNING APPROVAL cr� ADMINISTRATIVE 105.78' CASE # TUP2024-0001 # PROPERTY LINE ---'EXHIBIT o INITIAL: sfernandez o DATE: 03/28/2024 10:40:48 AM o w 0 0 o LOT 6 DG GROUND o c� o COVER o z Ln BLOCK 122 cn w 0 5 10 20 W z —' GRAPHIC SCALE: 1 "= 10' W 0 25.0' HIT C E3 N 5 U L T I N G 105. 68' PROPERTY LINE.. 777 East TahquA2 Canyon Way, Suite 309 Palm Spri ngs. Califwnia 32262 Phone: 760.340.OMO 71 March 7, 2024 The Kids' Business, Inc. 45-334 Golf Center Parkway Indio, CA, 92201 760-775-8330 Description of activity/Statement of Operation — Including the following information: • Description of proposed use - TKB Food Trailer selling sandwiches, pastries, etc. • Dates and hours of operation - TBD. 8AM to 8PM. A couple days a week to a few days determining on weather, sales, customer feedback. • Dates of equipment set up and removal - Whatever is set up for daily business should be removed at the end of day. • Maximum Number of people working at the activity at one time - I say less than 6 people daily. • Maximum attendance at one time - I don't know that answer. Possibly 50. • Total estimated number of people attending activity per day - Hopefully 100. Pure estimate. • Will any portion of the proposed activity occur within a public right-of-way? (street, sidewalk or trail) — It will not occur within the public right of way. • Describe any use if any electrical and/or amplified equipment - Electrical panel is being installed and power cord will be used for the food trailer. Nathan Sippel CFO 72 ATTACHMENT 4 cc& Updated: May 15, 2024 March 28, 2024 Mr. Bryan Newman 57565 Santa Rosa Trail La Quinta, CA 92253 SUBJECT: TEMPORARY USE PERMIT 2024-0001 TEMPORARY FOOD TRAILERS Dear Mr. Newman: The Design and Development Department has reviewed and approved your request to operate temporary food trailer located on parcels 773-078-016 and 773-078-017, per the attached exhibits and information on file, pursuant to Section 9.210.050 of the La Quinta Municipal Code and subject to the following findings and conditions of approval. FINnINr.q • The proposal is consistent with the general plan and provisions of the zoning code. The temporary food trailer business is permitted as a Temporary Use. • The proposal is in compliance with the requirements of the California Environmental Quality Act (CEQA) and would be exempt from CEQA pursuant to Section 15304, Minor Alterations to Land. • The proposal would 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. CONDITIONS OF APPROVAL: 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 Temporary Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 1S CAP is isa 10 �UIm$ rall"W 9 0 I unrw.faquinfaca,gnw 2. The temporary use permit is approved for a period of eighteen (18) months, with an expiration date of September 28, 2025. 3. The use of this site shall be consistent with the statement of operations provided to staff on file. 4. All operations, including outdoor operations, shall comply with the City of La Quinta's outdoor noise ordinance, per Section 9.100.210. 5. The applicant/operator shall obtain a City Business License. 6. The applicant shall obtain all other applicable permits, if required, from the appropriate agencies (i.e. Fire Department, Building Department, Public Works, etc.). 7. The applicant shall obtain an encroachment permit for utilizing the public right of way. 8. The applicant shall obtain a new electrical permit for any additional electrical work as necessary to accommodate the second trailer. 9. Any damage to public hardscape caused by this use shall be repaired as directed by the City Engineer. This includes but is not limited to sidewalks, curb and gutter, landscaping, and pavement especially within the surrounding public streets. 10. The site is to be kept clean, tidy and free of debris or graffiti at all times. Temporary trash receptacles shall be provided on site during operation so that trash/debris can be deposited accordingly. Trash receptacles shall be removed from the site by the end of the day. 11. There shall be no parking along Avenida Bermudas. 12. Any building, structure, facility, complex or improved area, or portions thereof, which are used by the general public shall be provided barrier free design to ensure that these improvements are accessible to and usable by persons with disabilities. The proposed facility shall comply with the California Accessibility Standards defined in Title 24 Chapter 11 B and Federal ADA Regulations as applicable. 13. City staff reserves the right to inspect at any time to review compliance with this permit. Staff may add, modify, or revoke this permit if not in compliance with this permit or if activity is harmful to the public. Adherence to these conditions, as outlined, will ensure that adverse impacts to surrounding properties will be minimized. The City may elect to add conditions to this application to mitigate any problems that arise not previously addressed herein. This decision may be appealed to the Planning Commission by any party who submits the necessary paperwork and filing fee of $1,508.00 to this office within 15 days of the date of approval of this permit. Should you have any questions, please contact me at (760) 777-7086. Sijifredo Fernandez Associate Planner Design and Development 4.0' PLAN - 105.87' PROPERTY LINE ---'SITE TEMPORARY 10 POWER POLE EXISTING 1 — 6"x 6"x 16' POLE IID POWER LOT 5 / APN 773-078-016 POLE 1 - METERMAIN 100 AMP SURFACE MOUNT PANEL LOT 6 / APN 773-078-017 UNIT NO.14 SANTA CARMELITA 3 - #2 THHN WIRE FOR RISER AT VALE LA QUINTA 1 - 10' PVC SCHEDULE 80 DG GROUND_11 MB 18/82-83 -� Q - 2 GROUND RODS COVER w 1 — 16' ARMORED #6 WIRE o OWNER 0 0 1 — BELL BOX WITH 50 AMP PLUG WITH BUBBLE COVER o 'A m BRYAN NEWMAN °p -LO o0 1 - 50 AMP TWO POLE BREAKER (760) 275-2052 CD 2 — 20 AMP 120V BREAKER FOR (2) GFI PLUGS FOR SERVICE c� w cn �o w N 8.0' w z LOT 5x Q BLOCK 122 ~c°LL- ES o _ 105.78' PLANNING APPROVAL PROPERTY LINE-` O ADMINISTRATIVE O CASE # TUP2024-0001 EXHIBIT # INITIAL: sfernandez J DATE: 05/15/2024 4:34:48 PM I W W 8.0 Q X co o 0 LOT 6 o z 0 BLOCK 122 0 x i w � 0 5 10 20 z J DG GROUND COVER , GRAPHIC SCALE. 1 = 10 �L I 0 25.0' HEI� C❑ N S U L T I N G 105.68' PROPERTY LINE---__ 777 East Tahquitz Canyon Way, Suite 309 Palm Springs, California 92262 Phone: 760.340.906� I March 7, 2024 The Kids' Business, Inc. 45-334 Golf Center Parkway Indio, CA, 92201 760-775-8330 Description of activity/Statement of Operation — Including the following information: • Description of proposed use - TKB Food Trailer selling sandwiches, pastries, etc. • Dates and hours of operation - TBD. 8AM to 8PM. A couple days a week to a few days determining on weather, sales, customer feedback. • Dates of equipment set up and removal - Whatever is set up for daily business should be removed at the end of day. • Maximum Number of people working at the activity at one time - I say less than 6 people daily. • Maximum attendance at one time - I don't know that answer. Possibly 50. • Total estimated number of people attending activity per day - Hopefully 100. Pure estimate. • Will any portion of the proposed activity occur within a public right-of-way? (street, sidewalk or trail) — It will not occur within the public right of way. • Describe any use if any electrical and/or amplified equipment - Electrical panel is being installed and power cord will be used for the food trailer. Nathan Sippel CFO 77 ,�HAUSofPONE May 8th, 2024 Haus of Poke' 42500 Bob Hope Dr. Rancho Mirage Ca, 92270 760-409-4738 Description of activity/Statement of Operation — Including the following information: • Description of proposed use - Food Trailer selling sandwiches, pastries, etc. • Dates and hours of operation - TBD. 8AM to 8PM. A couple days a week to a few days determining on weather, sales, customer feedback. • Dates of equipment set up and removal - Whatever is set up for daily business should be removed at the end of day. • Maximum Number of people working at the activity at one time - I say less than 6 people daily. • Maximum attendance at one time - I don't know that answer. Possibly 50. • Total estimated number of people attending activity per day - Hopefully 100. Pure estimate. • Will any portion of the proposed activity occur within a public right-of-way? (street, sidewalk or trail) — It will not occur within the public right of way. • Describe any use if any electrical and/or amplified equipment - Electrical panel is being installed and power cord will be used for the food trailer. Monica Bradley Owner r ATTACHMENT 5 VAJackson Titus A LAW CORPORATION May 29, 2024 Direct Dial: 949.851.7623 Email: skleinberg@jacksontidus.com Reply tc Irvine Office File No: 10538-128938 VIA E-MAIL Wastro(a),laguintaca.2ovl & HAND DELIVERY Danny Castro, Design and Development Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Appeal of City Approval of Temporary Use Permit 2024-0001 for Temporary Food Trailers Dear Mr. Castro: We represent Old Town La Quinta, LLC ("Old Town") with respect to the commercial center located at the southwest corner of Calle Tampico and Avenida Bermudas in the City of La Quinta ("City"). It is our understanding that the City approved an updated Temporary Use Permit 2024-0001 for two Temporary Food Trailers ("TUP") to be established on 51125 Avenida Bermudas (APNs: 773078016, 773078017) ("Property"), across the street from the Old Town La Quinta center, on May 15, 2024. This letter appeals both the City's approval of the TUP and the City's May 15, 2024 action to the Planning Commission under City Municipal Code ("City Code") section 9.200.110. The grounds for appeal are as follows: City staff did not proceed in the manner required by law, and the TUP was issued in violation of various City Code provisions and State law; the TUP was approved based on inaccurate or misleading information (i.e., that the use was permitted when the use is not permitted under the City Code); the findings which were the basis of the approval cannot be made and are absent from the record; the continuation of the use is detrimental or incompatible with other permitted uses in the vicinity; the noise, smoke, lack of parking and lack of bathroom facilities from and on the Property will impact the center, its tenants and the surrounding area; the use is out of character with the area; the use is a nuisance; and the TUP may also be in violation of condition of approval number 5. As you indicated previously to Old Town via email, the City has never approved a food truck or food trailer through a temporary use permit and only allowed food trucks in association with temporary special events. A food truck and/or food trailer is not a permitted use, or a temporarily permitted use, under City Code section 9.80.020 [nonresidential permitted uses]. The City Code requires that the Planning Commission, or planning, determine if a non -listed use is permitted by following the procedures in Code section 9.20.040 [similar use determinations]. Since the City does not have established land use or business regulations to guide establishment of food trucks and/or trailers, a public body should have received public comment on this non - Irvine Office 2030 Main Street, 12th Floor Irvine, California 92614 t 949.752.8585 f 949.752.0597 Westlake Village Office 2815 Townsgate Road, Suite 200 Westlake Village, California 91361 t 805.230.0023 f 805.230.0087 www.jacksontidus.law May 29, 2024 Page 2 listed use and evaluated its impacts.' This was not followed and is only one of the many violations associated with the TUP approval, as discussed further below. A TUP is also more appropriate for seasonal uses, like Halloween sales, as opposed to an ongoing operation. We question why City staff rushed to approve a new use, with very few conditions, with no parking or bathroom requirement, without following appropriate City and State procedures, without providing notice to neighbors, without an opportunity for public comment and without consideration by an appointed or elected body. The lack of transparency and process is not in line with Old Town's experiences in the City. Through this appeal the Planning Commission and public will now have an opportunity to evaluate the use, City laws and (lack of) consistency with the area. As the use was not lawfully approved and should not have been approved, Old Town requests the decision be reversed on appeal with the TUP denied. Please notify us at least thirty (30) days prior the appeal hearing with the date scheduled for the appeal. GROUNDS FOR APPEAL This letter appeals both the City's approval of the TUP and the City's May 15, 2024 action to the Planning Commission under City Municipal Code ("City Code") section 9.200.110. The TUP as a whole is subject to appeal (i.e., both food trailers/food trucks), as the City did not approve a new, separate TUP for the second food trailer/food truck. The grounds for appeal are as follows: the City did not proceed in the manner required by law, and the TUP was issued in violation of various City Code provisions and State law (as detailed below); the TUP was approved based on inaccurate or misleading information (i.e., that the use was permitted when the use is not permitted under the City Code); the findings which were the basis of the approval cannot be made and are absent from the record; the continuation of the use is detrimental or incompatible with other permitted uses in the vicinity; the noise, smoke, lack of parking and lack of bathroom facilities from and on the Property will impact the center, its tenants and the surrounding area; the use is out of character with the area; the use is a nuisance; and the TUP may also be in violation of condition of approval number 5. VIOLATIONS OF CITYMUNICIPAL CODE The City did not proceed in the manner required by its own laws. The TUP was approved based on inaccurate or misleading information (i.e., that the use was permitted when the use is not permitted under the City Code), the findings which were the basis of the approval cannot be made and are absent from the record, the TUP may already be in violation of its conditions, and the continuation of the use is detrimental or incompatible with other permitted uses in the vicinity. (See City Code, § 9.200.130.) Due to the violations, the TUP is also a 1 See, for example, Palm Springs and Palm Desert regulations identifying that vehicles that produce food on public streets pose special dangers to the public health, safety and welfare of children and residents, and as a result, provide responsible companies and individuals who engage in the operation of mobile food vending vehicles with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace. (City of Palm Springs Code Chapter 6.15; City of Palm Desert Code Chapter 5.97.) 10538-128938\1634158.1 May 29, 2024 Page 3 nuisance which may be abated. (See City Code, § § 1.01.250, 11.72.030; See also Civil Code, § 3479.) The irregularities and violations of City Code associated with the TUP approval include:2 1) approving a non -listed use without following Code section 9.20.040 on similar use determinations; 2) approving a non -listed use as a food trailer and/or food truck use when the use more closely fits the City's definition of a portable outdoor vendor use which is only permitted as an accessory use with a minor use permit; 3) approving the use as a "relocatable building" even though the approval does not state so, as the City has described the use as a food truck rather than a building, and the City Code provisions on "relocatable buildings" were not complied with as relocatable buildings are only allowed if the underlying use is a permitted use and a bond is filed; 4) approving the TUP without required findings, substantial evidence to support the findings or findings that are sufficiently detailed to bridge the analytical gap between evidence and the approval; 5) approving a TUP based on a vague statement of operation that may conflict with Code section 12.28.100 [operating hours for food vehicles] and with no parking requirement in violation of Code section 9.150.070 and no trash receptacle screening in violation of Code section 9.100.050 [requiring all outdoor trash and waste bins be enclosed by a solid wall not less than six (6) feet in height in accordance with Section 9.100.200]; 6) staff approval of a temporary use permit where director approval is required under Code Section 9.200.020; and (7) failing to follow the City's "Procedures for Staff level decision reporting -Development Code Tune Up Implementation," dated April 20, 2017 that is part of the City's standard operating procedures and to post the TUP approval on the City's website to provide notice to the public and decision -makers. The Property is zoned Village Commercial (VC). City Code section 9.80.020 lists permitted and temporarily permitted uses in the CV zone, and the list does not include food trailers or food trucks. Instead, the Code provides that land uses which are not listed are not permitted unless the Planning Commission or planning determines that the use is one of the permitted use categories in accordance with section 9.20.040. Section 9.20.040 provides a process and required findings for a similar use determination. This section was not complied with, the TUP approval lacks any explanation or findings as to a similar use determination, and the Planning Commission and public were not provided the ability to weigh in on a use that is new to the City and mostly unregulated in the City. The findings cannot be made here as they require determinations of consistency with the goals and policies of the general plan, compatibility with the district and that the use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use. The use appears to fall within the City's definition of a "portable outdoor vendor use" which, unlike food trailers or food trucks, is provided for in the City's permitted use table. (City Code, § 9.80.020.) An "outdoor vendor" is defined as "including hotdog stands, ice cream carts, and other retail uses which utilize a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size and design suitable for placement on a private sidewalk, plaza, or 2 Our office submitted a public records act request on May 21, 2024. We reserve the right to update or supplement this letter and grounds for appeal if the results of that request reveal additional irregularities and/or violations. 81 10538-128938\1634158.1 May 29, 2024 Page 4 pedestrianway." (City Code, § 9.280.030.) If a similar use determination could be made (it cannot, based on the required findings above), this would be the appropriate use category. However, the City previously determined, and codified, that portable outdoor vendor uses, like those proposed in the TUP, are only allowed as an accessory use, with a minor use permit (the approval of which requires specific findings) and are subject to section 9.100.100. (City Code, § 9.80.020.) Because the Property is undeveloped and has no primary use, an accessory use finding cannot be made here. This should have resulted in a denial of the TUP, yet these provisions that are applicable to the use in question appear to have been ignored. Instead of making the required similar use determination (which cannot be made), and since a portable outdoor vending use is not permitted without a primary use, the TUP sidesteps City provisions and takes an alternative, unexplained approach. The TUP states, without analysis or explanation, that "the temporary food trailer business is permitted as a Temporary Use." That is not correct. Additionally, the listed temporarily permitted uses in the City Code are seasonal, but this TUP was approved for continuous operation for 18 months, which appears to be unprecedented for the City. (See City Code, § 9.80.020 [temporarily permitted uses include Christmas tree sales, Halloween pumpkin sales, temporary outdoor events].) City Code section 9.80.020 allows use of one "relocatable building" with a temporary use permit subject to section 9.100.180 but does not allow multiple buildings (i.e., "relocatable building" is included, but not "relocatable buildings"). The TUP purports to authorize two, food trailer/trucks, the trailers/trucks in question do not meet the definition of "relocatable building," there are other City definitions that more closely track the use, and the City did not follow section 9.100.180 or specify in the TUP approval that the use is authorized because the use is a relocatable building. City examples of relocatable buildings include mobilehomes, construction trailers and modular buildings. (City Code, § 9.280.030.) A trailer that is used to produce and sell food is not similar to a mobilehome or construction trailer. The City also has more specific regulations for portable outdoor vendor uses and, although minor, for merchandise or food vehicles, neither of which were followed. (See City Code, §§ 9.80.020, 12.28.100.) One "relocatable building" is also permitted with a temporary use permit only for uses that are already permitted in the zoning district. (City Code, § 9.100.180) As stated above, a food trailer/food truck is not a permitted use, and a similar use determination was not made in the TUP's approval. In communications with Wells Marvin, City staff have described the use as a food truck, rather than a food trailer or relocatable building, so the City is being inconsistent with its application and interpretation of the use (i.e., is the approved use for a food truck or a food trailer). (See, e.g., email from Danny Castro, Design and Development Director, to Wells Marvin, dated April 15, 2024.) If any use could be permitted in the City so long as the use was located in a relocatable building, the City would allow mobile cannabis dispensaries/cannabis to be sold from relocatable buildings. The City does not allow cannabis sales in relocatable buildings, so it is unclear why "relocatable building" may have been applied here (nor does the approval specify that it was applied here). Furthermore, if this was a lawful City practice, Old Town could have assessed its concept by establishing multiple trailers onsite selling various products, rather than investing millions of dollars in providing a thriving center and anchor for the surrounding area. A temporary use permit application for a relocatable building also requires a cash bond posted with the director to insure removal of the building and restoration of the site. (Id.) The TUP lacks this requirement, and evidence of a bond was not produced in the City's response to Old Town's prior Public 82 10538-128938\1634158.1 May 29, 2024 Page 5 Records Act request. So even if the City considered the use to be a "relocatable building," which is not specified in the TUP approval, this was still not the appropriate determination, and the requirements for a relocatable building were not followed. Additionally, City Code section 9.200.060, and case law, require written findings for an approval along with reasons that serve to explain the determination. (See Topanga Assn for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 511 ("Topanga").) The TUP approval contains three blanket findings. There is no support, explanation or evidence in the TUP approval or record that supports the City's findings. Under Topanga, a city must issue written findings in support of its decision, the record must contain substantial evidence to support the findings, and the findings must support the decision and be sufficiently detailed to "bridge the analytical gap" between the evidence and final decision. (Id.) This requirement is completely lacking in the approval. For example, the first finding is that that the proposal is consistent with the general plan and zoning code and that the food trailers are permitted as a temporary use. As indicated above, temporary food trailers/trucks are not a permitted use, there is no description as to how the temporary food trailers/trucks are allowed and there is not even a reference to the Property's general plan designation or zoning in the approval, let alone an explanation or evidence as to consistency. The third finding is that the proposal would 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. Again, there is no explanation or evidence to support this finding, and the properties and uses in the vicinity were not provided an opportunity to comment. Because the TUP does not require parking (in violation of City Code section 9.150.070),3 screened trash facilities (in violation of City Code section 9.100.050) or bathroom facilities, and based on the temporary nature and type of use, the use is injurious to or incompatible with other uses in the vicinity and has spillover effects in the neighboring community and center. Temporary use permits are intended to ensure that adverse impacts to surrounding properties, residents and businesses are minimized, and are supposed to include conditions to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses, and the TUP is surprisingly light on requirements and with no off-street parking requirement. (City Code, §§ 9.210.050, 9.150.070.) Additionally, a temporary use permit requires findings for the underlying use, and the TUP does not have a finding on the use. (City Code, § 9.210.050.) The City requires specific submittal requirements for a temporary use permit application, including a description of the activity proposed. On April 15, 2024, Old Town submitted an initial Public Records Act request, and the City provided approximately 26 records in response. There is no temporary use permit application on file, so it appears that one was never submitted. The TUP approval includes an attachment with a description of the activity which is vague and lacks sufficient detail. For example, the dates and hours of operation are "TBD. 8 AM to 8PM. A couple days a week to a few days determining on weather, sales, customer feedback." Not only does this lack sufficient detail for decision makers to understand, evaluate, condition and approve an activity, but City Code section 12.28.100, governing food vehicles, indicates that 3 The truck/trailer may also run afoul of City Code section 11.80.080(e) which provides that parking a vehicle in a space not designated for parking by the applicable zoning ordinance constitutes a public nuisance. 83 10538-128938\1634158.1 May 29, 2024 Page 6 food vehicles should not be operating on Sundays or before 9 AM or after 5PM, so the TUP contradicts the City's regulations. Furthermore, the listed temporarily permitted uses in the City Code are seasonal and not operational for a "couple days a week to a few days." (See City Code, §9.80.020 [temporarily permitted uses include Christmas tree sales, Halloween pumpkin sales, temporary outdoor events].) While this TUP should have been considered by the Planning Commission in the first place, a temporary use permit requires, at a minimum, Director approval, and this TUP was approved by an Associate Planner. (City Code, § 9.200.020.) Absent an express delegation to an associate planner, this is another violation. The City also failed to follow the procedures for reporting staff level decisions to the Planning Commission in accordance with the City's "Procedures for Staff level decision reporting -Development Code Tune Up Implementation," dated April 20, 2017 that is part of the City's standard operating procedures,4 including but not limited to by failing to provide an email PDF report to the Planning Commission and City Council including the TUP approval with weekly staff level decisions for the original TUP issuance and potentially also for the updated TUP. Without notice of the TUP approval, the Planning Commission and City Council lack the ability to review the staff decision and consider the matter for a call-up appeal. The TUP is also missing from the City's staff decisions webpage, which includes a report on staff decisions from May 111h to May 171h but omits the TUP approval .5 TUP condition of approval number 5 requires the applicant and operator to obtain a City business license, and the applicant/Property owner was also notified on March 28, 2024, via email from Cheri Flores, that 760 Tepanyaki does not have a business license and needs to obtain one. It is our understanding that 760 Tepanyaki still does not have a business license which is a violation of the TUP. Due to the violations above, the TUP is also a nuisance which may be abated. (See City Code, §§ 1.01.250, 11.72.030; See also Civil Code, § 3479.) The Planning Commission should reverse the TUP approval and deny the TUP in accordance with City Code section 9.200.130. VIOLATIONS OF STATE LAW The TUP approval does not comply with Government Code section 65863 or the California Environmental Quality Act ("CEQA"). In approving the TUP, the City violated Government Code section 65863 by failing to provide the required findings necessary to permit development of a site included in the City's Housing Element. The Property, as well as neighboring properties with APN numbers 4 Staff Level Decisions - Instructions (laquintaca.gov) 5 https://www.laguintaca.govibusiness/design-and-development/planning-division/staff-decisions-permits-and- rp ojects; 638519668071406676 Oaquintaca.gov) 84 10538-128938\1634158.1 May 29, 2024 Page 7 773078006 and 773078007, is designated in the City's Housing Element as a site for very low, low and moderate income housing. (City Housing Element, Table II-50, p. 150.) The City cannot permit the development of fewer residential units than identified in the Housing Element, or allow development with fewer units by income category than identified in the Housing Element without making findings supported by substantial evidence that there are other sites identified in the Housing Element to accommodate the housing need by income level. (Gov. Code, § 65863.) If the City cannot make these findings, the City needs to rezone other sites and/or update the City's Housing Element so there is "no net loss." The TUP lacks any reference to the Housing Element, let alone the required findings under section 65863. The Property is also identified as City owned in Table II-50 of the Housing Element. If the Property was owned by the City, the City may have failed to comply with the Surplus Land Act in a disposition to the Property owner. The TUP includes a blanket finding that the proposal is in compliance with CEQA and "would be exempt" from CEQA pursuant to Section 15304, Minor Alternations to Land. There is no actual determination as to CEQA compliance. Furthermore, as stated above, under Topanga, findings must support the decision and be sufficiently detailed to "bridge the analytical gap" between the evidence and final decision. Not only does the TUP lack an analysis of the exceptions to categorical exemptions under CEQA guidelines section 15300.2, but there are no facts, explanation or evidence provided as to why the Class 4 minor alterations to land exemption "would" apply. A Class 4 exemption cannot be used for projects that, even if ordinarily insignificant, may in a particularly sensitive environment be significant, or when the cumulative impact of successive projects of the same type in the same place over time is significant or where there is a reasonable possibility the activity will have significant effects on the environment due to unusual circumstances. Here, the City has not addressed, let alone analyzed, that there could be 100 people visiting each trailer/truck per day (i.e., "hopefully" 200 people per day per the vague statements of activity) at a small site without adequate waste disposal or parking facilities. What is the impact on the environment if all 200 people arrive during peak hours? Where is the vehicle miles traveled analysis? Where will visitors park cars, or will visitors instead have cars idling in the street (in which case where is the air quality analysis)? The TUP is not a mere "minor alteration to land." (See e.g., Los Angeles Dep't of Water & Power v. Cnty. Of Inyo (2021) 67 Cal.App.51h 1018, 1038-1039.) The City also maybe improperly "piecemealing" or "segmenting" the environmental analysis, which is a violation under CEQA, by approving one trailer/truck at a time. It is unknown if additional trailers/trucks are being considered by the City for the Property, but the Property owner has alluded to having ten trailers/trucks onsite. CEQA requires that the whole of an activity be considered in an environmental analysis, rather than dividing a project into a number of pieces to minimize the environmental impacts of a project by evaluating individual pieces separately. (Berkeley Keep Jets Over the Bay Comm. v. Bd. of Port Comm'rs, (2001) 91 Cal. App. 4th 1344, 1358; E. Sacramento Partnerships for a Livable City v. City of Sacramento (2016) 5 Cal. App. 5th 281, 293.) CONCLUSION The City should reverse the TUP approval and deny the TUP. The TUP as a whole is subject to appeal (i.e., both food trailers/food trucks), as the City did not proceed with approving 85 10538-128938\1634158.1 May 29, 2024 Page 8 a new, separate TUP for the second food trailer/food truck. The grounds for appeal are as follows: the City did not proceed in the manner required by law, and the TUP was issued in violation of various City Code provisions and State law; the TUP was approved based on inaccurate or misleading information (i.e., that the use was permitted when the use is not permitted under the City Code); the findings which were the basis of the approval cannot be made and are absent from the record; the continuation of the use is detrimental or incompatible with other permitted uses in the vicinity; the noise, smoke, lack of parking and lack of bathroom facilities from and on the Property will impact the center, its tenants and the surrounding area; the use is out of character with the area; the use is a nuisance; and the TUP may also be in violation of condition of approval number 5. We request notification of the appeal hearing date at least thirty (30) days' prior to the hearing. If you have any questions, please contact me. Sincerely, Sarah Kleinberg Encl: TUP 2024-0001. cc: Honorable Linda Evans, Mayor [levans@laquintaca.gov]* Jon McMillen, City Manager & Executive Officer Umcmillen@laquintaca.gov]* William H. Ihrke, Esq., City Attorney [BIhrke@rutan.com]* Cheri Flores, Planning Manager [clflores@laquintaca.gov]* Sijifredo Fernandez, Associate Planner [sfernandez@laquintaca.gov]* Wells Marvin [wellsmarvin@gmail.com]* Katy Abel [katy@oldtownlaquinta.com]* Blake D. Senet, Esq. [bsenet@j acksontidus. law]* *via email only 10538-128938\1634158.1 ATTACHMENT 6 Rutan sr Tucker, LLP ORANGE COUNTY RUTAN 18575 Jamboree Road, 9th Floor PALO ALTO Irvine, CA 92612 (714) 641-5100 Fax (714) 546-9035 SAN FRANCISCO RUTAN & TUCKER, LLP www.rutan.com SCOTTSDALE A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS MEMORANDUM TO: Honorable Members of the La Quinta Planning Commission and All Interested Parties in Admin. Appeal No. 2024-0001 of TUP 2024-0001 FROM: BillIhrke City Attorney DATE: July 9, 2024 RE: Proposed Process for Conducting Hearing on Administrative Appeal The California Constitution grants to cities numerous powers, including what is commonly known as the "police power" that serves as the foundation for cities to enact and enforce zoning laws. While policy considerations and the adoption of zoning laws involve the exercise of a city's "legislative powers," periodically the decisions made by the administrators of a city's adopted zoning laws may be disputed or challenged. When there is a such a dispute or challenge, this may result in an administrative appeal that requires a city to exercise "quasi- adjudicatory" or "quasi-judicial" powers. This Memorandum is intended to serve as a primer and proposed method for the Planning Commission for the City of La Quinta ("Planning Commission" and "City," respectively) to hear and consider the above -referenced administrative appeal. 1. PROPOSED PROCESS FOR HEARING AND CONSIDERING THE ITEM Based on legal authority summarized below, and based on general standard practices for conducting Business Session and Public Hearing agenda items before the Planning Commission, the following process is proposed: ➢ The Chair calls the item for consideration. o Item may be thought of as being similar to a business session or public hearing item, even though the item is not required to be conducted as a public hearing. o Planning Commissioners should disclose whether they have had any meetings with the appellant or any other interested party, such as the permittee, tenants of appellant, or food truck vendors benefiting from the permit. o Planning Commissioners should disclose whether, prior to consideration at this meeting, they have made any material public statements, such as to the press, concerning a position advocating for or against the item on appeal. 