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2024 11 12 PC
PLANNING COMMISSION AGENDA Page 1 of 5 NOVEMBER 12, 2024 PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta TUESDAY, NOVEMBER 12, 2024, AT 5:00 P.M. Members of the public may listen to this meeting by tuning-in live via www.laquintaca.gov/livemeetings. CALL TO ORDER Roll Call: Commissioners: Guerrero, Hernandez, Hundt, McCune, Nieto, Tyerman, and Chair Hassett PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the Commission on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed at the end of the agenda. The Commission values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. CONFIRMATION OF AGENDA ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – NONE CONSENT CALENDAR PAGE 1. APPROVE MEETING MINUTES DATED SEPTEMBER 10, 2024 6 2.APPROVE MEETING MINUTES DATED OCTOBER 8, 2024 10 Planning Commission agendas and staff reports are now available on the City’s web page: www.laquintaca.gov PLANNING COMMISSION AGENDA Page 2 of 5 NOVEMBER 12, 2024 BUSINESS SESSION – 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). 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. CONSIDER A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF A LANDMARK DESIGNATION 2024-0001 FOR A SINGLE-FAMILY RESIDENCE LOCATED AT 51407 AVENIDA VELASCO; CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW PURSUANT TO SECTION 15301, CLASS 1 EXISTING FACILITIES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: 51407 AVENIDA VELASCO 18 2. CONSIDER A REQUEST FOR CONTINUANCE OF THE PUBLIC HEARING FOR CONDITIONAL USE PERMIT 2024-0001 FOR THE CONSTRUCTION OF A WIRELESS TELECOMMUNICATION FACILITY (MONOPALM); CEQA: THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES; LOCATION: WEST SIDE OF MANDARINA BETWEEN POMELO AND SANDIA, WITHIN CITRUS GOLF CLUB 40 3. CONSIDER A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF A SITE DEVELOPMENT PERMIT 2024-0001 TO CONSTRUCT 14 SINGLE- FAMILY RESIDENTIAL UNITS AND A DEVELOPMENT AGREEMENT 2024- 0001 TO ESTABLISH THE RESPONSIBILITIES OF THE DEVELOPER FOR BRAVO ESTATES (TTM 31852); CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE PROJECT IS CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2003-495; LOCATION: NORTHWEST CORNER OF AVENUE 52 AND MADISON STREET 96 STUDY SESSION – NONE COMMISSIONERS’ ITEMS PLANNING COMMISSION AGENDA Page 3 of 5 NOVEMBER 12, 2024 STAFF ITEMS 1. GENERAL PROJECT UPDATE ADJOURNMENT ********************************* The regular Planning Commission meeting of November 26, 2024, has been cancelled. The next regular meeting of the La Quinta Planning Commission will be held on December 10, 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 November 12, 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 November 7, 2024. DATED: November 7, 2024 Tania Flores, Commission Secretary City of La Quinta, California Public Notices Agenda packet materials are available for public inspection: 1) at the Clerk’s Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City’s website at https://www.laquintaca.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 the 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 take place prior to the beginning of the meeting. PLANNING COMMISSION AGENDA Page 4 of 5 NOVEMBER 12, 2024 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 by the Chair to speak. In accordance with City Council Resolution No. 2022-028, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the Commission Secretary by completing a “Request to Speak” form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments. Verbal public comments are defined as comments provided in the speakers’ own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Chair. Public speakers may elect to use printed presentation materials to aid their comments; 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 website and any other Internet Web-based platform or PLANNING COMMISSION AGENDA Page 5 of 5 NOVEMBER 12, 2024 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 § 54953], 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. ZOOM LINK: https://us06web.zoom.us/j/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 TFlores@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 MINUTES Page 1 of 4 SEPTEMBER 10, 2024 PLANNING COMMISSION MINUTES TUESDAY, SEPTEMBER 10, 2024 CALL TO ORDER A regular meeting of the La Quinta Planning Commission (Commission) was called to order at 5:00 p.m. by Chairperson Hassett. PRESENT: Commissioners Guerrero, Hundt, McCune, Nieto, Tyerman, and Chairperson Hassett ABSENT: Commissioner Hernandez STAFF PRESENT: Design and Development Director Danny Castro, Public Works Director Bryan McKinney, Planning Manager Cheri Flores, Senior Planner Scott Nespor, Assistant Planner Jack Lima, Communications Specialist Sherry Barkas, and Commission Secretary Tania Flores PLEDGE OF ALLEGIANCE Commissioner Tyerman led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None. CONFIRMATION OF AGENDA MOTION – A motion was made and seconded by Commissioners Tyerman/Nieto to confirm the agenda as published. Motion passed: ayes – 6, noes – 0, absent – 1 (Hernandez), abstain – 0. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1.INTRODUCTION OF NEWLY APPOINTED COMMISSIONER HUNDT Chairperson Hassett welcomed newly appointed Commissioner Hundt, who provided a brief summary of his experience. CONSENT CALENDAR MOTION – A motion was made and seconded by Commissioners Nieto/Guerrero to approve the Consent Calendar as published. Motion passed: ayes – 6, noes – 0, absent – 1 (Hernandez), abstain – 0. CONSENT CALENDAR ITEM NO. 1 6 PLANNING COMMISSION MINUTES Page 2 of 4 SEPTEMBER 10, 2024 BUSINESS SESSION – None. PUBLIC HEARINGS – None. STUDY SESSION 1. REVIEW CITY OF LA QUINTA DRAFT STRATEGIC PLAN Communications Specialist Barkas presented the staff report, which is on file in the Design and Development Department. Commission and staff discussed financial, environmental, and resource-intensive focus areas of the Draft Strategic Plan, including prioritization and feasibility of: Imperial Irrigation District (IID): IID’s and Coachella Valley Water District (CVWD) 99-year Agreement of Compromise making IID the electrical service provider for the Eastern Coachella Valley, which is set to expire in 2032; the ownership and maintenance responsibilities of infrastructure and the upgrades needed for outdated equipment and service lines; possible funding sources for infrastructure upgrades and substations including implementing residential tax assessments, developer funding, and federal grants; consideration of expansion of the City’s power grid to include providing power and infrastructure upgrades to the Sphere of Influence area in the case of annexation; potential site locations for additional substations; the status of the Marshall Station which was part of the La Quinta Village Apartments project; and recent customer experiences including billing errors. Highway 111 Plan: Discussed collaboration with developers and parcel owners to update centers with new design standards for improved signage and facades; increased connectivity and walkability, including CV Link and the Art and Music Line projects; increasing economic diversity, mixed-use developments, and affordable housing; phasing and timeline for the uniform Specific Plan implementation; the addition of Adams Street as a multi-modal connecting corridor; infrastructure, medians and landscape improvements; CalTrans and City funding for roadway improvements. Expanding City Boundaries to Include the Sphere of Influence (SOI): Status of the SOI feasibility analysis and potential challenges for annexation; an analysis of infrastructure needs; resident and property owner survey results; keeping the unique and diverse economy and land uses in the SOI; Vista Santa Rosa Community Council involvement in the analysis process; and future police and fire service needs of the community. Undergrounding of Utilities: Analysis of the total and per household costs to residents; additional funding options; current development standards requiring undergrounding; release of property utility easements; and the priority level of this project due to feasibility and budget constraints. 7 PLANNING COMMISSION MINUTES Page 3 of 4 SEPTEMBER 10, 2024 Affordable Housing Needs: The current status and progress towards Regional Housing Needs Allocation (RHNA) goals; the City’s efforts to attract affordable housing developers; available State funding to assist in compliance; lack of power accessibility affecting new developments including affordable housing; and costs associated with building affordable housing developments. PUBLIC SPEAKER: Philip Bettencourt, La Quinta – provided a brief explanation of his history and involvement with IID; proposed political initiatives to include Coachella Valley representatives among the IID Board of Directors; the need for collaboration between residents, government and tribal officials, and IID to ensure future power management; the ability for creation of micro-service areas; developer involvement in funding infrastructure; distribution issues caused by outdated and undermaintained infrastructure and equipment; Coachella Valley Association of Governments (CVAG) involvement; residential solar implementation possibilities; and information regarding the IID Energy Consumers Advisory Committee (ECAC) meetings. CHAIRPERSON HASSETT CALLED FOR A BRIEF RECESS AT 6:34 P.M. CHAIRPERSON HASSETT RECONVENED THE MEETING AT 6:49 P.M. WITH COMMISSIONERS GUERRERO, HUNDT, McCUNE, NIETO, AND TYERMAN PRESENT 2. DISCUSS SPECIAL EVENT REGULATIONS IN RESIDENTIAL DISTRICTS PER LA QUINTA MUNICIPAL CODE SECTION 9.60.170 Planning Manager Flores and Director Castro presented the staff report, which is on file in the Design and Development Department. Commission and staff discussed the penalties, fines, and policies associated with Special Event (SPEV) violations; the elimination of permit tiers allowing multiple SPEVs on one permit; requiring public hearings and/or Planning Commission consideration of SPEVs; Staff Level Decision process for permitting SPEVs, ability for Director to elevate to Commission consideration, and the ability for the Commission to call up any item approved at staff level including SPEVs; statistical information regarding number of events approved per year, number of properties hosting multiple events per year, number of SPEV on large lot properties, and complaints related to SPEVs; SPEVs requiring a Conditional Use Permit; definition of large lot exemptions and large properties located within the Sphere of Influence; prohibiting SPEVs at Short-Term Vacation Rental (STVR) properties except within exempt areas; SPEV criteria and notification requirements; processing time for business licensing; Home Owner Association (HOA) governance over SPEVs within their community; requiring large lot properties to declare whether or not they would host SPEVs at time of application and during public hearing process; parking requirements defined in Conditions of Approval; and expediting process times and fees. 3. DISCUSS PROPOSED ZONING ORDINANCE AMENDMENT 2024-0001 FOR ZONING CODE LANGUAGE CLEAN UP AND CHANGES REGARDING: VILLAGE 8 PLANNING COMMISSION MINUTES Page 4 of 4 SEPTEMBER 10, 2024 PARKING ALLOWANCES, VINYL FENCING, BED AND BREAKFAST INNS, RESIDENTIAL GARAGE SETBACKS, TEMPORARY USE PERMIT EXPIRATIONS, AND ACCESSORY DWELLING UNIT (ADU) REGULATIONS Senior Planner Nespor presented the staff report, which is on file in the Design and Development Department. Commission and Staff discussion followed to include Bed and Breakfast Inns, their purpose, number of current establishments and allowable locations, and a comparison with Homeshare STVR permits; Tentative Tract Map noticing requirements and the State requirements of noticing; Accessory Dwelling Unit (ADU) regulations and allowing the sale of an ADU separate from the primary dwelling; permitting Food Truck permits at special events and drafting a Food Truck Ordinance; existing Temporary Use Permit types and expiration dates; Minor Use Permit and Conditional Use Permit approval process, time limits, and expirations; vinyl fencing aesthetics, durability, maintenance requirements, costs, and approval process; Mills Act criteria as set by the State, any current designated landmark properties within the city, any proposed landmark designations and the approval process for such designations. STAFF ITEMS – None. COMMISSIONER ITEMS – None. ADJOURNMENT There being no further business, a motion was made and seconded by Commissioner Tyerman/Guerrero to adjourn this meeting at 8:23 p.m. Motion passed: ayes – 6, noes – 0, absent – 1 (Hernandez), abstain – 0. Respectfully submitted, TANIA FLORES, Commission Secretary City of La Quinta, California 9 PLANNING COMMISSION MINUTES Page 1 of 8 OCTOBER 8, 2024 PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 8, 2024 CALL TO ORDER A regular meeting of the La Quinta Planning Commission (Commission) was called to order at 5:01 p.m. by Chairperson Hassett. PRESENT: Commissioners Guerrero, Hernandez, McCune, Nieto, Tyerman, and Chairperson Hassett ABSENT: Commissioner Hundt STAFF PRESENT: Design and Development Director Danny Castro, Public Works Director Bryan McKinney, Planning Manager Cheri Flores, Planning Consultant Nicole Criste, Senior Planner Scott Nespor, Associate Planner Siji Fernandez, Assistant Planner Jack Lima, Deputy City Attorney Jessica Sanders (via teleconference), and Commission Secretary Tania Flores PLEDGE OF ALLEGIANCE Commissioner McCune led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None. CONFIRMATION OF AGENDA MOTION – A motion was made and seconded by Commissioners Guerrero/Nieto to confirm the agenda as published. Motion passed: ayes – 6, noes – 0, absent – 1 (Hundt), abstain – 0. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – None. CONSENT CALENDAR 1.APPROVE MEETING MINUTES DATED JULY 9, 2024 2. APPROVE MEETING MINUTES DATED AUGUST 13, 2024 COMMISSIONER HERNANDEZ SAID HE WILL ABSTAIN FROM VOTING ON CONSENT CALENDAR ITEM NO. 1 AS HE WAS ABSENT FROM THE JULY 9, 2024, COMMISSION MEETING AND ASKED THAT IT BE PULLED FOR A SEPARATE VOTE. CONSENT CALENDAR ITEM NO. 2 10 PLANNING COMMISSION MINUTES Page 2 of 8 OCTOBER 8, 2024 MOTION – A motion was made and seconded by Chairperson Hassett/Commissioner Guerrero to approve Consent Calendar Item No. 1, as published. Motion passed: ayes – 5, noes – 0, absent – 1 (Hundt), abstain – 1 (Hernandez). MOTION – A motion was made and seconded by Commissioners Nieto/Hernandez to approve Consent Calendar Item No. 2, as published. Motion passed: ayes – 6, noes – 0, absent – 1 (Hundt), abstain – 0. BUSINESS SESSION 1. APPROVE CANCELLATION OF REGULAR PLANNING COMMISSION MEETINGS OF NOVEMBER 26 AND DECEMBER 24, 2024 The Commission waived presentation of the staff report, which is on file in the Design and Development Department. MOTION – A motion was made and seconded by Commissioners Tyerman/Nieto to approve the cancellation of the regular Planning Commission meetings of November 26 and December 24, 2024. Motion passed: ayes – 6, noes – 0, absent – 1 (Hundt), abstain – 0. 2. CONSIDER ADOPTING A RESOLUTION TO APPROVE SIGN PROGRAM AMENDMENT 2024-0005 (SA2002-668 AMENDMENT 5) FOR MONUMENT SIGNS FOR THE ONE ELEVEN LA QUINTA SHOPPING CENTER; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 (g) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: 78950 HIGHWAY 111 DECLARATIONS OF COMMISSION PUBLIC CONTACT OR CONFLICTS: None. Associate Planner Fernandez presented the staff report, which is on file in the Design and Development Department. Staff answered Commission questions regarding previously installed mock-up signs and any changes that those samples prompted in the current sign design and placement; recently approved changes to the building elevations of the shopping center; design elements of the proposed monuments, including backlighting, current site conditions, and phasing of landscape improvements at the site; and any forthcoming guidelines for the Highway 111 Corridor plan regarding uniform design of monuments and signage. PUBLIC SPEAKER: Applicant Ryan Chen, Assistant Construction Manager for Milan Capital Management, Inc., answered Commission questions regarding the height and design of the monument signs; and the status of landscape improvement plans for the entire shopping center. 11 PLANNING COMMISSION MINUTES Page 3 of 8 OCTOBER 8, 2024 MOTION – A motion was made and seconded by Commissioners Guerrero/Nieto to adopt Planning Commission Resolution No. 2024-012 to approve Sign Program Amendment 2024-0005 (SA2002-668, Amendment 5) and find that the project exempt from environmental review pursuant to Section 15301 (g) (Existing Facilities) of the California Environmental Quality Act, as presented: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SIGN PROGRAM AMENDMENT FOR MONUMENT SIGNS FOR THE ONE ELEVEN LA QUINTA SHOPPING CENTER CASE NUMBERS: SIGN PROGRAM AMENDMENT 2024-0005 (SA2002-668 AMENDMENT 5) APPLICANT: MILAN CAPITAL MANAGEMENT PROJECT: ONE ELEVEN LA QUINTA SHOPPING CENTER Motion passed: ayes – 6, noes – 0, absent – 1 (Hundt), abstain – 0. PUBLIC HEARINGS 1.CONSIDER ADOPTING RESOLUTIONS RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION (EA2022-0012) AND APPROVE AN AMENDMENT TO THE JEFFERSON SQUARE SPECIFIC PLAN (SP2022- 0004), TENTATIVE TRACT MAP 38604 (TTM2022-0003) AND SITE DEVELOPMENT PERMIT (SDP2022-0015) FOR THE DEVELOPMENT OF MULTI- FAMILY RESIDENTIAL UNITS ON THE SOUTH HALF OF THE EXISTING JEFFERSON SQUARE SHOPPING CENTER; CEQA: A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED (EA2022-0012); LOCATION: SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE DECLARATIONS OF COMMISSION PUBLIC CONTACT OR CONFLICTS: Commissioners Guerrero and Hernandez said that they had attended a project presentation by the applicant. Planning Consultant Criste, with Terra Nova Planning and Research, Inc., presented the staff report, which is on file in the Design and Development Department. Staff answered questions regarding the differences between the previously approved project on this site and the current proposal; noise mitigation for both commercial and residential uses; design of the proposed “tot lot;” retention basin access near proposed Buildings 5 and 6; the allowance of residential or commercial uses under the Specific Plan, and any amendments that would be required with a change of use; adjacent park access and Americans with Disabilities Act (ADA) accessibility; lighting and visual impacts of lighting throughout the project including parking areas; Electric Vehicle (EV) charging station requirements; process for converting the proposed apartment buildings and town homes to individual units for sale and applicant’s intention to do so; proposed building height which includes the tuck-under garages; emergency vehicle and garbage truck accessibility; any affordable housing units and Regional Housing Needs Allocation (RHNA) applicability; distance and setbacks of the proposed buildings to the existing 12 PLANNING COMMISSION MINUTES Page 4 of 8 OCTOBER 8, 2024 residential homes on the project’s south perimeter; and California Environmental Quality Act (CEQA) guidelines or restrictions on private views. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING OPEN AT 6:26 P.M. PUBLIC SPEAKER: Applicant Luis Gomez, principal of goUrban Development for the project, provided a brief presentation of the project, including property history, current and past market trends, project vision, community insights, site constraints and challenges, and community benefits; and answered questions regarding power supply and availability for the project; the number of EV charging stations included in the plan; location and functionality of the retention basins on the project site; “tot lot” design and programming; land easements for tribal consultation; walking trails, bicycle parking, and public transit access; park access from the site; parking lot access, restrictions, and enforcement; neighboring community input including comments from commercial business owners in the vicinity. Consulting Planner Criste provided additional information to address comments submitted by Commissioner Hundt via email, including alternative energy sources, required screening to mitigate visual impacts of rooftop mechanical equipment, and maintenance responsibility of the screening hedges along the project's south perimeter. CHAIRPERSON HASSETT CALLED FOR A BRIEF RECESS AT 6:54 P.M. CHAIRPERSON HASSETT RECONVENED THE COMMISSION MEETING AT 7:12 P.M. WITH COMMISSIONERS GUERRERO, HERNANDEZ, McCUNE, NIETO, AND TYERMAN PRESENT Commission Secretary Flores said that the City received two written comments opposed to the project and three written comments in support of the project that were distributed to the Commission prior to the start of the meeting, made public, published on the City’s website, and included in the public record of this meeting. PUBLIC SPEAKER: Heidi Kemp, La Quinta – expressed displeasure about the project consultant’s use of her property to place microphones used in the noise study without her permission; opposed the project due to the reduction in parking requirements which may cause increased parking in the Monticello neighborhood park area. PUBLIC SPEAKER: Nathan Mach, La Quinta – opposed the project due to the transient nature of apartment rentals; increased traffic concerns, including speeding; overcrowding and inappropriate use of the park by apartment residents; and poor management of current development by the owner/applicant. PUBLIC SPEAKER: Greg Cairns, La Quinta – opposed to the project due to the multi- story buildings decreasing privacy of his home and yard; the reduction in required parking; distrust of the developer; and likelihood of units being used for short-term vacation rentals despite the City’s disallowance of permits for that use. 13 PLANNING COMMISSION MINUTES Page 5 of 8 OCTOBER 8, 2024 PUBLIC SPEAKER: Kevin McCarthy, La Quinta – opposed the project due to multi-story buildings and increased traffic. PUBLIC SPEAKER: David Thomas, La Quinta – opposed the project due to higher density residential and limited parking availability. PUBLIC SPEAKER: Marshall Cooper, La Quinta – opposed the project due to multi-story buildings decreasing his privacy and home value. PUBLIC SPEAKER: Robert Segal, La Quinta – opposed the project due to changes in land use; increased traffic; multi-story buildings; and noise and lighting impacts. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING CLOSED AT 7:35 P.M. Commission discussion followed regarding the effects on the Monticello community and their ability to form a Homeowners Association (HOA) and transition to a gated community to mitigate non-neighborhood impacts of traffic; traffic management and offsite improvements for traffic management including entrance locations, signals, and wayfinding; the mixed-use zoning overlay on the site allows both commercial and residential uses; applicant’s public outreach efforts and concessions made in the interest of the neighboring community, including reduction of apartment units and three-story buildings close to the site perimeter; challenges and solutions in design and site use; grading heights, building heights and lines of sight to the neighboring community; maintenance of the proposed privacy hedge at the south perimeter wall; parking availability and reduced requirements; vehicle stacking and traffic flow at the adjacent Dutch Bros. Coffee; land use options for the project site including commercial and low- income high-density units; the need for diverse housing opportunities in the city; tribal consultation and monitoring on the site; additional textured concrete or paving stones at pedestrian crosswalks within the development (three locations identified); and extending the privacy hedge along the length of the perimeter wall, set northerly from the wall to provide maintenance access. MOTION – A motion was made and seconded by Commissioners Nieto/Guerrero to adopt Planning Commission Resolution No. 2024-013 to recommend City Council adopt a Mitigated Negative Declaration for the Jefferson Square project (EA2022-0012), as presented: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CITY COUNCIL ADOPT MITIGATED NEGATIVE DECLARATION (EA2022-0012), FOR A SPECIFIC PLAN AMENDMENT TO ALLOW EITHER COMMERCIAL OR MULTI-FAMILY RESIDENTIAL ON THE SOUTH HALF OF THE JEFFERSON SQUARE SPECIFIC PLAN, A TENTATIVE TRACT MAP AND A SITE DEVELOPMENT PERMIT TO ALLOW A TOTAL OF 89 APARTMENT AND TOWNHOUSE UNITS ON 5 ACRES OF THE 10 ACRE SITE CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2022-0012 14 PLANNING COMMISSION MINUTES Page 6 of 8 OCTOBER 8, 2024 APPLICANT: FLORA LA QUINTA LLC PROJECT: JEFFERSON SQUARE SPECIFIC PLAN AMENDMENT NO. 3 Motion passed: ayes – 6, noes – 0, absent – 1 (Hundt), abstain – 0. MOTION – A motion was made and seconded by Chairperson Hassett/Guerrero to adopt Planning Commission Resolution No. 2024-014 to recommend City Council approve Specific Plan 2022-0004 (SP2002-062, Amendment 3), Tentative Tract Map 2022-0003 (TTM 38604) and Site Development Permit 2022-0015, subject to conditions of approval, as amended, recommending additional conditions of approval to be added as noted in the Commission discussion above and listed below: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE A SPECIFIC PLAN AMENDMENT TO ALLOW EITHER COMMERCIAL OR MULTI- FAMILY RESIDENTIAL ON THE SOUTH HALF OF THE JEFFERSON SQUARE SPECIFIC PLAN, A TENTATIVE TRACT MAP AND A SITE DEVELOPMENT PERMIT TO ALLOW A TOTAL OF 89 APARTMENT AND TOWNHOUSE UNITS ON 5 ACRES OF THE 10 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE CASE NUMBERS: SPECIFIC PLAN 2022-0004 (SP 2002-062, AMENDMENT 3), TENTATIVE TRACT MAP 2022-0003 (TTM 38604), SITE DEVELOPMENT PERMIT 2022-015 APPLICANT: FLORA LA QUINTA LLC PROJECT: JEFFERSON SQUARE SPECIFIC PLAN AMENDMENT NO. 3 As amended to suggest the addition of the following Conditions of Approval: Enhanced crosswalks will be provided throughout Planning Area 2 (including the southeast and northeast corners of the apartment building and between Buildings 2/3 and 4. These can consist of stamped colored concrete, paving stones, or similar features. The tree screen located along the southern property line shall be extended to the southwest corner of the property. It will be located away from the existing wall, a distance of up to 3 feet, so as to provide sufficient space for maintenance. The screen shall be maintained at a height of 15 feet in a neat and healthy condition. Installation shall be monitored by a Tribal monitor to assure that the cultural resource in this area is not disturbed. Motion passed: ayes – 6, noes – 0, absent – 1 (Hundt), abstain – 0. 2. CONSIDER ADOPTING A RESOLUTION RECOMMENDING CITY COUNCIL APPROVE A ZONING ORDINANCE AMENDMENT (ZOA2024-0001) FOR ZONING AND SUBDIVISION CODE LANGUAGE CLEAN UP AND CHANGES REGARDING: RESIDENTIAL SPECIAL EVENTS, TENTATIVE MAP PUBLIC HEARING NOTICES, VILLAGE PARKING ALLOWANCES, VINYL FENCING, BED AND BREAKFAST INNS, RESIDENTIAL GARAGE SETBACKS, TEMPORARY USE PERMIT TIMING AND EXPIRATIONS, AND ACCESSORY DWELLING UNIT (ADU) REGULATIONS; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL 15 PLANNING COMMISSION MINUTES Page 7 of 8 OCTOBER 8, 2024 REVIEW PURSUANT TO SECTION 15061 (B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: CITY-WIDE DECLARATIONS OF COMMISSION PUBLIC CONTACT OR CONFLICTS: None. Senior Planner Nespor presented the staff report, which is on file in the Design and Development Department. Staff answered Commission questions regarding the intent of the special event code changes and the effects on short-term vacation rental and large lot/estate properties; the possibility of requiring a public hearing for special event permits; public noticing requirements for special events; Temporary Use Permit (TUP) extensions, various uses, and current or past extensions granted; and the proposed changes to garage setbacks. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING OPEN AT 8:45 P.M. Commission Secretary Flores said that the City received no public comment and no requests to speak for this item. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING CLOSED AT 8:46 P.M. MOTION – A motion was made and seconded by Commissioner Guerrero/Chairperson Hassett to adopt Planning Commission Resolution No. 2024-015 to recommend City Council approve Zoning Ordinance Amendment 2024-0001 for zoning and subdivision code language clean up and changes, and find the project exempt from the California Environmental Quality Act per Section 15061 (b)(3), as presented: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE A ZONING ORDINANCE AMENDMENT FOR ZONING AND SUBDIVISION CODE LANGUAGE CLEAN UP AND CHANGES REGARDING RESIDENTIAL SPECIAL EVENTS, TENTATIVE MAP PUBLIC HEARING NOTICES, VILLAGE PARKING ALLOWANCES, VINYL FENCING, BED AND BREAKFAST INNS, RESIDENTIAL GARAGE SETBACKS, TEMPORARY USE PERMIT TIMING AND EXPIRATIONS, AND ACCESSORY DWELLING UNIT (ADU) REGULATIONS AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: ZONING ORDINANCE AMENDMENT 2024-0001 APPLICANT: CITY OF LA QUINTA PROJECT: 2024 ZONING AND SUBDIVISION CODE UPDATES Motion passed: ayes – 6, noes – 0, absent – 1 (Hundt), abstain – 0. STUDY SESSION – None. STAFF ITEMS – None. COMMISSIONER ITEMS – None. 16 PLANNING COMMISSION MINUTES Page 8 of 8 OCTOBER 8, 2024 ADJOURNMENT There being no further business, a motion was made and seconded by Commissioners McCune/Guerrero to adjourn this meeting at 8:48 p.m. Motion passed: ayes – 6, noes – 0, absent – 1 (Hundt), abstain – 0. Respectfully submitted, TANIA FLORES, Commission Secretary City of La Quinta, California 17 PUBLIC HEARING ITEM NO. 1 City of La Quinta PLANNING COMMISSION MEETING: November 12, 2024 STAFF REPORT AGENDA TITLE: CONSIDER A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF A LANDMARK DESIGNATION 2024-0001 FOR A SINGLE-FAMILY RESIDENCE LOCATED AT 51407 AVENIDA VELASCO; CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW PURSUANT TO SECTION 15301, CLASS 1 EXISTING FACILITIES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: 51407 AVENIDA VELASCO RECOMMENDATION Consider a resolution to approve Landmark Designation 2024-0001 and find that the project is exempt from environmental review pursuant to Section 15301 Class 1 (Existing Facilities). EXECUTIVE SUMMARY The proposed historic landmark designation is a single-family residence located in the Cove Residential (RC) Zoning District at 51407 Avenida Velasco. (Attachments 1 and 2). In order to make a recommendation for approval of the landmark designation, the Planning Commission must determine if the property meets landmark criteria as provided in Title 7 – Historic Preservation of the La Quinta Municipal Code and is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Attachment 3). BACKGROUND A "Landmark" means any property or improvement, manmade or natural, which has special historical, cultural, architectural, archaeological, or community interest or value as part of the development, heritage, or history of the city, the state of California, or the nation, and that has been designated as a landmark pursuant to Title 7 – Historic Preservation of the City’s Municipal Code. The City has recently updated its Survey of Historic Resources (2023). The Survey inventories all structures in the City that are 45 years of age or older along with any historically significant landscape or agricultural features. The survey identifies sites determined as eligible for either local, State or national listing (landmark designation) of historic places. 18 The Survey conducted an evaluation of 51407 Avenida Velasco for its historic significance and determined that the dwelling may retain a sufficient level of integrity from the 1935 to 1950 period of significance for individual designation (Attachment 5). Title 7, Section 7.06.030 of the La Quinta Municipal Code establishes the landmark designation procedures. Any person may request the designation of a property or improvement as a historic landmark by filing a request with the Planning Department to be considered by the Planning Commission with a final decision by the City Council, after receipt of the recommendation from the Commission. PROPOSAL The item for consideration is a request by the property owners, Michael Chanco and Michael Paganelli, to designate their “casita” home located at 51407 Avenida Velasco as a landmark. The La Quinta Cove (Cove) is an existing residential community located on the southwest corner of the City bounded by Calle Tampico on the north, Avenida Bermudas on the east, Calle Tecate on the south, and Avenida Montezuma and Bear Creek on the west. The Cove was subdivided between 1933-1937 to become the first subdivision in La Quinta. Between 1935 and 1941, 63 "casitas" were built. Clients could purchase or rent these small bungalows. The casitas were designed to be similar to the “casitas” of the La Quinta Hotel. In 1935, the 50-by-100 lots sold for $195 and the homes for $2,500. The original developer of the casitas was E. S. 'Harry' Kiener, who formed the Palm Springs – La Quinta Development Company. He intended for these homes to be weekend getaway homes. The 51407 Avenida Velasco residence was constructed in 1935, making it one of the original four that were built that year. This home was originally built on the standard lot size of 50 feet by 100 and was later enlarged by merging with the lot to the north. The single- family residence was constructed in the Spanish Colonial Revival style. The home was constructed with an "L" shaped plan, clad in stucco with a gable roof clad in red tiles with exposed beams. The original “L” building footprint is the southeast portion of the home (Figure 1), with later building additions added consistent with the Spanish Colonial Revival style. The casita retains its original "Z" style front door with the original latch and window. The original bell is located outside near the entry gate. Typically, the bells were located next to the entry door. The primary bathroom appears to have original tile work done by "E. S. 'Harry' Kiener of the Palm Springs - La Quinta Development Company. The intention of the homeowners is to preserve the historic nature of the home (Attachment 4). There were several improvements/additions made to the original casita structure as follows: 1) Unknown Addition – This area does not fit the description of the permits available, and based on historical aerials, this area is not an original part of the home. Most likely this addition was done somewhere between 1959 and 1963. 2) Garage Addition – An addition was made to increase the size of the garage in 1963. 19 3) Additional Bathroom – A permit was issued for an additional bathroom in 1964. 4) Garage Conversion and Patio – In 1978, a permit was issued to address the illegal addition in the rear and conversion of part of the garage. 5) Front property wall – A block wall permit was issued in 1985, which enclosed the front yard area with a 6-foot masonry wall. 6) Reroof – The casita was reroofed in 2001 using a Spanish-style tile. 20 ANALYSIS Pursuant to Title 7, Section 7.06.020, designation of a property or improvement as a historic landmark must meet one or more of the following criteria: A. It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, or architectural history; or B. It is identified with persons or events significant in local, state, or national history; or C. It embodies distinctive characteristics of a style, type, period, or method of construction, is a valuable example of the use of Indigenous materials or craftsmanship or is representative of a notable work of an acclaimed builder, designer, or architect; or D. It is an archaeological, paleontological, botanical, geological, topographical, ecological, or geographical site which has the potential to yield information of scientific value; or E. It is a geographically definable area possessing a concentration of sites, buildings, structures, improvements, or objects linked historically through location, design, setting, materials, workmanship, feeling, and/or association, in which the collective value of the improvements may be greater than the value of each individual improvement. 51407 Avenida Velasco individually embodies the distinctive characteristics of a Spanish Colonial Revival style “casita” bungalow built in the Cove during the 1930s and may be considered individually significant under Criterion C for embodying the distinctive characteristics of a type, period, or method of construction. 51407 Avenida Velasco is representative of the first subdivision of the Cove by E. S. 'Harry' Kiener, who formed the Palm Springs – La Quinta Development Company. 51407 Avenida Velasco retains its original “L” shape and retains original features and elements like the original “Z” style front door, latch and window, gable roof with exposed beams, and original bell. The original bell is typically found near the entryway of the home but appears to have been relocated to one of the pillars entering the property. The home is surrounded by a perimeter wall, which reduces the visibility of the home from public view. While later building improvements were added, consistent with the Spanish Revival architectural style, the integrity of the original features and building elements are intact. This proposed landmark designation is for this property alone, although 51407 Avenida Velasco can also be considered a contributor to an eligible historic district – the La Quinta Cove Thematic Historic District - which has been identified in the Survey as a grouping of homes eligible as a historic district as it is an area which contains one or more historic resources of a special character or historical value as it represents an architectural period or style typical to the history of the City and in a geographically definable area possessing a concentration of buildings linked historically (Criteria A, B, and E). 21 ENVIRONMENTAL REVIEW The Design and Development Department has determined that this project is exempt from California Environmental Quality Act review pursuant to section 15301, Class 1 Existing Facilities, as this project includes no expansion of the use. Prepared by: Sijifredo Fernandez, Associate Planner Approved by: Danny Castro, Design and Development Director Attachments: 1. Vicinity Map 2. Project Information 3. Criteria for Approval 4. Landmark Designation Request Letter 5. Historic Resource Survey 22 PLANNING COMMISSION RESOLUTION 2024 - XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A LANDMARK DESIGNATION FOR 51407 AVENIDA VELASCO, LOCATED WEST OF AVENIDA VELASCO BETWEEN AVENIDA MONTEZUMA AND CALLE HIDALGO CASE NUMBER: LANDMARK DESIGNATION 2024-0001 PROJECT: 51407 AVENIDA VELASCO LANDMARK DESIGNATION APPLICANT: MICHAEL CHANCO AND MICHAEL PAGANELLI WHEREAS, the Planning Commission of the City of La Quinta, California, did, on November 12, 2024, hold a duly noticed Public Hearing to consider a request by Michael Chanco and Michael Paganelli for approval of a Landmark Designation for a single-family home located at 51407 Avenida Velasco, more particularly described as: APN: 773-085-021 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on November 1, 2024, as prescribed by the Municipal Code; 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 criteria prescribed by the Municipal Code 7.06.020 to justify approval of said Landmark Designation: 1. The property meets Criterion C and embodies distinctive characteristics of a style, type, period, or method of construction, is a valuable example of the use of Indigenous materials or craftsmanship, and is representative of the first subdivision of the Cove by E. S. 'Harry' Kiener who formed the Palm Springs – La Quinta Development Company. Although there have been additions to the residence, these additions are consistent with the Spanish Revival architectural style, and the integrity of the original features and building elements are intact and preserved. Distinctive physical characteristics and features: Spanish Colonial Revival style architecture Original “L” shape portion The front door in the original “Z” style The latch and window of the front door Gable roof with exposed beams Original Entry Bell 23 PLANNING COMMISSION RESOLUTION 2024-XXX LANDMARK DESIGNATION 2024-0001 PROJECT: 51407 AVENIDA VELASCO LANDMARK DESIGNATION ADOPTED: PAGE 2 OF 2 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 criteria of the Planning Commission in this case. SECTION 2. That the above project is exempt from California Environmental Quality Act review pursuant to section 15301, Class 1 Existing Facilities, as this project includes no expansion of the use. SECTION 3. That it does hereby recommend that the City Council approve Landmark Designation 2024-0001 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on November 12, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DOUG HASSETT, Chairperson City of La Quinta, California ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California 24 Vicinity Map LD2024-0001 51401 Avenida Velasco 25 ATTACHMENT 1 ATTACHMENT 2 PROJECT INFORMATION CASE NUMBER: LANDMARK DESIGNATION 2024-0001 REQUEST: CONSIDER A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF A LANDMARK DESIGNATION 2024-0001 FOR 51407 AVENIDA VELASCO LOCATION: 51407 AVENIDA VELASCO CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW PURSUANT TO SECTION 15301, CLASS 1 EXISTING FACILITIES, AS THIS PROJECT INCLUDES NO EXPANSION OF THE USE. GENERAL PLAN DESIGNATION: MEDIUM AND HIGH-DENSITY RESIDENTIAL ZONING DESIGNATION: COVE RESIDENTIAL SURROUNDING ZONING/ LAND USES: NORTH: COVE RESIDENTIAL/ EXISTING SINGLE-FAMILY HOME SOUTH: COVE RESIDENTIAL/ EXISTING SINGLE-FAMILY HOME EAST: COVE RESIDENTIAL/ EXISTING SINGLE-FAMILY HOME WEST: COVE RESIDENTIAL/ EXISTING SINGLE-FAMILY HOME 26 ATTACHMENT 3 CRITERIA FOR HISTORIC RESOURCES Landmark Designation 2024-0001 1.The property meets Criterion C and embodies distinctive characteristics of a style, type, period, or method of construction, is a valuable example of the use of Indigenous materials or craftsmanship, and is representative of the first subdivision of the Cove by E. S. 'Harry' Kiener who formed the Palm Springs – La Quinta Development Company. Although there have been additions to the residence, these additions are consistent with the Spanish Revival architectural style, and the integrity of the original features and building elements are intact and preserved. Distinctive physical characteristics and features: Spanish Colonial Revival style architecture Original “L” shape portion The front door in the original “Z” style The latch and window of the front door Gable roof with exposed beams Original Entry Bell 27 The Desert Club Casita Landmark Designation Application 51407 Avenida Velasco La Quinta, CA 92253 Page 1 of 6 Name and Address of Property Owner and Assessor’s Parcel Number: •Property Owners: Michael Chanco and Michael Paganelli •Assessor's Parcel Number: 773-085-021 •Address of Site: 51407 Avenida Velasco La Quinta, CA 92253 Description of the proposed landmark, including special aesthetic, cultural, architectural or engineering interest or value of a historic nature, including information about the architecture, notable features, construction and other information indicating the historical significance of the site: "The 51407 Avenida Velasco residence was constructed in 1935 in the La Quinta Cove neighborhood... in the Spanish Colonial Revival style. The home was constructed with an "L" shaped plan, clad in stucco with a gable roof clad in red tiles with exposed beams... [and] a stucco clad chimney... This property appears to individually embody the distinctive characteristics of a Spanish Colonial Revival style “casita” bungalow built in the Cove during the 1930s (1)." The residence also retains its original "Z" style front door with the original latch and window. The original bell is located outside the entry gate and the primary bathroom appears to have original tile work. "E. S. 'Harry' Kiener, of the Big Bear Land and Water Company created the casita development called Santa Carmelita de Vale. Harry’s plan was to develop the cove area to complement his summer hunting and fishing resort in the mountains near Big Bear. Guests or owners of each area would have reciprocal privileges to enjoy the winter months in the warm desert and the summer months in the cool San Bernardino Mountains at the Peter Pan Woodlands Club. Kiener formed the Palm Springs-La Quinta Development Company and began subdividing the cove into a grid of small vacation home lots. Between 1935 and 1941, 63 "casitas" were built. Clients could purchase or rent these small bungalows... They were Spanish Colonial Revival style with low, red tiled roofs similar to “casitas” at the La Quinta Hotel. In 1935, the 50-by-100 lots sold for $195 and the homes for $2500. The homes were completely furnished including linens. They were deliberately spread out to allow enjoyment of the surrounding desert. (2)." Due to the scarcity of building materials prior to World War II, development was stalled and only four homes were built in 1935 (3). Since this casita was built in 1935, it was one of the very first casitas in the cove. Celebrities and people of note were documented coming to The Desert Club such as "Greer Garson, Irene Dunne, Rhonda Fleming, Virginia Mayo, William DuPont Jr., Rita Hayworth... Kirk Douglas... [and] General George S. Patton (2)." It is then ATTACHMENT 4 28 The Desert Club Casita Landmark Designation Application 51407 Avenida Velasco La Quinta, CA 92253 Page 2 of 6 possible/probable that they also may have stayed in the casitas associated with The Desert Club. There is even an aerial picture of the casita on the History of La Quinta City Website (see below) (4). The home was featured in Maggie Gordon's book on the Historic Casitas of La Quinta, soon to be republished (5). Sketches, Photographs or Drawings: •Image from The Historical Casitas of La Quinta by Maggie Gordon (5). •Arched Shower and Hand-Painted Tile Work 29 The Desert Club Casita Landmark Designation Application 51407 Avenida Velasco La Quinta, CA 92253 Page 3 of 6 • • •The historic photos are from the La Quinta Historical Society Reference Library Collection catalog number 0000.227.402) (6). •Original Bell 30 The Desert Club Casita Landmark Designation Application 51407 Avenida Velasco La Quinta, CA 92253 Page 4 of 6 • Original “Z” Style Door w/Original Latch and Window 31 The Desert Club Casita Landmark Designation Application 51407 Avenida Velasco La Quinta, CA 92253 Page 5 of 6 Statement of Condition of the Improvement: N/A Explanation of any known threats to the improvement of the site: We would like to preserve the history of the casita from demolition or development in the future. Site Plan: •Garage (No 101915) November 12, 1963 •Add Bath (No 113148) April 06, 1964 •“Garage Conversion & Patios” Code Compliance Inspection shows the addition was built in 1978 or earlier (No 321176, 322299, 326718 & 326758) January to April 1978 •HVAC (No 0681) April 30, 1984 •6-foot-high block wall (No 001960) Dec 23, 1985 •Pool and Spa (No 9453) May 29, 1991 •HVAC (No 0105-265) April 30, 2001 •Reroof (No 0105-235) May 21, 2001 32 The Desert Club Casita Landmark Designation Application 51407 Avenida Velasco La Quinta, CA 92253 Page 6 of 6 Legal Description of the Property: THE LAND REFERRED TO IS SITUATED IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 9 AND 10 BLOCK 64 OF SANTA CARMELITA AT VALE LA QUINTA UNIT 6, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 18, PAGE(S) 67 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Photographs, Old and Recent: See above Proposed Use: Private Residence Existing Zoning: RC Bibliography and References: 1. https://www.laquintaca.gov/home/showpublisheddocument/49472/638373697510070000 2. https://www.desertsun.com/story/life/2017/03/02/la-quinta-desert-club-gone-but-not- forgotten/98641838/ 3. https://www.laquintaca.gov/home/showpublisheddocument/48755/638373717730870000 4. https://www.laquintaca.gov/about-us/history-of-la-quinta 5. Gordon, M. (2007). Historical Casitas of La Quinta Cove. Infinity Pub. 6. https://laquintahistoricalsociety.catalogaccess.com/library/2237 Chain of Title, if available: Date Document # 05-24-2024 2024-0151745 08-02-2018 2018-0311365 06-30-2008 2008-0355742 07-07-1989 1989-226335 05-04-1987 1987-123269 33 DPR 523L (09/2013) Identifier: 773085021 Date Constructed: 1935 UTM Zone: 11S, 564036 mE; 3726307 mN Neighborhood: The Cove Tract: Santa Carmelita Unit No 6; Recorded August 31, 1934, MB 18/67 Owner and Address: Yangzom Brauen, Hadi J Salem; 51407 Avenida Velasco, La Quinta CA 92253 Updated Description: The 51407 Avenida Velasco residence was constructed in 1935 in the La Quinta Cove neighborhood. The single family residence was constructed in the Spanish Colonial Revival style. The home was constructed with an "L" shaped plan, clad in stucco with a gable roof clad in red tiles with exposed beams. The residence has a stucco clad chimney. During the previous 1997 survey, the residence was surrounded by a high privacy wall and thus, was not well documented. In 2022, the subject property is similarly surrounded by a large privacy wall. Based on what is visible, there does not appear to have been any substantial alterations to the property since the previous survey. The gable roof clad in red tiles with exposed beams and the stucco clad chimney are visible and extant. Updated Significance: This dwelling is a contributor to the La Quinta Cove Thematic Historic District which is considered eligible under Local Criterion B (events) for its association with the Residential Development theme. The Cove district is also considered eligible under Local Register Criterion A (special element) as the first residential subdivision within the boundaries of the city constructed with Spanish Revival style homes and eligible under Local Register Criterion E as a geographically definable area possessing a concentration of buildings, structures, and improvements linked historically. Pending additional in-person evaluation, the dwelling may retain a sufficient level of integrity from the 1935 to 1950 period of significance for individual designation. The district is not formally designated, and the property is assigned a 5B status code: Locally significant both individually (listed, eligible, or appears eligible) and as contributor to a multi-component resource like a district that is locally listed, designated, determined eligible, or appears eligible through survey evaluation. The dwelling has not been found individually eligible under NRHP/CRHR/Local Criterion A/1/B, as it has not been associated with significant events or patterns of events in local, regional, state, or national history; not individually eligible under Criterion B/2/B, as it has not been identified as having an association with an important person; and not individually eligible under Criterion D/4/D, as further study of the dwelling would not appear to yield information which could be considered important in local, regional, state, or national history. Additionally, the property was not found to be individually eligible under Local Register Criterion A, as it was not found to exemplify a special element of the City of La Quinta. This property appears to individually embody the distinctive characteristics of a Spanish Colonial Revival style “casita” bungalow built in the Cove during the 1930s and, pending additional in-person observation, may be considered individually significant under Local Criterion C for embodying the distinctive characteristics of a type, period, or method of construction. Due to limited visibility during the current survey, the integrity of the dwelling could not be determined. State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary#: HRI #: None Trinomial: N/A CRHR Status Code: 5B Other Listings: Urbana Survey No. 068 ý Update Resource Name: 51407 Avenida Velasco Page 1 of 3 ATTACHMENT 5 34 DPR 523L (09/2013) 51407 Avenida Velasco_1: View west of the east elevation. 51407 Avenida Velasco_2: View southwest of the east elevation. State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary#: HRI #: None Trinomial: N/A CRHR Status Code: 5B Urbana Survey No: 068ResourceName: 51407 Avenida Velasco Page 2 of 3 35 DPR 523J (09/2013) *Required Information Map Name: La Quinta *Scale: 1:24,000 *Map Date: 2021 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION LOCATION MAP Primary#: HRI #: None Trinomial: N/A CRHR Status Code: 5B Other Listings: Urbana Survey No. 068ResourceName: 51407 Avenida Velasco Page 3 of 3 51407 Avenida Velasco 36 State of California -- The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Primary # FIRE # Trinomial NRHP Status Code 5 Q f L. Review Code Reviewer Date Page 1 of 1 Resource Name or #: 773085021 P1. Other Identifier: P2. Location: Not for Publication Unrestricted a. County Riverside b. USGS 7.5' Quad La Ouinta Date 1980 T 06S ; R 06E, NW1 /4 of SE1 /4 of Sec 1c. Address 51-407 Avenida Velasco _ cit ; B M y _ La Ouinta zip 92253d. UTM: (Give more than one for large and/or linear feature) Zone mE/ mNe. Other Locational Data: (e. g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate) P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This 1935 Spanish Colonial Revival Cove house is obscured by vegetation and a high concrete block wall which surrounds the property. "L" shaped in plan, the stucco -sheathed house features multi-level shed roofscladinshinglesorclaytiles. P3b. Resources Attributes: (List attributes and codes) HP2. Sirs le Famil Pro ert P4. Resources Present: ® Building Structure Object Site District Element of District Other (Isolates, etc.) IP5b. Description of Photo: (View, date, etc.) k P6. Date Constructed/Age and Sources: Prehistoric M Historic Both P7. Owner and Address: Roberta Staubli P.0.B.-9124 Palm Springs, CA 92263 P --Private P8. Recorded by:(Name, affiliation, address) Vicki Stei eme er/Pam O'Connor Mellon and Associates Riverside CA P9. Date Recorded: 10/06/1997 P10. Survey Type: (Describe) C --Com renensive Surve P11. Report Citation: (Cite survey report/other sources or "none") City of La Quinta Historic Context Statement 1996 Attachments: M NONE Location Map Sketch Map Continuation Sheet Building, Structure and Object RecordArchaeologicalRecord District Record Linear Feature Record Milling Station Record Rock Art Record Artifact RecordPhotographRecord Other: (List) DPR 523A (1/95) Required information 37 y A i rY fll oilJ y r f y s 38 v pin 1 j" i i LI k. `.\_ i INN; I i LI k. `.\_ i 39 PUBLIC HEARING ITEM NO. 2 City of La Quinta PLANNING COMMISSION MEETING: November 12, 2024 STAFF REPORT AGENDA TITLE: CONSIDER A REQUEST FOR CONTINUANCE OF THE PUBLIC HEARING FOR CONDITIONAL USE PERMIT 2024-0001 FOR THE CONSTRUCTION OF A WIRELESS TELECOMMUNICATION FACILITY (MONOPALM); CEQA: THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES; LOCATION: WEST SIDE OF MANDARINA BETWEEN POMELO AND SANDIA, WITHIN CITRUS GOLF CLUB RECOMMENDATION Consider the applicant’s request for continuance of the public hearing Conditional Use Permit 2024-0001 (CUP2024-0001) to give the applicant and the Citrus Golf Club Homeowner’s Association time to conduct community outreach. EXECUTIVE SUMMARY Smartlink, on behalf of AT&T, requests approval of a 70-foot monopalm wireless telecommunication facility located within the Citrus Golf Club on the west side of Mandarina between Pomelo and Sandia (Attachments 1 and 2). Findings related to consistency with the General Plan, Zoning, CEQA, and surrounding uses are required to be made by the Planning Commission (Attachment 3). The applicant has submitted a request to continue the public hearing to January 14, 2025, to allow time to conduct community outreach (Attachment 4). BACKGROUND/ANALYSIS The applicant proposes the construction of a 70-foot monopalm and associated equipment constructed within a 300 square-foot equipment shelter. The equipment shelter is designed to be architecturally compatible with the existing Citrus Golf Clubhouse. The monopalm will include multiple panel antennas and microwave antennas. The proposed antennae will propagate AT&T wireless coverage into areas not sufficiently covered, as shown in the coverage maps provided in Attachment 5. The area is currently turf. Six new Date Palm trees, each 35 feet in height, will be planted in line with the monopalm tower. As shown in Attachment 6 and in the photo simulations in Attachment 7, the proposed tree plantings, along with the synthetic palm fronds should reduce the visual impact of the new telecommunications equipment tower. 40 The proposed 300 square-foot equipment enclosure shelter includes walls painted and textured to match the existing clubhouse. The equipment shelter includes a pitched roof with clay tiles to match the clubhouse. In addition to an emergency generator, the equipment shelter houses additional telecommunications and air conditioning equipment. Prior to the scheduled hearing but after the hearing notice had been sent, the applicant submitted a request to continue the public hearing to January 14, 2025, to allow time to conduct community outreach. AGENCY AND PUBLIC REVIEW Public Agency Review This request was sent to all applicable City departments. All applicable comments have been adequately addressed and/or incorporated in the recommended Conditions of Approval. Public Notice The public hearing notice was advertised in The Desert Sun newspaper on November 1, 2024, and was sent to property owners and occupants within a 500-foot radius of the project site. Two public comment is included as Attachment 8. ENVIRONMENTAL REVIEW The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15303 (Class 3) of the California Environmental Quality Act for new construction or conversion of small structures since the monopalm and associated ground-mounted equipment are contained within a small footprint. Prepared by: Scott Nespor, Senior Planner Approved by: Danny Castro, Design and Development Director Attachments: 1. Project Information 2. Vicinity Map 3. CUP Findings 4. Continuance Request Letter 5. Coverage Maps/Justification 6. Plan Set 7. Photo Simulations 8. Public Comment 41 PLANNING COMMISSION RESOLUTION 2024 - XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A MONOPALM WIRELESS TELECOMMUNICATION FACILITY LOCATED ON THE WEST SIDE OF MANDARINA BETWEEN POMELO AND SANDIA AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES CASE NUMBER: CONDITIONAL USE PERMIT 2024-0001 PROJECT: CITRUS CLUB MONOPALM APPLICANT: SMARTLINK/AT&T WHEREAS, the Planning Commission of the City of La Quinta, California, did, on November 12, 2024, hold a duly noticed Public Hearing to consider a request by Smartlink, on behalf of AT&T, for approval of a wireless telecommunication monopalm tower and mechanical equipment, generally located on the west side of Mandarina between Pomelo and Sandia, more particularly described as: APN: 776-200-018 50519 Mandarina WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on November 1, 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 9.170.090 of the Municipal Code to justify approval of said Conditional Use Permit: 1. Consistency with General Plan The design of the proposed wireless facility is consistent with the La Quinta General Plan, insofar as the applicant has demonstrated the need for the facility, which supports the General Plan’s policies that utilities and communication facilities be available, adequate, and convenient for all residents. The monopalm is located on a parcel designated Low Density Residential. The facility complies with General Plan policies for compatibility 42 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONAL USE PERMIT 2024-0001 APPLICANT: SMARTLINK/ATT ADOPTED: PAGE 2 OF 3 with surrounding residential development as the facility is disguised as a monopalm located within the clubhouse parking lot landscape area. 2. Public Welfare The proposed wireless facility will not create conditions materially detrimental to public health, safety, and general welfare. The facility will provide service in an area of the City that needs additional coverage, and the equipment and facilities will be screened or within enclosed structures and provide separation from other uses. The wireless facility is required to comply with the American National Standard Institute (ANSI) standards for professionally acceptable radio frequency emissions to ensure the antennae will not interfere with the surrounding land uses. 3. Visual Impacts The project implements the City’s required “stealth” standards and proposes antennas that will be screened from view. The antennas will be painted green and screened by surrounding synthetic palm fronds. The location adjacent to a parking lot, along with the planting of six 35-foot-tall Date Palms Trees, will also help reduce visual impacts. The equipment enclosure has been designed to be compatible with the Citrus Golf Clubhouse by using a stucco finish and clay roof tiles that match the facility. 4. Tower Design The tower is designed at the minimum height required to provide service and will be screened by synthetic palm fronds. The additional palm trees will help camouflage the monopalm. 5. Justification The proposed wireless telecommunication facility is necessary, as shown in the applicant’s radio-frequency maps and justification, to continue and improve community access to wireless service from the project site. Therefore, this facility is necessary to improve community access to wireless services. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the Planning Commission to be exempt from CEQA pursuant to Section 15303 of the CEQA Guidelines for new 43 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONAL USE PERMIT 2024-0001 APPLICANT: SMARTLINK/ATT ADOPTED: PAGE 3 OF 3 construction or conversion of small structures since the monopalm and associated ground-mounted equipment contain a small footprint. SECTION 3. That it does hereby approve Conditional Use Permit 2024-0001, 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 November 12, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ DOUG HASSETT, Chairperson City of La Quinta, California ATTEST: _________________________________________ DANNY CASTRO, Design and Development Director City of La Quinta, California 44 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2024-0001 APPLICANT: SMARTLINK/AT&T ADOPTED: PAGE 1 OF 6 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (“City”), its agents, officers, and employees from any claim, action, or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. 2. This Conditional Use Permit shall comply with the requirements and standards of Section 9.170 and Section 9.210.020 of the La Quinta Municipal Code (“LQMC”). The City of La Quinta’s Municipal Code can be accessed on the City’s website at www.laquintaca.gov. 3. This Conditional Use Permit shall expire on November 12, 2026, and shall become null and void in accordance with Municipal Code Section 9.200.080 unless the use has been established. 4. Any expansion or substantial modifications to the approved plan shall require an amendment of this Conditional Use Permit. Minor modifications to this Conditional Use Permit shall be considered by the Design and Development Director and may require notification of surrounding property owners prior to such approval. All other amendments shall be processed in accordance with LQMC 9.170.070. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County Fire Marshal La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Development Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form – Whitewater River Region, Improvement Permit) La Quinta Building and Safety Division for Building Permits La Quinta Planning Division Riverside Co. Environmental Health Department Riverside County Agricultural Commission 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 45 EXHIBIT A PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2024-0001 APPLICANT: SMARTLINK/AT&T ADOPTED: PAGE 2 OF 6 SunLine Transit Agency South Coast Air Quality Management District Coachella Valley Federal Communication Commission Federal Aviation Administration The applicant is responsible for all requirements for the permits and/or clearances from the above-listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 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. 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. 8. 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). 9. The submitted preliminary plans appear to propose no or minimal grading and may not require a grading permit (see exceptions in Municipal Code Section 8.80.040). If a grading permit is required, a precise grading plan prepared by a Civil Engineer registered in California and a Soils Report prepared by a professional registered in California must be approved by the City Engineer prior to the commencement of grading. 46 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2024-0001 APPLICANT: SMARTLINK/AT&T ADOPTED: PAGE 3 OF 6 Other engineered improvement plans prepared for City approval that are not listed shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. “On-Site Precise Grading” plans shall normally include all on-site surface improvements, including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements, and accessibility requirements. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Division. PRECISE GRADING 10. If a grading permit is required, the applicant shall comply with the provisions of LQMC Section 8.80 (Grading). 11. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical (“soils”) report prepared by a qualified engineer, All grading shall conform to the recommendations contained in the Preliminary Soils Report and shall be certified as being adequate by a soils engineer or by an engineering geologist. The applicant shall furnish security in a form acceptable to the City and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. UTILITIES 12. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 13. The applicant shall obtain an encroachment permit and the approval of the City Engineer for the location of all utility lines and structures within the City’s right-of-way. 14. Underground utilities shall be installed prior to overlaying the hardscape. For the installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. 47 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2024-0001 APPLICANT: SMARTLINK/AT&T ADOPTED: PAGE 4 OF 6 BUILDING 15. A permit is required for the erection of the tower structure and other site facilities, engineered calculations shall be provided for each item, including designs for equipment and generator anchorage, and any proposed enclosure fencing – Separate permits may be required. Plans shall be prepared according to the applicable code at the time of submittal for a building permit. Currently the 2022 California Building Codes. 16. Based on the proposed construction, a new site address has been assigned, please use 50519 MANDARINA for all related site/location requirements. MAINTENANCE 17. The applicant shall protect existing hardscape along the proposed construction area to include but not be limited to garden walls, landscaping, irrigation systems, curb and gutter, sidewalk and pavement, and existing building structures. Restoration to any damaged hardscape shall be to the satisfaction of the City. Any disturbed areas, including landscaping, shall be replaced in-kind. FEES AND DEPOSITS 18. 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 an application for plan checks and permits. PLANNING 19. The proposed telecommunication facility shall comply with all federal and state statutes, including, but not limited to, FCC licensing, NIER levels, and FAA requirements. No wireless telecommunication facility or combination of facilities shall produce, at any time, power densities that exceed current FCC-adopted standards for human exposure to RF (Radio Frequency Radiation Exposure Standards) fields. Failure to comply with FCC Standards will result in the immediate cessation of operation of the wireless telecommunication facility. 20. All wireless telecommunication facilities shall be installed and maintained in compliance with the requirements of the Uniform Building Code, National Electrical Code, the City’s noise ordinance, and other applicable codes, as well as other restrictions specified in the permit and the La Quinta Municipal Code. The facility operator and the property owner shall be responsible for maintaining the facility in good condition, which shall include, but not be limited to, regular cleaning, painting, 48 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2024-0001 APPLICANT: SMARTLINK/AT&T ADOPTED: PAGE 5 OF 6 and general upkeep and maintenance of the site consistent with the facility’s original approval. 21. The panel antennas shall be mounted securely to the monopalm tower. 22. The proposed monopalm shall be approved at a height of 70 feet. 23. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. Antenna panels and all mounted equipment shall be painted the same color as the synthetic foliage to camouflage their appearance. Synthetic palm fronds are required to screen all antennas. The palm fronds shall extend beyond the antenna panels, and the finished product shall have a natural appearance. This includes palm frond density, distance of palm fronds beyond the antennas, and other screening standards. 24. Six Date Palm Trees, each 35 feet in height, shall be planted near the monopalm tower to help reduce visual impacts. The landscape plans shall be required to be submitted to the Riverside County Agricultural Commission (RCAC) for approval of the Date Palm planting. A letter from the RCAC stating this approval shall be provided to the Planning Division prior to approval of Final Landscape Plans. 25. The applicant shall negotiate in good faith for shared use by third parties; an owner generally will negotiate in the order in which requests for information are received, except an owner generally will negotiate with a party who has received an FCC license or permit before doing so with other parties. 26. AT&T, or successor, shall have a continuing obligation to respond to and resolve any and all complaints associated with any potential interference with frequencies related to residential and/or life safety communications and operations. A response shall be within 48 hours of receipt of notice of any such complaints. 27. AT&T, or successor, shall provide the Planning Division with the name and contact information of the maintenance representative, who shall be available 24 hours a day, seven days a week, to receive calls regarding facility maintenance. A response shall be within 48 hours on weekdays and within 72 hours on weekends/holidays of receipt of such notice of complaints. 28. The placement of the monopalm shall not interfere with the existing infrastructure and improvements at this location. The pole shall not be placed on a public path of travel. 29. The wireless telecommunication facility operators are required to notify the City of La Quinta’s Planning Division within sixty (60) days of any change of ownership of the facility. 