698/015610-0206 20813840.1 a07/03/24 87 Honorable Members of the La Quinta Planning Commission and All Interested Parties in Admin. Appeal No. 2024-0001 of TUP 2024-0001 July 9, 2024 Page 2 ➢ City Attorney summarizes the item and the role of review by the Planning Commission. ➢ Chair calls the appellant and its representatives to present testimony. o Recommended total allotted time: 15 minutes; appellant may ask the Chair to reserve time for any rebuttal or closing statement. o Written evidence was submitted prior to hearing, and additional written evidence may be received during the hearing. o Planning Commissioners may ask questions during testimony, which would not count towards 15-minute total allotted time. ➢ Chair calls Director of Design and Development and City's representatives to present testimony o Recommend total allotted time: 15 minutes; City may ask the Chair to reserve time for any rebuttal or closing statement. o Written evidence was submitted prior to hearing, and additional written evidence may be received during the hearing. o Planning Commissioners may ask questions during testimony, which would not count towards 15-minute total allotted time. ➢ Chair calls other persons, if any, claiming an interest in the appeal to present testimony. o Recommend time for any other interested party: 3 minutes. o Written evidence may be received. o No rebuttal time may be reserved. ➢ Chair asks each Planning Commissioner if there are additional questions for the appellant, City, or any other interested party. ➢ If time was reserved, Chair calls appellant and City for rebuttals or closing statements. ➢ Chair asks for discussion among Planning Commissioners based on testimony and evidence presented. ➢ Chair calls for action by the Planning Commission. o Action may be one of the following: ■ Sustain, reverse, or modify the original decision; ■ Continue the appeal for further consideration; ■ Refer the application back to the original decision -making authority with directions. o Action by the Planning Commission to reverse or modify the appealed decision requires a majority vote of Members present. o If there is a tie vote, the original decision stands. ➢ Chair or Secretary announces action taken. 698/015610-0206 20813840.1 a07/03/24 Honorable Members of the La Quinta Planning Commission and All Interested Parties in Admin. Appeal No. 2024-0001 of TUP 2024-0001 July 9, 2024 Page 3 In accordance with the Rules of Procedure governing the Planning Commission, and pursuant to general standard practices, the Chair as presiding officer generally governs the meeting and may make accommodations or limitations as the item is considered, including order of calling parties to present their cases and any allocations of time to present testimony. Z SUMMARY OF CITY'S PROCEDURES FOR ADMINISTRATIVE APPEAL The City enacted as part of its Zoning Code (Title 9 of the La Quinta Municipal Code ("LQMC")) administrative appeals procedures. LQMC Section 9.200.110 governs administrative appeals relating to Zoning Code decisions, and, as is the case here, an interested person may appeal a decision of the Director of the City's Design and Development Department to the Planning Commission. (LQMC, § 9.200.110(A).) If, as is the case here, the City's original approving action did not require a public hearing, the administrative appellate review does not require a public hearing. (LQMC, § 9.200.110(C)(4).) Because the Planning Commission is the reviewing body, other state laws, such as the open and public meetings requirements in the Ralph M. Brown Act (Gov. Code, § 54950, et seq. ("Brown Act"), also apply. Pursuant to the Brown Act (Gov. Code, § 54954.3(b)), the La Quinta City Council ("City Council") adopted Rules of Procedure for all public meetings of the Planning Commission, and other City boards, commissions, and committees. Specifically, City Council Resolution No. 2022-028 has the Amended and Restated Rules of Procedure for Public Meetings for Boards, Commissions, and Committees ("Reso.2022-028"). As with every public meeting of the Planning Commission, the Chair is responsible for running the meeting and maintaining decorum, including the enforcement or allowance of additional time to speak beyond the general 3-minute limit for public comments. (See, Reso. 2022-028, §§ 2.6, 3.2, 3.7, 4.1.) Decisions by the Chair concerning the conduct of a meeting, including an administrative public hearing, are subject to consultation with other Planning Commissioners and the City Attorney. While a majority of the membership of the Planning Commission may override a decision by the Chair (Reso. 2022-028, §§ 4.1, 4.11), most if not all rulings by the Chair are made after consultation with all Planning Commissioners and their consensus. As a public meeting, the Brown Act requires the Chair to allow any person to address the Planning Commission regarding this item, but, because the administrative appeal is specific and "quasi-adjudicatory" in nature, the Planning Commission may refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or written correspondence at or before the time the item was considered. (LQMC, § 9.200.110(C)(5).) 698/015610-0206 20813840.1 a07/03/24 Honorable Members of the La Quinta Planning Commission and All Interested Parties in Admin. Appeal No. 2024-0001 of TUP 2024-0001 July 9, 2024 Page 4 3. SUMMARY OF LEGAL REQUIREMENT OF IMPARTIALITY Because the Planning Commission will be acting on behalf of the City, a government agency, the U.S. and California Constitutions require a minimum of "due process" when reviewing any administrative appeal. In quasi-judicial actions, like the case here, due process requires decision -makers to be fair and impartial. (Cal. Municipal Law Handbook (Cal. CEB, 2023), § 10.436 [citing, English v City of Long Beach (1950) 35 Cal.2d 155, 158].) As a best practice, Planning Commissioners who have ex parte contacts or who have received other information on this matter now pending before the Planning Commission should disclose at the start of the public meeting all such contacts and any information received, with a statement indicating whether these contacts or information have biased them. This also allows the appellant and any interested parties to respond or comment on the information as required for a fair hearing. (Ibid.) Additionally, as the Planning Commission has been advised, there should not be an "unacceptable probability of actual bias" from any Planning Commissioner by expressing a strong personal position to the public or press prior to considering the appeal, thereby maintaining the touchstone of neutrality prior to hearing the matter. (See, Woody's Group, Inc. v. City of Newport Beach (2015) 233 Cal.AppAth 1012, 1022.) 4. CITYATTORNEY'S OFFICE NOTICE REGARDING SEPARATION OF ADVISORYAND ADVOCACY FUNCTIONS Due process requires the internal separation of the prosecutorial and advisory functions of staff who work on a particular case. (See, Morongo Band of Mission Indians v State Water Resources Control Bd. (2009) 45 CalAth 731, 737.) `By itself, the combination of investigative, prosecutorial, and adjudicatory functions within a single administrative agency does not create an unacceptable risk of bias and thus does not violate the due process rights of individuals who are subjected to agency prosecutions." (Id.) While the administrative appeal is not an agency prosecution, the Planning Commission is advised that the City Attorney's Office nonetheless followed a best practice to set up a "firewall" and directive for internal separation of duties. The City Attorney, Bill Ihrke, will serve as the advisory attorney to the Planning Commission, and another attorney in the City Attorney's Office, Jessica (Jess) Sanders, has served and will serve as the City's advocate, in connection with the administrative appeal. 698/015610-0206 20813840.1 a07/03/24 Are BUSINESS SESSION ITEM NO. 2 City of La Quinta PLANNING COMMISSION MEETING: July 9, 2024 STAFF REPORT AGENDA TITLE: APPOINT A PLANNING COMMISSION CHAIRPERSON AND VICE CHAIRPERSON FOR FISCAL YEAR 2024/25 RECOMMENDATION Appoint a Planning Commission Chairperson and Vice Chairperson to serve for fiscal year 2024/25. EXECUTIVE SUMMARY • The July 9, 2024, meeting is the first regularly scheduled meeting of the Planning Commission (PC) for the 2024/25 fiscal year. • Pursuant to La Quinta Municipal Code 2.06.050, the PC, at its first meeting held after June 30, shall vote to elect one of its members as Chairperson and elect another as Vice Chairperson. BACKGROUND/ANALYSIS In accordance with La Quinta Municipal Code 2.06.050, "unless otherwise provided by law, ordinance or resolution of the city council, each board, commission and committee shall choose one of its members as chairperson and one as vice chairperson at its first meeting held after June 30th of each fiscal year." Pursuant to this section, staff has placed this item on the agenda for selection of a Chairperson and Vice Chairperson. Previous appointments are as follows: Election Date Chairperson Vice Chairperson 08/22/2023 Stephen Nieto Doug Hassett 07/12/2022 Loretta Currie Kevin McCune 07/13/2021 Stephen Nieto Loretta Currie 09/08/2020 Michael Proctor Stephen Nieto 07/09/2019 Mary Caldwell Michael Proctor 07/24/2018 Kevin McCune Mary Caldwell Voting Procedures: All actions must be taken on a majority vote or by a majority of the quorum present. On the passage of every motion, the vote shall be taken by voice or roll call as appropriate. The presiding Chairperson will open and close nominations to the Commission for Chairperson and Vice Chairperson. The vote will be taken, and the Chairperson and Vice Chairperson selected. Tie Votes: In the case of a tie vote, an additional motion is made which obtains a majority vote to break the tie. If a tie vote results at a time when less than all members are present, the matter shall automatically be continued to the next regular meeting, unless otherwise ordered by the body. Prepared by: Tania Flores, Administrative Technician Approved by: Danny Castro, Design and Development Director POWERPOINT PLANNING COMMISSION JUNE 25,2024 Planning Commission Meeting July 9, 2024 5:00 p.m. CAL 1P � 7w Planning Commission Meeting July 9, 2024 PH1 — Calle Estado Mixed Use SDP2022-0013 Proposal 9 Three Mixed Use Residential Buildings 0 5,400 sf total commercial square footage • Six, Two -Bedroom apartments ranging from 922 sq ft to 947 sq ft Vicinity Map 1 FF"r A0, PLANNING COMMISSION MEETING July 9, 2024 n. 3 Side Elevations (All Buildings) - Commercial Entrance Side Side Elevation (Building B) -West Side ■ i PLANNING COMMISSION MEETING July 9, 2024 m 10 5 PLANNING COMMISSION MEETING July 9, 2024 11 12 A Renderings I Renderings 7dL PLANNING COMMISSION MEETING July 9, 2024 r"roVCG 15 16 ruwrLiWfp ...,�acr. Am■ev ��w air .w+ �nNo nrw�.e .n ,r�lsa. x'Gx4l l.L1p✓GIIGw M t •rAAPE 15-6T ✓SUY 10- U S LWAO ! wyL■ YW£YJ`RCMAIA -R �Ixi LM- NCR40. A no YII[Ck' F� ! 7 YN xA1jF I$L fiaI ON *C—Ic ow FEW 7 7 +vkvn La+1 }+ 4NF3MI UADEN ■ll e RAW »x1FR i oPx rw iarHCOMM tih�+ri Fm 1u 17 r u tKTu• Findings • PC must make findings that: — Find the SDP consistent with Zoning Code and General Plan and consider the architecture, landscaping, and site design and apply COA Recommendation 1) Adopt a resolution to approve SDP2022-0013 for a new mixed -use project and find the project is consistent with the previously adopted Environmental Impact Report which was prepared for the Village Build Out Plan Environmental Assessment 2016-0012. CALIFORNIA Planning Commission July 9, 2024 Business Session Item 1 —Temporary Food Trailers Appeal 2024-0001 Temporary Use Permit 2024-0001 PLANNING COMMISSION MEETING July 9, 2024 21 22 7N A Project Site t I I-- d d I - all I W.7 -AL N 4 .. Lw ,IKE w-waar lao NY afYAQ Aloe IYYI i - -r RK Mia' if !d 4sow Pon .9. W, —;- — -i- — ­9 "& rwD Agri mv.9 AW 'IN PSUIN M UJ W rLVW -1A RrAX LOT 5 BLOCK � 2-11- LD 7 P5 MOLK LO I"Tmrf LV fJ7E--FLM AM }1=dl ,wr ln-2m 11 Temporary Use Permit • TUP has been issued for a period of 18 months, with an expiration date of September 18, 2025. • Up to two food trucks can operate on the site between the hours of 8am and 8pm, a few days a week based on weather, sales, and customer feedback. Temporary Use Permit • Food trucks are removed from the site at the end of each day of operation. • The front of the site was improved with decomposed granite to meet ADA accessibility requirements and to stabilize the ground. • A temporary power pole was issued by IID to provide the site with power Grounds for Appeal #1 Approving a non -listed use without following Code section 9.20.040 on similar use determinations. Approving the TUP without the required findings, substantial evidence to support the findings, or findings that are sufficiently detailed to bridge the analytical gap between evidence and the approval. Grounds for Appeal Analysis: • LQMC Section 9.80.020 provides Table 9-5 listing the Permitted Uses in Nonresidential Districts, which includes the Village Commercial District. • For uses not listed in Table 9-5, LQMC 9.20.040 establishes the Director's authority to determine if unlisted uses shall be permitted in a zoning district, subject to making the following findings: Grounds for Appeal Analysis Findings: a. The proposed use is consistent with the goals and policies of the General Plan. — Land Use Element, Goal LU-6 of the La Quinta General Plan — Economic Development Chapter of the General Plan — Program ED-1.3.a of the Economic Development Chapter of the General Plan Grounds for Appeal Analysis Findings: b. The proposed use is compatible with the purpose and intent of the district in which it is to be located. — LQMC 9.70.100A Purpose, the temporary food truck use is compatible with the purpose and intent of the Village Commercial District — LQMC 9.70.100.13, the temporary food truck use is consistent with the permitted uses in the Village Commercial District Grounds for Appeal Analysis Findings: c. Proposed use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use. — Use is intended primarily for walk-up dining — Serving both locals who live and work in the vicinity as well as to tourists and visitors. — Public parking lots available to the public — Conditions include site to be kept clean; trash receptables; compliance with outdoor noise ordinance — The food truck use operates under a TUP, it is not a permanent use but is temporary, with a specified, limited timeframe of operation of 18 months, until September 18, 2025 — Activates a vacant site in the Village offering an alternative dining option. Grounds for Appeal Analysis In approving the TUP, Planning staff reviewed the proposed use under LQMC Section 9.20.040 and determined that the food truck use is a permitted use pursuant to a TUP. These findings are included in the TUP approval. Grounds for Appeal #2 Approving a non -listed use as a food trailer and/or food truck use when the use more closely fits the City's definition of a portable outdoor vendor use which is only permitted as an accessory use with a minor use permit. Grounds for Appeal Analysis — Director's authority to determine that an unlisted use pursuant to LQMC 9.20.040 — Findings were made that the food truck use is a permitted use with a TUP • The use is consistent with the goals and policies of the General Plan • The use is compatible with the purpose and intent of the district in which it is to be located • The use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use Grounds for Appeal #3 Approving the use as a "relocatable building" even though the approval does not state so, as the City has described the use as a food truck rather than a building, and the City Code provisions on "relocatable buildings" were not complied with as relocatable buildings are only allowed if the underlying use is a permitted use and a bond is filed. Grounds for Appeal Analysis — Planning staff did not make the determination that the food truck use is similar to a "relocatable" building — LQMC 9.20.040 establishes the Director's authority to determine that the food truck use is a permitted use with a TUP — Findings were made that the food truck use is a permitted use with a TUP Grounds for Appeal #4 A temporary use permit requires, at a minimum, Director approval, and this TUP was approved by an Associate Planner. (City Code, Section 9.200.020). Absent an express delegation to an associate planner, this is another violation. Grounds for Appeal Analysis — LQMC 9.10.070 states "Director" means the city manager or designee — Associate Planner who issued the TUP approval acted under the direction and authority from the City Manager and Design and Development Director Grounds for Appeal #5 Failing to follow the City's "Procedures for Staff level decision reporting -Development Code Tune Up Implementation, " dated April 20, 2017 that is part of the City's standard operating procedures and to post the TUP approval on the City's website to provide notice to the public and decision -makers Grounds for Appeal Analysis — TUP approval was published on the city's website and sent to the Planning Commission and City Council on April 3, 2024. — The amended staff level decision was made available online via Laserfiche on May 17, 2024. Grounds for Appeal #6 Due to alleged noncompliance with the LQMC, the TUP is a nuisance. Analysis — TUP was issued in compliance with the LQMC, and accordingly cannot be a nuisance on those grounds Grounds for Appeal #7 Approving the TUP includes a blanket finding that the proposal is in compliance with CEQA and "would be exempt" from CEQA pursuant to Section 15304, Minor Alternations to Land. There is no actual determination as to CEQA compliance Grounds for Appeal Analysis — TUP approval specifically references Section 15304 - Minor Alternations to Land allows for minor temporary uses of land; exempt thereunder — No permanent improvements or building construction on the site — Food truck/trailers and trash receptacles are to be removed from the site at the end of each day of operation — Site is to be kept clean and free of debris, as conditioned. Grounds for Appeal #8 TUP condition of approval number 5 requires the applicant and operator to obtain a City business license, and the Applicant/Property owner was also notified on March 28, 2024 via City staff that 760 Teppanyaki still does not have a business license which is violation of the TUP. Analysis — 760 Teppanyaki obtained their business license on April 4, 2024, prior to operating their food truck business on the site. Grounds for Appeal #9 In approving the TUP, the City violated Government Code section 65863 by failing to provide the required findings necessary to permit development of a site included in the City's Housing Element. The Property, as well as neighboring properties with APN numbers 773078006 and 773078007, is designated in the City's Housing Element as a site for very low, low and moderate income housing. Grounds for Appeal Analysis — Subject parcels are identified on the City's inventory of sites in its Housing Element to accommodate four (4) residential units in the very low, low and moderate income categories — TUP does not reduce the density of the parcel's development potential — While staff does not believe the TUP triggers a requirement to make No Net Loss Law findings, those findings could easily be made — TUP approval is consistent with the General Plan — The remaining sites identified in the City's Housing Element are sufficient to meet the City's share of its RHNA Alternatives Planning Commission may take one of the following actions: a. Sustain, reverse or modify the original decision. If an original decision to approve a project is modified, Planning Commission may modify permitted land uses, place additional or different conditions of approval on the project, direct that revisions be made to project plans, or require other project modifications. b. Continue the appeal for further consideration. c. Refer the application back to the Design and Development Director with direction. Recommendation Adopt a Resolution to deny Appeal 2024-0001 and sustain staff level decision approval of Temporary Use Permit 2024- 0001 to operate two temporary food trailers located on parcels 773-078-016 and 773-078-017 in the Village Commercial District. C:ALIFQRNLA Planning Commission Meeting July 9, 2024 Break in Progress W.2�- r'7! - `fi WRITTEN COMMENT ITEMS NOT ON THE AGENDA TRAVERTINE PLANNING COMMISSION JULY 97 2024 Tania Flores From: Alena Callimanis <acallimanis@gmail.com> Sent: Tuesday, July 9, 2024 10:24 AM To: Planning WebMail Cc: Tania Flores; Cheri Flores Subject: For the Planning Commission meeting - Items not on Public Agenda - to distribute for July 9. 2024 meeting Attachments: Alena Callimanis Matters Not on the Planning Commission Public Agenda July 9 2024.pdf, Travertine DER comment lettters.pdf; Untitled attachment 00008.txt I will be speaking on items not on the Public Agenda at today's Planning Commission meeting, July 9, 2024. Can you please distribute these items to the Planning Commissioners. Or please let me know if I instead need to provide copies and how many. Thank you very much. Sincerely, Alena Callimanis 81469 Rustic Canyon Drive La Quinta, CA 92253 919 606-6164 Concerns about Travertine Applicant Statement during the June 25 Planning Commission Meeting and DEIR comments Alena Callimanis 81469 Rustic Canyon Dr. La Qu i nta CA 92253 5/28/24 Planning Commission plays a Vital Role for the City Council • The City Council cannot possibly read over 1000 pages of an EIR • Your recommendations are critical • You reviewed the Final EIR for Coral Mountain • You reviewed only a draft EIR for Travertine which did not include responses to the agency and public comments made on the December version of the DEIR • I have asked Cheri Flores to provide to you a PDF of the comments that were submitted in December 2023 • I believe if you had access to that PDF, you would have postponed recommending approval of the EIR until the Final EIR was available 5/28/24 During the June 25 Planning Commission Meeting, Applicant Mark Rogers was asked the following question by a Commissioner: "Are there any obstacles to completing the Jefferson extension from a legal perspective, with the Coral Canyon development, with any regulatory issues; I have already heard it has been well researched from the EIR perspective, so no CEQA issues. Are there any obstacles if tomorrow you wanted to build the Jefferson Extension can you do it?" The answer from the Travertine applicant Mark Rogers: "There are no obstacles." 5/28/24 As we were doing more research getting ready for the City Council meeting, we found this statement in the DEIR Urban Crossroads Appendix M.1 5.2 PROJECT TRIP DISTRIBUTION page 55: (Zoomed in on next slide) S PR61EO PHME 2 TRAFFICANAILYZ Thn va w rmv' . .." FIhir ! LPWd—. RhKh I WdA ELWgr 121151 �, n1.1�1[L /mh. C1 h Irihr Hr 14 rran, r.rlWrr. anrkpl Mln har11L and TTaj[¢ UTA1 lCr rrvAiprthEMane:MCMpdn I;L nruhLlL and,1La6Lray l.aylnlrnl E*A11tr Md4WLay Ap prawn U,d. fL f4loir P- u]La Llu: ar.l TYa Gkk TW. M.yL1 NY.. j 1..In1:L111.11r L1 li , u, 111 WN. Jnd +'[II#1 473 -9. r. 19, do L.LIMtl +n'1..•h11A1 "M hT IIII.M• rryIIRhIle IInn And ra 17 —Nijp.k tl loulf W—. pall .uMrty, and W nqun slammaesuunq Trp rf11r1at- 10R nR n_,,h y PI I ,rJR y 1 L. Ph—] lellQlltllll. as O.L"1 uh 1a1MP S. I of ..7d7hrprna—d Pr1rk['r.r1n[ Aw MP m.. -al a ILIAY..Lnn.1 n,a.na. Mr rG ar /1111 }p1ub•1a"yw.1h 5H7anu11Y hllillw p.1I—leMPM:&pIrA LMr kdwW pear M.+ .•d �21.h.a..l 4RI J.rn1� LI14 wn4l•7 NM1I r.�'mr SA hgxL TT—Oanlw+lml La•rrgxtnh-7ha}-1w. PuLk 1-1.Luu.o r. r1-d.d: 11 1F.. ••.r4=r�.Lw1 nI$o Ih W_LC al an rtpnnl SeL•Iae 14&-k— Ilwrlalp LerlJll. •IUFiM,}`.�8r1 •.Ir.•4Rh .r a.rlwr IN. Ilnd 71 The--I..n.1—n .t An 67 n � rrgrrrrr. xrL� IL&� Pa•Y111M1L—1I.11. +b"L. 1n. 1lnlall Tldr!. 51T1. III 1f 41: )1_1 ILCrT:saln .1I1, Ph— 1 ..ndrpam� rh mPan—lu, Ph. P111110Mp—HALIMLI, �r.alladL �p1[l�dm -L +x Alyrn FhaLrf1uv11 „r•,, IP1mnnM.T r_,.LL U..r. W, 1" wih grraHrnMr4 ,IPA a4 l+ahlr .n1,6 9w 5..•L.•Ir wdr _ nI +5..r..• i; w.w nt �irrroe ir.., ..d �npnl..n.I.IL 5SM qi 1t.11k uPr7 aaLLtllwlY nrwa>or1 al SauLh ..Mane, 5.tinh aL Mwur R %WIN la Phn 1ran6r .ygrwl,lMt, MLeL nLyw11,thl n..n,1 rnrn �I Mwn ]f IL .hW1d s rrL%w1 LIu1 r. rQr 0 mmw 1 s?nxnM1 IMP— 7t I- Hut I,— .,-Ipd M rslparre GTRnIs r]ILM. L rmgLw161 1N Ma a1 ry. rapa.11-l�kem I.IIMT SI1— rrrrr+1r11rPLTrgnr hanrra.rym+,.51.•4lSlv,.x'9LTA may,1,M k'S111a Wn,,, Pjrha f11n.a! YI1aw 7{74Yi4k L11rLj yrar M1 rh■u I I"in aSaw nw.. i-11 M1 Shp 1I1urb11ur5 panNM ra Lf nL.111P4. Y.h W1 P614w A w UarSIIn Ylrl.url4PPr'1 5.3 talkpSiyplY.lpI.Wl�.txr A.LM 1r -I1r ttnlndKrta D[Dm +P.�ar 7 MOU Yr.Lrn ma nil—Cr1amiun pamrx, pfw. pnh AorpPd Yaxakd. /hr.rLd PRf ha.4lLhur�•1lrlrectv,Twnly rc5rnerllxAwn.1■aMwn all 1111•bbll Ste, rrLl,r.ln.lw 5/28/24 O 55 Here is the section from the prior page zoomed in It should be noted that an optional Phase 2 scenario (Option 2) has also been evaluated in response to City of La Quinta's request to modify the analysis without the future Jefferson Street connection from Project boundary to Avenge 58 singe BL 1 may not grant a permit by the current Phase 2 (20 9) build year. For Phase 2 Option 2 scenario, the off -site trip distribution pattern is consistent with Phase I which utilizes Avenue 62 as the sole access point, 5/28/24 5 • Mark Rogers said there were no concerns for building the Jefferson extension • Clearly there are major concerns. • Why was this information withheld so that the Planning Commission understood there could be delays on Jefferson street due the the Bureau of Land Management approvals? 5/28/24 Planning Commission Deliberations 6/25/24 • Deliberations lasted for 50 minutes • The use of Ave 62 elevated roadway vs the use of the Jefferson Street Extension were the big topics of discussion • There was no discussion during the meeting of any BLM approval issues for use of Jefferson St. extension for the Travertine development Can you request a "hold" on your decisions until the Final EIR? • The tentative date for Travertine on the City Council Meeting is August 6 • That means the Final EIR must be available 10 days before the City Council Meeting which would tentatively be July 26 • In order for you to provide a more accurate recommendation to the City Council, should you not review the Final EIR prior to the City Council meeting? 5/28/24 TWENTY-NINE PALMS BAND OF MISSION INDIANS 46-200 Harrison Place. Coachella, CA. 92236. Ph. 760.863.2444. Fax: 760.863.2449 January 30,2024 Cheri Flores Planning Manager La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: Notice of Availability of A Draft of A Environmental Impact Report Dear Ms. Flores This letter is in regards to an informal consultation and in compliance with CEQA and Notice of Availability of a draft environment report for Travertine Specific Plan Amendment . The project site encompasses an area of approximately 855 acres in the southeastern portion of the City of La Quinta. The project would amend the adopted Travertine specific plan to provide for the development of a mix of uses including up to 1,200 dwelling units of varying residential product types and two community parks on 378.8 acres; a 38.3 acre resort/spa facility with a 45,000 square foot boutique hotel with a 175seat restaurant, 97,5000 square feet of resort villas, and 8,700 square feet of spa and wellness center; a 46.2 acre resort/golf facility with a 5,5000 square foot golf academy, a 1,000 square foot clubhouse, and 10,000 square —foot banquet restaurant (500-seat capacity). After reviewing the proposed project, the Twenty -Nine Palms Band of Mission Indians has determined: The project is outside of the known Chemehuevi Traditional Use Area. The other tribes who do have cultural affiliation with the project area should be contacted. If you have any questions, please do not hesitate to contact the Tribal Historic Preservation Office at (760) 775-3259 or by email at Christopher.Nicosia@29palmsbomi-nsn.gov. Sincerely, Christopher Nicosia Cultural Resources Manager, Twenty -Nine Palms Band of Mission Indians M � _ . � Bighorn Institute f' r f.npn r+f December 11, 202 Hi-lhTORA &Y CH A I r{ M A N UF FL111CjRAISP.J. Nils. Cheri �' ores Ir..mcmV i.sr.: City of La uinta ticruld R- Furd 78-495 Ca1Le Tampico j•Yek,f'+',.:aku+.nf flit E +:tfwf-%fr, La Quinta* CA 92253 RKBIL FNI E- -l;t TUr I•rlowl,x Cane. "J)• Sent Via Electronic Mail, Clflores aaguintaca,gov Frees; W, Hahn anb Tlou 3W Dear 11ris. Flores: CImles V1,1rnrFer. D.ti'A RAChurd C. N'kC i �nz Alc,afWrr J_ SI:•_L,-,. We are: w itirkg to comment on the Travertine Specific Plan Amen druent Dr GOARD ()� DIRECTORS EIR (DLIR. SCH#20180011023). We have some concerns as they relate to t��� Eti4si„ the endangered Peninsular bighorn sheep and the potential for them to be negatively impacted by this project. Dasr staekwft" Era -mar Fr_: AnLnu-frr R,,;L,,J BrAmL 1] VAL: Regarding mitigation measures relative to the bighorn sheep, B10-1 states an 8 rtLr n _,a n, foot high wiUife fence will be constructed. There are two issues with this KeniAr r.,-,' fence. First, it doesn't go completely around the project, which could allow Rstrd} t e r bighorn sheep the ability to access the project area. The %ildlife fence needs to completely enclose the project. Second, the DELR doesn't state when f} iCric C ni 'ti exarfly the fence Will be consta+t cted, but it must he built before any [3:e'Jlfr33�. ['s�u�r�,;di3 s, Iti : nt. Fodor construction takes place on the project land. All efflom should be made to Roll,-) ..i,I71mn1. 14.t� prevent any bighorn -urban issues before they can occur so they don't become J4.1::I- I_ 5xide" compouadcd as they are now on the gclf courses in La Quinta ('Tradition """` ! south to The Quarry). We have documented 57 known bighorn sheep mortalities on or near these golf courses and Lake CAW IIa since a fence was 'amm R. Dc't'r=r required by the wildlife agencies luck in 2014 and this fence is still not built uet-riFlk: i�+fxCRlr R.aJ,L'� Rh!Ji �r The DEJR states that there will be a trail around the perimeter of the project, �rAc4rsf which appears to be outside of the Wildlife fence rather than inside the prof mi AT)VI50as itself: If this is the case, this proposed trail should be eliminated. This project. v 6rk-a Jorwnsw should in no way promote entry into the adjacent conservation area in which #,D.T,:14 �Ze &U4 Peninsular bighorn sheep reside. This trail has the potential to allow people Igo Vulva PKiX and dogs irtio sensitive sheep habitat and illegal riails are bound to stem from Il�l� this trail. The DEIR specificaLly notes multiple~ times that "predation by i 5c�ri *b}.Ct dornestic pets" and unauthorized access could occur_ The mitigation measures to prevent these issues are inadequate. Mitigation measure BI0-5 notes that `;-na trespassing" will be placed at legally enforceable intervals, but there is currently no trails enforcement program in place and we have learned that signs are ineffective deterrents, particularly "no dog„ sighs. Pd1.&xtc-,ra i'kim urs_rr.carlrr.tma92-,eI-wiz TK1,7Nri ., - - -.- tilS.A ..�rBietortiIM4iLOCC,lrli� «w+titi 0:J ihoriliRwtiO&Ic.tir_ Page ? We are concerned with the two water tanks proposed in the DEIR talcing up open space and their specific location, which is closest to the mountains and sheep habitat. There should be plenty of protect space for these water tanks to be Put within the proposed developed area and actually leave open space nataral without any improvements. If these water tanks roust go in tllc open space south of the project, it would be better if they could go southeast of the project development, furthest away from sheep habitat to keep a]l disturbance as far away from the sleep as possible_ Finally, we are concerned with the fact that the USF 'S biological Opinion for an earlier version of this; project was issued in 2005 and CDFW wrote a letter of concern an 2020 regarding the notice of intent to prepare this DEIR. but have bath agencies fully reviewed and signed effon the project and its mitigation measures? We did not find this documentation in the city files orAill e. Thank you for the opportunity to prok� de cornments on this project. Best regards, 4ec es R. DeForge utive Director Research Biologist State of California — Natural Resources Agency GAVIN NEWSOM, Governor - DEPARTMENT OF FISH AND WILDLIFE CHARLTONH. BONHAM, Director :. .�': Inland Deserts Region 3602 Inland Empire Boulevard, Suite C-220` Ontario, CA 91764 www.wildlife.ca.gov December 15, 2023 Sent via email Cheri Flores Planning Manager City of La Quinta 78495 Calle Tapico La Quinta, CA 92253 Travertine Specific Plan Amendment (PROJECT) Draft Environmental Impact Report (DEIR) SCH# 2018011023 Dear Cheri Flores: The California Department of Fish and Wildlife (CDFW) received a Draft Environmental Impact Report (DEIR) from the City of La Quinta (City) for the Project pursuant to the California Environmental Quality Act (CEQA) and CEQA guidelines.' Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife. Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code. CDFW ROLE CDFW is California's Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State. (Fish & G. Code, §§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd. (a).) CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. (Id., § 1802.) Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on Projects and related activities that have the potential to adversely affect fish and wildlife resources. 