49 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2024-0001 APPLICANT: SMARTLINK/AT&T ADOPTED: PAGE 6 OF 6 30. The entire facility shall be maintained in a condition consistent with the conditions of this approval, and if the facility is not so maintained, this approval is subject to revocation, or other correcting actions as determined appropriate by the City. 31. No cables, conduit, or other equipment on the monopalm tower pole shall be visible. All electrical work for the proposed antennas shall be contained within the monopalm tower cavity. FIRE 32.Flammable and Combustible Liquids: Construction permit shall be obtained from the Office of the Fire Marshal for installing a flammable and combustible liquid fuel tank. The permit application shall consist of documents, including but not limited to a diagram of the area where the tank is to be installed, tank capacity, fuel type, tank construction, and design standard, details of tank venting, informational signs, and placards. A. NO SMOKING sign shall be posted at the location of the tank. CFC 5704.2.3.1 B. A fire extinguisher with a minimum 40BC rating shall be provided in the immediate area of the tank and other areas of the equipment enclosure. CFC 906 33. Energy Storage Systems: Construction permit shall be obtained from the Office of the Fire Marshal for energy storage system (ESS) installations. The permit application shall consist of documents including but not limited to a diagram of the room where the ESS is to be installed, quantities and types of ESS to be installed, manufacture specifications of each ESS, location of required signage, etc. Additional requirements may be required depending on the proposed system. Reference California Fire Code 1207.1.3 50 ATTACHMENT 1 PROJECT INFORMATION CASE NUMBER: CONDITIONAL USE PERMIT 2024-0001 APPLICANT: SMARTLINK / AT&T PROPERTY OWNER: CITY OF LA QUINTA REQUEST: CONSIDER A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 70-FOOT-HIGH TELECOMMUNICATION FACILITY (MONOPALM) WITH ASSOCIATED EQUIPMENT WITHIN CITRUS GOLF CLUB LOCATION: WEST SIDE OF MANDARINA BETWEEN POMELO AND SANDIA GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL ZONING DESIGNATION: LOW DENSITY RESIDENTIAL SURROUNDING ZONING/LAND USES: NORTH: LOW DENSITY RESIDENTIAL/ CITRUS GOLF CLUB RESIDENTIAL NEIGHBORHOOD SOUTH: LOW DENSITY RESIDENTIAL/ CITRUS GOLF CLUB RESIDENTIAL NEIGHBORHOOD EAST: LOW DENSITY RESIDENTIAL/ CITRUS GOLF CLUB RESIDENTIAL NEIGHBORHOOD WEST: GOLF COURSE / GOLF COURSE 51 POMELO AVENUE 50 JEFFERSON ST SITE N Vicinity Map CUP 2024-0001 Citrus Golf Club ATTACHMENT 2 52 ATTACHMENT 3 FINDINGS 1. Consistency with General Plan The design of the proposed wireless facility is consistent with the La Quinta General Plan, insofar as the applicant has demonstrated the need for the facility, which supports the General Plan’s policies that utilities and communication facilities be available, adequate, and convenient for all residents. The monopalm is located on a parcel designated Low Density Residential. The facility complies with General Plan policies for compatibility with surrounding residential development as the facility is disguised as a monopalm within the adjacent parking lot landscaping. 2. Public Welfare The proposed wireless facility will not create conditions materially detrimental to -public health, safety, and general welfare. The facility will provide service in an area of the City that needs additional coverage, and the equipment and facilities will be screened or within enclosed structures and provide separation from other uses. The wireless facility is required to comply with the American National Standard Institute (ANSI) standards for professionally acceptable radio frequency emissions to ensure the antennas will not interfere with the surrounding land uses. 3. Visual Impacts The project implements the City’s required “stealth” standards and proposes antennas that will be screened from view. The antennas will be painted green and screened by surrounding synthetic palm fronds. The location adjacent to a parking lot, along with the planting of six 35-foot-tall Date Palm trees, will also help reduce visual impacts. The equipment enclosure has been designed to be compatible with the Citrus Golf Clubhouse by using a stucco finish and clay roof tiles that match the facility. 4. Tower Design The tower is designed at the minimum height required to provide service and will be screened by synthetic palm fronds. The additional palm trees will help camouflage the monopalm. 5. Justification The proposed wireless telecommunication facility is necessary, as shown in the applicant’s radio-frequency maps and justification, to continue and improve community access to wireless service from the project site. Therefore, this facility is necessary to improve community access to wireless services. 53 On Behalf of AT&T 1452 Edinger Ave Tustin, CA 92780 November 7, 2024 City of La Quinta Attn: Scott Nespor / Senior Planner 78495 Calle Tampico La Quinta, CA 92253 RE: AT&T- CSL06361 CUP 2024-0001 -Citrus Golf Course 50-503 Mandarina. Dear Mr. Nespor, After further discussions we would like to continue the cell tower project from the November 12th Planning Commission hearing agenda. Citrus Golf Club representative Jennifer Jenkins and I feel that a little more time to meet with their members will allow for a better consensus. We are asking that the date be moved to the January 14th 2025 Planning Commission date. Please let me know if you need anything further at this time. Sincerely, Greg Macias Greg Macias Real Estate Manager on behalf of AT&T Wireless Gregory.macias@smartlinkgroup.com (760) 492-7493 ATTACHMENT 4 54 © 2023 AT&T Intellectual Property. AT&T and globe logo are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners AT&T Proprietary (Internal Use Only) -Not for use or disclosure outside the AT&T companies except under written agreement Site Justification Coverage Maps Market Name : Southern California Market Site ID : CSL06361 Site Address : 50-503 Mandarina, La Quinta, CA 92253 ATOLL Completion Date: March 12, 2024 ATTACHMENT 5 55 Assumptions ❖Propagation of the Site Coverage Plots are based on our current Atoll RF Design Tool that shows the preferred design of AT&T 4G-LTE Network Coverage. ❖The propagation referenced in this package is based on Existing and Proposed 4G-LTE Coverage of AT&T users in buildings, in vehicles, and outdoors. The threshold for reliable in-building coverage is based on a signal strength necessary to reliably and consistently make voice calls and use applications indoors, taking into consideration the built and natural environment. The threshold for reliable in-vehicle coverage is based on known signal attenuation from an outdoor signal to the inside of a vehicle. The threshold for reliable outdoor coverage is based on a signal strength necessary to reliably and consistently make voice calls and use applications outdoors taking into consideration the built and natural environment. ❖For your reference, the scale shown ranges from Reliable to Unreliable Coverage for AT&T users in buildings, in vehicles, and outdoors. ❖The Coverage Plots shown in the following slides are based on the following criteria: ➢Existing 4G-LTE Coverage Before the Proposed Site: Assuming all other existing neighboring sites are On -Air and the Proposed Site is Off-Air, the propagation is displayed with the legends provided. ➢Planned 4G-LTE Coverage With the Proposed Site: Assuming all other existing neighboring sites along with the Proposed Site are On-Air, the propagation is displayed with the legends provided. ➢Standalone 4G-LTE Coverage of the Proposed Site: Assuming all other existing neighboring sites are Off -Air and only the Proposed Site is On-Air, the propagation is displayed with the legends provided. 56 Proposed Site CSL06361 (Terrain Map) 57 Proposed Site CSL06361 (Road Map) 58 Existing 4G-LTE Coverage Before Proposed Site CSL06361 Coverage levels: 59 Planned 4G-LTE Coverage With Proposed Site CSL06361 On Air Coverage levels: 60 Standalone 4G-LTE Coverage Of Proposed Site CSL06361 Coverage levels: 61 Coverage Legend Reliable indoor, in-vehicle and outdoor coverage: In general, the areas shown in green should have the most coverage and the strongest signal strength and be sufficient for reliable in-building service and connection to the AT&T wireless network. However, in- building coverage can and will be adversely affected by the thickness/construction type of walls, and the user’s location in the building (i.e., in the basement, in the middle of the building with multiple walls, etc.) Unreliable indoor / Reliable in-vehicle and outdoor: The areas shown in yellow should have sufficient coverage and signal strength for reliable device usage in vehicles and outdoors but will not have adequate coverage or signal strength for reliable in -building usage. Unreliable indoor and in-vehicle / Reliable outdoor: The areas shown in purple should have sufficient coverage and signal strength for reliable device usage outdoors only and will not have adequate coverage or signal strength for reliable in-building or in-vehicle usage. 62 63 Page 1 of 6 On Behalf of Greg Macias Wireless Development Specialist 10 Church Circle Annapolis, MD 21401 760-492-7493 (C) Gregory.macias@smartlinkgrou p.com AT&T Project Number: CSL06361 AT&T Project Name: Citrus Golf Course City of La Quinta Conditional Use Permit Project Justification Letter / Alternative Site Analysis Project Location Address: 50-503 Mandarina, La Quinta, CA 92253 APN: 776-200-018 Zoning: R-L (Low Density Residential) Project Representative Greg Macias Smartlink, LLC 10 Church Circle Annapolis, MD 21401 760-492-7493 (C) Gregory.macias@smartlinkgroup.com Project Description AT&T proposes to build an unmanned wireless telecommunications facility consisting of a three (3) sector array with four (4) panel antennas per sector all disguised within a new 70-foot-high mono-palm tree tower designed to blend in with the surroundings. The faux palm tree will be designed to match the style of trees in the area. The faux tree is designed with a nearby CMU block wall and landscaping to provide screening and security. All associated equipment will be installed at ground level beside the tree in the same location. AT&T will work with the city and the community to install a state-of-the-art stealth structure that will improve communications services for the residents and visitors in the City of La Quinta. Detailed SOW is below: •Install (1) 70’ High Mono-palm. •Install (20) Panel antennas on mono-palm. •Install (48) RRUs mounted behind panel antennas (12 per sector). •Install (8) DC9 surge suppression units mounted near RRUs. •Install (24) DC power trunks routed underground and inside mono-palm. •Install (8) fiber trunks underground and inside mono-palm. •Install (1) Microwave antenna mounted on proposed Mono-palm. 64 Page 2 of 6 •25’x12’x12’ Equipment shelter (Stucco Finish) with pitched roof. Painted and textured to match the existing clubhouse. •Install (1) 30kw generator with 50-gallon tank inside EQ shelter. •Install (4) DC power plant inside EQ shelter. •Install (2) Equipment racks inside EQ shelter. •Install (1) Battery Rack inside EQ shelter. •Install (1) GPS antenna mounted on EQ shelter. •Install (2) AC Units and (1) Exhaust fan inside EQ shelter. •Install (2) Condensing units mounted outside EQ shelter. •Install (1) Telco box mounted outside EQ shelter. •Install (1) Electrical meter panel mounted outside EQ shelter. •Install (1) fiber-meet-me point pull box. •Install (3) live palm trees and landscaping around area. •Proposed shrubs ,trees, planter per plan. Project Objectives A wireless carrier requires the installation of a cell site within a specified area to close a “significant gap in coverage.” Other criteria for selecting sites include the following: •The radio signal must be of sufficient strength to achieve consistent, sustainable, and reliable service to customers at a level sufficient for outdoor, in-vehicle, and in-building penetration with good voice quality (Threshold, 15.85 db). •When nearby other sites become overloaded and more enhanced voice and data services are used (4G and other high-speed data services), signal contracts and a gap is created. With heavy use it is intensified due to the unique properties of digital radio transmissions. In this specific case, AT&T’s radio-frequency engineers (RF) have identified a significant gap in coverage in the vicinity of the Citrus Golf Course in the City of La Quinta. See enclosed radio-signal propagation maps and below map of the sites closest to the proposed location. 65 Page 3 of 6 Figure 1 Search Ring Map Alternative Site Analysis AT&T RF engineers provide a search ring / objective ring that consists of the gap-in-coverage that AT&T is looking to fill. This ring specifically for this area is filled with majority of single-family residents and of course AT&T is not in the business of installing wireless cell facilities in the backyard of people’s home. Additionally, no collocation was available within this search ring. Below is a list of other locations that were explored but deemed unfeasible: •SJS Tomorrow- Residential zone •Sun Cove- Residential zone •Starlight Dunes HOA- Residential zone •Family Heritage Church of The Valley-Medium high density residential Findings/Burden of Proof The site for the proposed use is adequate in size and shape. AT&T is proposing a faux palm tree design for this project which is considered a stealth design in accordance with the City of La Quinta. The requested height of the palm tree design is the minimum height needed in order to fill the significant gap in coverage for this project. AT&T uses the most advanced technology and design when constructing the tree so as to blend the facility with the surrounding community and landscaping and thereby minimizing the visual impact of the site. The proposed location has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. The project is proposed on the back side of parking lot area on a golf course and Country Club property. There are adequate access routes to the proposed facility. AT&T will 66 Page 4 of 6 install an access path to the proposed tower and equipment area location. All the roadways and access ways within the facility are in compliance with local, state and federal regulations concerning width and pavement. The proposed use will not have an adverse effect upon adjacent or abutting properties. The project is proposed within a Low-Density Residential area zone and will not have an adverse effect upon adjacent or abutting properties as it is a stealth design that will blend naturally with the subject property and the surrounding community. The project will provide a public benefit of better wireless telecommunications and data services to the surrounding neighborhoods and community. The proposed use is deemed essential and desirable to the public convenience or welfare. The new wireless telecommunications facility is in high demand to the residents and visitors of the Citrus Golf Course. Wireless communications are vastly used in this area and the need for this site was established entirely from increased usage of AT&T services in the vicinity of the requested project. GENERAL INFORMATION Site Selection Customer demand drives the need for new cell sites. Data relating to incomplete and dropped calls is gathered, drive-tests are conducted, and scientific modeling using sophisticated software is evaluated. Once the area requiring a new site is identified, a target ring on a map is provided to a real estate professional to begin a search for a suitable location. During an initial reconnaissance, properties selected for evaluation for installation of a cell site must be located in the general vicinity of the ring, possess an appropriate zoning designation, and appear to have enough space to accommodate an antenna structure and supporting radio equipment. The size of this space will vary depending on the objective of the site. The owners of each prospective location are notified to assess their interest in partnering with AT&T. Four key elements are considered in the selection process: •Leasing: The property must have an owner who is willing to enter into a long-term lease agreement under very specific terms and conditions. •Zoning: It must be suitably zoned in accordance with local land-use codes to allow for a successful permitting process. •Construction: Construction constraints and costs must be reasonable from a business perspective, and the proposed project must be capable of being constructed in accordance with local building codes and safety standards. •RF: It must be strategically located to be able to achieve the RF engineer’s objective to close the significant gap with antennas at a height to clear nearby obstructions. The Benefits to the Community Approximately 90-percent of American adults subscribe to cell phone service. People of all ages rely increasingly on their cell phones to talk, text, send media, and search the Internet for both personal and 67 Page 5 of 6 business reasons. More and more, they conduct these activities in their homes, therefore, becoming reliant on adequate service within residential neighborhoods. In fact, 50-percent of people who relocate are not signing up for landline service at their new location and are using their cell phone as their primary communication method. The installation and operation of the proposed facility will offer improved: • Communications for local, state, and federal emergency services providers (i.e., police, fire, paramedics, and other first-responders). • Personal safety and security for community members in an emergency, or when there is an urgent need to reach family members or friends. Safety is the primary reason parents provide cell phones to their children. Currently 25 percent of all preteens, ages 9 to 12, and 75 percent of all teens, aged 13 to 19, have cell phones. • Capability of local businesses to better serve their customers. • Opportunity for a city or county to attract businesses to their community for greater economic development. • Enhanced 911 Services (E911) – The FCC mandates that all cell sites have location capability. Effective site geometry within the overall network is needed to achieve accurate location information for mobile users through triangulation with active cell sites. (Over half of all 911 calls are made using mobile phones.) Safety – RF is Radio The FCC regulates RF emissions to ensure public safety. Standards have been set based on peer- reviewed scientific studies and recommendations from a variety of oversight organizations, including the National Council on Radiation Protection and Measurements (NCRP), American National Standards Institute (ANSI), Institute of Electrical and Electronics Engineers (IEEE), Environmental Protection Agency (EPA), Federal Drug Administration (FDA), Occupational Safety and Health Administration (OSHA), and National Institute for Occupational Safety and Health (NIOSH). Although the purview of the public safety of RF emissions by the FCC was established by the Telecommunications Act of 1996, these standards remain under constant scrutiny. All AT&T cell sites operate well below these standards, and the typical urban cell site operates hundreds or even thousands of times below the FCC’s limits for safe exposure. AT&T Company Information AT&T is one of the fastest growing nationwide service providers offering all digital voice, messaging and high-speed data services to nearly 30 million customers in the United States. AT&T is a “telephone corporation”, licensed by the Federal Communications Commission (FCC) to operate in the 872-1962 MHz and 827-1877 MHz frequencies, and a state-regulated Public Utility subject to the California Public Utilities Commission (CPUC). The CPUC has established that the term “telephone corporation” can be extended to wireless carriers, even though they transmit signals without the use of telephone lines. AT&T will operate this facility in full compliance with the regulations and licensing requirements of the FCC, Federal Aviation Administration (FAA) and the CPUC, as governed by the Telecommunications Act of 1996, and other applicable laws. 68 Page 6 of 6 The enclosed application is presented for your consideration. AT&T requests a favorable determination and approval of this Conditional Use Permit application to build the proposed facility. Please contact me at 760-492-7493 or Gregory.macias@smarlinkgroup.com for any questions or requests for additional information. Respectfully submitted, Greg Macias Greg Macias, Smartlink, LLC Authorized Agent for AT&T 69 PROJECT DESCRIPTIONSITE INFORMATIONPROJECT TEAMDRIVING DIRECTIONSLOCATION MAPSDRAWING INDEXLOCAL MAPVICINITY MAPCODE COMPLIANCESIGNATURE BLOCKDO NOT SCALEDRAWINGSKnow what'sbelow.Callbefore you dig.GENERAL NOTESACCESSIBILITY NOTESITE NUMBER: CSL0636150-503 MANDARINA, LA QUINTA, CA 92253PACE #: MRLOS052407, USID: 328770,PTN #: 3551A0JCAM, FA #: 11585745SITE NAME: CITRUS GOLF COURSET-1SITESITEATTACHMENT 670 LS-1VICINITY MAPAPN776-210-029P O M E L OM A N D A R I N AAPN776-200-018J E F F E R S O N S T .V I A M A R A V I L L AS A N D I ASEE LS2APN776-200-011APN776-200-001APN776-200-002APN776-200-003APN776-200-004APN776-200-005APN776-200-006APN776-210-001APN776-210-002APN776-210-003APN776-210-004APN776-210-005APN776-210-002APN776-200-015APN776-200-012APN776-210-028APNSITE ADDRESSTITLE REPORTSFLOODZONEBASIS OF BEARINGBENCHMARKLEGENDSMONUMENTSLEGAL DESCRIPTION SCHEDULE B (EXCEPTIONS)LEGAL DESCRIPTION SCHEDULE B (EXCEPTIONS)71 LEGENDSLS-2APN776-200-018MANDARINAP OM E L OAPN776-200-011APN776-200-001APN776-200-002APN776-200-003APN776-200-004APN776-200-005COORDINATES72 LS-312 FEET WIDE NON-EXCLUSIVE ACCESS ROUTE CENTERLINE DESCRIPTION:PROPOSED AT&T LEASE AREA DESCRIPTION:3 FEET WIDE UTILITY EASEMENT CENTERLINE DESCRIPTION (STRIP #1):3 FEET WIDE UTILITY EASEMENT CENTERLINE DESCRIPTION (STRIP #2):3 FEET WIDE UTILITY EASEMENT CENTERLINE DESCRIPTION (STRIP #3):3 FEET WIDE UTILITY EASEMENT CENTERLINE DESCRIPTION (STRIP #4):73 APN776-210-029P O M E L OM A N D A R I N AAPN776-200-018J E F F E R S O N S T .S A N D I AAPN776-200-011APN776-200-001APN776-200-002APN776-200-003APN776-200-004APN776-200-005APN776-200-006APN776-210-001APN776-210-002APN776-210-003APN776-210-004APN776-210-005APN776-210-002APN776-200-015SITE PLANA-111A-2SECTOR "B"AZ =225°SECTOR "A"AZ =120°SECTOR "D"AZ =45°SECTOR "C"AZ =315°74 A-2ENLARGED SITE PLAN1APN776-200-018MANDARINAP OM E L OAPN776-200-011APN776-200-001APN776-200-002APN776-200-003APN776-200-004APN776-200-005SECTOR "A"AZ =120°SECTOR "B"AZ =225°SECTOR "C"AZ =315°SECTOR "D"AZ =45°1A-5.11A-42A-5.12A-4.11A-32A-31L-11A-51A-4.12A-52A-475 A-3EQUIPMENT LAYOUT21ANTENNA PLANSECTOR "A"AZ =120°SECTOR "B"AZ =225°SECTOR "C"AZ =315°SECTOR "D"AZ =45°1L-11L-1PROPOSED ANTENNA SCHEDULE [RFDS REV 3.00 DATED 03/21/2024] 76 A-42PROPOSED NORTHEAST ELEVATIONPROPOSED SOUTHWEST ELEVATION11L-11L-11L-11L-11L-11L-177 A-4.12PROPOSED NORTHEAST ELEVATIONPROPOSED SOUTHWEST ELEVATION11L-11L-11L-11L-11L-11L-178 A-52PROPOSED NORTHWEST ELEVATIONPROPOSED SOUTHEAST ELEVATION11L-11L-11L-11L-11L-11L-179 A-5.12PROPOSED NORTHWEST ELEVATIONPROPOSED SOUTHEAST ELEVATION11L-11L-11L-11L-11L-11L-180 APN776-210-029POMELOMANDARINASANDIAAPN776-200-015SITE PLANL-111MANDARINASECTOR "C"AZ =315°SECTOR "D"AZ =45°10 CHURCH CIRCLEANNAPOLIS, MD 21401TEL: (949) 387-1265FAX: (949) 387-1275PLANTING PLAN81 L-210 CHURCH CIRCLEANNAPOLIS, MD 21401TEL: (949) 387-1265FAX: (949) 387-127582 IRRIGATION LEGEND AND NOTESL-31MANDARINA10 CHURCH CIRCLEANNAPOLIS, MD 21401TEL: (949) 387-1265FAX: (949) 387-1275IRRIGATION PLAN283 L-410 CHURCH CIRCLEANNAPOLIS, MD 21401TEL: (949) 387-1265FAX: (949) 387-127584 L-510 CHURCH CIRCLEANNAPOLIS, MD 21401TEL: (949) 387-1265FAX: (949) 387-127585 50-503 Mandarina La Quinta CA 92253 CSL06361 Citrus Golf Course Accuracy of photo simulation based upon information provided by project applicant. Looking southwest from PomeloProposed View 1 Existing proposed monopalm proposed live palm trees proposed live palm trees proposed equipment xxxxxxxxxxx ©2024 Google Maps ATTACHMENT 7 86 Accuracy of photo simulation based upon information provided by project applicant. Looking west from MandarinaProposed View 2 Existing proposed monopalm proposed live palm trees proposed live palm trees proposed equipment enclosureproposed equipment enclosure proposed landscapingproposed landscaping proposed equipment xxxxxxxxxxx 50-503 Mandarina La Quinta CA 92253 CSL06361 Citrus Golf Course ©2024 Google Maps 87 Accuracy of photo simulation based upon information provided by project applicant. Looking northeast from parking lotProposed View 3 Existing proposed monopalm proposed live palm trees proposed live palm trees proposed equipment xxxxxxxxxxx proposed equipment enclosureproposed equipment enclosure proposed landscapingproposed landscaping 50-503 Mandarina La Quinta CA 92253 CSL06361 Citrus Golf Course ©2024 Google Maps 88 PUBLIC COMMENT PUBLIC HEARING ITEM NO. 2 CITRUS MONOPALM ATTACHMENT 8 89 1 From:David Colman <davidcolman88@gmail.com> Sent:Friday, November 8, 2024 11:51 AM To:Planning WebMail Subject:Opposed to communication tower at Citrus Club ** 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. ** [Some people who received this message don't often get email from davidcolman88@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] I have received a notice that AT&T plans to construct a tall communication tower on the Citrus Club property close to the Palmilla community. This tower will be directly in the middle of my view of the mountains. The placement of this tower close to the Palmilla Community will destroy our beautiful views as well as emit radiation that may be detrimental to our health. Thus MY WIFE AND I STRONGLY OBJECT TO THE BUILDING AND PLACEMENTS OF THE COMMUNICATION TOWER ON THE CITRUS PROPERTY! PLEASE VOTE NO AND DO NOT ALLOW THIS TO BE BUILT. THANK YOU. DAVID AND DIANE COLMAN 50420 Via Amante La Quinta, CA 92253 90 From: Sharon Kelly <kelly.org7@verizon.net> Sent: Thursday, November 7, 2024 11:58 AM To: Planning WebMail Subject: 70 FOOT Telecommunication Monopalm with associated equipment Importance: High Follow Up Flag: Follow up Flag Status: Flagged ** EXTERNAL: This message originated outside of the City of La Qui nta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** We do not support the installation of the above equipment. It is too close to the homes on Sandia and Mandarina. We are not in favor of this monstrosity anywhere in the Citrus Country Club.This type of equipment invariably makes noise of some sort. It does not belong in a community such as ours. Put it somewhere on Jefferson. Sharon Kelly Thomas Kelly 79525 Mandarina La Quinta, CA 92253 Some people who received this message don't often get email from kelly.org7@verizon.net. Learn why this is important 91 1 From:Marsha Sullivan <shajabour@aol.com> Sent:Friday, November 8, 2024 12:29 PM To:Planning WebMail Subject:Opposition to request for Cell tower permit ** 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. ** [Some people who received this message don't often get email from shajabour@aol.