'CEQA is codified in the California Public Resources Code in section 21000 et seq. The "CEQA Guidelines" are found in Title 14 of the California Code of Regulations, commencing with section 15000. Conserving Caffornia's Wildlife Since 1870 Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 2 CDFW is also submitting comments as a Responsible Agency under CEQA. (Pub. Resources Code, § 21069; CEQA Guidelines, § 15381.) CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW's lake and streambed alteration regulatory authority. (Fish & G. Code, § 1600 et seq.) Likewise, to the extent implementation of the Project as proposed may result in "take" as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), the Project proponent may seek related take authorization as provided by the Fish and Game Code. PROJECT DESCRIPTION SUMMARY Proponent: Hofmann Land Development Co. Objective: The Project proposes a Specific Plan Amendment to the 1995 Travertine and Green Specific Plan (referred herein as the "1995 Specific Plan"). The proposed Project covers an area of 969.02 acres, of which 553.14 acres will be permanently impacted. The Project proposes the development of a mix of uses consisting of up to 1,200 dwelling units, a resort facility, recreational uses such as a golf training facility, clubhouse, neighborhood parks, a public trail system and recreational open space, natural open space for conservation on approximately 358 acres, and supporting water supply and on -site and off -site drainage and utilities infrastructure. The Project includes the construction of two water reservoirs in the southwest corner of the Project site and improvements to Guadalupe dikes and the construction of a portion of the Jefferson Street extension in the northwest corner of the Project site. The Project also includes the construction of an off -site utility field, including the construction of up to five wells, at one of several proposed locations within a 2-mile radius northeast and east of the Project site. The Project proposes recreational open space including a 5-mile public trail system (Community Grand Loop Trail) surrounding the developed portion of the Project. Desert landscaping using native plants is proposed adjacent to the 5-mile public trail system. The Project also proposes 8-foot-tall fencing surrounding the developed portion of the Project to keep Peninsular bighorn sheep from entering the developing portion of the Project. Approximately 301.2 acres in Planning Area 20 on the southern portion of the Property is proposed to remain as conserved and protected natural open space, and will not be developed, apart from the proposed water reservoirs, access road, and associated infrastructure. The proposed off -site utility field will host the development of up to five well sites and a 2.5-acre electric power substation. The exact locations of these off -site utility field facilities have not been determined; however, based on consultations with the local water and power providers, they are proposed to be located east of the Project property Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 3 and Dike 4, generally between Avenue 58 on the north, Avenue 64 on the south, Calhoun Street on the east, and Jefferson Street on the west. The Guadalupe Creek Diversion Dikes are proposed to be improved as a part of the Project to convey new increased flow rates with freeboard and scour protection as required by CVWD, and in accordance with federal standards for levee certification. Within the Project site, stormwater will be conveyed down the Project site gradient and into two primary surface basins located at the east -end of the Project site. A perimeter flood protection barrier is proposed along the Project's western and southern boundaries to manage alluvial fan flows. The barrier will consist of a raised edge condition with a slope lining to protect against scour and erosion. Approximately 36.89 acres of the Project footprint are within the Santa Rosa and San Jacinto Mountains Conservation Area in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) area, including 15.65 acres associated with the proposed two water tanks and booster station and associated road and infrastructure (6.40 acres of permanent impacts and 9.25 acre of remedial grading), 9.52 acres associated with the Jefferson Street extension, 6.81 acres associated with the improvements to the existing Guadalupe Dike, 4.41 acres associated with offsite flood protection along the western edge of the Project, and 0.45 acre associated with a proposed trail. The Project purposes artificial nighttime lighting for parking lots, gated entry points, common areas, event spaces, courtyards, and pedestrian paths. Along with a Specific Plan Amendment, the Applicant is requesting approval of a General Plan Amendment to change the General Plan Land Use Map for the Specific Plan Project area to be consistent with the land uses proposed in the Specific Plan Amendment, and revise the Circulation Element Roadway Classification Map to remove Madison Street as a General Plan Roadway from south of Avenue 60 to Avenue 62, and to realign Jefferson Street within the boundaries of the Specific Plan. The Project also proposes a Zone Change to revise the City's Zoning Map to be consistent with the land uses proposed in the proposed Specific Plan Amendment. The Applicant is also requesting additional right-of-way along Jefferson Street and Avenue 62 from the federal Bureau of Land Management (BLM) and Bureau of Reclamation (BOR), respectively, in order to widen and/or extend these roads into the Project property. Access to the Project includes a southerly extension of Jefferson Street through future development contemplated in the General Plan, as well as the westerly extension of Avenue 62. Location: The Project site is generally located north of the Martinez Mountains and south of Avenue 58 in the City of La Quinta, County of Riverside, California. The Project site is depicted in the northeast quarter of the United States Geological Survey's Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 4 (USGS) Martinez Mountain, California 7.5-minute quadrangle in Section 32, 33, and 34 of Township 6 South, Range 7 East and in Section 4, 5, and 5 of Township 7 South, Range 7 East. The Project site is located adjacent to the Martinez Rockslide and the Santa Rosa Mountains. The Project is located within the following Accessor's Parcel Numbers: 753040014, 753040016, 753040017, 753050007, 753050013, 753050029, 753060003, 753070005, 753080003, 753080005, 753080006, 764280057, 764280059, 764280061, 766110002, 766110003, 766110004, 766110005, 766110007, 766110009, 766120001, 766120002, 766120003, 766120006, 766120015, 766120016, 766120018, 766120021, and 766120023. This Draft EIR also includes a programmatic evaluation of the off -site utility field where water wells and an electric power substation are planned to support the Project. The exact locations of the off -site improvements have not been determined; however, they are proposed to be located east of the Project site, generally located between Avenue 58 on the north, Avenue 64 on the south, Calhoun Street on the east, and Jefferson Street on the west. Timeframe: The DEIR indicates that construction of the proposed Project would occur over Grading Phases A and B, estimated to take two years each, and the phases may overlap by six months to a year. COMMENTS AND RECOMMENDATIONS CDFW has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (i.e., biological resources). CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. The DEIR has not adequately identified and disclosed the Project's impacts (i.e., direct, indirect, and cumulative) on biological resources and whether those impacts are reduced to less than significant. CDFW's comments and recommendations on the DEIR are explained in greater detail below and summarized here. CDFW is concerned that the DEIR does not adequately identify or mitigate the Project's significant, or potentially significant, impacts to biological resources. CDFW also concludes that the DEIR lacks sufficient information to facilitate a meaningful review by CDFW, including a complete and accurate assessment of impacts to biological resources and an incomplete Project description. CDFW requests that additional information and analyses be added to a revised DEIR, along with avoidance, minimization, and mitigation measures that avoid or reduce impacts to less than significant. Project Description Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 5 Compliance with CEQA is predicated on a complete and accurate description of the proposed Project. Without a complete and accurate Project description, the DEIR likely provides an incomplete assessment of Project -related impacts to biological resources. CDFW has identified gaps in information related to the Project description. The DEIR lacks a discussion of the plans to conserve Open Space Natural Areas located on the southern portion of the Project site. The DEIR also lacks details on the proposed alignment of fencing to both keep Peninsular bighorn sheep (Ovis canadensis nelsoni) out of the developed portions of the Project site and control human access to areas protected for wildlife. Lastly, the DEIR lacks an adequate discussion of plans for artificial nighttime lighting. CDFW requests that the DEIR is revised to include details on plans to conserve Open Space Natural Areas, the locations of fencing for both Peninsular bighorn sheep and human access to wildlife areas, and design plans for artificial nighttime lighting and lighting specifications. To conduct a meaningful review and provide biological expertise on how to protect biological resources, CDFW requires a complete and accurate Project description. Mitiaation Measures CEQA requires that a DEIR include mitigation measures to avoid or reduce significant impacts. CDFW is concerned that the mitigation measures proposed in the DEIR are not adequate to avoid or reduce impacts to biological resources to below a level of significance. To support the City in ensuring that Project impacts to biological resources are reduced to less than significant, CDFW recommends adding mitigation measures regarding the protection of Open Space Natural Areas, desert tortoise (Gopherus agassizii), Le Conte's thrasher (Toxostoma lecontei), Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) compliance, and artificial nighttime lighting, as well as revising the mitigation measures for nesting birds and burrowing owl (Athene cunicularia). 1) Project Description Conservation Status of Open Space Natural Areas CDFW appreciates that in the proposed Specific Plan, the Project's development footprint has been pulled back along the southern edge of the Project site leaving 301.2 acres of mostly open space natural area in Planning Area 20, with the exception of the footprint of the proposed two water tanks, access road, and associated infrastructure, as shown in Exhibit 3-12 (Recreation Plan). These Open Space Natural Areas provide important habitat value for Peninsular bighorn sheep and other wildlife. Page 3-14 of the DEIR indicates that "[n]atural open space land uses are proposed to occur on approximately 301.2 acres on the southern portion of the Project property for conservation and preservation purposes." However, the mitigation measures in the Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 6 Biological Resources section of the DEIR do not appear to reflect this commitment to conserve and protect the 301.2 acres of Open Space Natural Areas (excluding the approximately 6.5-acre footprint of the two proposed water reservoirs, access road, and associated infrastructure). CDFW recommends a new mitigation measure is added to document this commitment to conserve Open Space Natural Areas within the southern portion of the Project site. Additionally, the DEIR lacks details on the type of legal instrument will be used to protect these Open Space Natural Areas for conservation and preservation purposes over the long term. Page 7 of the U.S. Fish and Wildlife Service's (USFWS) Biological Opinion (FWS-ERIV-2735.3), completed for the 1995 Specific Plan in December 2005, indicates that "[f]ollowing several meetings in 2002 and 2003 with the Service and CDFG, the development plan was extensively modified and reconfigured to remove development in bighorn sheep habitat from the southern portion of the Travertine property, specifically in Sections 4 and 5 in the vicinity of the Martinez Rockslide. Based on these discussions, the project boundary was established on May 1, 2003, during a field visit with Travertine, Service, and CDFG, which was depicted in the draft Coachella Valley Multiple Species Habitat Conservation Plan, dated October 15, 2004 (CVMSHCP). Subsequent meetings with the Service in 2005 refined the project boundary to encompass approximately 170 acres of conserved habitat within Travertine's original land holdings (Figure 1). This area to be conserved as bighorn sheep habitat lies in the southern portion of the project site adjacent to the Martinez Rockslide and would be preserved in perpetuity through a deed restriction consistent with California Civil Code Section 815, et seq., as approved by the Service, prior to recording the first final map for the project." CDFW notes that since the time that the USFWS Biological Opinion was finalized, the Project has further revised its plans and pulled the development footprint further away from the Martinez Rockslide, and the Project is now proposed a total 301.2 acres of conserved and protected Natural Open Space Areas (excluding the approximately 6.5-acre footprint of the proposed water reservoirs, access road, and associated infrastructure) in the southern portion of the Project site. Removing the 6.5-acre footprint of the proposed water reservoirs, access road and associated infrastructure from acreage calculations, CDFW estimates that the remaining Open Space Natural Areas available for conservation in the southern portion of the Project site would total 294.7 acres. To ensure the conservation of 294.7 acres of Open Space Natural Areas for Peninsular bighorn sheep and other wildlife and to support the Project's consistency with the USFWS Biological Opinion, CDFW recommends the DEIR is revised to include details on the type of legal instrument that is proposed to conserve the Open Space Natural Areas within the Project site. Lastly, the DEIR lacks details on how the Open Space Natural Areas will be managed and monitored in perpetuity, and how long-term monitoring and management will be funded, to maintain habitat value for wildlife in these on -site protected areas. Mitigation Measure BIO-7 in the DEIR indicates a $500,000 endowment; however, the mitigation measure is not clear on whether this is intended for long-term monitoring and Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 7 management of Open Space Natural Areas or if that amount would be sufficient for the management of 294.7 acres of Open Space Natural Areas proposed for conservation on the southern portion of the site. The methods of preserving Open Space Natural Areas and details on long-term maintenance, monitoring, and funding of these activities have important implications with respect to the potential for proposed Open Space Natural Areas to provide long-term habitat value for wildlife, including Peninsular bighorn sheep (Fully Protected Species; CVMSHCP Covered Species). Without these details in the DEIR, CDFW is unable to adequately analyze project impacts and proposed avoidance, minimization, and mitigation measures, and provide biological expertise on activities that have the potential to adversely affect fish and wildlife resources. CDFW recommends that the Project's Open Space Natural Areas are protected in perpetuity under a conservation easement and that funding is provided for a non -wasting endowment that covers all long-term maintenance and monitoring costs. To accurately document the Project's commitment to conserve approximately 294.7 acres of Open Space Natural Areas in the southern portion of the Project site and ensure consistency with requirements in the USFWS Biological Opinion, CDFW recommends that DER is revised to include the following mitigation measure: Mitigation Measure BIO-[A]: Protection of On -Site Open Space Natural Areas Prior to initiation of Project construction activities, 294.7 acres of Open Space Natural Areas that are avoided on the southern portion of the Project site shall be protected in perpetuity through a recordation of a conservation easement or similar legal instrument. Long-term maintenance and monitoring activities for the on -site Open Space Natural Areas shall be outlined in a long-term management plan and submitted to CDFW and USFWS for review and approval. Funding shall be provided for a non -wasting endowment for the long-term maintenance and monitoring activities for the on -site Open Space Natural Areas, submitted to CDFW and the USFWS for review and approval, and held by an entity to be approved by CDFW and the USFWS. Additionally, Mitigation Measure BIO-6 indicates that the "[p]roject proponent shall permanently protect 19.7 acres in Section 5 as bighorn sheep habitat [... ]", and this commitment is also referenced on Page 8 of the Project's U.S. Fish and Wildlife Service's (USFWS) Biological Opinion (FWS-ERIV-2735.3); however, this commitment to conserve 19.7 acres appears to be based on an outdated project design. CDFW recommends that Mitigation Measure BIO-6 is revised, if needed, to accurately reflect the Project's commitments to conserve habitat for Peninsular bighorn sheep. Pursuant to the CEQA Guidelines, section 15097(f), CDFW has prepared a draft mitigation monitoring and reporting program (MMRP) for revised MM BIO-28 and MM BIO-26, as well as CDFW-recommended MM BIO-[A] through MM BIO-[E]. Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 8 Fencing Plans The DEIR lacks important details on fencing proposed to keep Peninsular bighorn sheep out of the developed portions of the Project site and control human access to areas protected for wildlife. Mitigation Measure BIO-1 indicates that "an 8-foot-tall wildlife fence constructed of tubular steel and painted to blend in with the desert environment shall be installed where the Project interfaces with Coral Mountain along the northern boundary and extend southward along the western and southern boundary of proposed development to preclude PBS from entering the Project. The fence shall extend to where Avenue 62 intersects with the eastern Project boundary." It is unclear where the 8-foot fence is proposed to be located in relation to the 5-mile Community Grand Loop Trail, areas proposed for landscaping, any additional fencing (e.g., fencing to control human access to wildlife areas), any fuel modification areas, and manufactured slopes surrounding the developed portion of the Project site. To allow CDFW to conduct a meaningful review and provide biological expertise on activities that have the potential to adversely affect fish and wildlife resources, CDFW recommends the DEIR is revised to include a map and/or diagrams showing the proposed alignment of the 8-foot-tall fence in relation to other Project components including the Community Grand Loop Trail, areas proposed for landscaping and any fuel modification, any additional fencing (to control human access to wildlife areas), and manufactured slopes surrounding the developing portion of the Project site. The DEIR also includes limited details on any proposed nighttime lighting, including lighting designs and specifications associated with the Community Grand Loop Trail and other areas surrounding the Project's developed area. See Artificial Nighttime Lighting section below for more information. CDFW requests the DEIR is revised to include additional information on the conservation status of the Open Spece Natural Areas, fencing plans, and artificial nighttime lighting designs and specifications to support CDFW in conducting a meaningful review and providing biological expertise relating the Project activities that have the potential to adversely affect fish and wildlife resources. 2) Assessment of Biological Resources Peninsular Biahorn Shee Page 4.4-12 of the DEIR indicates that "PBS [Peninsular bighorn sheep] was not observed on the Project site during the 2022 field survey performed by Michael Baker. The sheep has a moderate potential to occur on the Project site. The native vegetation communities within the southern portions of the Project site provide suitable foraging habitat for this species, but the Project site is unlikely to be used for lambing. There have been recent occurrence records for this species within one mile of the Project site. CDFW has monitored PBS movement in the Santa Rosa and Santa Jacinto mountains since 2009 with GPS collars and direct observation. CDFW's GPS data documents Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 9 current and historic sheep use of Coral Mountain, north of the Project site. CDFW research on sheep movement, based on GPS data and direct observation, shows a trend of ewes spending a greater portion of their time in low -elevation habitat particularly during the Iamb -rearing season. The temporal shift to lower elevations may be a response to long-term drought conditions." CDFW confirms that GPS collar data, collected by CDFW on Peninsular bighorn sheep between 2009 through December 2023, indicate that Peninsular bighorn sheep use Coral Mountain. CDFW also notes that recent collar data shows Peninsular bighorn sheep using areas within the footprint of the proposed water reservoirs on the southwest corner of the Project site in addition to the alluvial fans and washes to the southeast of the proposed reservoirs. CDFW also notes that there are numerous water sources within the mountains to the west of the Project site, as discussed in the report titled Assessing Climate -Related Changes in Water Resources in the Santa Rosa and San Jacinto Mountains National Monument (Barrows, C. et al 20142), that support Peninsular bighorn sheep. Based on this information, the Project has the potential to impact Peninsular bighorn sheep habitat associated with construction of the Johnson Street extension in the Project's northwest corner, the construction and operations of the two water reservoirs, and the construction of up to five wells at one of locations proposed for an off -site utility field parcel, a location which has yet to be selected. Jefferson Street Extension Exhibit 4.4-3 the DEIR shows that the construction of a portion of the Jefferson Street extension, which extends north from the Project site towards the future proposed Coral Canyon Development and Avenue 58, is proposed as part of the Project. Page 3-42 of the DEIR indicates that "Jefferson Street will be extended south of Avenue 58 through the Coral Canyon development, a portion of Bureau Land Management (BLM) land and continue through Travertine to meet the extension of Avenue 62, dependent upon the timing of development of Coral Canyon and approvals through the Bureau of Reclamation (BOR) and BLM." The DEIR lacks an analysis and discussion on how the Jefferson Street extension may impact Peninsular bighorn sheep using Coral Mountain. Because the construction of a portion of the Jefferson Street extension is proposed as part of the Project and is a component of plans to construct a road that has the potential to isolate Coral Mountain from the Santa Rosa and San Jacinto Mountains and restrict access to Coral Mountain for Peninsular bighorn sheep, CDFW recommends that DEIR is revised to include analysis of how the Jefferson Street extension may impact Peninsular bighorn sheep using Coral Mountain. Artificial nighttime lighting associated 2 Barrows, C., McGinnis, G. Assessing Climate -Related Changes in Water Resources in the Santa Rosa and San Jacinto Mountains National Monument. University of California Riverside's Center for Conservation Biology, July 2014. Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 10 with the proposed Jefferson Street extension also has the potential to influence the use of Coral Mountain by Peninsular bighorn sheep and should be included in the analysis (see the Artificial Nighttime Lighting section below for more information). Based on the findings of recommended impact analysis, CDFW recommends that avoidance, minimization, and mitigation measures are proposed in a revised DER that ensure that Peninsular bighorn sheep are able to continue accessing and using resources on Coral Mountain that are important for their life cycle needs. Proposed Wells at Offsite Utility Field Facilities Page 4.18-12 indicates that as part of the Project, "CVWD requires the construction of up to five wells and associated improvements at the off -site utility field at buildout of the Project. The number of well sites necessary to serve the Project has been determined in consultation with CVWD. The initial number of well sites based on the total acreage of the Project is equivalent to up to five well sites at maximum." Page 4.4-2 of the DER states that the DER "includes a programmatic evaluation of the off -site utility field where water wells and an electric power substation are planned to support the Project. The exact locations of the off -site improvements have not been determined; however, they are proposed to be located east of the Project site, generally located between Avenue 58 on the north, Avenue 64 on the south, Calhoun Street on the east, and Jefferson Street on the west." The DER lacks details on the Project's potential impacts to groundwater -dependent ecosystems and species that depend on them including Peninsular bighorn sheep associated with the construction of up to five new wells. There are a number water sources within the mountains to the west of the Project site that support Peninsular bighorn sheep, including, but not limited, to water sources in Guadalupe Creek and Devil's Canyon (Barrows, C. et al 20143). New wells will result in groundwater drawdown, and depending on the locations of the proposed wells and extent of groundwater drawdown through time, there is the potential for the new wells to impact water sources and vegetation that are crucial in supporting local populations of Peninsular bighorn sheep. Especially during the summer months and through times of drought, Peninsular bighorn sheep rely on vegetation in washes and alluvial fans where groundwater is generally closer to the surface and in greater quantity compared to mountain sides.4 CDFW recommends that the DER is revised to include an analysis, including quantitative data, on how the construction of up to five wells, proposed at one 3 Barrows, C., McGinnis, G. Assessing Climate -Related Changes in Water Resources in the Santa Rosa and San Jacinto Mountains National Monument. University of California Riverside's Center for Conservation Biology, July 2014. 4 United States Fish and Wildlife Service. 2009. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Peninsular Bighorn Sheep and Determination of a Distinct Population Segment of Desert Bighorn Sheep (Ovis canadensis nelsoni). Federal Register 74(70): 17321. Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 11 of several potential locations for the field utility parcel, may impact water sources and vegetation used by Peninsular bighorn sheep through groundwater drawdown. CDFW also recommends that based on findings of this analysis, the DER is revised to include proposed appropriate avoidance, minimization, and mitigation measures for CDFW and public review to support the City in reducing impacts to Peninsular bighorn sheep to a level less than significant. 3) Nesting Birds It is the Project proponent's responsibility to comply with all applicable laws related to nesting birds and birds of prey. Fish and Game Code sections 3503, 3503.5, and 3513 afford protective measures as follows: section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds -of -prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.). Page 4.4-6 of the DER indicates that "the Parkinsonia florida — Olneya tesota Woodland, Larrea tridentate Shrubland, Atriplex polycarpa Shrubland, and ornamental vegetation communities within the Project site provide suitable nesting opportunities for a variety of resident and migratory bird species, including those birds that nest on open ground or within cacti". The DER includes Mitigation Measure BIO-28 for nesting birds, which indicates that "[i]f Project construction will require on -site disturbance during the nesting seasons (approximately January 15 to August 31), then nesting bird surveys must be conducted by a qualified ornithologist or biologist immediately prior to on -site disturbance. If nesting birds are found, then no work is permitted near the nest until the young have fledged. Consistent with CDFW recommendations, an avoidance buffer of about 500 feet for listed species and birds -of -prey, and a buffer of 100 to 300 feet for unlisted songbirds, shall be applied." Conducting work outside the peak breeding season is an important avoidance and minimization measure. CDFW also recommends the completion of nesting bird surveys regardless of the time of year to ensure compliance with all applicable laws pertaining to nesting and migratory birds. The timing of the nesting season varies greatly depending on several factors, such as bird species, weather conditions in any given year, and long-term climate changes (e.g., drought, warming, etc.). In response to warming, birds have been reported to breed earlier, thereby reducing temperatures that nests are exposed to during breeding and tracking Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 12 shifts in availability of resources (Socolar et al., 20175). CDFW staff have observed that climate change conditions may result in the nesting bird season occurring earlier and later in the year than historical nesting season dates. CDFW recommends that disturbance of occupied nests of migratory birds and raptors within the Project site and surrounding area be avoided any time birds are nesting on -site. CDFW considers the Mitigation Measure BIO-28 to be insufficient in scope and timing to reduce impacts to nesting birds to less than significant. CDFW recommends the City revise Mitigation Measure BIO-28 with the following additions in bold and removals in strikethrewg : Mitigation Measure BIO-28: Nesting Birds Vegetation clearing shall be conducted outside of the peak nesting season, which is generally identified as February 1 through August 31, to the greatest extent feasible. Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than 3 days prior to vegetation removal or ground -disturbing activities. Pre -construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre -construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Construction activities may not occur inside the established buffers, which shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. AlteFRatively, site,and only of aveidaRG8 of the neStiRg season is ROt feasible, a qualified biologist shall GORdUGt a ReStiRq bird survey withiR three days prier te aRy disturbaRGe ef the 5 Socolar JB, Epanchin PN, Beissinger SR and Tingley MW (2017). Phenological shifts conserve thermal niches. Proceedings of the National Academy of Sciences 114(49): 12976-12981. Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 13 Le Conte's Thrasher Page 4.4-36 of the DEIR indicates that Le Conte's thrasher (CVMSHCP Covered Species; California Species of Special Concern) "was not observed on the Project site and there have been no occurrence records for this species within five miles of the Project site. However, there is moderate potential for the species to occur on the Project site. Although the site provides foraging habitat there is only marginal nesting habitat. The species requires undisturbed substrate for foraging under desert shrubs." The DEIR and its supporting documents lack details on survey methods used for Le Conte's thrasher —that is, if focused surveys for Le Conte's thrasher were conducted. The Project is located within Other Conserved Habitat for Le Conte's thrasher for the CVMSHCP, specifically in the southeast section of the Project site where the two water reservoirs, access road, and associated infrastructure are proposed. The Project is also located within and adjacent to Other Conserved Habitat for Le Conte's thrasher along the western edge of the Project site and in the northwestern corner of the Project site where the construction of a portion of the Jefferson Street extension and improvements to Guadalupe Dike are proposed under the Project. Because Le Conte's thrasher are "sparsely distributed and difficult to detect" (Hargrove, L. P. et al. 20206), CDFW recommends that in addition to nesting bird surveys (see recommended revisions to Mitigation Measure BIO-28 in the Nesting Birds section), focused surveys for Le Conte's thrasher are also conducted following methods outlined on pages 6-8 of the LeConte's Thrasher (Toxostoma lecontei) Status and Nest Site Requirements in the Coachella Valley (Hargrove, L. P. et al. 20206), which include broadcast of song and calls. To support the City in reducing impacts to Le Conte's thrasher to less than significant, CDFW recommends the City add the following mitigation measure to a revised DEIR: Mitigation Measure BIO-[B]: Le Conte's Thrasher Le Conte's thrasher focused surveys shall be performed by a qualified avian biologist prior to vegetation removal or ground -disturbing activities following methods outlined on pages 6-8 of the LeConte's Thrasher (Toxostoma lecontei) Status and Nest Site Requirements in the Coachella Valley (Hargrove, L. P. et al. 20204), including the broadcast of song and calls by a qualified avian biologist with an appropriate permit. If active nests are found during the pre -construction nesting bird surveys, the qualified biologist shall inform CDFW and shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and shall be at least 300 feet for passerines. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting 6 Hargrove, L., P. Unitt, K. Ferree, K. Clark, and L. Squires. 2019 (Revised 2020). LeConte's Thrasher (Toxostoma lecontei) Status and Nest Site Requirements in the Coachella Valley. Report prepared for the Coachella Valley Conservation Commission. San Diego Natural History Museum, San Diego. Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 14 phenology of the nesting species and based on nest and buffer monitoring results. Construction activities may not occur inside the established buffers, which shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. 4) Burrowing Owl Burrowing owl is a California Species of Special Concern. Take of individual burrowing owls and their nests is defined by Fish and Game Code section 86, and prohibited by sections 3503, 3503.5, and 3513. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.). Take is defined in Fish and Game Code section 86 as "hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill." Page 4.4-11 of the DEIR indicates that "burrowing owl was not observed on the Project site during the field survey performed by Michael Baker (2022). However, the owl has moderate potential to occur on the Project site since there is suitable foraging habitat. The Project site provides marginal nesting habitat for this species due to the onsite soil conditions and minimal number of suitable burrows." Page C-6 of the Project's Biological Assessment indicates that "multiple burrowing owls were observed during surveys conducted in 2003 near the northeast corner of the Project site (AMEC 2010)." The DEIR and supporting documents do include the biological report referred to as AMEC Earth & Environment, Inc. 2010. City of La Quinta General Plan Update: Biological Resources. Report dated June 2010 (AMEC 2010), or a report containing the results and methods used from surveys conducted in 2003. Page 8 of the Project's Biological Assessment indicates that "[b]ased on a review of the survey requirements set forth in the CVMSHCP, results of previous biological studies, and coordination with the USFWS, focused surveys for special -status species, including [... ] burrowing owl (Athene cunicularia; State Species of Special Concern [SSC]), were not conducted." Based on this information, it appears that the last surveys for burrowing owl were conducted in 2003. Note that CDFW generally considers biological field assessments for wildlife to be valid for a one-year period. The DEIR and supporting documents also lack details on the methods used and findings of previous surveys for burrowing owl, details which are important to CDFW and the public in assessing the suitability of the Project site to support nesting habitat for burrowing owls, such as the timing of surveys, transect spacing, names and qualifications of surveyors, and the locations of burrowing owls, potential burrows, occupied burrows, and burrowing owl sign. Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 15 To support the City and Project proponent in avoiding take of burrowing owl individuals and their nests and eggs, CDFW recommends the DEIR is revised to include the results, including summary reports, of a recent burrowing owl habitat assessment and/or focused surveys conducted following guidelines outlined in the Staff Report on Burrowing Owl Mitigation (CDFW 20127). A habitat assessment informs the locations of suitable habitat for burrowing owl within the Project site and surrounding area and identifies areas where focused surveys should be conducted. A habitat assessment and focused surveys for burrowing owl provide information needed to determine the potential effects of proposed projects and activities on burrowing owls, and to avoid take in accordance with Fish and Game Code sections 86, 3503, 3503.5, and 3513. If focused surveys confirm occupied burrowing owl habitat in or adjacent to the Project area, CDFW recommends that the DEIR is revised to include an impact assessment per guidelines in the Staff Report on Burrowing Owl Mitigation. Impact assessments evaluate the extent to which burrowing owls and their habitat may be impacted, directly or indirectly, on and within a reasonable distance of the proposed Project. A burrowing owl habitat assessment, focused surveys, and an impact assessment will also inform appropriate avoidance, minimization, and mitigation measures for the Project and help the City demonstrate that the Project's impacts to burrowing owls are less than significant. Although the DEIR includes Mitigation Measures BIO-26 and BIO-36 for burrowing owls, CDFW considers the measures to be insufficient in scope and timing to reduce impacts to less than significant. To support the City in reducing impacts to burrowing owl to less than significant, CDFW recommends Mitigation Measures BIO-26 and BIO-36 are replaced with the following measure: Mitigation Measure BIO-26: Burrowing Owl Avoidance No less than 60 days prior to the start of Project -related activities, a burrowing owl habitat assessment shall be conducted within the Project site and surrounding area, including the selected off -site utility field parcel, by a qualified biologist according to the specifications of the Staff Report on Burrowing Owl Mitigation (Department of Fish and Game, March 2012 or most recent version). Suitable habitat for burrowing owl has been identified within the Project site; therefore, focused burrowing owl surveys shall be conducted by a qualified biologist according to the Staff Report on Burrowing Owl Mitigation prior to vegetation removal or ground -disturbing activities. Focused burrowing owl California Department of Fish and Game (CDFG). 