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Dear LQ Planning Commission, I am a 20 year resident and homeowner in La Quinta. I currently live and own in Palmilla. I am opposed to the request for a permit for a cell tower on land on or near the Citrus Club, which borders Palmilla. I understand that this permit is being requested by parties that may include AT&T and SmartLink. I am opposed due to the potential obstruction of views of the mountains, and also the health effects which are unknown (i.e. emitting radio frequency radiation.) The placement of such a tower in a residential neighborhood could be unhealthy and unsightly. The placement of any commercial structure in a residential neighborhood should be denied. There are other commercial areas in La Quinta where this tower could be installed. I understand that this may be discussed at your meeting of the city Council on Tuesday, November 12 and I would like my opposition to be part of the record and shared with the city council members. Thank you Marsha Sullivan 79825 Via Sin Cuidado La Quinta, Ca 92253 760 399 7031 shajabour@aol.com Sent from my iPhone 92 1 From:James M. Thibault <jim.thibault@rogers.com> Sent:Thursday, November 7, 2024 3:32 PM To:Planning WebMail Subject:Conditional Use Permit 2024-0001 Attachments:Palmilla Telecommunications Tower.docx ** 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. ** [Some people who received this message don't often get email from jim.thibault@rogers.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Dear Sir or Madam: Please see the attached letter re Conditional Use Permit 2024-0001. Should you have any questions or require any additional information, we may be reached at 760-564- 1898 (landline) or 416-346-7866 (cell). Thank you. James & Jacquelyn Thibault 50405 Via Amante La Quinta, CA 93 Dear Sir or Madam: Re: Conditional Use Permit 2024-0001 We are writing to express in the strongest possible terms our complete opposition to the approval of the subject Conditional Use Permit. We have been residents of La Quinta since 2009. One of the primary reasons we purchased a home in La Quinta was the beautiful unobstructed views of the surrounding mountains and the spectacular sunsets. The site for this proposed 70’ high telecommunications facility is less than 100 yards from our residential home on Via Amante in the gated community of Palmilla. This 70’ tower would be placed directly in our sight line to the mountains and have an immense negative impact on both the continued enjoyment of our property, as well as reduce the resale value of our home. It is recognized that the proposed 70’ tower would be a “Monopalm.” Nevertheless, the telecommunications equipment attached to this monopalm will still be clearly visible to all residents in the area. The planting of additional trees adjacent to the 70’ tower would serve only to further obscure our views and make the situation even worse. Quite frankly, it is inconceivable that the City of La Quinta would even consider approving the installation of such a telecommunications tower in the middle of a residential area. Surely there are multiple other potential sites (vacant land, commercial properties, etc.) that would be far be more suitable locations for such a facility. The proposed site for this tower represents nothing more than a blatant money grab by the non-resident foreign owners of the Citrus golf course, who care absolutely nothing about its impact on local La Quinta residents. The very notion of installing a 70’ telecommunications tower right in the middle of a residential community is simply ludicrous. We strongly urge the City of La Quinta to summarily deny this application for a Conditional Use Permit. James & Jacquelyn Thibault 50405 Via Amante La Quinta, CA 94 1 From:Mel Williams <mel.williams@gmail.com> Sent:Friday, November 8, 2024 12:33 PM To:Planning WebMail Subject:Cell tower at citrus ** 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. ** [Some people who received this message don't often get email from mel.williams@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Our HOA at Palmilla has asked us to write a letter not supporting putting a cell tower adjacent to our community. I actually support this as our cell service is very poor. Hopefully it is one of those fake palm tree towers. Thanks, Mel Sent from my iPhone 95 PUBLIC HEARING ITEM NO. 3 City of La Quinta PLANNING COMMISSION MEETING: November 12, 2024 STAFF REPORT AGENDA TITLE: CONSIDER A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF A SITE DEVELOPMENT PERMIT 2024-0001 TO CONSTRUCT 14 SINGLE-FAMILY RESIDENTIAL UNITS AND A DEVELOPMENT AGREEMENT 2024- 0001 TO ESTABLISH THE RESPONSIBILITIES OF THE DEVELOPER FOR BRAVO ESTATES (TTM 31852); CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE PROJECT IS CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2003-495; LOCATION: NORTHWEST CORNER OF AVENUE 52 AND MADISON STREET RECOMMENDATION Consider a resolution to recommend City Council approve Site Development Permit (SDP) 2024-0001 and Development Agreement 2024-0001. EXECUTIVE SUMMARY Tract 31852 was approved by City Council on August 17, 2004, for 14 single-family residential units. The project site (Site) is located on the northwest corner of Avenue 52 and Madison Street (Attachment 1). The applicant proposes architecture and landscaping plans for approval under a Site Development Permit (SDP) and a Development Agreement (DA) to allow Short- Term Vacation Rental (STVR) of the residential units. In order to make a recommendation for approval of the project, the Planning Commission must: 1) Determine that this project is consistent with the Mitigated Negative Declaration prepared for Tentative Tract Map 31852 (Environmental Assessment 2003-495) for compliance with the requirements of the California Environmental Quality Act (CEQA). 2) Make findings and apply Conditions of Approval (COAs) in support of the SDP relating to architectural and site design and landscape design, and find the project consistent with the City’s zoning and General Plan. 3) Make findings and apply COAs in support of the DA (Attachment 2). 96 BACKGROUND/ANALYSIS The Bravo Estates development is comprised of 14 single-family residential units within Tract 31852. This tract was approved, and an MND was adopted for 14 units on August 17, 2004. The final tract map was approved and recorded in May 2006. The property is designated as Very Low Density Residential with an Equestrian Overlay (Attachment 3). The 8.4-acre site is currently vacant with a perimeter wall/construction fence and infrastructure improvements. During the course of the application review, a third party, Eagle Mountain Investors, LLC, contacted City staff, stating that it is the separate owner of the common areas in the Project—identified in the Tract Map for Tract 31852 as the “lettered lots.” The main street and landscape areas are included in these lettered lots. The separate owner notified the City that it is not a party to the Development Agreement and indicated that the application for the DA should not proceed without being a party. After consultation with the City Attorney’s Office and the applicant’s counsel, which provided evidence of the Developer’s title insurance policy that, among other terms and conditions, fully insured the easement rights of all residential (numbered) lot owners to the common area (lettered) lots, staff determined that the application may proceed. Furthermore, to protect future residential (numbered) lot owners, the DA has provisions requiring every residential (numbered) lot owner to have, at a minimum, the same title insurance coverage that would insure that owner’s easement property interest in the common area (Attachment 4). In May 2021, Council adopted an ordinance that places a permanent ban on the issuance of new STVR permits, with the exception of units within the Village and Tourist Commercial zones and developments subject to a DA that stipulates short-term rental is allowed, among other specified exceptions. In this case, the applicant wishes to enter into a DA with the City to allow STVRs for the units proposed to be constructed. Government Code Section 65864 and the La Quinta Municipal Code (LQMC) Section 9.250.020 allow applicants to enter into DAs with the City. Site Development Permit (SDP) The residential units reflect a contemporary architectural design with architectural breaks that will vary wall planes, varying roof lines along frontages, and use a simple white color palette. Although the design of each residential unit is similar, the designs are tailored to the lot configuration to create a sense of individuality (Attachment 5). Landscaping Landscaping is proposed throughout the Site and described within the Preliminary Landscape Plan. The proposed preliminary landscaping plant palette incorporates typical desert-compatible species such as Blue Agave, Golden Barrel Cactus, and Date Palms. 97 Traffic The Project takes access from Madison Street, and emergency access is from Avenue 52. The Traffic Impact Analysis was previously analyzed during the entitlement of the Tentative Tract Map. No changes to the traffic analysis were necessary since the project scope is consistent with the previously analyzed traffic analysis. Development Agreement The terms of the draft DA are summarized below (Exhibit A of the attached Resolution). The project shall be constructed in accordance with project approval and shall consist of a residential single-family development specifically developed and available for use as primary residences, secondary residences, or short-term vacation rental residences, with the following components: o Annual STVR permitting fees to be consistent with the City’s fee program; o Any rental or occupancy of 30 nights or less to be subject to the City’s then- current transient occupancy tax (“TOT”) for STVRs; o Rental or occupancy agreements and material renter or occupant information shall be retained for a minimum of three (3) years (or another retention period as may be approved by City policy or code) by the applicant or their authorized management company for the short-term vacation rentals at the site. A performance schedule for construction of the 14 units. The term of the DA shall be for 50 years. The DA shall be reviewed on an annual basis. A Fiscal Impact Analysis (“FIA”) was prepared by the applicant to address the financial implications of the proposed project to the City’s General Fund. The proposed project is economically feasible and expected to generate an annual surplus to the City’s General Fund. (Attachment 6). AGENCY AND PUBLIC REVIEW Public Agency Review All written comments received are on file and available for review with the Design and Development Department. All applicable comments have been adequately addressed and/or incorporated in the recommended COAs and/or DA. Public Hearing Notice This public hearing for this Project was advertised in The Desert Sun newspaper on November 1, 2024, and distributed to properties within 500 feet of the Site. At the time of publication, Staff received no written comments. ENVIRONMENTAL REVIEW The La Quinta Design and Development Department has determined that this project is consistent with the Mitigated Negative Declaration prepared for Tentative Tract Map 31852 98 (Environmental Assessment 2003-495), which was adopted by the La Quinta City Council on August 17, 2004, via Council Resolution No. 2004-098. Prepared by: Sijifredo Fernandez, Associate Planner Approved by: Danny Castro, Design and Development Director Attachments: 1. Vicinity Map 2. Findings for Approval 3. Project Information 4. Eagle Mountain Investors, LLC Correspondence 5. Plan Set 6. Fiscal Impact Analysis 99 PLANNING COMMISSION RESOLUTION 2024 - XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A SITE DEVELOPMENT PERMIT AND DEVELOPMENT AGREEMENT TO CONSTRUCT 14 SINGLE- FAMILY RESIDENTIAL UNITS LOCATED ON THE NORTHWEST CORNER OF AVENUE 52 AND MADISON STREET AND FIND THAT THE PROJECT IS CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2003-495 CASE NUMBERS: SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES APPLICANT: DESERT LUXURY PROPERTIES, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on November 12, 2024, hold a duly noticed Public Hearing to consider a request by Desert Luxury Properties, LLC, for approval of a Site Development Permit and a Development Agreement for 14 single family residential units on 8.4 acres located on the northwest corner of Avenue 52 and Madison Street, more particularly described as: APNs: 777-470-001 THROUGH -014 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on November 1, 2024, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site and emailed or mailed to all interested parties who have requested notification relating to the project; and WHEREAS, the Design and Development Department determined that the project is consistent with the Mitigated Negative Declaration adopted on August 17, 2004 (Environmental Assessment 2003-495), and no further environmental review is required under the California Environmental Quality Act. The Planning Commission considered this determination prior to their recommendation to the City Council; and Site Development Permit 2024-0001 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: 100 PLANNING COMMISSION RESOLUTION 2024-XXX SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES LOCATION: NORTHWEST CORNER OF AVENUE 52 AND MADISON STREET ADOPTED: PAGE 2 OF 4 1. The proposed development is consistent with the General Plan land use designation of Very Low Density Residential. The project consists of high- quality design that complements and enhances the City. 2. The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code in terms of architectural style and landscaping. The project design utilizes varying roof lines and wall depths, along with a complementary color palette. 3. The Design and Development Department has determined that this project has been previously studied under, and is consistent with, Environmental Assessment 2003-495, and no further environmental review is required. 4. The architecture and layout of the project are compatible with, and not detrimental to, the existing surrounding residential land uses and are consistent with the development standards in the Municipal Code. 5. The site design of the project is compatible with surrounding development and with the quality of design prevalent in the city. 6. The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. The landscape palette is consistent with the City’s drought-tolerant landscaping requirements. Development Agreement 2024-0001 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 9.250.020 of the Municipal Code to justify approval of said Development Agreement [Exhibit A]: 1. The Development Agreement is consistent with the applicable objectives, policies, general land uses, and programs of the La Quinta General Plan as follows: a. Policy LU-6.3: Support and encourage the expansion of the resort industry as a key component of the City’s economic base. b. Policy LU-3.1: Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern. c. Goal ED-1: A balanced and varied economic base serving both the City’s residents and the region. 101 PLANNING COMMISSION RESOLUTION 2024-XXX SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES LOCATION: NORTHWEST CORNER OF AVENUE 52 AND MADISON STREET ADOPTED: PAGE 3 OF 4 d. Goal ED-2: The continued growth of the tourism and resort industries in the City. 2. The Development Agreement is compatible with the uses authorized and the regulations prescribed for the land use district in which the real property is located. The properties are available and must be used for residential purposes, and may be the residents’ primary residence or secondary residences, and/or may be used for short-term vacation rentals, which residential use is consistent with the permissible uses of the land use district the property is located in. This is appropriate for the area, given the proximity to surrounding residential and polo fields to the east of Madison Street. 3. The Development Agreement is in conformity with the public necessity, public convenience, general welfare, and good land use practices. The project may be used as residences, which is consistent with the surrounding area and extends residential development along Madison Street in the project area. 4. The Development Agreement will not be detrimental to the health, safety, and general welfare. The project may be used as residences, which is consistent with the surrounding area. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that it facilitates the development of high-quality homes and extends residential development along Madison Street in the project area. 6. The Development Agreement will have a positive fiscal impact on the City in that implementation of the Development Agreement will produce revenues through payment of certain development impact fees, increased property taxes, and transient occupancy taxes when units are rented on a short-term basis. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. SECTION 2. That the above project is consistent with Environmental Assessment 2003- 495. SECTION 3. That it does hereby recommend that the City Council approve Site Development Permit 2024-0001, and Development Agreement 2024-0001 for the 102 PLANNING COMMISSION RESOLUTION 2024-XXX SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES LOCATION: NORTHWEST CORNER OF AVENUE 52 AND MADISON STREET ADOPTED: PAGE 4 OF 4 reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit B]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on November 12, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DOUG HASSETT, Chairperson City of La Quinta, California ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California 103 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT 698/015610-0183 21420197.1 a11/05/24 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder’s Use (Exempt from Recording Fee per Gov’t Code §6103 and §27383) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND DESERT LUXURY PROPERTIES LLC PLANNING COMMISSION RESOLUTION 2024-XXX EXHIBIT A 104 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -1- DEVELOPMENT AGREEMENT This Development Agreement (the “Agreement”) is entered into as of the day of __________, 202_ (“Reference Date”), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (“City”), and DESERT LUXURY PROPERTIES LLC, a California limited liability company, (“Developer”), with reference to the following: RECITALS: A. Government Code Section 65864 et seq. (“Development Agreement Act”) authorizes City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Government Code Section 65865, City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.020 or successor provisions) establishing procedures and requirements for such development agreements (“Development Agreement Ordinance”). C. Developer is the owner of certain real property in the City of La Quinta, County of Riverside, State of California consisting of fee title to fourteen (14) vacant residential (numbered) lots with Assessor Parcel Numbers 777-470-001 through 777-470-014, and easement rights with respect to certain lettered lots within Tract No. 31852 that are appurtenant to and benefit the residential (numbered) lots, all as more particularly described in the legal description in Exhibit A attached hereto and incorporated herein by this reference (collectively, the “Property” and each individual residential (numbered) lot may be referred to herein as “One of the Properties”), and more particularly depicted with corresponding APNs on the Site Map attached hereto as Exhibit B and incorporated herein by this reference. D. Developer has duly submitted an application for a development agreement and environmental assessment for the development of the Property and/or improvements to previously improved portions of the Property, to use as a residential community that includes and would allow for the development, permitting, operation and use of fourteen (14) residences constructed or to be constructed on the Property as short-term vacation rentals pursuant to the Short-Term Vacation Rental Restrictions (defined below) (briefly summarized here as the “Project” and more fully defined below in this Agreement). (For reference purposes only, a copy of Chapter 3.25, as that chapter exists on the Effective Date, is attached to this Agreement as Exhibit E.) The Project is more fully described in, and subject to (i) this Agreement, (ii) the City’s General Plan, (iii) Final Tract Map No. 31852, and any conditions of approval appurtenant thereto (the “Tract Map”) (iv) any applicable Specific Plan that includes the Property, in effect as of the Effective Date, and any conditions of approval appurtenant thereto, (v) Site Development Permit No. SDP2024-0001, and any conditions of approval appurtenant thereto (the “SDP,” and, collectively the foregoing clauses (i)-(v) are referred to herein as the “Vested Approvals”), (vi) any future discretionary or ministerial approvals and/or permits, including future site development permit(s), issued for the Property or Project; and (vii) any future subdivision maps approved for the Property or Project (collectively the foregoing clauses (vi)-(vii) are referred to herein as the “Future Approvals”). The Vested Approvals and the Future Approvals are collectively referred to herein as the “Project 105 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -2- Approvals,” and are, or when approved or issued shall be, on file with the City Clerk’s Office and available for inspection during regular business hours at La Quinta City Hall located at 78495 Calle Tampico, La Quinta, CA 92253. E. As of the Effective Date of this Agreement, Developer owns fee simple title to the 14 residential lots within the Property and easement rights to the lettered lots within the Property, and by their execution of this Agreement, City and Developer consent to recordation of this Agreement against the Property, including, without limitation, each One of the Properties. F. Consistent with Section 9.250.020 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement that shall be construed as a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Project Approvals, all as more particularly set forth herein. G. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City’s General Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (“CEQA”), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On ________ 202_, the City Council adopted its Ordinance No. ____ approving this Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 1. GENERAL 1.1 Definitions. In addition to the defined words and terms set forth elsewhere in this Agreement, the following defined words and terms shall apply: 1.1.1 “Affiliated Party” shall mean (i) any person or entity that directly or indirectly owns or has voting or management rights of Developer or its members or managers, or (ii) any entity that is directly or indirectly owned, controlled or managed by 106 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -3- Developer or its members or managers, or such members’ or managers’ shareholders. City shall have the right to review and confirm any person or entity purported to be an “Affiliated Party” for purposes of this Agreement. 1.1.2 “Agreement” means this Development Agreement and all amendments and modifications thereto. 1.1.3 “Applicable Rules” means the following rules, regulations, ordinances and officially adopted policies of the City of La Quinta in full force and effect as of the Effective Date of this Agreement: the City’s General Plan, the Tract Map, the SDP, any applicable Specific Plan and City of La Quinta Zoning Code provisions in Title 9 of the La Quinta Municipal Code that includes the Property, and the Short-Term Vacation Rental Regulations subject to the provisions as set forth in this Agreement. Additionally, notwithstanding the language of this Section or any other language in this Agreement: (a) all specifications, standards, and policies regarding the design and construction of public works facilities required with respect to the Project, if any, shall be those that are in effect at the time any of said Project applications and plans are being processed for approval and/or under construction; (b) payments for all development impact fees, mitigation fees, application and processing fees, and any other fees and exactions relating to the development of the Project, shall be those that are in effect at the time said Project appl ications and plans are being processed for approval and subject to payment pursuant to Section 2.2.1 of this Agreement; and (c) all Short-Term Vacation Rental Regulations shall be those that are in effect at the time of the submittal of an application for a short-term vacation rental permit and in effect at the time a duly-issued permit is held, including amendments to the Short-Term Vacation Rental Regulations following the Effective Date that do not otherwise prevent the use of One of the Properties for short-term vacation rentals. 1.1.4 “Assignment and Assumption Agreement” shall have the meaning set forth in Section 1.8.1 of this Agreement. 1.1.5 “CC&Rs” shall have the meaning set forth in Section 3.1 of this Agreement. 1.1.6 “CEQA” means the California Environmental Quality Act (Cal. Public Resources Code Sections 21000 et seq. or successor provisions) and the State CEQA Guidelines (Cal. Code of Regs., Title 14, Sections 15000 et seq. or successor provisions). 1.1.7 “City” means the City of La Quinta, a charter city and municipal corporation, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission. 1.1.8 “City Council” means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867. 1.1.9 “Claims” shall have the meaning set forth in Section 3.6 of this Agreement. 107 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -4- 1.1.10 “Compliance Certificate” shall have the meaning set forth in Section 4.1 of this Agreement. 1.1.11 “Davis-Stirling Act” means the Davis-Stirling Common Interest Development Act, California Civil Code Section 4000 et seq. (or successor provisions). 1.1.12 “Development Director” means the Director of the City’s Design and Development Department, or his or her designee. 1.1.13 “Developer” means the Developer identified in the preamble of this Agreement. 1.1.14 “Development Agreement Act” means Section 65864 et seq., of the California Government Code. 1.1.15 “Development Agreement Ordinance” shall have the meaning set forth in Recital B. 1.1.16 “Discretionary Action” means an action which requires the exercise of judgment, deliberation or a decision on the part of City, including any board, commission, committee, or department or any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with statutes, ordinances , regulations, or other adopted policies. 1.1.17 “Effective Date” shall have the meaning set forth in Section 1.3 of this Agreement. 1.1.18 “Force Majeure” shall have the meaning set forth in Section 8.2 of this Agreement. 1.1.19 “Future Approvals” shall have the meaning set forth in Recital D. 1.1.20 “General Plan” means the General Plan of the City. 1.1.21 “Indemnitee” shall have the meaning set forth in Section 3.6 of this Agreement. 1.1.22 “Insubstantial Modification” shall have the meaning set forth in Section 1.6(a) of this Agreement. 1.1.23 “Mortgage” shall have the meaning set forth in Section 7.2 of this Agreement. 1.1.24 “Mortgagee” shall have the meaning set forth in Section 7.2 of this Agreement. 108 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -5- 1.1.25 “MND” and “Mitigated Negative Declaration” shall have the meaning set forth in Section 1.5 of this Agreement. 1.1.26 “New Laws” means amendments or modifications to the Applicable Rules, and all ordinances, resolutions, initiatives, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees enacted or adopted after the Effective Date. 1.1.27 “Notice” shall have the meaning set forth in Section 8.1 of this Agreement. 1.1.28 “One of the Properties” shall have the meaning set forth in Recital C. 1.1.29 “Parties” means collectively Developer and City. Each shall be referred to in the singular as a “Party”. 1.1.30 “Performance Schedule” shall mean the performance schedule for the Project attached hereto as Exhibit D and incorporated herein by reference, and as further described in Section 3.3. 1.1.31 “Planning Commission” means the City Planning Commission and the planning agency of the City pursuant to California Government Code Section 65867. 1.1.32 “Project” means the development, improvement, use and operation of the Property as set forth in more detail in Section 3.1. 1.1.33 “Project Approvals” shall have the meaning set forth in Recital D. 1.1.34 “Property” shall have the meaning set forth in Recital C. 1.1.35 “Recorder’s Office” shall mean the Office of Official Records for Riverside County, California 1.1.36 “Request for Notice of Default” shall have the meaning set forth in Section 7.3 of this Agreement. 1.1.37 “Reserved Powers” means the rights and authority excepted from this Agreement’s restrictions on City’s police powers and which are instead reserved to City, its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees. The Reserved Powers include the powers to enact or adopt New Laws or take future Discretionary Actions after the Effective Date of this Agreement that may be in conflict with the Applicable Rules and Project Approvals, except such New Laws which would prevent, or materially impair Developer’s ability to develop the Project and/or use the Property in accordance with the Project Approvals and this Agreement; provided, however, that 109 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -6- with respect to such New Laws which would conflict with this Agreement or prevent, or materially impair Developer’s ability to develop or use the Project in accordance with the Project Approvals, such New Laws shall apply to the Project and the Property only if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis in furtherance of the identified public health and safety concern (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God, which shall apply even if not applicable on a City-wide basis); (2) amendments to Uniform Codes, as adopted by City, and/or the La Quinta Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Property; (3) required by a non-City governmental entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non-City law or regulation would cause the City to sustain a material loss of funds or material loss of access to funding or other resources, with “material loss” in this clause (3) meaning Seventy Five Thousand Dollars ($75,000.00) or more, as such minimum threshold amount of $75,000 may be adjusted as of January 1 of each calendar year (the “Adjustment Date”) during the Term of this Agreement by any increases in the Consumer Price Index for All Urban Consumers for the Riverside-San Bernardino-Ontario, California areas (1982-84=100) from the Effective Date to the applicable Adjustment Date), (4) necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Agreement), or (5) adopted by the City on a City wide basis and applied to the Property (and each One of the Properties) in a non- discriminatory manner that does not prevent or materially impair Developer’s ability to develop the Project and/or operate or use the Property and Project in accordance with the Project Approvals and this Agreement. 1.1.38 “SDP” shall have the meaning set forth in Recital D. 1.1.39 “Short-Term Vacation Rental Regulations” means all provisions of the La Quinta Municipal Code related to short-term vacation rentals as the same may be amended from time to time, including specifically Chapter 3.24 or successor provisions related to transient occupancy tax and Chapter 3.25 related to short-term vacation rentals, except to the extent any provision directly conflicts with the vested rights in Section 5 of this Agreement. 1.1.40 “Site Map” means the map that shows the location of the site and immediately adjacent properties, which is attached hereto as Exhibit B. 1.1.41 “Term” means the period of time for which the Agreement shall be effective in accordance with Section 1.2 herein. 1.1.42 “Tract Map” shall have the meaning set forth in Recital D. 1.1.43 “Uniform Codes” means those building, electrical, mechanical, plumbing, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi-state professional organization and become applicable throughout the City, such as, but not limited to, the Uniform Building Code, the Uniform Electrical Code, the Uniform Mechanical Code, the Uniform Plumbing Code, or the Uniform Fire Code (including those amendments to the promulgated uniform codes which reflect local modification to 110 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -7- implement the published recommendations of the multi-state organization and which are applicable City-wide). 1.1.44 “Vested Approvals” shall have the meaning set forth in Recital D. 1.1.45 “Zoning Ordinance” means Title 9 of the La Quinta Municipal Code or successor title or provisions. 1.2 Term. The term of this Agreement shall commence on the Effective Date and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the Parties after the satisfaction of all applicable public hearing and related procedural requirements. 1.3 Effective Date. This Agreement shall be effective, and the obligations of the Parties hereunder shall be effective, as of ______________ (“Effective Date”), which is the date that Ordinance No._________ takes effect. This Agreement shall be recorded in the Recorder’s Office no later than thirty (30) days after the Effective Date. 1.4 Statement of Benefits and Consideration. The Parties have determined that a development agreement is appropriate for the construction and operation of the Project due to the substantial benefits to be derived therefrom. City finds and determines that the Project is in the best interests of the health, safety and general welfare of City and its residents, and that entering into this Agreement constitutes a valid, present exercise of its police power. City has undertaken the necessary proceedings, has found and determined that this Agreement is consistent with the General Plan, and has adopted the Ordinance referenced in Recital I above approving this Agreement. As a result of the development of the Project in accordance with this Agreement, City will receive substantial benefits. In consideration of the substantial benefits, commitments, and consideration to be provided by Developer pursuant to this Agreement, and in order to strengthen the public planning process and reduce the economic costs of development, City hereby provides Developer assurance that Developer can proceed with the construction and use of the Project at the Property for the Term of this Agreement pursuant to the Applicable Rules and this Agreement. Developer would not enter into this Agreement or agree to provide the public benefits, commitments and consideration described in this Agreement if it were not for the certainty provided by this Agreement that the Project and the Property can be constructed and used during the Term of this Agreement in accordance with the Applicable Rules and this Agreement. 1.5 CEQA Requirements. 111 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -8- The Project has been reviewed for environmental impacts in accordance with the provisions of CEQA and has adopted a Mitigated Negative Declaration per Environmental Assessment 2003-495 for Tentative Tract Map 31852 (“MND”) as its CEQA review document for the Project. City has given consideration to such environmental review prior to its approval of this Agreement and the Project, and has undertaken all actions necessary to comply with CEQA when approving this Agreement. Developer shall develop the Project in a manner complying with all design features, mitigation measures, and other terms and conditions required by the MND. 1.6 Modification or Amendment of this Agreement. Except as expressly stated to the contrary herein, this Agreement may be modified or amended from time to time, in whole or in part, only by mutual written consent of the Parties or their successors in interest, consistent with Government Code Sections 65867 through 65868 (or successor provisions, the Development Agreement Ordinance, and the following terms: (a) Insubstantial Modifications. The Parties acknowledge that refinements and further development of the Project may demonstrate that minor changes are appropriate with respect to the details of the Project development and the performance of the Parties. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, and thus desire to provide a streamlined method of approving insubstantial modifications to this Agreement. Therefore, any minor modification to this Agreement which does not modify (i) the Term of this Agreement; (ii) permitted uses of the Property, (iii) maximum density or intensity of use, except as specifically allowed in the Project Approvals, (iv) provisions for the reservation or dedication of land, (v) conditions, terms, restrictions or requirements for Reserved Powers, Discretionary Actions, or subsequent Discretionary Actions, or (vi) monetary obligations of Developer (hereinafter an “Insubstantial Modification”), and that can be processed under CEQA either as not a “project” under CEQA or as exempt from CEQA, and that does not require a public hearing prior to the Parties executing a modification to this Agreement. Either Party may propose an Insubstantial Modification, consent to which shall not be unreasonably withheld, conditioned, or delayed by the other Party. Upon the written request of Developer for a modification to this Agreement, the City Manager or his/her designee shall determine, in his/her sole discretion: (1) whether, in his/her reasonable judgment, the requested modification constitutes an “Insubstantial Modification,” as defined herein; (2) whether the requested modification is consistent with Applicable Rules (other than that portion of this Agreement sought to be modified); and (3) whether, in his/her reasonable judgment, the requested modification tends to promote the goals of this Agreement. If the City Manager or his/her designee determines that the requested modification is an “Insubstantial Modification” that is consistent with Applicable Rules and tends to promote the goals of this Agreement, the proposed modification will be approved by the City as an Insubstantial Modification, and a written modification will be executed by the Parties and attached to this Agreement. Any such Insubstantial Modification shall not be deemed an “amendment” to this Agreement under Government Code Section 65858. Any amendment or other agreement memorializing an approved Insubstantial Modification shall be recorded in the Recorder’s Office no later than thirty (30) days after complete execution of said amendment or other agreement. 112 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -9- (b) Substantial Amendments. Except as otherwise described in Section 1.6(a) of this Agreement, amendments to this Agreement shall be “Substantial Amendments” which require notice and a public hearing pursuant to California Government Code Section 65868. (c) Parties Required to Amend. Where a portion of Developer’s rights or obligations have been transferred, assigned, and assumed pursuant to Section 1.8 of this Agreement, the signature of the person or entity to whom such rights or obligations have been assigned shall not be required to amend this Agreement unless such amendment would materially alter the rights or obligations of such transferee/assignee hereunder. (d) Effect of Amendment. Any amendment to this Agreement shall be operative only as to those specific portions of this Agreement expressly subject to the amendment, and all other terms and conditions of this Agreement shall remain in full force and effect without interruption. 1.7 Termination; Applicable to All of the Property. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement as set forth in Section 1.2. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals. Any termination of this Agreement shall affect each and every One of the Properties and the entire Property, and no owner of any One of the Properties may apply for a termination or terminate this Agreement with respect to that owner’s One of the Properties unless all of the owners of the Property and each and every One of the Properties apply for and seek to terminate this Agreement for the entire Property and every One of the Properties. In explanation of the foregoing, this Agreement shall apply to each One of the Properties for the entire duration of the Term, and no One of the Properties may be released from or excused for performance under this Agreement by way of terminating this Agreement for that One of the Properties, unless all of the Property and every One of the Properties are released from this Agreement. 1.8 Assignment of Interests, Rights and Obligations. Developer may transfer or assign all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in any One of the Properties, or the Property, or any portion thereof, including, without limitation, purchasers or ground lessee(s) of lots, parcels or facilities, subject to the following: 1.8.1 Assignment and Assumption Agreements. (a) In connection with the transfer or assignment by Developer of all or any portion of the Property (other than a transfer or assignment by Developer to a Mortgagee, defined below), Developer and the transferee shall enter into a written agreement (an “Assignment and Assumption Agreement”) regarding the respective interests, rights and obligations of Developer and the transferee in and under this Agreement. Such Assignment and Assumption Agreement may: (i) release Developer from obligations under this Agreement pertaining to that 113 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -10- portion of the Property being transferred, as described in the Assignment and Assumption Agreement, provided that the transferee expressly assumes such obligations; (ii) transfer to the transferee vested rights to develop and/or improve and use that portion of the Property being transferred; and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment. (b) Developer shall obtain City’s prior written consent to any Assignment and Assumption Agreement (other than a transfer or assignment by Developer to a Mortgagee defined below, and other than to a bone fide purchaser for value of the fee interest or long-term ground lease of One of the Properties provided said purchaser, as transferee, has obtained and will maintain title insurance insuring the purchaser’s easement rights to use the certain lettered lots in the Tract Map as common area in compliance with Section 1.8.4, below), which consent shall not be unreasonably withheld, conditioned or delayed. Failure by City to respond within thirty (30) days to any request made by Developer for such consent shall be deemed to be City’s refusal of the Assignment and Assumption Agreement in question. City may refuse to give its consent if such transferee has failed to provide sufficient evidence of financial resources and/or if such transferee would not, in City’s reasonable opinion, be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the City Manager in consultation with the City Attorney and is appealable by Developer directly to the City Council. (c) An Assignment and Assumption Agreement shall be binding on Developer, City and the transferee provided (i) Developer is not then in default under this Agreement, (ii) Developer has provided notice to City of such transfer, and City has approved the transfer, and (iii) the transferee executes and delivers to City a written agreement in which (a) the name and address of the transferee is set forth and (b) the transferee expressly and unconditionally assumes each and every obligation of Developer under this Agreement with respect to the Property, or portion thereof, being transferred (to the extent Developer has not retained a continuing obligation), (c) Developer no longer has any legal or equitable interest in the Property or the portion thereof sold or transferred, as applicable, and (d) City has, in the exercise of its reasonable discretion, satisfied itself of the transferee’s ability to assume those Developer obligations under this Agreement being assigned. Upon recordation of any Assignment and Assumption Agreement in the Recorder’s Office, Developer shall automatically be released from those obligations assumed by the transferee therein, and said transferee shall thereafter be deemed the “Developer” under this Agreement for those transferred and assumed obligations. The Assignment and Assumption Agreement shall be recorded in the Recorder’s Office no later than thirty (30) days after the complete execution thereof by Developer, City, and transferee. (d) In further explanation of Subdivision 1.8.1(c) above, Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to an Assignment and Assumption Agreement approved by City pursuant to this Agreement. No breach or default hereunder by any person succeeding to any portion of Developer’s obligations under this Agreement shall be attributed to Developer, nor may Developer’s rights hereunder be canceled or diminished in any way by any breach or default by any such person following Developer’s release of obligations under the Project Approvals pursuant to an Assignment and Assumption Agreement assigning Developer’s obligations to that successor. 114 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -11- (e) The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 1.8.2 Transfers for Mortgages. Any transfers or assignments for any Mortgagee (defined below) shall be subject to the provisions in Article 7 of this Agreement. 1.8.3 Transfers to Affiliated Parties. Developer may at any time and without City’s prior consent, transfer all or any portion of its rights and obligations under this Agreement to any Affiliated Party and, in connection with the transfer of any such obligations by Developer to an Affiliated Party in accordance with this Agreement, shall be released from such obligations assumed by the Affiliated Party. Developer shall deliver to City, no later than ten (10) days after such transfer an Assignment and Assumption Agreement in recordable format memorializing the transfer of Developer’s rights and obligations under this Agreement to an Affiliated Party, along with evidence sufficient for City, in its reasonable discretion, to review and confirm the transferee is an Affiliated Party of Developer, and that Affiliated Party’s contact information for notices to be delivered pursuant to this Agreement. The Assignment and Assumption Agreement shall be recorded in the Recorder’s Office no later than thirty (30) days after the effective date of the assignment and assumption of said rights and obligations to the Affiliated Party. In the event a purported transferee is not an Affiliated Party, or Developer does not provide sufficient evidence, in City’s reasonable discretion, to review and confirm the purported transferee is an Affiliated Party, any such transfer shall be void and of no force and effect. 