2012. Staff report on burrowing owl mitigation. State of California, Natural Resources Agency. Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 16 surveys shall also be conducted in all areas identified through a habitat assessment as being suitable habitat for burrowing owls at the selected off -site utility field parcel. If burrowing owls are detected during the focused surveys, the qualified biologist and Project proponent shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, minimization, mitigation, and monitoring actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites, acres of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers and other avoidance measures if avoidance is proposed. If impacts to occupied burrowing owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also describe minimization and relocation actions that will be implemented. Proposed implementation of burrow exclusion and closure should only be considered as a last resort, after all other options have been evaluated as exclusion is not in itself an avoidance, minimization, or mitigation method and has the possibility to result in take. If impacts to occupied burrows cannot be avoided, information shall be provided regarding adjacent or nearby suitable habitat available to owls along with proposed relocation actions. The Project proponent shall implement the Burrowing Owl Plan following CDFW and USFWS review and approval. Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project -related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (2012 or most recent version). Preconstruction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the preconstruction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. The qualified biologist shall coordinate with CDFW and prepare a Burrowing Owl Plan that shall be submitted to CDFW and USFWS for review and approval prior to commencing Project activities. 5) Desert Tortoise Page C-9 of the Project's Biological Assessment indicates that the "project site contains suitable habitat for this species [desert tortoise]. However, there are no occurrence records within five miles of the project site and the project site is not connected to any known populations." Page 4.4-13 of the Project's Biological Assessment indicates that "[i]nitial field surveys were performed in 1993 and a focused desert tortoise survey was performed in 2003 and no live desert tortoise or diagnostic sign were found. More recently, a general biological survey/habitat assessment and vegetation mapping was performed by Glenn Lukos Associates spanning several dates ranging from late 2017 to late 2019, with the results of the surveys included in the BRT. Michael Baker performed Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 17 a jurisdictional delineation in February 2021 and a general biological survey and vegetation mapping in February and March of 2022. No incidental observations of desert tortoise were made during the jurisdictional delineation, and results of general biological surveys indicated no desert tortoise or diagnostic sign of the species on -site. With these findings, the BOR and BLM, in consultation with USFWS, determined that the Project area historically supported low densities of desert tortoise, and more recently, desert tortoises are not present in the Project area." Based on review of documentation included in the DEIR, it appears that focused surveys for desert tortoise have not been conducted since 2003. Note that CDFW generally considers biological field assessments for wildlife to be valid for a one-year period. The Project is located within Other Conserved Habitat for desert tortoise under the CVMSHCP, specifically in the southwest section of the Project site where the two water reservoirs, access road, and associated infrastructure are proposed. The Project is also located within and adjacent to Other Conserved Habitat for desert tortoise along the western edge of the Project site and in the northwestern corner of the Project site where the construction of a portion of the Jefferson Street extension and improvements to Guadalupe Dike are proposed under the Project. The CVMSHCP Section 9.6.1.4 indicates that "[b]oth inside and outside Conservation Areas, avoidance, minimization, and mitigation measures require relocation of individual tortoises if required surveys locate individuals on the site of Covered Activities." Given the large 969.02-acre size of the Project area, the Project's overlap and adjacency with modeled Other Conserved Habitat for desert tortoise under the CVMSHCP, and the potential for desert tortoise to move into the Project site between the time that focused surveys for desert tortoise were last conducted in 2003 and the start of Project construction activities, CDFW recommends that the DEIR is revised to include the findings from recent focused surveys for desert tortoise. Additionally, to support the City in reducing impacts to desert tortoise to less than significant, CDFW recommends that the City add the following mitigation measure to the DEIR: Mitigation Measure BIO-[C]: Desert Tortoise Surveys Prior to commencing Project activities, a focused survey for desert tortoise shall be conducted by a qualified biologist, according to protocols in Preparing for Any Action that May Occur within the Range of the Mojave Desert Tortoise (USFWS 2019; https://www.fws.gov/sites/default/files/documents/Mojave%20Desert%20Tortoise Pre-project%20S u rvey%20 Protocol 2019.pdf), during the species' most active periods (April through May or September through October). CDFW recommends working with USFWS and CDFW concurrently to ensure a consistent and adequate approach to planning survey work and that biologists retained to complete desert tortoise protocol -level surveys submit their qualifications to CDFW and USFWS prior to initiation of surveys. If desert tortoise is found to be Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 18 present, the qualified biologist shall immediately notify CDFW and USFWS to determine appropriate avoidance, minimization, and mitigation measures. No more than 14 calendar days prior to start of Project activities and after any pause in Project activities lasting 30 days or more, a qualified biologist shall conduct pre -construction surveys for desert tortoise as described in the USFWS 2019 desert tortoise survey methodology (Preparing for Any Action that May Occur within the Range of the Mojave Desert Tortoise; https://www.fws.gov/sites/default/files/documents/Mojave%20Desert%20Tortoise Pre-proiect%20Survey%20Protocol 2019.pdf). Pre -construction surveys shall be completed using perpendicular survey routes and 100-percent visual coverage for desert tortoise and their sign within the Project area and 50-foot buffer zone. Pre -activity surveys cannot be combined with other surveys conducted for other species while using the same personnel. Project activities cannot start until two negative results from consecutive surveys using perpendicular survey routes for desert tortoise are documented. Results of the surveys shall be submitted to CDFW prior to construction start. If the pre -construction surveys confirm desert tortoise absence, the qualified biologist shall ensure desert tortoise do not enter the Project area. Should desert tortoise presence be confirmed during the survey, the qualified biologist shall immediately notify CDFW and USFWS to determine appropriate avoidance, minimization, and mitigation measures. 6) Artificial Nighttime Lighting The DEIR includes limited details on the Projects plans for artificial nighttime lighting. Page 4.1-54 of the DEIR indicates that the Project will incorporate light fixtures that "provide appropriate levels of illumination for "purposes of nighttime safety [for] proposed parking lots, gated entry points, common areas, event spaces, courtyards, and pedestrian paths." The DEIR lacks additional details on the Project's lighting plans and lighting specifications. For example, it is unclear if nighttime lighting is proposed along the outer perimeter of the Project development area where the Community Grand Loop Trail is proposed in areas adjacent to Open Space Natural Areas proposed to support wildlife including Peninsular bighorn sheep. The Project is located within and adjacent to open -space areas to the west, south, and north. A portion of the Project is located within and adjacent to Santa Rosa and San Jacinto Mountains Conservation Area, specifically within the southwest corner of the Project where the construction of two water reservoirs, access road, and associated infrastructure are proposed. The Project is also located within and adjacent to the Santa Rosa and San Jacinto Mountains Conservation Area along the western edge of the Project site and in the northwestern corner of the Project site where the construction of a portion of the Jefferson Street extension and improvements to Guadalupe Dike are proposed under the Project. The northern portion of the Project site is located adjacent Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 19 to Coral Mountain, which is used by Peninsular bighorn sheep (see Peninsular bighorn sheep section). Open -space areas to the north, west, and south of the Project site provide suitable nesting, roosting, foraging, and refugia habitat for birds, migratory birds that fly at night, bats, other nocturnal and crepuscular wildlife, and CVMSHCP Covered Species including Peninsular bighorn sheep, Le Conte's thrasher, burrowing owl, and desert tortoise. Details on proposed artificial nighttime lighting, including lighting plans, specifications, and their proposed locations, are important for assessing Project impacts to biological resources and allowing CDFW to conduct a meaningful review and provide biological expertise to support the City in identifying appropriate avoidance, minimization, and mitigation measures to reduce impacts to level that is less than significant. CDFW recommends the DER is revised to include lighting plans and specifications and an analysis of the direct, indirect, and cumulative impacts of artificial nighttime lighting expected to adversely affect biological resources within open -space areas adjacent to the Project site. Artificial nighttime lighting often results in light pollution, which has the potential to significantly and adversely affect fish and wildlife. Artificial lighting alters ecological processes including, but not limited to, the temporal niches of species; the repair and recovery of physiological function; the measurement of time through interference with the detection of circadian and lunar and seasonal cycles; the detection of resources and natural enemies; and navigation$. Many species use photoperiod cues for communication (e.g., bird song9), determining when to begin foraging10, behavioral thermoregulation11, and migrationl2. Phototaxis, a phenomenon that results in attraction and movement towards light, can disorient, entrap, and temporarily blind wildlife species that experience its. Several mitigation measures in the DER address artificial nighttime lighting. Mitigation Measure BIO-2 states that "[a]II lighting located within the development footprint shall conform with the requirements outlined in the Travertine Specific Plan and the MSHCP." Mitigation Measure BIO-17 states that "[o]utdoor lighting will be down -shielded and 8 Gatson, K. J., Bennie, J., Davies, T., Hopkins, J. 2013. The ecological impacts of nighttime light pollution: a mechanistic appraisal. Biological Reviews, 88.4: 912-927. 9 Miller, M. W. 2006. Apparent effects of light pollution on singing behavior of American robins. The Condor 108:130- 139. 10 Stone, E. L., G. Jones, and S. Harris. 2009. Street lighting disturbs commuting bats. Current Biology 19:1123- 1127. 11 Beiswenger, R. E. 1977. Diet patterns of aggregative behavior in tadpoles of Bufo americanus, in relation to light and temperature. Ecology 58:98-108. 12 Longcore, T., and C. Rich. 2004. Ecological light pollution - Review. Frontiers in Ecology and the Environment 2:191-198. Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 20 directed away from the hillsides in accordance with the City municipal code." Mitigation Measure BIO-30 also indicates that "[n]ight lighting shall be directed away from adjacent open space and SRSJM Conservation Area to protect wildlife from direct night lighting. Light fixtures adjacent to open space will be shielded and utilize low intensity lighting. If night lighting is required during construction, shielding shall be incorporated to ensure ambient lighting adjacent conservation lands are not increased." Although the DER includes these mitigation measures, CDFW considers these measures insufficient in scope to reduce the Project's impacts of artificial nighttime lighting on biological resources to less than significant. To support the City in avoiding or reducing impacts of artificial nighttime lighting on biological resources to less than significant and complying with CVMSHCP Land Use Adjacency Guidelines associated with lighting, CDFW recommends that the City add the following mitigation measure to a revised DEIR: Mitigation Measure BIO-[D]: Artificial Nighttime Lighting Throughout construction and the lifetime operations of the Project, the City and Project proponent shall eliminate all nonessential lighting throughout the Project area, including the selected offsite field utilities parcel, and avoid or limit the use of artificial light at night during the hours of dawn and dusk when many wildlife species are most active. The City shall ensure that all lighting for the Project is fully shielded, cast downward, reduced in intensity to the greatest extent possible, and does not result in lighting trespass including glare into surrounding areas or upward into the night sky (see the International Dark -Sky Association standards at http://darksky.org/). The City and Project proponent shall ensure use of LED lighting with a correlated color temperature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler. 7) Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Section 5.2.1.1 of the CVMSHCP indicates that "[I]ocal jurisdictions will impose a mitigation fee on new Development within the Plan Area that impacts vacant land containing Habitat for the Covered Species or any of the conserved natural communities in the Plan through adoption, or amendment of an existing fee ordinance. In addition to large vacant areas, this also applies to small vacant lots within urban areas that still contain natural open space." The Project site contains suitable habitat for burrowing owl and contains modeled Other Conserved Habitat for CVMSHCP Covered Species including, Le Conte's thrasher and desert tortoise; therefore, the Project is required to pay a Local Development Mitigation Fee. Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 21 To document the City's obligation as a Local Permittee under the CVMSHCP to impose a local development mitigation fee for this Project, CDFW recommends the City add the following mitigation measure to a revised DEIR: Mitigation Measure BIO-[E]: CVMSHCP Compliance Prior to construction and issuance of any grading permit, the City of La Quinta shall ensure compliance with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and its associated Implementing Agreement and shall ensure the collection of payment of the CVMSHCP Local Development Mitigation Fee and transfer of revenues to the Coachella Valley Conservation Commission. 8) Landscaping Page 4.1-49 of the DEIR indicates that "[e]dge conditions will include desert landscaping, and a band of transitional landscape planting with native plant reseeding and native tree planting." Mitigation Measure 131O-11 indicates that "No exotic plants known to be toxic to PBS [Peninsular bighorn sheep], or invasive in desert environmental, will be used in the project landscaping." The DEIR lacks additional details on the Project's proposed landscaping plans. CDFW recommends incorporation of water -wise concepts in any Project landscape design plans. In particular, CDFW recommends xeriscaping with locally native California species and installing water - efficient and targeted irrigation systems (such as drip irrigation). Native plants support butterflies, birds, reptiles, amphibians, small mammals, bees, and other pollinators that evolved with those plants. More information on native plants suitable for the Project location and nearby nurseries is available at Calscape: https://calscape.org/. Local water agencies/districts and resource conservation districts in your area may be able to provide information on plant nurseries that carry locally native species, and some facilities display drought -tolerant locally native species demonstration gardens. Information on drought -tolerant landscaping and water -efficient irrigation systems is available on California's Save our Water website: https://saveourwater.com/. CDFW also recommends that the DEIR include recommendations regarding landscaping from Section 4.0 of the CVMSHCP "Table 4-112: Coachella Valley Native Plants Recommended for Landscaping" (pp. 4-180 to 4-182; https://cvmshcp.org/plan- documents/). ENVIRONMENTAL DATA CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 22 Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The types of information reported to CNDDB can be found at the following link: https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals. ENVIRONMENTAL DOCUMENT FILING FEES The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying Project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.) CONCLUSION CDFW appreciates the opportunity to comment on the DEIR to assist the City in identifying and mitigating Project impacts to biological resources. CDFW concludes that the DEIR does not adequately identify or mitigate the Project's significant, or potentially significant, impacts to biological resources. CDFW also concludes that the DEIR lacks sufficient information for a meaningful review of impacts to biological resources, including a complete assessment of Project impacts to biological resources and complete Project description. The CEQA Guidelines indicate that recirculation is required when insufficient information in the DEIR precludes a meaningful review (§ 15088.5) or when a new significant effect is identified and additional mitigation measures are necessary (§ 15073.5). CDFW recommends that a revised DEIR, including plans to conserve Open Space Natural Areas located on the southern portion of the Project site, the locations of proposed fencing to both keep Peninsular bighorn sheep out the developed portions of the Project site and control human access to areas protected for wildlife, and a complete Project description with lighting plans and specifications, be recirculated for public comment. CDFW also recommends that revised and additional mitigation measures and analysis as described in this letter be added to a revised DEIR. CDFW personnel are available for consultation regarding biological resources and strategies to avoid and minimize impacts. Questions regarding this letter or further coordination should be directed to Jacob Skaggs, Senior Environmental Scientist (Specialist), at jacob.skaggwildlife.ca.gov. Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 23 Sincerely, EDocu Signed by: 84F9FFEEFD24C8_. Kim Freeburn Environmental Program Manager Attachment 1: MMRP for CDFW-Proposed Mitigation Measures ec: Heather Brashear, Senior Environmental Scientist (Supervisor), CDFW Heather. Brashear(a)_Wildlife.ca.gov Office of Planning and Research, State Clearinghouse, Sacramento state. clearing house(a)opr.ca. gov Vincent James, U.S. Fish and Wildlife Service VincentJames fws.gov Lory Salazar-Valasquez, U.S. Fish and Wildlife Service lore salazar-velasguez(cDfws.gov Peter Satin, Coachella Valley Conservation Commission psatin ,cvag.org Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 24 ATTACHMENT 1: MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Mitigation Measures Timing and Methods Responsible Parties Mitigation Measure BIO-[A]: Protection of On -Site Timing: Prior to Implementation: Open Space Natural Areas initiation of Project City of La Quinta and activities Project proponent Prior to initiation of Project construction activities, all Open Space Natural Areas that are avoided on the Methods: See Monitoring and southern portion of the Project site shall be protected Mitigation Reporting: City of La in perpetuity through a recordation of a conservation Measure Quinta easement or similar legal instrument. Long-term maintenance and monitoring activities for the on -site Open Space Natural Areas shall be outlined in a long- term management plan and submitted to CDFW and USFWS for review and approval. A non -wasting endowment for the long-term maintenance and monitoring activities for the on -site Open Space Natural Areas shall be funded the Project proponent, submitted to CDFW and the USFWS for review and approval, and held by an entity to be approved by CDFW and the USFWS. Mitigation Measure BIO-28: Nesting Birds Timing: No more Implementation: than 3 days prior City of La Quinta and Vegetation clearing shall be conducted outside of the to vegetation Project proponent peak nesting season, which is generally identified as removal or February 1 through August 31, to the greatest extent ground -disturbing Monitoring and feasible. Regardless of the time of year, nesting bird activities. Reporting: City of La surveys shall be performed by a qualified avian Quinta biologist no more than 3 days prior to vegetation Methods: See removal or ground -disturbing activities. Pre- Mitigation construction surveys shall focus on both direct and Measure indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre - construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Construction activities may not occur inside the Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 25 established buffers, which shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. Mitigation Measure BIO-[B]: Le Conte's Thrasher Timing: Prior to Implementation: vegetation City of La Quinta and Le Conte's thrasher focused surveys shall be removal or Project proponent performed by a qualified avian biologist prior to ground -disturbing vegetation removal or ground -disturbing activities activities Monitoring and following methods outlined on pages 6-8 of the Reporting: City of La LeConte's Thrasher (Toxostoma lecontei) Status and Methods: See Quinta Nest Site Requirements in the Coachella Valley Mitigation (Hargrove, L. P. et al. 20201), including the broadcast Measure of song and calls by a qualified avian biologist with an appropriate permit. If active nests are found during the pre -construction nesting bird surveys, the qualified biologist shall inform CDFW and shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and shall be at least 300 feet for passerines. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Construction activities may not occur inside the established buffers, which shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. Mitigation Measure BIO-26: Burrowing Owl Timing: Habitat Implementation: Avoidance Assessment: No City of La Quinta and less than 60 days Project proponent No less than 60 days prior to the start of Project- prior to the start of related activities, a burrowing owl habitat Project -related Monitoring and assessment shall be conducted within the Project activities. Reporting: City of La site and surrounding area, including the selected off- Focused Quinta site utility field parcel, by a qualified biologist surveys: Prior to Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 26 according to the specifications of the Staff Report on vegetation Burrowing Owl Mitigation (Department of Fish and removal or Game, March 2012 or most recent version). ground -disturbing activities. Pre - Suitable habitat for burrowing owl has been identified construction within the Project site; therefore, focused burrowing surveys: No less owl surveys shall be conducted by a qualified than 14 days prior biologist according to the Staff Report on Burrowing to start of Project - Owl Mitigation prior to vegetation removal or ground- related activities disturbing activities. Focused burrowing owl surveys and within 24 shall also be conducted in all areas identified through hours prior to a habitat assessment as being suitable habitat for ground burrowing owls at the selected off -site utility field disturbance. parcel. If burrowing owls are detected during the focused surveys, the qualified biologist and Project Methods: See proponent shall prepare a Burrowing Owl Plan that Mitigation shall be submitted to CDFW for review and approval Measure prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, minimization, mitigation, and monitoring actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites, acres of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers and other avoidance measures if avoidance is proposed. If impacts to occupied burrowing owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also describe minimization and relocation actions that will be implemented. Proposed implementation of burrow exclusion and closure should only be considered as a last resort, after all other options have been evaluated as exclusion is not in itself an avoidance, minimization, or mitigation method and has the possibility to result in take. If impacts to occupied burrows cannot be avoided, information shall be provided regarding adjacent or nearby suitable habitat available to owls along with proposed relocation actions. The Project proponent shall implement the Burrowing Owl Plan following CDFW and USFWS review and approval. Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project -related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (2012 or most recent version). Preconstruction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the preconstruction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 27 halted. The qualified biologist shall coordinate with CDFW and prepare a Burrowing Owl Plan that shall be submitted to CDFW and USFWS for review and approval prior to commencing Project activities. Mitigation Measure BIO-[C]: Desert Tortoise Surveys Timing: Focused Implementation: surveys: Prior to City of La Quinta and Prior to commencing Project activities, a focused commencing Project proponent survey for desert tortoise shall be conducted by a Project activities; qualified biologist, according to protocols in Pre -construction Monitoring and Preparing for Any Action that May Occur within the surveys: No More Reporting: City of La Range of the Mojave Desert Tortoise (USFWS 2019; than 14 calendar Quinta https://www.fws.gov/sites/default/files/documents/Mo days prior to start of Project activities jave%20Desert%20Tortoise Pre- protect%20Survey%20Protocol 2019.pdf), during the and after any species' most active periods (April through May or pause in Project September through October). CDFW recommends activities lasting 30 working with USFWS and CDFW concurrently to days or more. ensure a consistent and adequate approach to planning survey work and that biologists retained to Methods: See complete desert tortoise protocol -level surveys Mitigation submit their qualifications to CDFW and USFWS prior Measure to initiation of surveys. If desert tortoise is found to be present, the qualified biologist shall immediately notify CDFW and USFWS to determine appropriate avoidance, minimization, and mitigation measures. No more than 14 calendar days prior to start of Project activities and after any pause in Project activities lasting 30 days or more, a qualified biologist shall conduct pre -construction surveys for desert tortoise as described in the USFWS 2019 desert tortoise survey methodology (Preparing for Any Action that May Occur within the Range of the Mojave Desert Tortoise; https://www.fws.gov/sites/default/files/documents/Mo jave%20Desert%20Tortoise Pre- prolect%20Survey%20Protocol 2019.pdf). Pre - construction surveys shall be completed using perpendicular survey routes and 100-percent visual coverage for desert tortoise and their sign within the Project area and 50-foot buffer zone. Pre -activity surveys cannot be combined with other surveys conducted for other species while using the same personnel. Project activities cannot start until two negative results from consecutive surveys using perpendicular survey routes for desert tortoise are documented. Results of the surveys shall be submitted to CDFW prior to construction start. If the pre -construction surveys confirm desert tortoise absence, the qualified biologist shall ensure desert Cheri Flores, Planning Manager City of La Quinta December 15, 2023 Page 28 tortoise do not enter the Project area. Should desert tortoise presence be confirmed during the survey, the qualified biologist shall immediately notify CDFW and USFWS to determine appropriate avoidance, minimization, and mitigation measures. Mitigation Measure BIO-[D]: Artificial Nighttime Timing: Implementation: Lighting Throughout City of La Quinta and construction and Project proponent Throughout construction and the lifetime operations the lifetime of the Project, the City and Project proponent shall operations of the Monitoring and eliminate all nonessential lighting throughout the Project. Reporting: City of La Project area, including the selected offsite field Quinta utilities parcel, and avoid or limit the use of artificial Methods: See light at night during the hours of dawn and dusk Mitigation when many wildlife species are most active. The City Measure shall ensure that all lighting for the Project is fully shielded, cast downward, reduced in intensity to the greatest extent possible, and does not result in lighting trespass including glare into surrounding areas or upward into the night sky (see the International Dark -Sky Association standards at http://darksky.org/). The City and Project proponent shall ensure use of LED lighting with a correlated color temperature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler. Mitigation Measure BIO-[E]: CVMSHCP Compliance Timing: Prior to Implementation: construction and City of La Quinta Prior to construction and issuance of any grading issuance of any permit, the City of La Quinta shall ensure compliance grading permit. Monitoring and with the Coachella Valley Multiple Species Habitat Reporting: City of La Conservation Plan (CVMSHCP) and its associated Methods: See Quinta Implementing Agreement and shall ensure the Mitigation collection of payment of the CVMSHCP Local Measure Development Mitigation Fee and transfer of revenues to the Coachella Valley Conservation Commission. DESERT SANDS UNIFIED SCHOOL DISTRICT 40 47-950 dune Palms Road • La Quinta, California 92253 • (760) 777-4200 - FAX: (760) 771-8505 BOARD OF EDUCATON-. Humberto Alvarez Michael Duran, Trlcla Pearce. Linda Pwras, Dr Kailee Watson SUPERINTENDENT; Kelly May -Vol lmar, Ed.D. November 2, 2D23 Sent Via Email ONLY clflores@laquintaca.gov Cheri Flores, Planning Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Travertine Specific Plan Amendment Project DEIR Ms. Flores: This is in response to your request for comments on the above referenced project and its effect on public schools. We have reviewed documents and other clarification documents provided by the city and determined that a small portion of the project is within the district's boundaries. Please be advised, all actions toward residential and commercial development will result in an impact on our school system, The District's ability to meet the educational needs of the public with new schools has been seriously impaired in recent years by local, state, and federal budgets that have an impact on the financing of new schools. As you are aware, there is a school mitigation fee that is currently collected on all new development at the time building permits are issued. Please feel free to call me if you have further questions. Best Regards, PATRICK CISNEROS Director, Facilities Services \\riles\Facilities\SHARE FILES 3-12\3 DEVELOPER FEES\COMMENT LETTERS & DEVEL UPDATES\Comment Ltrs & Dev Updates - La Quinta\LQ Comment 2023-Travertine Specific Plan Amendment Proiect.docx The Future is Here! Tania Flores From: Jarek Dallos <jarek@oswitlandtrust.org> Sent: Monday, December 11, 2023 3:15 PM To: Planning WebMail Cc: judy@oswitlandtrust.org Subject: Fwd: Comment Letter: Re: Travertine Specific Plan Amendment / Comments to Draft Environmental Impact Statement Attachments: EXHIBIT A_Appendix D.5 TO DEIR, Joint JPR Comments from USFWL and CDFWL (March 4, 2021).pdf; Comment Letter (Oswit Land Trust)_2023.12.11_La Quinta DEIR_Travertine.pdf; EXHIBIT B_Appendix D.1 to DEIR, Bio Opinion with SRSJM Mitigation -Excerpts (Oct 2023).pdf, EXHIBIT D_Sonoma County Community Separators Protection Ordinance.pdf; EXHIBIT C_Northern Colordo Community Separator Report.pdf LSome people who received this message don't often get email from jarek@oswitlandtrust.org. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear Planning at La Quinta. I am reaching out on behalf of Jane Garrison, Executive Director of Oswit Land Trust, to share with you a comment letter regarding: Re: Travertine Specific Plan Amendment / Comments to Draft Environmental Impact Statement Please confirm receipt and distribute the attached letter to the City Council and the Planning Commission. Thank you. JAREK DALLOS I Executive Assistant Email: jarek@OswitLandTrust.Org U-S. FISH AND WILDLIFE SERVICE Zo CALIFORNIA D PARTMENT OF Palm Springs Fish and Wildlife orrice FISH AND WILDLIFE#� 777 E. Tahquitz Canyon Way, Suite 203 Inland Deserts Region Palm Springs. Califbmia 92262 3602 lrn land Empire Blvd., Suite C-220 Ontario, California 91764 In Reply Refer to: FWS/CDFW-ERIV-21 TA0680 March 4, 2021 Sent Electronically Peter Satin Coachella Valley Conservation Commission 73 -7 10 Fred Waring Drive, Suite 200 Palm Desert, California 92260 Subject: Joint Project Review 20-006 for the Travertine Residential Development, Coachella Valley Multiple Species Conservation Plan Dear Mr. Satin: The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Wildlife (CDFW), hereafter collectively referred to as the Wildlife Agencies, have reviewed the Joint Project Review (JPR) for the Travertine Project (Project), which we received from the Coachella Valley Conservation Commission (CVCC) on February 2, 2021. In accordance with the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), the Wildlife Agencies are providing the following comments to assist in your consistency determination for the subject JPR. PROJECT DESCRIPTION The Project is located in the City of La Quinta, within the Santa Rosa and San Jacinto Mountains Conservation Area (Conservation Area) of the MSHCP. Features of the Project include two water tanks, ancillary infrastructure, and an access road anticipated to result in a total of 6.5 acres of novel disturbance within the Conservation Area. This Project is a component of the Travertine Residential Development, a proposed 855-acre mixed -use residential, recreational, and commercial complex situated on a large alluvial fan at the base of the Santa Rosa Mountains and Martinez Rockslide, west of Madison Street and north of 62" d Avenue. The development's footprint includes 315 acres of land within the Conservation Area. Prior to the implementation of the MSHCP, section 7 consultation for the Travertine Development was initiated by the Bureau of Reclamation (BOR) and Bureau of Land Management (BLM) in 2005 to analyze effects to federally listed species from the proposed issuance of three right-of-way (ROW) grants and amendments to the Project proponents. The Service issued a Biological Opinion (BO) on December 7, 2005 which evaluated impacts of the development's entire footprint within the action area. JPR 20-006 evaluates the Project's consistency with MSHCP requirements for the proposed disturbance on the private land within the Conservation Area subject to review under section 6.6.1.1 of the MSHCP. Peter Satin (FWS/CDFW-ERIV-21TA0680) Joint Project Review Process: 2 The purpose of the Joint Project Review Process is to allow CVCC to facilitate and monitor implementation of the MSHCP. The Joint Project Review Process requires that the project application shall include, at a minimum, a project description; a map in either electronic format compatible with CVCC's GIS or a map on a USGS 7.5 minute topographic map, indicating the location of the proposed project, including section, township, and range; and Assessor's Parcel Number(s). CVCC is required to provide the Local Permittee an analysis of how the proposed project would impact: (1) the Conservation Area, and (2) Conservation Objectives and Required Measures delineated in Section 4.3 for each Conservation Area and in Section 9 for each proposed Covered Species' Goals and Objectives. Additionally, CVCC would analyze how the project would affect the maintenance of Rough Step in the affected Conservation Area. The project application information provided has insufficient information to evaluate if the Required Measures for the Conservation Area include the Covered Species Conservation Goals and Objectives in Section 9. These objectives include: (1) Objective lb: Ensure implementation of avoidance, minimization, and mitigation measures as described in Section 4.4, and Land Use Adjacency Guidelines as described in Section 4.5; and (2) Objective ld: Ensure that any development allowed does not fragment Habitat, and that edge effects from such Development are minimized. Insufficient information has been provided to adequately review if Land Use Adjacency Guidelines have been addressed. The Wildlife Agencies have outlined our comments and concerns below that should be addressed such that CVCC has adequate information to conclude the projects consistency determination. Wildlife Agencies Project Concerns The Wildlife Agencies have reviewed the JPR and would like to request the following items that pertain to the development as a whole: In addition to being state and federally listed, Nelson bighorn sheep [Peninsular Range DPS; Peninsular bighorn sheep (Ovis canadensis nelsoni); bighorn sheep] have the classification of Fully Protected by the State of California. This means that they may not be taken or possessed at any time and no licenses or permits may be issued for their take. Impacts to the habitat of bighorn sheep are permitted per the terms of the Service's BO and the MSHCP. The Wildlife Agencies ask that all project documents, including the JPR, are updated to accurately reflect this fact. 2. Please clarify if there are plans for fuel modification zones surrounding any of the development facilities. If so, please describe these fuel modification activities and their timing and location, and associated avoidance and minimization measures and land use adjacency guidelines to minimize impacts on the Conservation Area, bighorn sheep and their critical habitat. 3. Please clarify that all outdoor lighting associated with the development plan will be down -shielded and directed away from the hillsides in accordance with the City of La Quinta municipal code. Peter Satin (FWS/CDFW-ERIV-21TA0680) 3 Avoidance and Minimization Measures: Water Tanks and Nature Trail As discussed in the BO, the canyon mouth and alluvial fans extending from the southwest corner of the project site are essential foraging habitat for bighorn sheep. Because these habitats are located at a distance from escape habitat, bighorn sheep are cautious when foraging in these areas, while these habitats provide forage that is important for their survival. For this reason, the edge effects caused by the construction, operations, and maintenance of the water tanks and nature trail should be closely considered, minimized, and documented. The Wildlife Agencies concerns, and comments are outlined below: Water Tanks: The BO includes avoidance and minimization measures associated with the construction of the water tanks including, but not limited to, depressing and screening the tanks, painting above- ground portions of the tanks with non -reflective paint that blends with surrounding habitat, installing access gates to the maintenance road to reduce recreational use and development of new trails, and avoiding nighttime lighting of the water tank facilities. The JPR however, does not identify avoidance and minimization measures. Thus, the Wildlife Agencies request additional information, and recommend incorporation into the JPR specific avoidance and minimization measures to reduce impacts on the nearby Conservation Area and the area's important wildlife resources. The JPR states that 6.5 acres of additional disturbance are anticipated inside the Conservation Area for work related to the construction of two water tanks and the associated maintenance road. The BO states that the footprint of the water tanks and access road is expected to be 6 acres. Please clarify this discrepancy in impact acreage and any implications for compensatory mitigation. Please update the work plan with the anticipated timeline/phasing for the construction of the water tanks and associated road in relation to other project components. Some conditions and measures in the BO are expected to occur at certain points in the Project's timeline. 2. Please identify any areas where temporary impacts associated with the construction of the water tanks and/or road will take place. This should include an exhibit of the temporary impacts and restoration plans for these areas. Additionally, the Wildlife Agencies recommend that habitats are restored using native plant seeds sourced from the nearby area. 3. Please outline any operations and maintenance activities that will be required on the water tanks or associated road. This should include details on how impacts to wildlife resources will be avoided and/or minimized. Nature Trail: The BO includes avoidance and minimization measures associated with the construction and use of the nature trail including, but not limited to, fencing to discourage off -trail recreational use, signage on permitted uses of the trail, educational materials on bighorn sheep, and personnel to Peter Satin (FWS/CDFW-ERIV-21TA0680) 4 monitor trail use and control access to adjacent hills. The JPR however, does not identify avoidance and minimization measures; thus, the Wildlife Agencies are requesting additional information, and incorporation into the JPR specific avoidance and minimization measures to reduce impacts on the nearby Conservation Area and the area's important wildlife resources. Maps provided with the JPR show that a trail enters the Conservation Area (Exhibit 7 — Recreation Plan), and this is also reflected in the BO. Please confirm whether these trails have since been rerouted to avoid the Conservation Area. 2. The BO (pg. 4) states there will be a 200 ft buffer between the development and bighorn sheep habitat (100 ft buffer plus an additional 100 ft buffer associated with the nature trail). Are these setbacks consistent with the current development plan? 3. In previous meetings, Wildlife Agencies have discussed the idea of moving the nature trail further away from the Conservation Area. However, the Wildlife Agencies are unable to determine if that recommendation was implemented. Thus, we recommend that a larger buffer area is created between the nature trail and the Martinez Rockslide to minimize edge effects. 4. Please indicate if any nighttime artificial lighting will be used in association with the nature trail. The Wildlife Agencies recommend no nighttime artificial lighting is used along the trail to avoid negative impacts the wildlife resources. Trail use curfews should be clearly identified using signage and specific measures identified on how curfews will be enforced and who is responsible for enforcement. 5. Please add additional details on the permitted uses of the nature trail as the JPR does not clearly identify the types of use that will be allowed on the nature trail. The Wildlife Agencies recommend the Project ensures compatibility of recreation types to avoid and/or minimize impacts to wildlife resources. For instance, equestrian use and mountain biking are generally not compatible on the same trail system. 6. Please clarify what enforcement mechanisms will exist to identify, control, and enforce the construction of new trails, off -trail use, and other prohibited recreational activities. 7. In addition to fencing plans in the BO, the Wildlife Agencies recommend that a post and cable type fencing is used along the nature trail and in other areas adjacent to conserved areas. This type of fencing has proven helpful at keeping recreational users on the nature trail and out of sensitive resource areas. SUMMARY The Wildlife Agencies are unable to complete their comments on the JPR given the outstanding questions included in this response letter. We recommend addressing the insufficient information identified above to make determination of consistency with the MSHCP. We appreciate the efforts by the project applicant and CVCC to work with the Wildlife Agencies to address the concerns regarding consistency with the MSHCP. We are available to continue to work with the project Peter Satin (FWS/CDFW-ERIV-2 I TA0680) 5 applicant and CVCC to define a project that is consistent with the conservation goals and objectives identified in the MSHCP. We appreciate the opportunity to provide comments on this Joint Project Review. If you have any questions regarding our comments, please contact Alicia Thomas 1 at the Service, or Carly Beck of the CDFW. Sincerely, IDoccuu Slig/n'e^d by: DF423498814B441... for Rollie White for Scott Wilson Assistant Field Supervisor Environmental Program Manager U.S. Fish and Wildlife Service California Department of Fish and Wildlife cc: Cheri Flores, Planning Manager, City of La Quinta 1 alicia_thomas@fws.gov 2 carly.beck@wildlife.ca.gov December 11, 2023 Public Comment Period: 10/27/23 — 12/11/23 To the City of La Quinta: Jennifer Nelson, City Manager Cheri Flores, Planning Manager CC: Vincent James, U.S. Fish and Wildlife Service (USFWS) Heather Pert, California Dept. of Fish and Wildlife (CDFW) Peter Satin, CVAG Program Manager, Conservation Jane Garrison, Executive Director of Oswit Land Trust Bettina Rosmarino, Land Acquisition Project Manager Judy Deertrack, Attorney Re: Travertine Specific Plan Amendment / Comments to Draft Environmental Impact Statement To Whom It May Concern: Oswit Land Trust is a 501C3 non-profit land conservancy dedicated to preserving critical habitat for wildlife corridors and sensitive species. We achieve our goals through the acquisition of land and advocacy. We are a proud member of the Land Trust Alliance and have over 3,000 active members who are residents within the Coachella Valley and beyond. PROJECT DESCRIPTION - The Project consists of the following entitlement applications: a General Plan Amendment (GPA 2017-0002), a Zone Change (ZC 2017-0002), a Specific Plan Amendment (SP 2017-0004), a Tentative Tract Map (TTM 2017-0008), and a Development Agreement (DA 2021-0001). The proposed Project includes development of a mix of uses including up to 1,200 dwelling units, two community parks on 378.8 acres; a 38.3-acre resort/spa facility with boutique hotel and 175-seat restaurant, 97,500 square feet of resort villas, and 8,700 square feet of spa and wellness center, as well as yoga and tennis courts; a 46.2-acre resort/golf facility with a 5,500- square-foot golf academy, a clubhouse, and banquet restaurant (500-seat capacity). The Project also proposes recreational open space consisting of a 5-mile public trail system, staging areas, gathering areas, and passive and active spaces on approximately 55.9 acres. Natural open space land uses are proposed to occur on approximately 301.2 acres on the southern portion of the 0switLandTrust.org 1760.385.8255 Oswit Land Trust, PO Box 4024, Palm Springs, CA 92263 Project property for conservation and preservation purposes. The Project also proposes offsite utility improvements located east and northeast of the Project. PUBLIC COMMENTS - Oswit Land Trust is a 5010 non-profit land conservancy dedicated to preserving critical habitat for wildlife corridors and sensitive species. We achieve our goals through the acquisition of land and advocacy. We are a proud member of the Land Trust Alliance and have over 3,000 active members who are residents within the Coachella Valley and beyond. Oswit Land Trust supports the City of La Quinta in its endeavor to create a mixture of residential housing types, including low-income housing choices, within its city limits. We know and appreciate the great effort and care that goes into this outcome. As an organization promoting a healthy balance of urban development with sound environmental practices, we welcome the opportunity to give the City of La Quinta public commentary. Oswit Land Trust asks the City of La Quinta to ensure USFWL and CDFWL and other trustee agencies have all necessary information from the city and developer requested in their March 2021 JPR Comment Letter prior to action on the DEIR; with assurance that the Joint Project Review is complete and satisfactory to all federal and state agencies; and that any ensuing mitigation measures are fully adopted in the Draft Environmental Impact Report prior to consideration for certification. Under the terms of the CVMSHCP and Joint Project Review, Trustee Agency review should be fully incorporated into the CVCC Joint Project Review (JPR) and finalized by the parties prior to initiation of CEQA. This is a critical factor, because the outcome of federal / state trustee input adapts project design and the mitigation program. OVERVIEW - Oswit Land Trust would be pleased to meet with the Planning Department or community leadership and discuss possibilities of giving greater input into ways the city might incorporate future environmental protection into its Land Use Element, Conservation Element, Open Space Element, and/or Climate Action Plan. Our organization has achieved a prominent role in stewardship of open space lands, and we would be proud to find ways we can partner with the City of La Quinta to share meaningful information. 0switLandTrust.org 1760.385.8255 Oswit Land Trust, Po Box 4020, Palm Springs, CA 92263 The City of La Quinta is known for its sensitivity towards preserving the natural beauty and integrity of its resort town character and neighborhood quality of life while respecting the unique qualities and demands of its surrounding natural environment. This certainly includes the privilege of living both within and adjacent to the viewshed and protection of the stunning Santa Rosa and San Jacinto Mountains Conservation Area (SRSJM). The Coachella Valley is fortunate to possess a nearby rare sanctuary for endangered and threatened species, or the Living Desert Zoo and Gardens. The Living Desert's education programs catalogue the devastating decline of flora and fauna that has occurred both locally and worldwide within the last century, and it is a warning that the beauty and "hospitality of nature" we so completely take for granted may end unless we attend to the reality of its needs. Within this beautiful valley, all residents and community leaders have the opportunity of preservation. The footprint for this has come through the education, labor, and sacrifice of many brilliant men and women who came before us, whether that be the native tribes who maintained the valley in pristine condition through the millennia, or the scientists, politicians, and biologists who have created the stunning preserves that surround us. Now it is time to honor their work. The Oswit Land Trust nonprofit leadership and the members that support us ask that the City of La Quinta remain deeply sensitive to hillside protection, open space preservation, watershed protection, scenic views, and species preservation. The Travertine Project can only be seen as an intrusion and threat, and for very logical reasons. Its placement intrudes into biological areas that are classified as highly sensitive. What is missing is the expected "buffer" between high intensity urban uses and a rare and endangered ecosystem that lies both within Travertine project boundaries and adjacent to its boundaries. Our objection is (1) the ill-advised placement of resort activity and high -intensity residential uses in a hillside and sensitive watershed environment; (2) together with a concern that the environmental documentation does not show the level of detail and thoughtfulness on how and in what manner the Travertine project design must adapt to ensure compatibility with its surroundings or compliance with legal mandates from federal and state agencies. Oswit Land Trust reviewed the Draft EIR and its copious Appendices, trying to find an integrated view of the project mitigation, and it does not exist. The mitigation approach is quite standardized 0switLandTrust.org 1760.385.8255 Oswit Land Trust, PO Box 4024, Palm Springs, CA 92263 in a setting that calls for detail, explicitness, and organization so that the decisionmakers, public, and agencies can determine whether compatibility with federal and state standards and environmental mitigation has been achieved. We doubt that it has yet been achieved, but the "hunt" for missing threads of information to tie back to agency requirements is daunting. As support for what we say, the February 2021 Joint Project Review (JPR) by the Coachella Valley Conservation Commission (CVCC) concludes (with no proffered evidence to support those conclusions) that the project design in the disturbed area (6.5 acres) has no impact on protected species, and the project complies with the CVMSHCP on the 315 acres with the Conservation Area. The JPR was distributed to US Fish and Wildlife (USFWL) and the California Department of Fish and Wildlife (CDFWL) in March 2021. Those agencies promptly issued a joint reply to CVCC in which they concluded the JPR failed to include "Avoidance and Minimization Measures" to reduce impacts to the nearby Conservation Areas, and without those identified measures, the agencies are "unable to complete our comments on the JPR." To our knowledge, this has not yet been resolved. At least, the record available to us appears deficient. Our research did not reveal later input from USFWL or CDFWL. USFWL and CDFWL, in March 2021, challenged the adequacy of information from the applicant to ensure that the project would (1) avoid fragmenting the Bighorn Sheep habitat area; (2) demonstrate a plan to achieve full mitigation of "edge effects" to the Conservation Area; (3) protect the canyon "mouth" and alluvial fans from human intrusion; (4) demonstrate full mitigation for construction activity around the water tanks and access road; and (5) demonstrate plans for adequate fencing, signage and education to prevent off -trail recreational use (including full compliance with regional fencing and trails plans). Oswit Land Trust checked all Appendices posted at the State Clearinghouse website for the Travertine Specific Plan Amendment, and we have not seen subsequent clearances from USFWL or CDFWL that completes the Joint Project Review. Since mitigation relies upon completion of the JPR, the Draft EIR cannot be ready for certification if this has not occurred. CVMSHCP JOINT PROJECT REVIEW STATUS — Oswit Land Trust has attached the joint comment letter from USFWL and CDFWL of March 4, 2021, (Exhibit A) but we would like to set forth and reiterate the explicit concerns of the agencies within the body of our comment letter. During our 0sw1tLandTrust.org 1760.385.8255 Oswit Land Trust, PO Box 4024, Palm Springs, CA 92263 research, we checked the Biological Opinion (October 2023), Appendix D.I. to the Draft Environmental Impact Statement (DEIR) posted on the State Clearinghouse, and found a poor, if not entirely deficient correlation between these requests from the trustee agencies for the Conservation Area, and the description of intended mitigation in the Biological Opinion of the DEIR (Appendix D.1). We have attached excerpts of the Bio Opinions. (Exhibit B). The text of the USFWL and CDFWL JPR Comments (March 4, 2021) follows: "The project application information provided has insufficient information to evaluate if the Required Measures for the Conservation Area include the Covered Species Conservation Goals and Objectives in Section 9. These objectives include: (1) Objective 1b: Ensure implementation of avoidance, minimization, and mitigation measures as described in Section 4.4, and Land Use Adjacency Guidelines as described in Section 4.5; and (2) Objective 1d: Ensure that any development allowed does not fragment Habitat, and that edge effects from such Development are minimized. Insufficient information has been provided to adequately review if Land Use Adjacency Guidelines have been addressed. The Wildlife Agencies have outlined our comments and concerns below that should be addressed such that CVCC has adequate information to conclude the projects consistency determination." At page 2. Wildlife Agency Project Concerns: 1. "In addition to being state and federally listed, Nelson bighorn sheep [Peninsular Range DPS; Peninsular bighorn sheep (Ovis canadensis nelsoni), bighorn sheep] have the classification of Fully Protected by the State of California. This means that they may not be taken or possessed at any time and no licenses or permits may be issued for their take. Impacts to the habitat of bighorn sheep are permitted per the terms of the Service's BO and the MSHCP. The Wildlife Agencies ask that all project documents, including the JPR, are updated to accurately reflect this fact. 2. Please clarify if there are plans for fuel modification zones surrounding any of the development facilities. If so, please describe these fuel modification activities and their timing and location, and associated avoidance and minimization measures and land use adjacency guidelines to minimize impacts on the Conservation Area, bighorn sheep and their critical habitat. 0switLandTrust.org 1760.385.8255 Oswit Land Trust, PO Box 4024, Palm Springs, CA 92263 3. Please clarify that all outdoor lighting associated with the development plan will be down -shielded and directed away from the hillsides in accordance with the City of La Quinta municipal code." Water Tanks: "The BO includes avoidance and minimization measures associated with the construction of the water tanks including, but not limited to, depressing and screening the tanks, painting above- ground portions of the tanks with non - reflective paint that blends with surrounding habitat, installing access gates to the maintenance road to reduce recreational use and development of new trails, and avoiding nighttime lighting of the water tank facilities. The JPR however, does not identify avoidance and minimization measures. Thus, the Wildlife Agencies request additional information, and recommend incorporation into the JPR specific avoidance and minimization measures to reduce impacts on the nearby Conservation Area and the area's important wildlife resources. 1. The JPR states that 6.5 acres of additional disturbance are anticipated inside the Conservation Area for work related to the construction of two water tanks and the associated maintenance road. The BO states that the footprint of the water tanks and access road is expected to be 6 acres. Please clarify this discrepancy in impact acreage and any implications for compensatory mitigation. Please update the work plan with the anticipated timeline/phasing for the construction of the water tanks and associated road in relation to other project components. Some conditions and measures in the BO are expected to occur at certain points in the Project's timeline. 2. Please identify any areas where temporary impacts associated with the construction of the water tanks and/or road will take place. This should include an exhibit of the temporary impacts and restoration plans for these areas. Additionally, the Wildlife Agencies recommend that habitats are restored using native plant seeds sourced from the nearby area. 3. Please outline any operations and maintenance activities that will be required on the water tanks or associated road. This should include details on how impacts to wildlife resources will be avoided and/or minimized." At page 3. OswitLanffrust.org 1760.385.8255 Oswit Land Trust, PO Box 4024, Palm Springs, CA 92263 Nature Trail: "The Biological Opinion (BO) includes avoidance and minimization measures associated with the construction and use of the nature trail including, but not limited to, fencing to discourage off -trail recreational use, signage on permitted uses of the trail, educational materials on bighorn sheep, and personnel to monitor trail use and control access to adjacent hills. The JPR however, does not identify avoidance and minimization measures; thus, the Wildlife Agencies are requesting additional information, and incorporation into the JPR specific avoidance and minimization measures to reduce impacts on the nearby Conservation Area and the area's important wildlife resources. 1. Maps provided with the JPR show that a trail enters the Conservation Area (Exhibit 7 — Recreation Plan), and this is also reflected in the BO. Please confirm whether these trails have since been rerouted to avoid the Conservation Area. 2. The BO (pg. 4) states there will be a 200 ft buffer between the development and bighorn sheep habitat (100 ft buffer plus an additional 100 ft buffer associated with the nature trail). Are these setbacks consistent with the current development plan? 3. In previous meetings, Wildlife Agencies have discussed the idea of moving the nature trail further away from the Conservation Area. However, the Wildlife Agencies are unable to determine if that recommendation was implemented. Thus, we recommend that a larger buffer area is created between the nature trail and the Martinez Rockslide to minimize edge effects. 4. Please indicate if any nighttime artificial lighting will be used in association with the nature trail. The Wildlife Agencies recommend no nighttime artificial lighting is used along the trail to avoid negative impacts the wildlife resources. Trail use curfews should be clearly identified using signage and specific measures identified on how curfews will be enforced and who is responsible for enforcement. 5. Please add additional details on the permitted uses of the nature trail as the JPR does not clearly identify the types of use that will be allowed on the nature trail. The Wildlife Agencies recommend the Project ensures compatibility of recreation types to avoid and/or minimize impacts to wildlife resources. For instance, OswitLanffrust.org 1760.385.8255 Oswit Land Trust, PO Box 4024, Palm Springs, CA 92263 equestrian use and mountain biking are generally not compatible on the same trail system. 6. Please clarify what enforcement mechanisms will exist to identify, control, and enforce the construction of new trails, off -trail use, and other prohibited recreational activities. 7. In addition to fencing plans in the BO, the Wildlife Agencies recommend that a post and cable type fencing is used along the nature trail and in other areas adjacent to conserved areas. This type of fencing has proven helpful at keeping recreational users on the nature trail and out of sensitive resource areas." At pages 3 and 4 CEQA REQUIREMENTS — COMPLETION OF THE JPR PRIOR TO INITIATION OF CEQA — The initiation, sequence, timing, and finalization of the CVMSHCP Joint Project Review (JPA) should occur at the earliest possible stage, according to Section 6.6.1.1 JPA Agreement, to identify and incorporate the requirements of federal / state trustee agencies into project design. As a legal point, the JPA should be finalized priorto initiation of a Draft Environmental Impact Report (DEIR) for submission and circulation for public review. As requested above, Oswit Land Trust is asking that the following CVMSHCP requirement be shared with legal counsel for the City of La Quinta for a determination of whether the JPA process is incomplete and pending, and an evaluation of its impact on DEIR review: "6.6.1.1. Joint Project Review Process within Conservation Areas For purposes of overseeing compliance with the requirements of the MSHCP and the IA, a Joint Project Review Process shall be instituted by CVCC for all projects under the Local Permittees' jurisdiction in a Conservation Area that would result in disturbance to Habitat, natural communities, Biological Corridors, or Essential Ecological Processes. O&M of Covered Activities is not subject to the Joint Project Review Process. This process shall in no way limit the Local Permittees' land use authority. The purpose of the Joint Project Review Process is to allow CVCC to facilitate and monitor implementation of the MSHCP. To assist the Local Permittees in meeting the Conservation Goals and Objectives and implementing the Required Measures of the Plan, Local Permittees' Covered Activities identified in Tables 7-1 through 7-12 as having the potential to affect connectivity of habitat within the Conservation Areas shall consult with CVCC at the pre- design stage regarding the size, location, and configuration of wildlife undercrossings. Consultation 0switLandTrust.org 1760.385.8255 Oswit Land Trust, PO Box 4024, Palm Springs, CA 92263 with CVCC is needed at this early stage to ensure that alternatives are fully evaluated to achieve Conservation Area Conservation Objectives prior to public release of environmental documents prepared pursuant to CEQA. [emphasis added]" "COMMUNITY SEPARATOR" PROVISIONS AND OVERLAY ZONES — A secondary issue we would like to present is the prevalence of research information from cities and counties in California and throughout the United States who are using "community separator zones" to buffer sensitive impact areas from high intensity urban uses. These procedures appear to be in prolific use throughout planning communities and are highly popular with the public. We urge the City of La Quinta to give attention to this concept. (1) Oswit Land Trust has attached a Northern Colorado study (Exhibit C) that concentrates upon a "buffer" plan to correct the loss of community identity (community "edges") and prevent small Northern Colorado towns from merging into an indistinguishable metropolitan mass. Despite its urban emphasis, the study prominently includes protection of agricultural lands and natural resource areas and identifies the criteria, using a ranking of values (1-5) of future planned open space buffer (corridor) characteristics. In popular support of the study findings, a majority of Northern Colorado communities entered into a cooperative planning agreement (Inter -Agency Agreement) to adopt the planning principles of "community separators," and it is currently in wide use. The significance of this approach is that the study criteria identifies biological "corridors" and "linkages" critical to maintain so that migration of species and water flow can be maintained, and it prevents urban growth from "pressing" into these areas to degrade environmental values. The biological sensitive areas are either surrounded by buffers or "separators" or they become the "separators" themselves, depending upon their classification. The method uses California's standard practice of adopting goals and objectives that reflect data, studies, science, ranking of values, and GIS mapping to understand how land values interact. This level of assessment is badly needed in the Coachella Valley. "Community Separators" or "Urban Edges" as an Open Space concept (included in the General Plan of a city or county) is in wide use throughout the United States and California. Given the advanced opportunities and environmental values of the Coachella Valley, its use locally is imperative. The CVMSHCP Adjacency Guidelines were not designed to achieve this result, since their emphasis is internal to CVMSHCP core land areas but can be coordinated with this effort. 0switLandTrust.org 1760.385.8255 Oswit Land Trust, PO Box 4024, Palm Springs, CA 92263 (2) A second document attached (Exhibit D) is a voter ballot issue adopted in 2016 in the County of Sonoma. The local surveys showed 85% public approval of buffering guidelines to prevent urban sprawl into sensitive areas and to prevent loss of "urban edges" between local jurisdictions. The ballot vote passed with 81% voter approval in 2016. This was a renewal of a 1996 voter initiative that had passed with great public support but needed to be renewed with a lifeline of success spanning twenty-seven years to protect natural land areas in Sonoma County. We offer these planning examples to inspire local leadership with the possibility of increasingly effective ways to reconcile aggressive population growth with sound environmental stewardship. Oswit Land Trust, its leadership, staff, and members thanks the community of La Quinta for your hard work and dedication to preserving strong community values. We look forward to meeting with you and sincerely hope to find ways to partner in achieving our joint goals. Sincerely, g4�z-tt "-- �*/ �� Jane Garrison, Executive Director Oswit Land Trust ATTACHMENTS: Exhibit A — Appendix D.5 to DEIR, Joint JPR Comments from USFWL and CDFWL (March 4, 2021) Exhibit B —Appendix D.1 to DEIR, Bio Opinion with SRSJM Mitigation- Excerpts (October 2023) Exhibit C — Northern Colorado Community Separator Report Exhibit D — Sonoma County Community Separators Protection Ordinance 0switLandTrust.org 1760.385.8255 Oswit Land Trust, PO Box 4024, Palm Springs, CA 92263 TRAVERTINE SPECIFIC PLAN AMENDMENT CEQANet DEIR (Comments to Dec 11, 2023) Mitigation of Bighorn Sheep Impacts EXCERPTS (J.Deertrack) Appendix D.1 Biological Assessment MBI, 2022 Travertine SPA Draft EIR SCH# 201811023 Technical Appendices October2023 TRAVERTINE PROJECT CITY OF LA QUINTA, COUNTY OF RIVERSIDE, CALIFORNIA Biological Resources Assessment Prepared For: TRG LAND, INC. 898 Production Place Newport Beach, California 92663 Contact: Mark Rogers 949.340.2562 Prepared By: MICHAEL BAKER INTERNATIONAL 5 Hutton Centre Drive, Suite 500 Santa Ana, California 92707 Contact: Richard Beck, PWS, CERP, CPESC 949.855.3687 March 2022 JN 182517 TRAVERTINE PROJECT CITY OF LA QUINTA, COUNTY OF RIVERSIDE, CALIFORNIA Biological Resources Assessment The undersigned certify that the statements furnished in this report and exhibits present data and information required for this biological evaluation, and the facts, statements, and information presented is a complete and accurate account of the findings and conclusions to the best of our knowledge and beliefs. Tom Millington Senior Biologist Arthur Popp Senior Biologist Richard Beck, PWS, CPESC, CERP Vice President March 2022 JN 182517 Section 4 — Project Impact Analysis ...................................................................................................................................................................................................................................................... 4.9.1 SPECIAL -STATUS WILDLIFE SPECIES Eighteen measures were included in the BO to avoid direct take of Peninsular bighorn sheep, limit habitat loss, and avoid indirect construction -related and post -construction -related impacts to Peninsular bighorn sheep, and to achieve consistency with the CVMSHCP in regard to Peninsular bighorn sheep. These measures focus on trail locations, habitat acquisition and long-term management, funding of research, future evaluations for the need of a wildlife fence, project design considerations, prohibition of invasive non-native plant species in project landscaped areas, noise reduction, the prevention of light spillage into open space and the SRSJM Conservation Areas, and provision of educational interpretive materials located along the proposed trail system. The following measures are recommended to avoid direct and indirect impacts to Peninsular bighorn sheep and to ensure consistency with the BO (refer to Appendix D) and CVCC's Final JPR (refer to Appendix E): BI0-1: An 8-foot-tall wildlife fence constructed of tubular steel and painted to blend in with the desert environment will be installed where the project interfaces with Coral Mountain along the northern boundary and extend southward along the western and southern boundary of proposed development to minimize Peninsular bighorn sheep from entering the project. The fence will extend to where Avenue 62 intersects with the eastern project boundary (refer to Appendix F, Overall Wall Plan). BI0-2: A Community Grand Loop Trail will be located along the outer perimeter of the proposed development, providing an additional buffer between the trail edge and the natural open space associated with the adjacent alluvial fan and the Santa Rosa Mountain foothills, including the Martinez Rock Slide. This trail system will incorporate educational elements highlighting native desert ecology and floral and faunal species, including Peninsular bighorn sheep. BI0-3: All lighting located within the development footprint with the potential to illuminate the adjacent open space will be down -shielded to prevent light spillage. The trail separating the project from undeveloped native desert areas will only have four lights at each main loop trail rest area, and these will be 2-foot-tall path downlights. Where a community open space is against the project's perimeter, there will be only 2-foot-tall path lights in areas approved for human activities. Shade structures associated with community spaces adjacent to undeveloped native desert areas will not have lighting. All 2-foot-tall lights will be on a master timer will be turned off between 10:00 p.m. and civil morning twilight. The project will adhere to the City's Outdoor Lighting Ordinance. 