1.8.4 Obligation to Continuously Insure Easement Rights and Common Areas for all Properties. Developer represents and warrants that Developer has and will maintain title insurance for the Property, including insurance for the easement rights with respect to certain lettered lots to be used as common area and identified in the Tract Map, which are appurtenant to and benefit the residential (numbered) lots. Any transfer or assignment by Developer, including a transfer of One of the Properties by sale or ground lease and/or a sale to a bone fide purchaser for value of the fee interest or ground lease interest of One of the Properties, shall require the transferee or assignee or bone fide purchaser to have obtained and maintain title insurance insuring the transferee’s or assignee’s or bone fide purchaser’s easement right to use the certain lettered lots in the Tract Map as common area, so that any transferee or assignee of Developer that owns all or any portion of the numbered lots (One of the Properties) in the Tract Map likewise shall have insured rights to the easements in the letter lots that serve as the common area for the Property. For reference purposes, a template from Developer’s title insurance policy, with terms that identify the common area parcels (lettered lots) covered under the owner’s policy for One of the Properties (residential numbered lot) in a manner that is consistent with this Section 1.8.4, is attached hereto as Exhibit F. 115 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -12- 2. AGREEMENTS AND ASSURANCES 2.1 Agreement and Assurance on the Part of Developer. In consideration for City entering into this Agreement, and as an inducement for City to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purposes and intentions set forth in the Recitals of this Agreement, Developer hereby agrees that the terms and conditions of this Agreement, including the Project Approvals incorporated herein, shall govern development and operation of the Property for the Term of this Agreement. 2.2 Agreement and Assurances on the Part of the City. In consideration for Developer entering into this Agreement, and as an inducement for Developer to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purposes and intentions set forth in this Agreement, City hereby agrees as follows: 2.2.1 Vested Entitlement to Develop. Developer has the vested right to develop, improve, operate and use the Property and Project subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, densities, and intensities of use of the Property, timing or phasing of development, zoning, provisions for the reservation or dedication of land for public purposes, and the location and size of public improvements, as well as those other terms and conditions of development of the Project as set forth in this Agreement and the other Project Approvals. Developer’s vested rights under this Agreement shall also include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace all improvements on the Property or within the Project (or any portion thereof) throughout the applicable Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the existing development or the Project or any portion thereof, subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. Such vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement, or (b) expiration of the Term of this Agreement. Except for the expiration set forth in clause (b) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate any obligations of Developer under this Agreement that (x) have accrued prior to termination of this Agreement or (y) that expressly survive the termination of this Agreement, such as indemnification obligations. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all Applicable Rules, unless modified by or in conflict with the provisions of this Agreement; (ii) subject to Article 5 of this Agreement, the right to develop, improve, and use the Property (and each One of the Properties) for short-term vacation 116 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -13- rentals, provided that any and all short-term vacation rentals shall be subject to the Short-Term Vacation Rental Regulations; (iii) all New Laws applied to Developer through the City’s Reserved Powers; (iv) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further Future Approvals, site development permits, tract maps, and building permits; (v) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (vi) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. 2.2.2 Changes in Applicable Rules. (A) Nonapplication of Changes in Applicable Rules. Any change in, or addition to, the Applicable Rules (as defined in this Agreement and in effect as of the Effective Date), including, without limitation, any such change by means of ordinance, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City, City Council, Planning Commission or any other board, commission, department or agency of the City, or any officer or employee thereof, or by the electorate, as the case may be, which change would, absent this Agreement, otherwise be applicable to the Property and/or to the Project and which change would either (i) conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, or (ii) reduce the development rights or allowances set forth in the Applicable Rules, Project Approvals, or this Agreement, shall not be applied to the Property (or any One of the Properties) or Project unless such changes represent an exercise of City’s Reserved Powers, or are otherwise agreed to in this Agreement. It is expressly understood and agreed that Developer has the right to develop, improve, and use the Property (and each One of the Properties) for short-term vacation rentals subject to Article 5 of this Agreement and compliance with all Short-Term Rental Regulations. The right to apply for a new or renewal permit, and the City’s ability to review and issue a new or renewal permit, for short-term vacation rentals on the Property (or any One of the Properties) or Project, shall be allowed and authorized by this Agreement. Notwithstanding the foregoing paragraph, Developer may, in its sole discretion, consent in writing to the application to the Property (which shall mean each One of the Properties) and/or Project of any change in the Applicable Rules. 117 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -14- (B) Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development and use of the Property and Project shall be subject to changes which may occur from time to time in the Uniform Codes, as such Codes are adopted by the City of La Quinta. (C) Changes Mandated by Federal or State Law. This Agreement shall not preclude the application to the Property and Project of changes in, or additions to, the Applicable Rules, including rules, regulations, ordinances and official policies, to the extent that such changes or additions are mandated to be applied to developments such as this Project by state or federal regulations, pursuant to the Reserved Powers. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended only to the extent necessary to comply with such state or federal laws or regulations. 2.2.3 Subsequent Development Review. Except as expressly reserved in this Agreement (including the right to apply for a new or renewal permit, and the City’s review and issuance of a new or renewal permit, for short-term vacation rentals), nothing shall impair or interfere with the right of City to require the processing of permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of Uniform Codes. 2.2.4 Effective Development Standards. City agrees that it is bound to permit the uses, intensities of use, and densities of development on the Property (and each One of the Properties) which are permitted by this Agreement and the Project Approvals, insofar as this Agreement and the Project Approvals so provide or as otherwise set forth in the Applicable Rules. City hereby agrees that it will not unreasonably withhold, delay or condition any approvals and/or permits which must be issued by City in order for the Project to proceed and for the Property to be used for the authorized uses herein, provided that Developer reasonably and satisfactorily complies with all applicable procedures for processing applications for such approvals and/or permits. 3. DEVELOPER’S OBLIGATIONS 3.1 Development of the Project; Planned Development. Developer intends to own and operate the entire Project as a short-term rental project rather than as a planned development in which Developer would sell to bone fide purchasers for value individual residential (numbered) lots to members of the public pursuant to the Davis-Stirling Act. In the event that, prior to the date that is one (1) year prior to the expiration date of the Term of this Agreement, Developer elects to sell to bone fide purchasers for value the individual residential (numbered) lots in the Project to the public (as opposed to a bulk sale of lots in the Project to a builder or subsequent developer in accordance with this Agreement), Developer shall fully comply 118 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -15- with the requirements of the Davis-Stirling Act and shall ensure that the Project constitutes a “planned development” as defined in California Civil Code Section 4175 (or successor provision) pursuant to the Davis-Stirling Act, which, among other requirements, shall require the recording by Developer of a declaration of covenants, conditions, and restrictions that, at a minimum, meets the requirements of a “declaration” as defined and described in the Davis-Stirling Act and to memorialize specified conditions of approval that are part of the Project Approvals (the “CC&Rs”). If, prior to the 1-year date of expiration of the Term of this Agreement, Developer has not previously elected to sell to bone fide purchasers for value the individual residential (numbered) lots in the Project to the public, then Developer shall, prior to the expiration of the Term, fully comply with the requirements of the Davis-Stirling Act and shall ensure that the Project constitutes a “planned development” as defined in California Civil Code Section 4175 (or successor provision) with a “declaration” as defined and described in the Davis-Stirling Act and to memorialize specified conditions of approval in the CC&Rs. Developer shall provide to City, no less than ninety (90) days prior to the submission of the CC&Rs to the California Department of Real Estate (the “DRE”), a copy of the proposed final draft of the CC&Rs for review and approval, not to be unreasonably withheld or conditioned, by the City Manager and City Attorney. Further, following approval of the CC&Rs by the DRE, Developer shall provide to City, no less than thirty (30) days prior the anticipated date of recording, a copy of the DRE approved CC&Rs for review and approval so that the City Manager and City Attorney can insure that there have been no material adverse changes from the prior approved draft of the CC&Rs. If and when the Project is converted to a planned development under the Subdivided Lands Act and Davis-Stirling Act, it shall have an “association” as defined and described in the Davis-Stirling Act. Developer shall construct the Project on the Property only in accordance with the Project Approvals. As depicted in the Project Approvals, as the same may be updated or amended from time to time consistent with the terms hereof, the Project shall consist of a residential single-family development specifically developed and available for residential purposes, and may be the residents’ primary residence or secondary residences, and/or may be used for short-term vacation rentals, with the following components: (A) Annual permitting fees to be consistent with the City’s fee program; (B) Any rental or occupancy of 30 nights or less to be subject to the City’s then-current transient occupancy tax (“TOT”) for short-term vacation rentals; (C) Rental or occupancy agreements, and material renter or occupant information, shall be retained for a minimum of three (3) years (or other retention period as may be approved by City policy or code) by the Developer or Developer’s authorized management company for the short-term vacation rentals at the Property; (D) The Project shall comply with all Applicable Rules, including occupancy limits set forth in the La Quinta Municipal Code; and 119 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -16- (E) All residences at the Property (and on each One of the Properties) shall allow for transient occupancy, which means occupancy for thirty (30) days or less subject to the Applicable Rules. 3.2 Compliance with Government Code Section 66473.7 Developer shall comply with the provisions of Government Code Section 66473.7 with respect to any tract maps prepared for the Project. 3.3 Performance Schedule Developer shall plan, design and construct the Project in a timely manner in accordance with the Performance Schedule attached hereto as Exhibit D. The Parties acknowledge and agree that the Performance Schedule is a general sequencing of the phases of the Project, and such sequencing may be modified by Developer to effectuate construction and end-use efficiencies. If Developer, in its good faith discretion, anticipates or decides a phase of the Project may need to be removed or an additional phase of the Project should be added, or the timing for completion of phases should be revised, the Performance Schedule may be amended by mutual written agreement of the Parties. The City may approve or deny a requested amendment to the Performance Schedule in its reasonable discretion, provided that such approval shall not be unreasonably withheld or delayed. In evaluating a Developer request for an amendment to the Performance Schedule, the City shall give strong consideration and latitude to Developer in the Developer’s good faith exercise of business judgement based on market conditions and other factors Developer deems appropriate in connection with the requested amendment. If an amendment(s) to the Performance Schedule is determined to be an Insubstantial Modification pursuant to this Agreement, the City Manager is individually authorized to sign such amendments on behalf of the City. 3.4 Funding, Fees, Permits, and Approvals. 3.4.1 No Funding. Developer acknowledges that the City is not providing any funding for the Project. 3.4.2 Fees, Permits, and Approvals Governed by Municipal Code. Subject to Article 5 of this Agreement, all permitting and processing fees (including for the permitting and processing of short-term vacation rentals), and all permits and approvals for the Property, and Project, shall be governed by the provisions of the La Quinta Municipal Code and shall be paid and performed in accordance therewith and any and all applicable ordinances, resolutions, and policies relating thereto. All such fees and applications submitted to the City shall be processed in accordance with the then-current La Quinta Municipal Code and any and all applicable ordinances, resolutions, and policies relating thereto, including the timing provisions therein, and shall not be accorded separate treatment pursuant to this Agreement. All City-imposed fees, including the fees for short-term vacation rental permitting, shall be in the amount prescribed by the La Quinta Municipal Code or duly adopted City Council ordinances, resolutions, and policies in effect at the time the fee is imposed. 3.4.3 Imposition of Existing and Future Fees. Nothing set forth in this Agreement is intended to or shall be construed to limit or restrict the City’s authority to impose its existing, or any new or increased, Citywide fees, charges, levies, or assessments for the development of the 120 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -17- Property or Project, or to impose or increase, subject to the required procedure, any taxes applicable to the Property or Project, including but not limited to transient occupancy taxes (TOT). Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995 et seq. 3.5 Dedications and Improvements; Improvement Security. In connection with the recordation of any final subdivision map for the Project, Developer shall, through the execution of a subdivision improvement agreement with the City, provide to the City, in a form reasonably acceptable to the City Attorney, improvement security as provided in the La Quinta Municipal Code (and any and all applicable ordinances, resolutions, and policies relating thereto) to secure the faithful performance of Developer’s obligations under this Agreement to construct the on-site and off-site improvements identified on that map. The terms, amounts and provisions for release of the improvement security shall be as set forth in the La Quinta Municipal Code (and any and all applicable ordinances, resolutions, and policies relating thereto). 3.6 Indemnification. Developer shall protect, defend, indemnify and hold harmless City and City’s officers, officials, members, employees, volunteers, agents, and representatives (any of the foregoing shall be known individually as “Indemnitee” and collectively as “Indemnitees”), and each of them, jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including reasonable attorneys’ fees and expert witness fees, arising out of or directly relating to construction-, development, use- and operations-related activities on the Property and Project by Developer, including, without limitation, matters related to the use or the inability to use any common area in the Project (such as, and without limitation, inability of Developer or any transferee, assignee, owner or occupant of One of the Properties to use certain lettered lots in the Tract Map as common area; and/or the failure by Developer or any transferee or assignee to procure and maintain title insurance covering the right to use the certain lettered lots in the Tract Map as common area appurtenant easements to the Property and/or any One of the Properties; and/or any failure by Developer or any transferee or assignee to procure and maintain title insurance covering the right to use the certain lettered lots in the Tract Map as common area appurtenant easements to the Property and/or any One of the Properties), and including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought or instituted (“Claims”), excluding those claims proven by a court of competent jurisdiction to be resulting from the gross negligence or willful misconduct of City. In the event of any action, litigation, or other adversarial proceeding in any way involving the Claims specified in this section, City agrees, at no cost to City, to cooperate with Developer. Developer shall have the obligation to provide the defense of City in the action, litigation, or other adversarial proceeding, either by providing for legal counsel or, at City’s option, timely paying the legal costs incurred by City in the defense of litigation, even though negligence or gross negligence of 121 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -18- Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf has not been established at the time that the defense is provided. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnitee or Indemnitees. In the event of any court action or proceeding challenging the validity of this Agreement or the Project Approvals (including related CEQA analysis), Developer shall indemnify, hold harmless, pay all costs and provide defense for City in said action or proceeding with counsel chosen by Developer and reasonably approved by City. City shall, at no cost to City, cooperate with Developer in any such defense as Developer may reasonably request. In the event Developer fails or refuses to provide such defense of any challenge to this Agreement or the Project Approvals, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title. 3.7 Recording of Agreement. This Agreement shall be valid and binding as of the Effective Date; provided, however, that the terms and conditions set forth in this Agreement affecting the vested rights and ability to develop and use the Property and Project as set forth herein, shall be contingent upon this Agreement being recorded in the Recorder’s Office. 3.8 Management During the term of this Agreement, Developer agrees that Developer shall not designate more than two (2) third party management companies at any one time for purposes of managing the day-to-day operations of the Property or any One of the Properties and ensuring compliance with the terms of this Agreement. For the avoidance of doubt, the immediately foregoing sentence shall not restrict Developer from self-managing (or designating an affiliated property management company to manage) the Property or any One of the Properties. 4. CITY’S OBLIGATIONS 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code, and the provisions of City’s Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes.. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate (“Compliance Certificate”), in substantially the same form as that attached hereto as Exhibit C. The Compliance Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Compliance Certificate. 122 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -19- 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by City with respect to the Project, constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project Approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms and provisions. It is understood by the Parties that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the Term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. City shall review Developer’s compliance with the terms of Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with City’s procedures and standards for such review. During such periodic review by City, Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Ordinance shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, City, through the Development Director, shall, at Developer’s written request, issue an estoppel certificate to Developer stating that (1) this Agreement remains in full force and effect, (2) Developer is in compliance with this Agreement and (3) any other qualifying information as may be consistent with such estoppel certificate pursuant to Section 8.12 of this Agreement. 5. SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES 5.1 Short Term Vacation Rentals as a Permitted Use. This Agreement does hereby provide that short-term vacation rentals are a permitted use within all portions of the Project, the Property, and each One of the Properties that allow residential uses, and the rights to such permitted use are hereby vested pursuant to the terms of this Agreement, and this vested right shall inure to the benefit of Developer and all owners of each portion of the Property or each One of the Properties. As such, the rights and obligations under this Section 5.1 shall survive the sale of each One of the Properties to a third-party homebuyer. Except to the extent expressly provided otherwise in this Agreement, the City shall not impose on or apply to the Project (whether by action of the City Council, or other legislative body, or by initiative, referendum, or other measure) any ordinance, resolution, standard, directive, condition, or other measure that is in conflict with this Section 5.1 or that would materially interfere with the right to apply for and, upon compliance with the City’s ministerial permitting process and 123 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -20- approval, operate short-term vacation rentals in all residential units within the Project. Such short- term vacation rentals within the Project shall be subject to the Short-Term Vacation Rental Regulations, including but not limited to all operational requirements, noise restrictions, occupancy limits, provisions for violations and penalties, provisions for the payment of transient occupancy tax, and all other requirements. For reference only, a copy of Chapter 3.25 of the La Quinta Municipal Code in effect as of the Effective Date is attached to this Agreement as Exhibit E. In the event Chapter 3.25 is repealed in its entirety and is not replaced with a successor provision that would grant Developer the vested rights granted by this Section 5.1, then the latest version of Chapter 3.25 (or successor provision) that did allow the vested rights granted by this Section 5.1 shall apply. In the event Chapter 3.24 is repealed in its entirety and is not replaced with a successor provision that would grant Developer the vested rights granted by this Section 5.1, then the latest version of Chapter 3.24 (or successor provision) that did allow the vested rights granted by this Section 5.1 shall apply. 