11I0-4: Where the project is located adjacent to the SRSJM Conservation Area along its western edge, a minimum buffer of 74 feet will be incorporated between undeveloped native desert areas and private homeowner parcels and public gathering areas. Each private homeowner parcel along this western edge will have fencing at the top of slope with Lexan panels to dampen noise to an appropriate level. In addition, the project will adhere to the City's Noise Ordinance. Travertine Project 43 Biological Resources Assessment Section 4 — Project Impact Analysis ...................................................................................................................................................................................................................................................... BI0-5: All plant species identified as invasive by the CVMSHP, or that are known to be toxic to Peninsular bighorn sheep, will be prohibited from inclusion in project landscaping. A project - specific list of prohibited plant species will be prepared by a qualified biologist for use in developing the Project Landscape Plan. The project site contains suitable habitat for burrowing owls and Le Conte's thrasher. Pursuant to the CVMSHCP, take avoidance surveys are required prior to construction to avoid the direct harm to burrowing owls and Le Conte's thrasher. The following measure is recommended to avoid direct impacts to burrowing owls and to ensure consistency with the CVMSHCP: BI0-6: A Qualified Biologist will prepare and present to each employee (including temporary, contractors, and subcontractors) a Worker Environmental Awareness Program (WEAP) prior to the initiation of work. They will be advised of the special -status wildlife species in the project site, the steps to avoid impacts to the species and the potential penalties for taking such species. At a minimum, the WEAP will include the following topics: occurrence of the listed and sensitive species in the area, their general ecology, sensitivity of the species to human activities, legal protection afforded to these species, penalties for violations of federal and State laws, reporting requirements, and project features designed to reduce the impacts to these species and promote continued successful occupation of habitats within the project area. Included in this WEAP will be color photographs of the listed species, which will be shown to the employees. Following the WEAP, the photographs will be posted in the contractor and resident engineer office, where they will remain through the duration of the project. The contractor, resident engineer, and the Qualified Biologist will be responsible for ensuring that employees are aware of the listed species. If additional employees are added to the project after initiation, they will receive instruction prior to working on the project. BI0-7: Prior to construction, the construction area and adjacent habitat within 500 feet of the construction area, or to the edge of the property if less than 500 feet, will be surveyed by a Qualified Biologist for burrows that could be used by burrowing owl. Two (2) surveys will be conducted, with one survey to be conducted between 14 and 30 days prior to site disturbance, and a second survey to be conducted within 24 hours of site disturbance, following methods described in the Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012). If a burrow is located, the Qualified Biologist will determine if an owl is present in the burrow. If the burrow is determined to be occupied, the burrow will be flagged and a 160-foot buffer during the non -breeding season and a 250-foot buffer during the breeding season, or a buffer to the edge of the property boundary if less than 500 feet, will be established around the burrow. The buffer will be staked and flagged. No construction will be permitted within the buffer until the young are no longer dependent on the burrow. If the burrow is unoccupied, the burrow will be made inaccessible to burrowing owls, and construction activities may proceed. If either a nesting or escape burrow is occupied, burrowing owls shall be relocated pursuant to accepted protocols and in coordination with the Wildlife Travertine Project 44 Biological Resources Assessment Section 4 — Project Impact Analysis ...................................................................................................................................................................................................................................................... Agencies (CDFW and USFWS). A burrow is assumed occupied if records indicate that, based on surveys conducted following protocol, at least one burrowing owl has been observed occupying a burrow on site during the past three years. If there are no records for the site, surveys must be conducted to determine, prior to construction, if burrowing owls are present. 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. Active relocation and eviction/passive relocation require the preservation and maintenance of suitable burrowing owl habitat determined through coordination with the Wildlife Agencies. BIO-8: Prior to the start of construction activities during the nesting season (January 15 through June 15) in modeled Le Conte's thrasher habitat in the SRSJM Conservation Area, surveys will be conducted by a Qualified Biologist on the construction site and within 500 feet of the construction site, or to the property boundary if less than 500 feet. If nesting Le Conte's thrashers are found, a 500-foot buffer, or to the property boundary if less than 500 feet, will be established around the nest site. The buffer will be staked and flagged. No construction will be permitted within the buffer during the breeding season (January 15 through June 15) or until the young have fledged. Habitats and vegetation within and surrounding the project site have the potential to support nesting black - tailed gnatcatcher, loggerhead shrike, long-eared owl, osprey, prairie falcon, and other common birds. Nesting birds are protected pursuant to the MBTA and CFGC. As such, the following measure is recommended to avoid impacts to nesting birds: BIO-9: As feasible, vegetation clearing should be conducted outside of the nesting season, which is generally identified as February 1 through September 15. If avoidance of the nesting season is not feasible, then a qualified biologist shall conduct a nesting bird survey within three days prior to any disturbance of the site, including disking, demolition activities, and grading. If active nests are identified, the biologist shall establish suitable buffers around the nests, and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. 4.9.2 JURISDICTIONAL WATERS AND SENSITIVE NATURAL COMMUNITIES As stated in Section 4.3 above, the proposed project would temporarily impact approximately 12.15 acres and permanently impact 53.15 acres of RWQCB non -wetland WoS. In addition, the proposed project would the proposed project would temporarily impact approximately 12.15 acres and permanently impact 53.15 acres of CDFW jurisdictional streambed, as well as temporarily impact approximately 2.67 acres and permanently impact 10.73 acres of DDWW habitat (Parkinsonia florida — Olneya tesota Woodland [Parkinsonia florida Association]) under CDFW jurisdiction. Approximately 1.26 acres of temporary impacts and 5.82 acres of permanent impacts to DDWW habitat occurs within the CDFW jurisdictional streambed and the remaining 1.41 acres of temporary impacts and 4.91 acres of permanent impacts to Travertine Project 45 Biological Resources Assessment Section 4 — Project Impact Analysis ...................................................................................................................................................................................................................................................... DDWW habitat (Parkinsonia florida — Olneya tesota Woodland [Parkinsonia florida Association]) is associated with the CDFW jurisdictional streambed. As such, the following mitigation measures are recommended: BIO-10: Prior to initiating any impacts to jurisdictional waters as a result of any components of the proposed project, the project proponent will obtain a Section 1602 Streambed Alteration Agreement from CDFW and will notify the RWQCB pursuant to WDR. BIO-11: Impacts to RWQCB jurisdictional WoS and CDFW jurisdictional streambed, including DDWW habitat (Parkinsonia florida — Olneya tesota Woodland [Parkinsonia florida Association]) resulting at the project site will be mitigated through a combination of preserving existing jurisdictional waters within the project footprint, acquiring additional lands containing jurisdictional waters, and/or purchasing mitigation credits through an approved mitigation bank. The specific mitigation has not yet been identified, although it is expected to include the approximately 68.24 acres of jurisdictional waters identified by the 2021 delineation (Michael Baker 2021) to be avoided by the project and additional mitigation opportunities to be identified through coordination with CDFW and RWQCB either during the permitting process or potentially through early coordination with those agencies. Impacts to non -riparian waters will be mitigated at a minimum 1:1 ratio. Impacts to riparian vegetation will be mitigated at a minimum 2:1 ratio. 4.9.3 INDIRECT IMPACTS As noted above in Section 5.9, the proposed project has the potential to result in indirect effects to sensitive resources, including Peninsular bighorn sheep, particularly along the western and southern edges of the project footprint. In general, the proposed project will include design features and other measures to avoid or minimize indirect effects as the result of drainage, toxics, artificial lighting, noise, invasive plant species, and/or unauthorized access to adjacent open space and SRSJM Conservation Area. BIO-12: Drainage and Toxics: The project will drain away from the open space and SRSJM Conservation Area, and so is not expected to result in impacts to sensitive resources as a result of drainage, including toxics that be generated on site. Regardless, the project will develop a SWPPP to address runoff and water quality during construction, and the proposed project is designed to address water quality post -construction. BIO-13: Arti acial Lighting: Night lighting shall be directed away from adjacent open space and SRSJM Conservation Area to protect wildlife from direct night lighting. Light fixtures adjacent to open space will be shielded and utilize low intensity lighting. If night lighting is required during construction, shielding shall be incorporated to ensure ambient lighting adjacent conservation lands are not increased. Travertine Project 46 Biological Resources Assessment Section 4 — Project Impact Analysis ...................................................................................................................................................................................................................................................... BIO-14: Noise: The project will incorporate setbacks, berms, and/or walls as applicable to minimize the effects of noise on wildlife pursuant to applicable rules, regulations and guidelines related to land use noise standards. BIO-15: Invasive Plants: Landscaping areas adjacent to proposed open space will not include invasive plant species, including plants identified as invasive by the California Invasive Plant Council (Cal-IPC) and the CVMSHCP. BIO-16: Unauthorized Access: The project will incorporate barriers to avoid/minimize unauthorized access to adjacent open space, including fencing, gates, or other effective barriers. Travertine Project 47 Biological Resources Assessment County of Sonoma State of California THIS VOTER MEASURE CE—)) PASSED IN NOVEMBER 2016 BY 81% VOTE OF THE PEOPLE Date: August 2, 2016 THE WITHIN INSTRUMENT IS A CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE ATTEST: AUG G 2 2016 it by�]c II!U1y �3, ECRETAF `( Item Number: 9 Resolution Number: 16-0282 r— 4/5 Vote Required Resolution Of The Board Of Supervisors Of The County Of Sonoma, State Of California, Calling A Special Election On The Community Separators Protection Ordinance, To Be Consolidated With The November 8, 2016 General Election Whereas, in November 1996, the voters of Sonoma County approved Ordinance 5003R requiring voter approval of certain revisions of or amendments to the boundaries of or land use regulations applicable to Community Separators created by the 1989 Sonoma County General Plan, and in November 1998, the voters of Sonoma County approved Ordinance 5145R requiring voter approval of any increase in the allowed density or intensity of land uses allowed within the expanded Petaluma/Novato Community Separator, specifying certain highway design criteria, and providing for bicycle lanes; and Whereas, Ordinance 5003R and its voter approval protections will expire at the end of 2016, and Ordinance 5145R and its voter approval protections will expire at the end of 2018; and Whereas, Elections Code section 9140 authorizes this Board to submit ordinances to the voters without the prior presentation of an initiative; and Whereas, in December 2015, this Board approved a Community Separators work plan and directed County staff to prepare a ballot measure for the November 2016 general election to extend the voter approval protections for Community Separators; and Whereas, in accordance with the provisions of law, the Sonoma County Planning Commission ("the Planning Commission") conducted duly noticed public hearings on the proposed ballot measure ("the Community Separators Protection Ordinance") on June 23, 2016, and June 30, 2016, at which time all interested persons were given an opportunity to be heard on the matter, and the Planning Commission recommended that the Community Separators Protection Ordinance be placed on the November 8, 2016 general election ballot; and CDH 3178007.3 Resolution #16-0282 Date: August 2, 2015 Page 2 Whereas, in accordance with the provisions of law, this Board conducted a duly noticed public hearing on the Community Separator Protection Ordinance on July 19, 2016, at which time all interested persons were given an opportunityto be heard; and Whereas, this Board finds that the Community Separators Protection Ordinance is a matter of significant public policy that 15 appropriate for the voters of 5onorna County to decide; Now, Therefore, Be It Resolved that the Board of Supervisors of the County of Sonoma hereby finds, declares, determines, and orders as follows: A special election is hereby called for November 8, 2016, on the proposed Community Separators Protection Ordinance, which is attached hereto, marked Exhibit "A," and incorporated herein, and this election is herebyordered to be consolidated with the general election occurring on that date. Theme asure shall be submitted to the voters in the following form: In order to preserve rural open space and agricultural land, maintain community identities, and prevent sprawl, shall the "Community Separators Protection Ordinance" be adopted to amend the Sonoma County General Plan to require voter approval of changes to the General Plan that Increase the allowed density or intensity of development within Community Separators until December 31, 2036, and to repeal Ordinance 5145R? Yes No As required by law, the full text of the Community Separators Protection Ordinance shall be printed in the voter information pamphlet distributed to voters. A maps) showing the locations of the Community Separators in the county shall also be included in the voter information pamphlet distributed to voters. 4. The County Clerk is hereby authorized, instructed, and directed to provide and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and CQH 3178C07.3 Resolutinn #15-0282 Date: August 2, 2015 Page 3 lawfully conduct an election. 5. The County Cleric is hereby further directed to take the necessary and appropriate actions to provide the necessary election officers, paliing places, and voting precincts. 6. Arguments for and against the measure may be submitted to the Registrar of Voters Office in accordance with the deadlines established for the November 8, 2016 electlon. 7. In accordance with the provisions of the Elections Code, the County Counsel is authorized to prepare an impartial analysis of the measure. 8. The polls for the election shall be open during the hours required by law and the election, with respect to the foregoing ballot measure, shall be held and conducted as provided by law for the holding of County elections. 9. Notice of time and place of holding the election, together with any other notices required by law, shall he given to the County Clerk. 10. Pursuant to State CEQA Guidelines section 1516${c)r2}, a program environmental impact report may be relied upon for CECLA compliance for later activities if the lead agency determines that rio new effects will occur or no new mitigation measures would be required as a result of the later activity. The Board of Supervisors finds that, as discussed more fully In the staff report provided to the Board, the activity described herein falls wEthin the scope of the protect anaiyzed in the Program Erivironmental Impact Report prepared for Sonoma County General Plan 2020 and certified by the Board in June 2008. No new environmental effects could occur and no new mitigation measures would be required as a result of the activity. Therefore, pursuant to State CEQA Guidelines Sections 15162 and 15158(c}(2), and Public Resources Code section 21165, no further environmental review is necessary, Supervisors: Lorin: Aye Rabbitt: Aye Zane: Aye Gore: Aye Carrillo: Aye Ayes: 5 Noes: 0 Absent: 0 Abstain: 0 so Ordered. CDH 3178007.3 EXHIBIT "A" Ordinance No. R An Ordinance Of The County Of Sonoma, State Of California, Amending The Sonoma County General Plan To Require Voter Approval Of Amendments To The Boundaries Of Urban Service Areas Of Unincorporated Communities To Include Lands Within Community Separators, And Amendments To The Boundaries Of Community Separators Or The Land Use Designations Or Densities Of Lands Within Community Separators, Until December 31, 2036, And Repealing Ordinance 5145R. The People of the County of Sonoma ordain as follows: Section 1. Title. This ordinance shall be known and may be cited as the Community Separators Protection Ordinance. Section 2. Statement of Purpose. A. Community Separators are rural open space and agricultural land around cities and unincorporated communities in Sonoma County that maintain community identities, prevent sprawl, protect natural resources, and provide visual separation between cities and unincorporated communities. Community Separators are designated on the maps in the Open Space and Resource Conservation Element of the Sonoma County General Plan. B. Twenty years ago, the voters of Sonoma County approved Ordinance 5003R requiring voter approval of certain revisions of or amendments to the boundaries of or land use regulations applicable to Community Separators. Eighteen years ago, the voters of Sonoma County approved Ordinance 5145R requiring voter approval of any increase in the allowed density or intensity of land uses allowed within the expanded Petaluma/Novato Community Separator, specifying certain highway design criteria, and providing for bicycle lanes. Ordinance 5003R and its voter approval protections will expire at the end of 2016, and Ordinance 5145R and its voter approval protections will expire at the end of 2018. The purpose of this ordinance is to renew and strengthen the voter approval protections of Ordinances 5003R and 5145R, and to apply those protections to all Community Separators designated in the Sonoma County General Plan. This ordinance is intended to continue to give a higher level of assurance that Community Separators designated in the Sonoma County General Plan will be maintained and that their land use designations will not be changed to increase the allowed density or intensity of development. This ordinance is further intended to encourage the County's cities to establish and maintain voter -approved urban growth boundaries that do not encroach into Community Separators. C. Community Separators implement a long-standing policy of the Sonoma County General Plan that the physical development of the County should be city -centered. The city - centered growth policy further implements several state level policies, including: 3017689.16 (1) Article XIII, section 8 of the California Constitution encouraging the "conservation, preservation and continued existence of open space lands" for "recreation, enjoyment of scenic beauty, use or conservation of natural resources, or production of food or fiber." (2) Articles XIIIA and XIIIB of the California Constitution limiting local government tax revenues and spending and thereby encouraging the efficient physical development of communities that will reduce expenditures for public safety, streets, utilities, and other publicly financed, operated and maintained improvements. (3) The Planning and Zoning Law (Government Code section 65562) assuring "that cities and counties recognize that open -space land is a limited and valuable resource which must be conserved wherever possible" and that they will "prepare and carry out open -space plans." (4) The Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 (Government Code section 56000 et seq.) discouraging annexations and other changes in organization that result in urban sprawl and its implementation in Sonoma County by Resolution No. 2119, dated May 7, 1992, of the Sonoma County Local Agency Formation Commission. Section 3. Addition of General Plan Policy LU-3e. This ordinance hereby adds, and adopts until December 31, 2036, Policy LU-3e of the Land Use Element of Sonoma County General Plan 2020 adopted September 23, 2008, as amended through August 2, 2016, as indicated below (text to be added is shown in bold italics): Policy LU-3e: Until December 31, 2036, the boundaries of Urban Service Areas of unincorporated communities as shown on the Land Use Maps shall not be amended to include lands within Community Separators as shown on the Open Space Maps unless such amendment is approved by the voters of Sonoma County. For the purposes of this policy, approval by the voters of Sonoma County shall be accomplished when a general plan amendment is placed on the ballot through any procedure provided for in the Elections Code, and a majority of the voters vote in favor of it. The Board of Supervisors may adopt a general plan amendment prior to securing the approval of the voters of Sonoma County; provided, however, that whenever the Board of Supervisors adopts an amendment requiring approval of the voters of Sonoma County pursuant to the provisions of this policy, the Board action shall have no effect until after such a vote is held and a majority of the voters vote in favor of it.The Board of Supervisors shall follow the provisions of the Elections Code in all matters pertaining to such an election. 3017689.16 2 Section 4. Amendment of [genera] -Plan Policy OSRG1k, This ordinance htreby atnends, and readopts as amended until December 31, 2036, Policy OSRC-Ik of the Opcn Space and Resource Conservation Clcrncnt o£So.noma County. General Plan 2020 adopted September 23, 2008, as amended through August 2, 2016, as iudWated below {text to be added x5 shown in bold italics, text to be deleted is shown in Policy OSRC-1k: Untxi _ - ej,-,, 'n�utiens for the lands within -the Petalu—nut/Novalo xtei tamer-det�i€ deel�iy-e#tile land Use de.4ign.-ftion% i9i Decemt er 31, 2036, the boundaries of Co rarerrrity Separators as shown on the Open Space Maps and the land use designations and densities of lands E hidn Community SeTarators as shown on the Land ll.se Maps shall not be amended unless such amendment hr approved by the voters of Sonoma County, except that the following types of amendruents may be approved by the Board of Supervisarspursuant to its usualprocedurey and without the approval of the voters Of Sonoma C'c only: (l) Art amendment designating additional lands as Comniunity Separator, (2) An amendment reduchig the allowed density or intensity of developrrtenl ivilhin a Community Separator. (3) An amen dMent bout adding and removing ton ds froase a Correct unity Separator, where there is no net foss in Ian area within the Community Separator. (4) Are amendment correcting a mapping error, where lands that do not meet the designation criteria for Community Separators have been Madueriently included within a Communhy Separator. For the purposes of this policy, approval by the voters of Sonoma County sit all be acconytished when a general place amendutent is placed on the ballot tit rough any procedure provided for in the Elections Code, aced a majority of the voters vote in favor of it. The Board rp Supervisors may adopt a generalplan amendment print to securing the approval of the voters of Sonoma County; provided, however, that whenever the Board of Supervisors adopts are ame€e&nent requiring approval of the voters of Sonoma Coun ty pursuant to the pro visions of thispulicy, the Board action shall have no effeei until after such a vote is held and a majority of the voters vote in favor of it. The Board of Supervisors sit allfotlow the provisions of the Elections Cade in all matters pertaining to .such are election. Section 5. Applicability. The provisions of Sections 3 and 4 of this ordinance shall apply to all Community Separators shown on the Open Space Maps of the Sonoma County General Plan on the effective date of this ordinance, and to any additional lands designated as Community Separator during the term of this ordinance. Section 6. Implementation. A. Upon the effective date of this ordinance, the provisions of Section 3 of this ordinance are hereby inserted into the Land Use Element of the Sonoma County General Plan and the provisions of Section 4 of this ordinance are hereby inserted into the Open Space and Resource Conservation Element of the Sonoma County General Plan, as amendments thereto. At such time as these General Plan amendments are inserted in the Sonoma County General Plan, any provisions of the Sonoma County Zoning Ordinance, as reflected in the ordinance itself or in the Sonoma County Zoning Database, that are inconsistent with these General Plan amendments shall not be enforced. B. The Sonoma County General Plan, including the provisions added or amended and readopted by this ordinance, may be reorganized, and individual provisions may be renumbered or reordered, in the course of ongoing amendments or updates of the Sonoma County General Plan in accordance with the requirements of State law; provided, however, that the substance of Policy LU-3e, as added by this ordinance, and Policy OSRC-lk, as amended and readopted by this ordinance, shall continue to be included in the Sonoma County General Plan until December 31, 2036, unless earlier repealed or amended by the voters of Sonoma County. C. All County plans, policies, ordinances, rules, and regulations constituting legislative acts shall be amended as necessary as soon as possible and in the time and manner required by any applicable State law to ensure consistency between those policies and the provisions adopted in this ordinance. D. Upon the date of insertion of the provisions of Sections 3 and 4 of this ordinance into the Sonoma County General Plan, all General Plan amendments, rezonings, specific plans, tentative subdivision maps, parcel maps, conditional use permits, building permits, or other ministerial or discretionary entitlements for use not yet approved or issued shall not be approved or issued unless consistent with the policies and provisions of this ordinance. Section 7. Severability and Interpretation. This ordinance shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this ordinance is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The voters hereby declare that this ordinance, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof 3017689.16 4 would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this ordinance is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this ordinance that can be given effect without the invalid application. This ordinance shall be broadly construed in order to achieve the purposes stated in this ordinance. It is the intent of the voters that the provisions of this ordinance shall be interpreted by the County in a manner that facilitates the protection of lands within Community Separators. Section 8. Amendment or Repeal. This ordinance may be amended or repealed only by the voters of Sonoma County. Section 9. Repeal of Ordinance 5145R. Ordinance 5145R shall be repealed on the effective date of this ordinance. Section 10. Effective Date. This ordinance shall be in full force and effect from and after January 1, 2017. Section 11. Expiration. This ordinance shall be of no further force or effect after December 31, 2036. APPROVED BY THE FOLLOWING VOTE OF THE VOTERS OF SONOMA COUNTY AT THE GENERAL ELECTION HELD ON NOVEMBER 8, 2016. YES NO Chair, Board of Supervisors County of Sonoma Attest: Veronica A. Ferguson, Clerk of the Board of Supervisors Lo Chief Deputy Clerk of the Board 3017689.16 5 EXCERPTS ONLY Urban Interface Boundaries between Sensitive Habitats, Ag Lands, and High -Intensity Urban Uses Criteria / Studies / Participants Northern Colorado Community Separator Study Edited by J.Deertrack (Dec 2023) 4 1.3.111-11 1114 -4I tiA Fu:rk-L s1 e 1 F2aN1' 1 W.1 M, rim { III IC.17 t5 R 31'S Y.R &%f'1 f:li i�t7' I I�'•' I y�.� rx•,r�. LA swI& iliJ�?•4� IJ47 \ MEAMai •10. 1.._ I. 1.1lCM? 1999 able of Contents Chapter 1 — Introduction Chapter 2 — Planning Framework Introduction...................................................................................................... CommunityPlans............................................................................................. PlanningFactors.............................................................................................. Larimer County................................................................................................... WeldCounty ....................................................................................................... Citiesand Towns................................................................................................ AgriculturalLands............................................................................................ WildlifeHabitat................................................................................................. Physical Resources.......................................................................................... State and Federal Highways............................................................................ Landmarks........................................................................................................ Synthesis.......................................................................................................... Chapter 3 — Community Guidance Importance of Community Separation............................................................. Size of Community Separators........................................................................ Types and Levels of Development................................................................... Landscape Character....................................................................................... Connectors....................................................................................................... Results of Group Type..................................................................................... Demographics.................................................................................................. Chapter 4 — Identification of Community Separator Areas RegionalFramework........................................................................................ Fort Collins-Loveland.......................................................................................... FortCollins-Wellington........................................................................................ Fort Collins -Tim nath-Windsor............................................................................. U.S. 34 Corridor................................................................................................. Loveland-Berthoud............................................................................................. Berthoud-Johnstown........................................................................................... Windsor-Severance............................................................................................ Greeley-Evans-Milliken....................................................................................... Greeley-Windsor................................................................................................. KeyOpportunity Areas..................................................................................... U.S. 34 Corridor................................................................................................. Berthoud-Johnstown........................................................................................... 2-1 2-3 2-7 2-8 2-10 2-10 2-11 2-11 2-11 2-12 2-12 2-12 3-4 3-4 3-5 3-7 3-8 3-8 3-9 4-1 4-2 4-3 4-3 4-3 4-4 4-4 4-4 4-4 4-5 4-5 4-6 4-7 Northern Colorado Community Separator Study - i hapter 1 - Introduction Northern Colorado is experiencing rapid growth. As this urbanization continues, communities that once seemed distant from each other are gradually but inexorably extending their boundaries toward each other. If this trend continues, the major communities in northern Colorado's Front Range will merge into an extended metropolitan area with no apparent boundaries or separations between them. The - _-' possibility of a nearly continuous metropolitan area in ' the region is not far-fetched. A glance at Figure 2.1 in Chapter 2 shows that urbanization of the planned Note: Although this Colorado study concentrates upon growth areas adopted by northern Colorado the loss of community identity as small communities would result in each community being Northern Colorado towns merge into an contiguous or nearly contiguous to at least one other indistinguishable metropolitan mass, the community. Very little non -urban area would remain study clearly includes protection of AG between any of the communities. A continuation of the lands and natural resource areas and community growth trends reflected in the current urban identifies the criteria, using a ranking of values growth boundaries, many of which have expanded (1-5) of future planned open space buffer dramatically in recent years, would absorb the (corridor) characteristics. remaining community separation areas in the near The significance of this approach is that the study future. criteria identifies biological "corridors" and "linkages" critical to maintain so that migration This is not the future that residents of northern of species and water flow can be maintained, and Colorado want. As described in detail in Chapter 3, it prevents urban growth from "pressing" into the great majority of residents in northern Colorado these areas to degrade environmental values. (82%) believe that avoiding continuous development This level of assessment is badly needed in between the region's cities and towns is an important the Coachella Valley, possibly starting with objective. Furthermore, maintaining separation the Counties of Riverside and San Bernardino between our communities does not require limiting the and extending into the cities. growth and development of the region. The nearly 250 square miles of undeveloped area (1997) within "Community Separators" or "Urban Edges" as adopted urban growth areas would accommodate more an open space concept (included in the General growth than can be anticipated in the foreseeable Plan of a city or county) is in wide use throughout future. To put this in perspective, the amount of the United States and California. currently developed area within the region is just over Given the environmental values of the Coachella 100 square miles. Valley, its use locally is imperative. The CVMSHCP Adjacency Guidelines were not designed to achieve this result, but can be coordinated with this effort. Judy Deertrack Northern Colorado Community Separator Study- 1-1 It should also be noted that maintaining community separation does not preclude some degree of additional development in the identified separator areas. As discussed further in Chapter 3, some forms of rural residential development and virtually all types of agricultural use are fully compatible with the goal of maintaining community separation. In recognition of the importance of the issue, the majority of northern Colorado's communities entered It should also be noted that into a cooperative planning agreement intended to maintaining community separation maintain separation in a manner that is fair and does not preclude some degree of equitable to landowners. This report documents the additional development in the identified separator areas. results of that effort. Following this introduction, Chapter 2 provides an overview of the region, including land use trends, planned urban growth and environmental resources. Chapter 3 focuses on the results of a comprehensive survey that was implemented to better understand the views of northern Colorado residents on a range of issues associated with maintaining separation between communities. A regional system of community separators is defined in Chapter 4. The final chapter outlines further actions that are needed to achieve the long-term goals of maintaining community separation in Northern Colorado. Northern Colorado Community Separator Study - 1-2 EIGHT PRINCIPLES Note: The "eight" principles used in this collaboration is typical of the "goals, policies, and objectives used in General Plan Updates. successful sales tax initiatives, finally resulted in some degree of protection for portions of the remaining corridor. The experience in the Fort Collins -Loveland Corridor illustrates the difficulty of maintaining community separation and a number of other lessons as well. Perhaps two stand out. First is the fact that the region's historic development patterns and good economic conditions can result in once seemingly distant communities becoming adjacent in a relatively short time. Second, though protection of a portion of the corridor is noteworthy, the resulting corridor is not continuous and the two communities will become all but indistinguishable along a portion of U.S. 287. In other words, not taking strong action early, even when strenuous efforts are made later, is likely to result in the protection of only a small amount of community separation. The series of maps presented later in this Chapter show that the Fort Collins/Loveland corridor is no longer an isolated situation in northern Colorado. Recognition of this fact led to further efforts to address community separation on a broader, more regional basis. "The Northern Colorado Regional Planning Study," which was completed in 1995, laid the foundation for greater coordination among the communities in the region and led to the adoption of a comprehensive intergovernmental agreement that was signed in 1997. To date, the six communities signatory to the agreement include Berthoud, Evans, Greeley, Fort Collins, Loveland and Milliken. The fundamentals of the agreement are illuminated by the following eight principles: From these "principles" the next step is to identify 1 "ranking value criteria" of the land which qualify it for inclusion into either becoming a buffer land area itself, or having the sensitive area surrounded by a designed buffer zone, protecting 2 it from the noise, intrusion, disturbances, light, and pollution of nearby intense development. Judy Deertrack Retention and enhancement of individual community identity is desired. Visual and spatial separation of urban development between communities is desired and will help retain and enhance community identity. Northern Colorado Community Separator Study- 2-2 3. Preservation of agricultural land uses around urban areas is desired. 4. Preservation of natural areas, such as streams, wetlands, wildlife habitat and other such values is desired. 5. Urban development should occur within or be incorporated into existing towns and cities. 6. Urban development should be accommodated where and when the full range of public services can be provided by municipalities or other service providers. 7. Development in rural areas within the regional planning area should be limited and generally related to or compatible with the rural character of the area. 8. The owners of private property affected by public policy decisions or other public actions should be advised, consulted and appropriately involved in planning activities and properly compensated for the taking of property rights resulting from such decisions or actions according to law. Community Plans In addition to the regional framework provided by the intergovernmental agreement, individual communities have adopted plans that bear strongly on the issue of community separation. Rather than dwelling on the particulars of each community and county plan, it is more meaningful to review the regional development pattern that would evolve, cumulatively, through their realization. The series of maps on the next page illustrate the situation. The first map shows current conditions. Generalized areas of urban development are shown in this map derived from 1997 satellite imagery. As shown in the map, large expanses of agricultural and other non -urban lands separate many of the communities in the region, with the notable exception of Fort Collins and Loveland and Berthoud Northern Colorado Community Separator Study - 2-3 and Loveland along the U.S. 287 corridor. Other than isolated pockets of development, a substantial distance remains between most of the communities east of 1-25. The second map, which shows existing city and town limits, paints a different picture. In this map the communities of Loveland and Windsor become contiguous and the distance between Windsor and Greeley begins to recede. These trends are more apparent in the third map, which depicts the current urban growth boundaries of each of the communities in the region. Although various communities use the term somewhat differently, an urban growth boundary generally denotes the area where each community anticipates providing urban services. In time, most of these urban growth areas will become urbanized with the possible exception of some area targeted for open space protection. As shown in the third map, build -out to these urban growth boundaries would result in a very different land use pattern than the one that exists today. Perhaps the most striking changes occur along the 1-25 corridor, which becomes almost continuously developed from the southern end of the region through Fort Collins, and along the U.S. 34 corridor. Most of the land along the U.S. 34 corridor becomes urban and several communities become contiguous, including Johnstown with Loveland, Berthoud, Greeley and Milliken. The Towns of Timnath and Windsor also become contiguous, as does Greeley with Milliken. The fourth map is a hypothetical look at a future based on continuation of current trends. In this map, approximately 65 additional square miles are added to the urban growth boundaries of the region's communities, an amount that is considerably less than what has been added in the last decade. The pattern shown in this map hardly requires a detailed description; the result is a large and continuous pattern of urban development throughout most of the region. Perhaps an important question to ask at this point becomes — "What is the likelihood of such a Note: Some of the pages are intern-113ted. Northern Colorado Community Separator Stud - 2-4 For the most part, any constraints to growth in northern Colorado that may emerge will be economically or politically driven. As shown in the series of maps discussed in this chapter, the region has relatively few physical or natural constraints to development. Those that do exist are primarily associated with floodplains, and to a lesser extent, wetlands and isolated areas of steep slopes along the river bluffs. Therefore, it is not anticipated that physical and environmental constraints will substantially limit growth and development in the region. Infrastructure availability, which has a profound influence on development patterns in the near term, is not an absolute limitation in a long-term development forecast. Instead, infrastructure availability in this region will reflect a series of economic and political decisions that emerge over time. This is not to say, however, that the area lacks imoortant wildlife habitats or other areas with imoortant natural values. The remainder of this chapter summarizes some of the natural values that occur within the region. With one exception, the maps referenced in this chapter are presented in AppendixA. The one exception is ap 2.1 a composite of various planning and natural resource considerations. Planning Factors Map A.1 shows the currently defined urban growth boundaries of the communities in the region. Also shown in the map are current municipal boundaries. As shown in the map, all communities in the region anticipate growth beyond their existing boundaries. Of particular significance is the fact that several Weld County communities have defined urban growth areas of such an extent that they are unlikely to become urbanized in a standard 15-20 year planning horizon. It should be noted that these areas are not recognized by Weld County in the absence of a formal intergovernmental agreement, which otherwise utilizes a three-mile referral area or standard 1/2-mile urban growth boundary to coordinate urban growth issues. Also of interest in Map A.1 are areas of overlapping Northern Colorado Community Separator Stud - 2-7 Note: This is enlarged language from the previous page, Map 2.1 above, illustrating the ranked environmental values to determine buffer protection. These values are set by community members and leaders (ie: City Councils / Boards of Supervisors, public, non -profits & trustee agencies). J.Deertrack P. Aw�w'eegbrdi? ommurAVSop@rakuRoport;YORw-- R R + `Q 5tvtr! WWw ZDQM snare RW HI9hIWlI 16o7ari Mwimp Se.l" +kAmrn Mahrde Cbn nft, 5ehereler Rgmrt {Ydbx-hierkj••••• The Town of Windsor Boundary and Urban Growth Area was di ilized from exhlbts provided b the Town of Windsor Planning Department dated 04198. Signifacant facturs of separator analysis; FEMA I00yr laodplain, areas of mineral resources, lease-hack,farms, cultivated far mlandsfrom Northern Colorado Water Conservancy, historical sites, notahle geologic, features, Colorado Natural Heritage Program sites, CDOW areas of moderate and high impact, sped fic nesting sites, Larimer Counly SCoP date, designated high priority open space, previously specified community � buffers, and major highways o state and U significance. Agricultural Lands MapA.3 shows the location of cultivated lands in the region. Cultivated lands shown in the map were derived from 1997 satellite imagery and include both irrigated farmland as well as dryland. However, the great majority of cultivated land shown in the map is irrigated. Although agricultural uses remain the dominant land use in the region, agricultural lands are rapidly being converted to urban uses. Nevertheless, agriculture remains an important segment of northern Colorado's economy and adopted plans at the county and municipal level encourage the protection of agricultural lands. Wildlife Habitat MORE ENVIRONMENTAL RANKING CRITERIA, ALWAYS PLATTED ON A MAP WITH ITS VALUES IDENTIFIED. THE MAPS SHOULD INCLUDE ASSESSOR PARCEL NUMBERS (APNs). Important wildlife habitat is shown in MapA.4. Areas shown in the map were derived from Colorado Division of Wildlife data (1997). Some of the habitat features shown include: • Mule deer concentration areas and winter range • Bald eagle roost sites • Great blue heron rookery sites • White pelican nesting areas As shown in MapA.4, important habitat areas are nearly J.Deertrack always associated with major drainages, such as the Poudre and Big Thompson Rivers and their associated uplands Other important habitat areas include some of the reservoirs and other water bodies that are common in the area, particularly north of Fort Collins, and the foothills at the western edge of the study area. Physical Resources Map A.5 shows the defined 100-yearfloodplains for the major drainages in the study area as well as mineral resource areas. Although residential and other types of development can occur within the 100-year floodplain, the actions required to elevate structures or otherwise protect them from flood flows often limits the overall level of development. As shown in MapA.S, mineral resource areas also frequently occur along the major drainages. In many instances, these sand and gravel resources are economically recoverable and they are protected from encroachment by state law. State law provides that mineral resources must be Northern Colorado Community Separator Study - 2-1 1 recovered in these areas before urban development can occur. This requirement often influences the timing and type of urban development that ultimately can occur. State and Federal In most instances, perceptions of the character of the Highways region and the degree of separation between its communities are derived while driving. For this reason, the major highways in the region were highlighted and a '/2-mile buffer defined on either side of the road. This is the area where development activities would be most visible. Map A.6 displays this information. Landmarks Notable geologic features are shown in MapA.7. These areas consist of the bluffs and uplands associated with the Poudre, Big Thompson and South Platte Rivers. As shown in the map, prominent bluffs are located along the south side of the Poudre River between Windsor and Greeley and in the Milliken vicinity. Wildcat Mound, which is located south of Milliken on the South Platte River, is a particularly notable landmark. Synthesis In order to highlight some of the more significant community separator areas, evaluation criteria were developed and applied to the study area. The resulting composite map (Map 2.1) includes consideration of the following factors: • Within one-half mile of a state or federal highway. • Contains high value wildlife habitat as defined by the Colorado Division of Wildlife. EVALUATION CRITERIA IS WHAT TO FIGHT FOR. ONCE IDENTIFIED, THE LAND IS RANKED, CLASSIFIED, AND THEN PROTECTED BY LAW. J. Deertrack • Contains a site designated by the Colorado Natural Heritage Program. • Contains notable landmarks or topography such as river bluffs or other geologic features. • The area is actively cultivated, including irrigated and non -irrigated cropland. Northern Colorado Community Separator Study - 2-12 • Contains a defined 100-year floodplain, mineral resources or other factors that limit the area's potential for urban development. • Contains areas of notable geologic features (landmarks, river bluffs). These factors were composited in Map 2.1, which identifies areas with several categories of overlapping conditions. These include areas with 1 or 2 occurrences, areas with 3 to 4 overlapping occurrences, and areas with 5 or more occurrences. As shown in the map, a number of areas strongly emerge from this analysis, particularly the corridors along the major drainages. Also emerging strongly are portions of several highway corridors, including U.S. 34 and State Highways 392 and 257. Northern Colorado Community Separator Study - 2-13 MAJOR COMMUNITY INVOLVEMENT, STUDIES & MAPS — NOTE: COLORADO HAD 85% PUBLIC ENDORSEMENT OF THE SEPARATOR CONCEPT. COMMUNITY LEADERS RESPOND BECAUSE THIS IS THE BASE OF PEOPLE THAT "ELECT" THEM. ANNUAL REVIEW AND MONITORING IS CRITICAL TO MAINTAIN, BECAUSE SEVERAL YEARS LATER, THE PLANS MAY BECOME INACTIVE AND POORLY ENFORCED. J. Deertrack hapter 3- Community Guidance Despite the fact that most communities in the region have embraced the objective of maintaining their individual identity through community buffers or separators, there has been little guidance on what constitutes an effective community separator. Some of the questions that emerge when considering community separators include: • How large does a buffer need to be in order to maintain a sense of community separation? • Does a separator have to remain essentially undeveloped? Or, conversely, what types of land use are appropriate or acceptable within a community separator? • What should the character and condition of roads through these separators be? • What landscape types best serve as separators? None of these questions have been systematically addressed in prior studies Yet, little can be done to proactively address the goal of community separation without confronting these issues. In an attempt to address these key questions on community separators, a public survey was implemented at various locations throughout the study area. The survey utilized slides illustrating a diversity of landscape conditions, development types, and photo simulations of potential development patterns and densities. The survey was developed and refined overa period of months by CDAW (Separator Study Project Consultant) and the steering committee. In the end, it included the use of 56 images to Generate responses to a series of questions regarding the desired qualities of community separators as well as several Northern Colorado Community Separator Study - 3-1 questions on related issues and demographics. The demographic questions were included primarily to determine whether or notthe sam ple was typical of the overall population in the region. The slide images and other materials were provided to each of the communities participating in the study for actual implementation of the surveys. Survey participants consisted of the general public as well as mem bers of particular groups such as public boards and commissions, real estate interests and the environmental community. Responses from the general public were solicited at a series of open meetings that were advertised in the media and held at various locations in the region. Meetings of this type were held in Berthoud, Fort Collins, Greeley, Loveland, Windsorand Milliken. Although the intended survey participants were primarily the general public, a conscious attemptwas made to include groups that reflect range of opinions on land use planning issues. As noted, these groups included representatives of the environmental community, real estate/development community, and public boards and commissions. Responses from these groups were obtained by implementing the survey atone of their regularly scheduled meetings. The survey process took approximately two months, during which more than 650 residents of the region NOTE: participated in the survey. The num ber of surveys IT APPEARS THE completed in each community was roughly proportional ENVIRONMENTAL to their share of the overall population of the region. COMMUNITIES MAY Approximately 70% of the completed surveys were HAVE BEEN from the general public, 16% were from public boards and commissions and their staff, 11% were from the UNDERREPRESENTED (3%), real estate/development community, and 3% were from BUT QUANTITY DOES the environmental community. NOT ALWAYS EQUATE WITH "QUALITY" OF The survey results were compiled by Dr. Jim PARTICIPATION IF THE ZumBrunen of the CS Statistics Department and ORGANIZATION IS provide some important information on public opinion WELL -PREPARED. regarding community separation Some ofthe key results from the survey are summarized below: J.Deertrack Northern Colorado Community Separator Study - 3-2 A large majority (82%) of people in the region believes that maintaining community separation is an important objective. Residents rated the development pattern resulting from build -out of adopted community urban growth areas as negative (-1.53 on a +5 to —5 scale). The goal of maintaining community separation can be achieved without preventing all forms of additional development. Clustered developmentof up to 40 residential units on approximately 500 acres was perceived as meeting the goals of maintaining separation. A wide range of responses was received on the question relating to the size of an area needed to maintain effective community separation. Nearly half the responses fell within a range of/z mile to 2 miles, with the largest single response being 1 mile. • Any type of undeveloped/rural landscape was perceived as contributing to community separation. However, landscapes with water, trees or distinctive landforms were more highly preferred. Responses were generally consistent on the full range of questions asked and across the various types of groups that participated in the survey. This is a good indication that the survey was understood by those who participated in it, despite the complexity of the issues that were addressed. More detailed results are presented in the remainder of this chapter. Northern Colorado Community Separator Study-3-3 Importance of Community In response to a question regarding the importance of Separation maintaining community separation by avoiding continuous development between the region's cities and towns, 82% of area residents indicated the issue was either very important (56.7%) or important 25.4% . While many communities have indicated through their plans that community separation is an objective, the views of the public on the importance of community separation has not been previously documented. The strong response to this question provides a clear message that community separation is seen as an im portant issue am ong residents of the region. Size of Community Two types of questions were developed to address the Separators issue of how wide a community separator m ust be in order to effectively achieve community separation. One was a direct, open-ended question. The other was more indirect and approached the question through a review of maps depicting various projected growth patterns. A wide variety of responses was received to the open- ended question on required width of a community separator. Nearly half of the responses were clustered between'/z and 2 miles, with the largest single group of responses indicating 1 mile (20.2%). The second largest response (16.3%) indicated 5 miles. The mean response was 4 miles. The second method of addressing this issue was through a series of maps depicting projected growth of the various communities in the region. These were illustrated in the following series of images: • Existing Development (taken from recent satellite imagery) • Build -Out to Current Municipal Limits • Build -Out to the Current Urban Growth Boundaries • Build -Out to a Hypothetical Future These same images were presented in Chapter 2 (Figure 2.1). Northern Colorado Community Separator Study - 3-4 The respondents were specifically directed to note the relative amount of community separation in each image. A scale of —5 to +5 was provided with 0 being neutral. The instructions indicated that if the participant felt positively about an im age, they should mark a num ber on the positive side of the scale from 1 to 5 that best reflected their degree of satisfaction. Alternatively, if they felt negatively about an image, they were directed to mark a num ber on the negative side of the scale from —1 to —5 that best reflected their degree of dissatisfaction. If they felt neutral, or had no opinion they were directed to mark 0. Existing conditions, i.e. the existing level of development in the region and resulting degree of community separation, was rated most positive (mean rating of +2.67), compared to +1.25 for a map showing build -out to existing municipal limits. Build -out to established urban growth boundaries was rated negatively (-1.53). A hypothetical growth picture showing additional development beyond the urban growth boundaries was rated strongly negative (-3.65). From these responses, some inferences can be drawn on the amount of area required to achieve an appropriate degree of community separation in the region. Types and Levels of One of the primary areas of investigation was an effort Development to understand what types and levels of development would be seen as acceptable within a community THREE TYPES OF LANDSCAPE separator. For this analysis, aerial photos of three SETTINGS WERE ASSESSED IF different landscape settings were used to depict a variety of development types. The first was a photo THE "SEPARATOR" (BUFFER) representing an irrigated agricultural landscape, the LAND ANTICIPATED ANY LEVEL second represented a dryland agricultural setting, and OF DEVELOPMENT: the third represented a riparian corridor and adjacent uplands Using available computer technology, a 1/ IRRIGATED AGRICULTURE series of photo simulations was prepared depicting 2/ DRYLAND AGRICULTURE nine levels and patterns of residential development. 3/ RIPARIAN CORRIDORS & The images used in the simulations were photos of ADJACENT UPLANDS actual types of rural development that has already occurred in the study area. The nine conditions of J. Deertrack residential development included the following: Northern Colorado Community Separator Study - 3-5 • 20 dwelling units on 10-acre lots • 20 dwelling units on 2.5-acre lots • 20 dwelling units on 1-acre lots • 40 dwelling units on 10-acre lots • 40 dwelling units on 2.5-acre lots • 40 dwelling units on 1-acre lots • 80 dwelling units on 10-acre lots • 80 dwelling units on 2.5-acre lots • 80 dwelling units on 1-acre lots In addition to these development types, a golf course and a cam pus type business park were simulated. In each of the base scenes an area of approximately one square mile was delineated with a red line to enclose the area of interest. Respondents were asked to picture the delineated area as a potential community separator and to rate the simulated development patterns accordingly. Atotal of 34 images illustrating these types and levels of development were presented and respondents were directed to use the same —5 to +5 rating scale described above. Despite the large number of images with often subtle differences, the pattern of responses were surprisingly consistent. All residential developments with some configuration of 20 homes were rated positively, meaning that the public generally perceives this level of developm ent to be consistent with the goal of maintaining community separation. At 40 residences, ratings became mixed depending on the pattern of development. Forty residences clustered on one -acre lots generally received a positive rating, while larger lot sizes of 2.5 and 10 acres were uniformly rated as somewhat negative. "Clustered" refers to a development pattern whereby the residences are adjacent to each other, leaving the remainder of the area in agriculture or other non -urban uses. All developments with 80 residences were rated negatively, regardless of the pattern of development. Northern Colorado Community Separator Study - 3-6 Although this portion of the survey focused on residential development, two other types of development were addressed. An image showing an extensive business park was rated negatively (-1.8; most negative of all development ratings) while a golf course, without adjacent residential development, was rated positively (1.87;fourth highestrating). Few distinctions were shown based on lot size alone, and almost no distinctions were shown based on landscape type. Figure 3.1 shows the 12 images used to depict development patterns on one of the landscape types. Mean scores are also given and the images are arranged in order from highest to lowest rated. Landscape CharacterQAum ber of different landscape character types occur in the study area. Some lend themselves naturally ommunity buffers, such as steep or ironmentally sensitive landscapes. Unfortunately, e conditions infrequently occur in areas wh;eA commu ation may be desire variety of landscapes present and the opportunity to prioritize some landscape types as community separators, the survey included a series of questions designed to determine if northern Colorado residents value some landscapes more than others. Several of the landscapes present within the study area were shown, and survey participants were asked to rate each on the basis of their inherent value. Figure 3.2 shows the eight images that were used and the resulting ratings. The results indicate that landscapes with water and trees are strongly preferred (mean value ratings from 3.57 to 3.84). Landscapes with few distinguishing characteristics of landform, vegetation or water are still rated positively but are valued the least. Northern Colorado Community Separator Study-3-7 general public and public boards, commissions and staff were very close in their responses. These two groups had a range of mean value scores from the highest rated scene to the lowest rated scene of6.05 and 5.03 points, respectively. The real estate/development community showed the sm allest range of differences, only 3.46 mean score points between the highest and lowest rated images. The environmental community, on the other hand, had a mean score range of 7.9 points between the highest and lowest rated image. While all four groups generally agreed on the order of images from most preferred to least preferred, the environmental group saw a wider range of differences than the general public and public board, commissions and staff, while the real estate/development community saw much smaller differences. Demographics It is noteworthy that 55% of the respondents indicated they had lived in northern Colorado most of their life; nearly 46% for more than 25 years. Their responses are based on a knowledgeable perspective. Northern Colorado Community Separator Study-3-9 JASON E. UHLEY General Manager -Chief Engineer City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Cheri Flores 'Aly Floop Z 4 9 F�prOHfEevat���°y` RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT December 11, 2023 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX www.rcflood.org 254066 Re: Travertine SP Amendment SCH# 2018011023 APN 753-060-003, Plus 22 Additional Parcels The Riverside County Flood Control and Water Conservation District (District) does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check City land use cases or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District's review is based on the above -referenced project transmittal, received October 30, 2023. The District has not reviewed the proposed project in detail, and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue: ® This project would not be impacted by District Master Drainage Plan facilities, nor are other facilities of regional interest proposed. ❑ This project involves District proposed Master Drainage Plan facilities, namely, . The District will accept ownership of such facilities on written request by the City. The Project Applicant shall enter into a cooperative agreement establishing the terms and conditions of inspection, operation, and maintenance with the District and any other maintenance partners. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection, and administrative fees will be required. All regulatory permits (and all documents pertaining thereto, e.g., Habitat Mitigation and Monitoring Plans, Conservation Plans/Easements) that are to be secured by the Applicant for both facility construction and maintenance shall be submitted to the District for review. The regulatory permits' terms and conditions shall be approved by the District prior to improvement plan approval, map recordation, or finalization of the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(ies) to protect public health and safety. ❑ This project proposes channels, storm drains larger than 36 inches in diameter, or other facilities that could be considered regional in nature and/or a logical extension a District's facility, the District would consider accepting ownership of such facilities on written request by the City. The Project Applicant shall enter into a cooperative agreement establishing the terms and conditions of inspection, operation, and maintenance with the District and any other maintenance partners. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection, and administrative fees will be required. The regulatory permits' terms and conditions shall be approved by the District prior to improvement plan approval, map recordation, or finalization of City of La Quinta - 2 - Re: Travertine SP Amendment SCH# 2018011023 APN 753-060-003, Plus 22 Additional Parcels December 11, 2023 254066 the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(ies) to protect public health and safety. ❑ An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities, namely, . If a proposed storm drain connection exceeds the hydraulic performance of the existing drainage facilities, mitigation will be required. For further information, contact the District's Encroachment Permit Section at 951.955.1266. ❑ The Districts previous comments are still valid. MBiel 04M1a1001137u/.'%Ice7►1 This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation, or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped floodplain, then the City should require the applicant to provide all studies, calculations, plans, and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation, or other final approval of the project and a Letter of Map Revision (LOMR) prior to occupancy. The project proponent shall bear the responsibility for complying with all applicable mitigation measures defined in the California Environmental Quality Act (CEQA) document (i.e., Negative Declaration, Mitigated Negative Declaration, Environmental Impact Report) and/or Mitigation Monitoring and Reporting Program, if a CEQA document was prepared for the project. The project proponent shall also bear the responsibility for complying with all other federal, state, and local environmental rules and regulations that may apply. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Wildlife and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, AMY MCNEILL Engineering Project Manager ec: Riverside County Planning Department Attn: Timothy Wheeler EM:blm I b, SIERRA CLUB December 10, 2023 SAN GORGONIO CHAPTER Regional Groups Serving Riverside and San Bernardino Counties: Big Bear, Los Serranos, Mojave, Moreno Valley, Mountains, Tahquitz, Santa Margarita BY EMAIL TO clflores@laquintaca.gov Re: Travertine Specific Plan Amendment Draft EIR Dear Ms Flores: Please accept the following comments re the above -referenced matter from the Tahquitz Group of the Sierra Club. The Draft EIR (DEIR) for the Travertine Specific Plan Amendment (Project) is unclear on matters relating to impacts to the adjacent Conservation Area under the Coachella Valley Multispecies Plan HCP (MSHCP) and the species reliant on it There are some issues of particular concern. One, that the residents and domestic animals in the Project will intrude into the Conservation Area. There is a reason that a Trails Management Plan was prepared for this Conservation Area: unbridled recreational use in endangered Peninsular bighorn habitat reduces the desirability of habitat needed for the essential life activities of this wildland species. The DEIR maps are not clear, but it appears that the wildlife fencing (which is useful to contain the denizens of the Project as well as exclude bighorn) does not entirely surround the project. It must encircle the Project in order to be effective. Otherwise, as history in the Coachella Valley has demonstrated, people and their pets will use the adjacent territory (Conservation Area) for off trail excursions, create new use trails, (in the case of domestic animals) to hunt, among other negative activities. The DEIR offers no proven proven way to deter this from happening, short of encircling the entire Project with high fencing. Two, the DEIR is confusing: is the "perimeter trail" entirely on the inside of the development envelope, or outside the wildlife fence? If the latter, that is totally unacceptable and not in the least adequately mitigated. Three, have the Wildlife Agencies' concerns about the Joint Project Review etc been fully addressed? The DEIR alleges its mitigations have satisfied concerns, but this is not fully documented. The City must provide documentation showing that the Agencies have signed off on the proposed mitigations. Please make these comments part of the record on the matter. Thank you. Very truly yours, r Joan Taylor, Chair Tahquitz Group of the Sierra Club O� 0- Water Boards State Water Resources Control Board December 4, 2023 City of La Quinta Attn: Cheri Flores 78-495 Calle Tampico La Quinta, CA 92253 GAUfL NEW80M 0[}ur FX[iN laflFf:fUr'fAM1r F6h El1Yln QNMELTAL rriq'rcjuin CITY OF LA QUINTA (CITY), ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE TRAVERTINE SPECIFIC PLAN AMENDMENT PROJECT (PROJECT); STATE CLEARINGHOUSE #2018011023 Dear Ms. Cheri Flores: Thank you for the opportunity to review the EIR for the proposed Project. The State Water Resources Control Board, Division of Drinking Water (State Water Board, DDW) is responsible for issuing water supply permits pursuant to the Safe Drinking Water Act. This Project is within the jurisdiction of the State Water Board, DDW's Riverside District. DDW Riverside District issues domestic water supply permit amendments to the public water systems serviced with a new or modified source of domestic water supply or new domestic water system components pursuant to Waterworks Standards (Title 22 CCR chapter 16 et. seq.). A public water system requires a new water supply permit amendment when changes are made to a domestic water supply source, storage, or treatment and for the operation of new water system components- as specified in the Waterworks Standards. The Coachella Valley Water District, Cove Community (CVWD- Cove Community) will need to apply for a water supply permit amendment for this Project. The State Water Board. DDW. as a responsible aaencv under California Environmental Quality Act (CEQA), has the following comments on the City's EIR: • Under "In addition, the proposed Project will require approval from the following federal, State, and local agencies (PDF page 26)" and "The following are anticipated responsible agencies which may rely on this Draft EIF for their discretionary approvals required to implement the Project (PDF page 142)", please include "State Water Resources Control Board, Division of Drinking Water, Riverside District" and " Water Supply Permit (tanks and wells)." • Please discuss if the two stormwater detention basins (A and B) are designed to handle emergency discharges from the 600,000-gallon tank and 2,650,000- gallon tank. If not, please discuss how emergency discharge from the tanks will be handled. E. JOA4UIN E$ouIVLL, CHAIR I EltEt<N SrJULC:K, E 6CU71VE QIREUTOR 1001 1 Street, Sacramento, CA 95814 1 Mailing Addrasw P.O. Qvx 100. Sacramento, CA 9581 2.0100 1 www.waterboarCs.ca_gav Ms. Cheri Flores - 2 - December 4, 2023 Please explain what will happen to the onsite wells if they are found operable (Haz-7, PDF page 460). Will the wells be incorporated into the CVWD-Cove Community system? The EIR references a 2020 Regional Urban Water Management Plan (PDF page 706) and a Q3 Consulting Project -specific Drainage Master Plan (PDF page 467). Please provide the links to the documents. Documents incorporated by reference must be made publicly available (CCR Title 14. Section 15150 [b]). Please indicate how 867.47 acre-feet water was determined to be the extrapolated demand based on the original planned Project water demand and original Project square -feet. Once the EIR is certified, please forward the following items in support of Coachella Valley Water District, Cover Community's permit application to the State Water Board, DDW Riverside District Office at DWPDIST20(a-)waterboards.ca.gov: • Copy of the draft and final EIR and Mitigation Monitoring and Reporting Plan (MMRP); • Copy of any comment letters received and the lead agency responses as appropriate; • Copy of the Resolution or Board Minutes adopting the EIR and MMRP; and • Copy of the date stamped Notice of Determination filed at the Riverside County Clerk's Office and the Governor's Office of Planning and Research, State Clearinghouse. Please contact Lori Schmitz of the State Water Board at (916) 449-5285 or Lori. Schm itz(a-)_waterboards. ca.gov, if you have any questions regarding this comment letter. Sincerely, Lori Schmitz Lori Schmitz Environmental Scientist Division of Financial Assistance Special Project Review Unit 1001 1 Street, 16th floor Sacramento, CA 95814 Cc: Office of Planning and Research, State Clearinghouse Ms. Cheri Flores - 3 - December 4, 2023 Manual Delgado Associate Sanitary Engineer Riverside District Chun Huang District Engineer Riverside District Tania Flores From: Nancy Ahsmuhs <nahsmuhs@yahoo.com> Sent: Monday, December 11, 2023 12:01 PM To: Cheri Flores Cc: Planning WebMail Subject: Regarding Draft Environmental Impact Report Travertine Specific Plan Amendment SCH#2019011023 Some people who received this message don't often get email from nahsmuhs@yahoo.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Greetings. I want to address some issues regarding the DEIR for the proposed Travertine development, mainly the location of the east project entrance at Madison and Avenue 62. The first thing is this outrageous statement which comes from Table 3-1 Surrounding Land Uses. This talks about all the areas around the project. It has this statement: "The Trilogy Golf Club at La Quinta is approximately 2,500 feet northeast of the intersection of Madison and Avenue 62." This is laughable because my bedroom is 350 feet from that intersection. I can see it from every south facing window in my house. I can see it while sitting on my patio enjoying the peace and quiet and the beauty of the mountains. 2,500 feet is roughly the distance from that intersection to the Trilogy Coral Mountain Clubhouse in the heart of the development. Here's the view from my bedroom window. That utility pole is NOT 2,500 feet from my house. 1 Not only will our home be directly impacted by the construction of a "bridge" to the Travertine project, so will all of my Trilogy neighbors. In actual fact, over 350 of the 1,239 home in Trilogy are 2,500 feet or less from the intersection of Madison and Avenue 62. So saying that Trilogy Golf Club at La Quinta is 2,500 feet from this intersection is purposely false and misleading. While it may be true that no home may be within 2,500 feet of Trilogy, the impact of construction vehicles initially and then resident, delivery and service vehicles using the Madison/Avenue 62 intersection will be great. Let me address a couple of the Sections in the DEIR directly. Section heading 4.1 Aestetics In the DEIR, there is an exhibit 4.1-19 which addresses the bridge at location 12 and shows a view to the West and says since people are not allowed on Dike 4, known to us at the Berm, they won't see the "Project". This is quite right. We will not see the homes in the "Project". But we, and many of our neighbors, will see the bridge. So without the bridge, there is no "Travertine". Take a look at this picture I took from my backyard. N We, and many neighbors, will ALWAYS see very clearly the construction traffic and the residential traffic and all the delivery trucks, landscapers, repair trucks, etc. What fun it will be to live 350 feet away from what is basically an overpass. The balloon in the picture is the roadway height above the berm plus the 12 feet average height of construction vehicles. The height of Dike 4 is 30 feet. So the traffic over this overpass will be 45 feet above Trilogy. That is significant and the impact to aestitics cannot be mitigated. Section heading 4.3 Air Quality As if our air quality here isn't poor enough, we will get emissions from the trucks and cars from construction through residential uses. And with the emissions from that height, it will be blown over our community and we will suffer with poor air quality for years and years to come. Section 4.12 Noise The constant noise of cars and trucks going over the bridge will be unacceptable. Especially with trucks needing to downshift to go over the bridge, this noise issue cannot be mitigated. And keep in mind, sound in the desert carries greatly. While people aren't officially allowed to walk on the Berm (Dike 4), they do. I can sit on my patio and easily hear the crunch of their feet as they walk and often I can hear every word of the conversion they are having on their cell phone or with their companion. I can hear the jingle of the tags on their dog's collar. From inside our home, I can hear the cars running at the Thermal Club race track 5 miles east. It's faint but I can still hear it. Sound carries in the desert! Without a doubt, the huge increase in traffic on 62 will totally ruin the peace and quiet that draws residents to Trilogy. Section 4.16 Transportation Just because a developer tries to make the inside of the project more bicycle or walk friendly, because there are NO full services, groceries or department stores or restaurants, gas stations, etc. less than 10 miles from the site, the vehicle mileage is significant from this location already. We ourselves leave Trilogy nearly every day to drive to one of the surrounding towns for one reason or another. Sometimes we go more than once. And we have deliveries of one nature or another two to three times a week on average. That's just us. And the Travertine project will add exponentially more vehicle activity. Section 4.8 Green House Gas Emissions So based on everything above, Green House gas emissions cannot be mitigated and it is not acceptable practice to buy carbon emission credits. In closing, aside from the fact it is a ridiculous idea to build a housing project in that location that is so far from services, is not easily accessible regardless of the direction of entry, is on the wrong side of the flood control mitigation dike and will most likely be just one more failed development like the two on the east of Trilogy on Monroe and the one west of Trilogy on Avenue 60, the environmental impact will be much, much greater than the developers want you to believe. Thank you for your time, Nancy Ahsmuhs 81283 Jasmine Ct La Quinta, CA 92253 Tania Flores From: Alena Callimanis <acallimanis@gmail.com> Sent: Monday, December 11, 2023 3:07 PM To: Cheri Flores Cc: Planning WebMail Subject: COMMENTS RE: TRAVERTINE SPECIFIC PLAN AMENDMENT DRAFT EIR SCH# 2018011023 Attachments: Alena Callimanis Response to Travertine Specific Plan Amendment Draft EIR SCH# 2018011023 Final.docx; Untitled attachment 00011.htm; Alena Callimanis Response to Travertine Specific Plan Amendment Draft EIR SCH# 2018011023 Final.pdf; Untitled attachment 00014.htm Dear Ms. Flores, Thank you for the opportunity to provide comments on the Travertine Specific Plan Amendment Draft EIR SCH4201801 1023. I have included in the attached document, both as a word document and a PDF, the comments on the following environmental resource categories. If you need me to submit each category in separate emails, please let me know and I will do it for you and resubmit the comments, though I would need an extension until tomorrow if you require this. 4.1 Aesthetics 4.3 Air Quality 4.7 Geology and Soils 4.8 Greenhouse Gas Emissions 4.10 Hydrology 4.11 Land Use and Planning 4.12 Noise 4.13 Population and Housing 4.16 Transportation I would first like to address the fact that the current draft of the EIR for Travertine must be withdrawn and resubmitted since it ignores the impact on the Trilogy Community that is within 350 feet of the Elevated Bridge that will cross Dike 4 at 62 Avenue (hereafter referred to as "the Elevated Bridge". The word "Project" cannot be used for Travertine without an assessment of the impacts of the 62 Avenue Elevated Bridge over Dike 4 to the adjacent Trilogy residents. Without that bridge, there could be no Travertine project since there is no other way to cross Dike 4. The only option, to mitigate the impacts, is to reissue the DEIR and move the primary construction access to the extension of Jefferson. In Table 3-1, Surrounding Land Uses, it states that "The Trilogy Golf Club at La Quinta is approximately Z500 feet northeast of the intersection of Madison and Avenue 62". I can categorically state that the residences at Trilogy at La Quinta start within 350 feet north and northeast of the Elevated Bridge over Dike 4. These residences are at ground level to dike 4, which relative to ground level is 30 feet high. The road and Elevated Bridge that will go over dike 4 are approximately 5 feet above the dike. Then there will be construction vehicles that, on average, will be approximately 10 to 12 feet high. With this combined elevation of 45 plus feet above Trilogy residences, there is no question that the aesthetics, air quality and noise impacts can never be mitigated. I am certain that the Attorney General of the State of California and Bureau of Environmental Justice, amongst other agencies, will concur with our statements and concerns. I have included the information above, and also the breakdown and comments on each of these categories, in the attached document. Both documents have the same content, with one as a PDF and one as a Word document. Please let me know if you are having any problems with the documents. Respectfully submitted, Alena Callimanis 81469 Rustic Canyon Dr. La Quinta, CA 92253 919 606-6164 acallimanis@gmail.com COMMENTS TO TRAVERTINE SPECIFIC PLAN AMENDMENT DRAFT EIR SCH# 2018011023 Dear Ms. Flores, Thank you for the opportunity to provide comments on the Travertine Specific Plan Amendment Draft EIR SCH#2018011023. I have included in this document the comments on the following environmental resource categories. If you need me to submit them into separate emails for each category, please let me know and I will do it for you and resubmit the comments. 4.1 Aesthetics 4.3 Air Quality 4.7 Geology and Soils 4.8 Greenhouse Gas Emissions 4.10 Hydrology 4.11 Land Use and Planning 4.12 Noise 4.13 Population and Housing 4.16 Transportation I would first like to address the fact that the current draft of the EIR for Travertine must be withdrawn and resubmitted since it ignores the impact on the Trilogy Community that is within 350 feet of the Elevated Bridge that will cross Dike 4 at 62 Avenue (hereafter referred to as "the Elevated Bridge". The word "Project" cannot be used for Travertine without an assessment of the impacts of the 62 Avenue Elevated Bridge over Dike 4 to the adjacent Trilogy residents. Without that bridge, there could be no Travertine project since there is no other way to cross Dike 4. The only option, to mitigate the impacts, is to reissue the DEIR and move the primary construction access to the extension of Jefferson. In Table 3-1, Surrounding Land Uses, it states that "The Trilogy Golf Club at La Quinta is approximately 2,500 feet northeast of the intersection of Madison and Avenue 62". I can categorically state that the residences at Trilogy at La Quinta start within 350 feet north and northeast of the Elevated Bridge over Dike 4. These residences are at ground level to dike 4, which relative to ground level is 30 feet high. The road and Elevated Bridge that will go over dike 4 are approximately 5 feet above the dike. Then there will be construction vehicles that, on average, will be approximately 10 to 12 feet high. With this combined elevation of 45 plus feet above Trilogy residences, there is no question that the aesthetics, air quality and noise impacts can never be mitigated. I am certain that the Attorney General of the State of California and Bureau of Environmental Justice, amongst other agencies, will concur with our statements and concerns. Here is the breakdown and comments on each of the categories I will be addressing. 4.1 Aesthetics In the DEIR, Location 12, Travertine Exhibit 4.1-19, this photograph, reproduced here, with cars having crossed the apex of the Elevated Bridge and heading down, shows no apparent impact to Trilogy. In reality, the two photographs (#1 and #2) below, taken from the top of dike 4 at the location of the Elevated Bridge looking to the right/north and northeast, and also from the Trilogy residences, show there will be a significant impact due to their close proximity to the Elevated Bridge. For orientation purposes, the photograph below (#2) is taken from the backyard of the Trilogy houses (as shown in the #1 photograph above) Photograph #2: Further, the balloon in Photograph #2 above is located 17 feet above the dike and represents the view of the height of construction traffic above the dike 4 as well as vehicles of future Travertine residents, Amazon trucks, landscapers, repair trucks, amongst others. Please note that the picture taken from the top of the dike is NOT taken from 17 feet up, so there will be significant more Trilogy houses with their constant views of traffic. To summarize, while the Trilogy residents do not have a view of the Travertine "Project" per se, they will be negatively impacted by the view of the Elevated Bridge and the related issues such as traffic, etc. The impact to Aesthetics cannot be mitigated. Section 4.3 Air Quality Trilogy is a designated 55 years and older community, and a significant number of residents are over 65, thus considered elderly. https://www.ncbi.nIm.nib.gov/books/NBK235450/#:—:text= Traditionally, the "elderly" are persons age 65 and older. For many who reside in Trilogy, this is their last home, perhaps prior to their move to an additional level of care (or their death), thus their retirement plans indicate that many of them will spend several years living in Trilogy. Based on case law study, elderly persons are considered "sensitive receptors". The Draft Environmental Report (DEIR) must provide details on the "health impacts" to the adjacent elderly people with pollution from trucks and cars crossing the bridge. In particular, since trucks will need to downshift to cross over the bridge, there will be significantly more emissions. The impact to Air Quality cannot be mitigated. Section 4.12 Noise Trilogy residents will be subject to significant noise from this project, both during and after construction. Noise will be significantly higher during construction when a majority of the vehicles will be trucks that are fully loaded with cement, wood, etc. and will need to downshift in order to navigate the Elevated Bridge. However, cars, delivery trucks, landscaping trucks, etc. will have an impact 24/7 in varying amounts. Under CEQA, the assessment entails looking at the setting of the noise impact and then how large or perceptible any noise increase would be in the given area. An analysis of this impact on the nearby Trilogy residents has not been done. The impact of Noise cannot be mitigated. 4.7 Geology and Soils There needs to be a new study done for Travertine as to the water and flooding mitigation. In hiking through the area on December 10, there has been significant new erosion through out this area. The studies done earlier, due to timing, did not factor in the two major rain events we had this summer which has significantly impacted the geology and topography of this area. And with climate change, these types of significant rain events will accelerate. The DEIR must be reissued to account for the flooding we experienced this year to see what new changes must be enacted. You cannot wait for the start of construction. The rain events were so significant as to question why anyone would want to build and live at Travertine. In addition, with heavy construction equipment crossing the Elevated Bridge over dike 4 at 62" d Ave, I do not see any study that addresses the potential stability of the dike under the bridge due to do vibrations and sound waves directed at the dike that could undermine the integrity of dike 4 itself. The stability of dike 4 is a geotechnical engineering issue and must be addressed in the revised DEIR that must be issued. 4.8 Green House Gas Emissions In the DEIR, re: the Category Green House Gas Emissions, there is a discussion about "on -site" actions the developer will take to mitigate emissions within the development, like bicycle riding paths, walkability around the development and the like. There is NO discussion in the DEIR of the distance of this development from required "day-to-day" services. There is no full -service supermarket (for example Ralph's or Stater Brothers, no pharmacy, no clothing stores, no entertainment complexes, etc. In addition, even after using the Elevated Bridge, the trip within the complex to housing near "Jefferson" entrance, for both construction vehicles and later on cars and support services, is adding significant GHG emissions that are not accounted for in the analysis. In addition, carbon credit purchase is still not a valid option to use in the Coachella Valley. In addition, GHG emissions will contribute to the poor air quality for the elderly, more vulnerable, Trilogy residents residing near the Elevated Bridge. GHG emissions cannot be mitigated. 4.10 Hydrology The topology of the area has been significantly impacted by the hurricane and rain events of the summer of 2023 due to my, and other', first hand knowledge of this area both pre- and post- these events. This whole area must be reanalyzed as the flood mitigation done in studies prior to 2023 is no longer valid and must be reevaluated and redistributed in a new DEIR before the project can move forward. Will there be adequate flood insurance available for Travertine residents? Based on projections and assumptions related to climate change, the number of significant rain events like we had this year will increase. Again, Dike 4 was built at 30 feet for a reason, to protect La Quinta and surrounding areas. This area is prone to flooding and it seems unreasonable as to why the developer believes that people will buy housing in a flood plain. 4.11 Land Use and Planning There are significant concerns that the land use designations in the DEIR take into account the Trilogy Golf Club at La Quinta and do not take into consideration the Trilogy Home Owner residences that are impacted by the Elevated Bridge over dike 4 at 62 Avenue. Per LQMC, Section 9.240.010, Specific Plan Review, a specific plan is a detailed plan covering a selected area of the city for the purpose of implementation of the general plan. Section 9.240.010 states that the following required findings shall be made by the City Council prior to approval of any specific plan or specific plan amendment: "2. Public Welfare: Approval of the plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare ". There is no question, per discussions above on categories 4.1, 4.3, 4.8 and 4.12, that approval of this plan as stated within this DEIR, will have an impact on the Public Welfare component, as above. The only way to mitigate this is to immediately switch the primary construction and access road to the buildout of Jefferson, so that there is no impact to the Trilogy residents by the Elevated Bridge at 62 Avenue. 4.13 Population and Housing This proposed Travertine development will not provide any low or very low income housing. It of course can't as there will be no public transportation to the site and car(s) will be required. These houses will not be of the price point for those housing elements. There is currently new development in La Quinta underway that will fulfill new housing for moderate, high and very high income housing in La Quinta so this development is not required to meet any State - mandated housing elements in the upper end of the housing element spectrum. 4.16 Transportation As noted in the discussion above on Green House Gas Emissions, 4.8, the Vehicle Miles Travelled is significantly impacted by the remoteness of this development. Even if there is a small commercial area, there will be significantly more vehicle miles than reflected in the study, which was done during COVID. There will be significantly more vehicle travel, both during construction and with residents and services personnel post construction. There will never be public bus service. Given the number of students projected to use school buses in Coachella Valley Unified School District, schools should be contacted to determine the ratio of "parental" pickup to bus riders. However, since the lead agency for this project is La Quinta, and schools in La Quinta are in the Desert Sands Unified School District, a reasonable explanation should be provided as to why the DEIR indicates students will be attending schools in CVUSD. Both parental driving or school bus drop off and pickup mileage will significantly increase if students go to schools in DSUSD since those schools are located much farther away (30 minutes or more). Respectfully submitted, Alena Callimanis 81469 Rustic Canyon Drive La Quinta, CA 92253 acallimanisggmail. com 919 606-6164 SUBJECT: COMMENTS TO TRAVERTINE SPECIFIC PLAN AMENDMENT DRAFT EIR SCH# 2018011023 Ms. Flores, Thank you for the comments on the Travertine Specific Plan Amendment Draft EIR SCH#2018011023. My comments are on the following environmental resource categories. 4.1 Aesthetics 4.3 Air Quality 4.7 Geology and Soils 4.8 Greenhouse Gas Emissions 4.11 Land Use and Planning 4.12 Noise 4.13 . Population and Housing 4.16 Transportation The current draft of EIR for Travertine must be withdrawn and resubmitted since it ignores the impact on the Trilogy community that is 350-400 feet from the bridge that will cross Dike 4 at 62 Avenue. "Project" cannot be used for Travertine without including the impacts of Avenue 62 bridge over Dike 4 to the adjacent Trilogy residents. Without the bridge you don't have a Travertine project. There is no other way to cross Dike 4. The only option, to mitigate the impacts, is to reissue the DEIR and move the primary construction access to the extension of Jefferson Street. Table 3-1: Surrounding Land Uses states that "The Trilogy Golf Club at La Qui'nta is approximately 2,500 feet northeast of the intersection of Madison and Avenue 62". Trilogy residences are at a ground level to Dike 4, which at ground level is 30 feet high. The road and bridge that will go over Dike 4 is approximately 5 feet above the dike. There will be construction vehicles that will be approximately 10 to 12 feet high. The elevation of 45+ feet above Trilogy is no question that the aesthetics, air quality and noise impacts can never be mitigated. 4.1 Aesthetics In the DEIR, Location 12, Travertine Exhibit 4.1-19, this picture, reproduced here, with cars having crossed the apex of the bridge and heading down, shows no impact to Trilogy. The pictures below, taken from the top of Dike 4 at the location of the bridge looking to the right, and also from the Trilogy resider►ce4, show there will be a significant impact due to their close proximity to t# e bridge. l hiie the Trilogy residents do not have sight of the Travertine "project" they wilI be negatively impacted by the view of the Bridge. Section 4.3 Air Quality It is apparent that the Graft Environmental Report (DEIR) does not address health effects from air quality emissions with the specificity required under California law, especially in light of the nurn ber of seniors living adjacent to tE a project. Elder people are considered sensitive. DEIR must provide details on the "health impacts" to the adjacent elderly people with the pollution from Irucks and cars crossing the bridge. In particular, trucks will need to downshift to crossover the Fridge. Section 4.12 Noise Trilogy residents will have significant noise frorn this project — both during aild after Construction. Noise will be significantly higher during construction: vehicles will be trucks loaded with cement, wood, etc. And, cars, delivery trucks, and landscaping trucks wilk be impact 247 in varying amounts. Under CEQA, the assessment entails looking atthe setting of the noise impact and then how large or perceptible any noise increase would be in the given area. An analysis of the impact can the close Trilogy residents has not been done. 4.7 Geology and Snits A new study for Travertine to the water and flcr)dingy, is needed. Hiking through the area in November there was significant new erosion throughout this area. With climate change, these types of significant rain events will accelerate. DElR must the reissued to account for the flooding we experienced this year to see what new changes must be enacted. The rain events are significant. Who would want to build and live at Travertine. 4.8 Green House Gas Emissions With Green House Gas Emissions, there is a discussion about "on -site" actions the developer will take to mitigate emissions within the development like bicycle riding paths, walkability around the development. GHG emissions can contribute to the poor air quality for the senior homeowners. Trilogy residents are residing near the bridge. 4.10 Hydrology The topology of the area has been significantly impacted by the hurricane and rain events of the summer of 2023 due to knowledge of this area both pre and post these events. The whole area must be reanalyzed as the flood mitigation done in studies prior to 2023 is no longer valid and must be re-evaluated and redistributed in a new DEIR. Is adequate flood insurance available for residences? With climate change, the number of significant rain events will increase. Dike 4 was built at 30 feet for a reason, to protect La Quinta and surrounding areas from flooding. The area is prone to flooding. 4.11 Land Use and Planning Significant concerns that the land use designations take into account the Trilogy Golf Club at La Quinta and do not take into consideration the Trilogy Home Owner residences that are impacted by the bridge over the dike at Avenue 62. Per LQMC, Section 9.240.010, Specific Plan Review, a specific plan is a detailed plan covering a selected area of the city for the purpose of implementation of the general plan. Section 9.240.010 states that the following required findings shall be made by the City Council prior to approval of any specific plan or specific plan amendment: "2. Public Welfare: Approval of the plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare". There is no question, per discussions above on categories 4.1, 4.3, 4.8 and 4.12, that approval of this plan as stated within this DEIR, will have Public Welfare Impact. The only way to mitigate this is to immediately switch the primary construction and access road to the buildout of Jefferson, so that there is no impact to the Trilogy residents by the bridge at 62 Avenue. 4.13 Population and Housing The development will not provide low or very low income housing. Currently, new development in La Quinta will fulfill new housing for moderate, high and very high income housing. 4.16 Transportation The discussion on Green House Gas Emissions, 4.8, the Vehicle Miles Travelled is significantly impacted by the remoteness of this develop. If there is a commercial area, it will be significantly more vehicle miles than in the study, which was done during COVID. This will be more vehicle travel, during construction and with residents. There will never be public bus service. The number of students expected to use school buses in Coachella Valley Unified School District, schools should be contacted to determine the ratio of "parental" pickup to bus riders. Since this project is in La Quinta and schools in La Quinta are in the Desert Sands Unified School District and Coachella Valley Unified School District, will the DEIR send students to La Quinta High School or Coachella Valley High School or Desert Mirage High School (and elementary and middle schools, too). S'USAN DAVIS 60580 Desert Rose Drive La Quinta, CA 92253 Susandavis51 @me.com 714-299-3636 Tania Flores From: Edward Kulyeshie <EJK48@me.com> Sent: Sunday, December 10, 2023 11:23 PM To: Planning WebMail; Cheri Flores Subject: ED KULYESHIE 81271 JASMINE COURT, LA QUINTA, CA. COMMENTS TO TRAVERTINE SPECIFIC PLAN AMENDMENT DRAFT EIR SCH# 2018011023 [Some people who received this message don't often get email from ejk48@me.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Dear La Quinta City Hall Project Analysis I am a La Quinta City Full time Resident since 2011 Along with Annette Cole my bride now in Heaven. This propose project will totally ruin the environment of all My neighbors & friends plus my HOME living along the Berm will Totally make our back yards, plants, trees, pools Destroy our use of our Trilogy owned property within The city limits of La Quinta plus make our property Worth Zero since no one would want to live here. The Berm is within 12 feet of my property pool, trees, plants, 1/3 of Acre property will be destroyed by this construction Of a road to build new homes on the south side of the Berm. Table 3-1 Surrounding Land Uses. This talks about all the areas around the project. It has this statement: The Trilogy Golf Club at La Quinta is approximately 2,500 feet northeast of the intersection of Madison and Avenue 62 This statement is totally FALSE as proved by my property wall And Berm —12 feet from each other as shown on attached Photos. i This is where your picture should go. In it you can say that you will you will ALWAYS see very clearly the construction traffic and the residential traffic and all the delivery trucks, landscapers, repair trucks, etc. That you are 350 feet away from this. The balloon is the roadway height above the berm and another 12 feet average for construction vehicles. The height of the dike is 30 feet. So the traffic over this bridge will be consistently a minimum of 45 feet above Trilogy. That is significant and the impact to aestitics cannot be mitigated. Section heading 4.3 Air Quality We will get emissions from the trucks and cars from construction through residential uses. And with the emissions from that height, it will be blown over our community and we will suffer with poor air quality for years and years to come. This statement is totally false as proven by attached photo Showing my pool being affected by storms coming over The Berm f} MML-1' -I Section 4.12 Noise - the constant noise of cars and trucks going over the bridge will be unacceptable. The construction will kill my trees and plant plus make my Pool and back yard not usable. Coyote packs are constantly killing our neighbors dogs, cats, and Other animals daily now with Coyotes attaching during the day and night on the other side of my wall. Consider new homes on the South side of the Berm As new hunting grounds for visiting children, senior adults, And all their animal's for new larger Coyotes packs. Merry Christmas Ed Kulyeshie 81271Jasmine Court La Quinta, Ca 92253 Cell: 760-289-9374 Email: EJK48@me.com Sent from my Wad Tania Flores From: LYNNE MARAFINO <larafino@sbcglobal.net> Sent: Monday, December 11, 2023 12:00 PM To: Cheri Flores Cc: Planning WebMail Subject: Travertine Project section 4.10 [Some people who received this message don't often get email from larafino@sbcglobal.net. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** I am writing this in regard to the Travertine Project section 4.10 about flood control, I have concerns about the hydrology report describing flood protection. While I do see edge protection around the community it really doesn't show where all that water will go and how the communities below are protected. Also the report has been written based on historical data and does not seem to take into account the seriousness of the climate change we are experiencing with predictions of more wet weather in the future. Hiking in that area after the hurricane I have seen the considerable water damage done to that area and the hurricane wasn't even as bad as predicted. Fences knocked down, trees toppled over, deep ruts and standing water in several places, see pictures below. So glad that dike system was there to protect our communities in that area! While the valley averages 3 inches of rain per year, the mountains are subject to much higher rates that cause all the flood damage. To see that all you have to do is look at the Box Canyon area that has been washed out several times in the last few years. The CVWD has done a lot to protect this area so my concern is why we have decided to put a community in the middle of one of these areas that helps with flood control. For your consideration, I think the hydrology report needs to redone to address these concerns and a new Draft Environmental Report for Travertine needs to be issued with the updated hydrology report. at i-i 4 4 - .. .* t� � ,� }Ark: ;•� lb . d /:tom I% *\ _ x. r dL itiIlk • + -' Y 4> ' -dry � , � ��-. �..f+'�. •.��• �r `� ��++��'`�" �-�.. r S � r I �'��l N, t ram.. ��. � ;�- - .__ ,. -w, - •...• , .. - . Ff AA - Thank you, Lynne Marafino 81431 Golden Poppy Way La Quinta, Ca 92253 larafino@sbcglobal.net 714-231-6964 4