5.2 Covenants, Conditions, and Restrictions. All CC&Rs recorded pursuant to Section 3.1 of this Agreement on any property within the Project where residential uses are allowed shall expressly authorize short-term vacation rentals for all residential units. All such CC&Rs shall state the operational requirements and standard conditions (such as, and without limitation, maximum occupancy, outdoor use limitations, and other requirements or conditions for the residential (numbered) lots in the Project) applicable to short-term rentals in that tract or planning area of the Project. Until such date as the CC&Rs are recorded against the Property and the Project (see Section 3.1, above), such operational requirements and standard conditions shall be set forth in rules and regulations or a similar document (“STR Rules”) which shall be provided to all persons who rent residential (numbered) lots in the Project on a short-term rental basis. 5.3 Short-Term Vacation Rental Centralized Management. In order to ensure the timely collection and reporting of the applicable transient occupancy taxes, and compliance with the applicable operational requirements and conditions set forth in the Short-Term Vacation Rental Regulations, Developer or its successor or assignee shall be the “authorized agent or representative” (as that term is defined in the Short-Term Vacation Rental Regulations, or, if the definition is removed during the Term of this Agreement, as defined in Chapter 3.25 as of the Effective Date of this Agreement) for all short-term vacation rentals and short-term vacation rental permits within the Project, including but not limited to applying for and managing all short-term vacation rental permits, making all reservations and payments, and ensuring compliance with all other requirements of the Short-Term Vacation Rental Regulations, and shall do so exclusively through a central rental operator pursuant to Sections 5.2 and this 5.3 of this Agreement, which shall be confirmed at the issuance and renewal of each short-term vacation rental permit; provided, however, that the “residence owner” (in this context, means the owner of a residential unit with a short-term vacation rental permit, as that term is defined in the Short-Term Vacation Rental Regulations, or, if the definition is removed during t he Term of this Agreement, as defined in Chapter 3.25 as of the Effective Date of this Agreement, and hereinafter defined as “residence owner”) shall remain ultimately obligated as the holder of the short-term 124 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -21- vacation rental permit for any and all remedial actions necessary for compliance with the Short- Term Vacation Rental Regulations and this Agreement, including but not limited to the payment of any fines or recorded liens or any other violations for non-compliance; and, provided further, that the residence owner shall have a process available, through an independent arbitrator or neutral decision-maker designated by the residence owner or homeowner’s association (“HOA”) of which the residence owner is a member, to petition for a change of that residence owner’s “authorized agent or representative” because the residence owner demonstrates, with a preponderance of evidence, that the “authorized agent or representative,” designated by the Developer or its successor or assignee, has failed to perform its duty to ensure compliance with all other requirements of the Short-Term Vacation Rental Regulations for that residence owner’s short-term vacation rental unit. The CC&Rs as described in Section 5.2 of this Agreement shall include the terms and conditions, and detailed specifics for process and decision, whenever a residence owner may petition the HOA for a change in that residence owner’s “authorized agent or representative” as required by this Section 5.3; the City Manager and City Attorney shall review and approve, in their reasonable discretion and not to be unreasonably delayed or denied, said terms and conditions in the CC&Rs that would apply if a residence owner were to petition the HOA for a change in that residence owner’s “authorized agent or representative” as required by this Section 5.3. Developer shall be responsible for ensuring that, for the Term of this Agreement, one or more contract(s) shall be in effect at all times which provide opportunities to the residence owners of residential units to have the ability to make their units available for short-term rentals permitted by this Agreement and the CC&Rs. The contract or contracts may, but are not required to, be with an on-site rental management agent. Developer may assign this obligation in accordance with this Agreement. 6. DEFAULT; REMEDIES; DISPUTE RESOLUTION. 6.1 Notice of Default. In the event of failure by either Party substantially to perform any material term or provision of this Agreement, the non-defaulting Party shall have those rights and remedies provided herein, provided that such non-defaulting Party has first provided to the defaulting Party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 6.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than thirty (30) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, such Party shall commence to cure, correct, or remedy such default within such thirty (30) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. 125 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -22- 6.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement; provided, however, that in no event shall City be entitled to consequential, punitive or exemplary damages for any Developer default. For purposes of this Agreement the term “consequential damages” shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 6.3, in the event of a material uncured default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to City’s Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City’s Development Agreement Ordinance or the Development Agreement Act. Notwithstanding anything to the contrary herein, the City agrees that it shall not institute a legal action, terminate, or modify this Agreement under this Section 6.3 to the extent any holder of a mortgage or deed of trust has an unexpired right, pursuant to Section 7.4, to cure or remedy or to commence a cure or remedy of any uncured Developer default. 6.4 Developer’s Exclusive Remedies. The Parties acknowledge and agree that the City would not have entered into this Agreement if it were to be liable for damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Project Approvals (including any CEQA analysis therefor), the Applicable Rules, any anticipated development and use of the Property (including but not limited to the ability to develop and use the Property for the Project and separate legal residential parcels for residential purposes and/or short-term vacation rentals), or any future amendments or enactments thereto. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City for damages or monetary relief (except for attorneys’ fees as provided for by Section 8.22) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Project Approvals, the Applicable Rules, any anticipated development and use of the Property for the Project (including but not limited to the ability to develop and use the Property and separate legal residential parcels for residential purposes and/or short-term vacation rentals), or any future amendments or enactments thereto, or the Project, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of the Property and/or any separate legal parcel or any portion thereof, the Parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer’s sole and exclusive judicial remedies. 7. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE 7.1 Encumbrances on the Project Site. This Agreement shall not prevent or limit Developer from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and 126 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -23- leaseback arrangement, or any other form of conveyance in which the Property, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a “Mortgage”) securing financing with respect to the construction, development, use or operation of the Project. 7.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof or any improvements thereon by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a “Mortgagee”) [whether pursuant to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 7.3 Mortgagee Not Obligated, Request for Notice of Default on Mortgage. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that (i) the Mortgagee shall have no right to develop or operate the Property or Project, or any portion thereof without the written consent of the City, and (ii) to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof by Mortgagee shall continue to be a condition precedent to the City’s performance hereunder. Any Mortgagee that intends to take possession of or intends to acquire title to the Property, or any purchaser that intends to take possession of or intends to acquire the Property at a foreclosure sale or as a recipient of a deed-in-lieu of foreclosure resulting from a Mortgage held by a Mortgagee, shall have the right, at such party’s election, to develop and operate the Property pursuant to this Agreement, provided that such Mortgagee, purchaser or recipient shall (i) no later than ninety (90) days prior to taking possession of, or acquiring title to, the Property, deliver written notice to the City that such Mortgagee, purchaser, or recipient intends to take possession of or acquire title to the Property, and such written notice includes its contact information for notices to be delivered pursuant to this Agreement, (ii) such Mortgagee, purchaser, or recipient assumes in writing the obligations of Developer under this Agreement with respect to the Property arising from and after the date of possession or acquisition of title, as applicable, pursuant to an Assignment and Assumption Agreement, and (iii) such Mortgagee, purchaser, or recipient, as applicable, received written consent of City to develop or operate the Property or Project or any portion thereof. Furthermore, if any Mortgagee that takes possession of or acquires title to the Property does not elect in writing to assume the obligations of Developer under this Agreement, such Mortgagee shall have no rights under this Agreement. Developer may assign its rights, obligations, and duties under this Agreement to a Mortgagee pursuant to Section 1.8 of this Agreement. In the event any Mortgagee delivers to Developer (or authorized transferee) a notice of default under any Mortgage recorded against the Property or Project (or any portion thereof), Developer shall deliver to City, no later than five (5) business days after receipt by Developer, a copy of said notice of default from the Mortgagee. Failure by Developer to cure, pursuant to any Mortgage from which the notice of default from Mortgagee had been issued, may be deemed by 127 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -24- City to be a default by Developer under this Agreement; provided, however, that such default by Developer for failure to perform under any Mortgage shall not defeat any rights and remedies that said Mortgagee may have under the Mortgage or as set forth in this Agreement. The preceding sentence does not apply to the mortgage of an owner who is a bone fide purchaser for value of the fee interest or long-term ground lease of One of the Properties, including, without limitation, a mortgage in connection with that owner’s loan to purchase the fee interest or long-term ground lease of the residential (numbered) lot, or to refinance same, or for a home equity loan. Additionally, City shall have the right to execute and record a Request for Notice of Default substantially in the form and as authorized pursuant to California Civil Code Section 2924b (or successor provision) (“Request for Notice of Default”), and Developer shall have the obligation to deliver to City written notice of any Mortgagee with a Mortgage recorded against the Property or Project (or any portion thereof) within five (5) business days of recording of said Mortgage. Developer shall have the obligation to cooperate with City to facilitate the execution, notarizing, and recording of any Request for Notice of Default pursuant to this paragraph. 7.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. With respect to any mortgage or deed of trust granted by Developer, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Project or any component of the Project, Developer shall at the same time deliver a copy of such notice or demand to each holder of record of any Mortgage or Mortgagee which has previously requested such notice in writing. Each such holder shall (insofar as the rights granted by City are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the Mortgage debt and the lien of its Mortgage. It is understood that a holder of the Mortgage shall be deemed to have satisfied the sixty (60) daytime limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Property or Project (or portion thereof) if and to the extent any such holder has within such sixty (60) day period commenced proceedings to obtain title and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default in accordance with this Agreement. City agrees that each holder of a mortgage or deed of trust encumbering the Property that has rights under this Section 7.4 shall be entitled to exercise such rights without the requirement of obtaining the written consent of City. Furthermore, if requested in writing by any holder of record of any Mortgage or Mortgagee, then whenever City delivers a written notice of default to Developer under this Agreement, City shall deliver a copy of such notice to each holder of record of any Mortgage or Mortgagee that has previously requested such notice in writing no later than three (3) business days after said notice is delivered to Developer. 8. MISCELLANEOUS 8.1 Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice (“Notice”) which either Party may desire to give to the other Party under this Agreement must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same-day or overnight 128 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -25- messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice. To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Clerk With a copy to: Rutan & Tucker, LLP 18575 Jamboree Road, 9th Floor Irvine, California 92612 Attn: William H. Ihrke To Developer: Desert Luxury Properties LLC 72877 Dinah Shore Dr., Ste. 103 Rancho Mirage, California 92270 Attn: Claudio Bravo With copies to: Nethery/Mueller/Olivier LLP 41750 Rancho Las Palmas Dr. Suite H-1 Rancho Mirage, CA 92270 Attn: Daniel Olivier Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Majeure. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a “Force Majeure”): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority imposed or mandated by other governmental entities; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Party; or acts or failures to act of any public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City), or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run 129 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -26- from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Property, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties, any subsequent owner of all or any portion of the Project or the Property, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Property. 8.4 Independent Entity. The Parties acknowledge that, in entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the Parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third-party beneficiary under this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Property for the benefit thereof, and for the benefit of City, and the burdens and benefits hereof shall bind and inure to the benefit of each of the Parties hereto and all successors in interest to the Parties hereto for the term of this Agreement. 8.7 Non-liability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of City. 130 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -27- 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C . §§ 12101, et seq.). 8.9 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.10 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties. 8.11 Cooperation in Carrying Out Agreement. Each Party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder. 8.12 Estoppel Certificate. Either Party may, at any time, deliver written notice to any other Party requesting such Party to certify in writing that, to the best knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A Party receiving a written request hereunder shall execute and return such requested certificate within twenty (20) days following receipt of such request. The form of the requested estoppel certificate shall be reasonably approved by the receiving party. The City Manager is authorized to sign and deliver an estoppel certificate on behalf 131 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -28- of City. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.13 Construction. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.14 Recordation. This Agreement shall be recorded with the Recorder’s Office at Developer’s cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.15 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.16 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.17 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, with the exception of Exhibit E by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto with the exception of Exhibit E, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.18 Exhibits. Exhibits A -D to which reference is made in this Agreement are deemed incorporated herein in their entirety, whether or not such exhibits are attached hereto in full. Exhibits E and F are attached for reference purposes only and is not incorporated herein. Said exhibits are identified as follows: A Legal Description of the Property 132 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -29- B Site Map C. Compliance Certificate D. Performance Schedule E. Chapter 3.25 of the La Quinta Municipal Code (for reference purposes only) F. Example Title Insurance Policy Terms Showing Common Area Lettered- Lots in Tract Map Covered Under Numbered-Lot Owner Policy, To Assist with Compliance with Section 1.8.4 (for reference purposes only) 8.19 Counterpart Signature Pages. For convenience the Parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.20 Authority to Execute; Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its covenants and obligations set forth in this Agreement. City warrants and represents that the person or persons executing this Agreement on its behalf have been duly authorized to execute this Agreement and bind City to all covenants and obligations set forth in this Agreement. 8.21 City Approvals and Actions. Whenever a reference is made in this Agreement to an action or approval to be undertaken by City, or for any amendment, interpretation, or implementing documents required under this Agreement, the City Manager or his or her authorized designee is authorized to act on behalf of City unless specifically provided otherwise in this Agreement or the law otherwise requires. 8.22 Governing Law; Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by either Party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the Parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and 133 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -30- shall be effective whether served inside or outside of California. In the event of any action between the Parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing Party in such litigation shall be awarded, in addition to such relief to which such Party is entitled, its reasonable attorney’s fees, expert witness fees, and litigation costs and expenses. 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker ’s fees, or finder’s fees which may accrue by means of this Agreement and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. [signatures on next page] 134 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT -31- IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date. “DEVELOPER” DESERT LUXURY PROPERTIES LLC, a California limited liability company By: Its: “CITY” CITY OF LA QUINTA, a California municipal corporation By: ___________________________ Name: Jon McMillen Title: City Manager ATTEST: Monika Radeva City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP William H. Ihrke City Attorney 135 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT 698/015610-0183 21420197.1 a11/05/24 EXHIBIT A EXHIBIT “A” LEGAL DESCRIPTION OF PROPERTY [attached] 136 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT 698/015610-0183 21420197.1 a11/05/24 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LA QUINTA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOTS 1 THROUGH 14, INCLUSIVE OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 2: AN EASEMENT FOR “PRIVATE USE” FOR THE SOLE BENEFIT OF THE LOT OWNER(S) AND INDICATED AS “PRIVATE STREET” OVER LOT “A” OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 3: AN EASEMENT FOR “PRIVATE USE” FOR THE SOLE BENEFIT OF THE LOT OWNER(S) AND INDICATED AS “LANDSCAPE” OVER LOTS “C” THROUGH “F” OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 4: AN EASEMENT FOR “PRIVATE USE” FOR THE SOLE BENEFIT OF THE LOT OWNER(S) AND INDICATED AS “DRAINAGE AND RETENTION PURPOSES” OVER LOT “G” OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 777-470-001 THROUGH 777-470-014 137 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT 698/015610-0183 21420197.1 a11/05/24 EXHIBIT B EXHIBIT “B” SITE MAP (Vicinity of Project) [continued on next page] 138 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT 698/015610-0183 21420197.1 a11/05/24 EXHIBIT B SITE MAP (Number Lots and Common Area Street) 139 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT 698/015610-0183 21420197.1 a11/05/24 EXHIBIT C -1- EXHIBIT “C” COMPLIANCE CERTIFICATE (DESERT LUXURY PROPERTIES LLC DEVELOPMENT AGREEMENT) The undersigned, Desert Luxury Properties LLC, a California limited liability company (“Developer”), pursuant to that certain Development Agreement dated _______________, 202_, (the “Development Agreement”), by and between Developer and the City of La Quinta, a California municipal corporation and charter city (the “City”) by its signature below hereby certifies to City, for City’s reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. 4. [CITY MAY INSERT ANY ADDITIONAL CONDITIONS UNDER THE DEVELOPMENT AGREEMENT TO BE SATISFIED PRIOR TO ISSUING BUILDING PERMIT]. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the ______ day of _______________, ______, under penalty of perjury under the laws of California. DESERT LUXURY PROPERTIES LLC, a California limited liability company By: Its: 140 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT 698/015610-0183 21420197.1 a11/05/24 EXHIBIT D -1- EXHIBIT “D” PERFORMANCE SCHEDULE Item of Performance Start Completion TR 31852 Permitting Grading and Engineering Permits Apply by September 30, 2025 Within 90 days of application Building Permits Apply by September 30, 2025 Within 90 days off application Construction of Project Components Construct off-site electrical improvements required by IID to provide electrical service to the Tract September 1, 2026 December 31, 2026 Construct, repair or replace all on-site improvements (finish grade, walls, street, storm drain, water, sewer, dry utilities, and landscaping) October 31, 2025 March 30, 2026 Place monuments October 31, 2025 June 30, 2026 Begin construction of 14 residential units October 31, 2025 Completion of construction of 14 residential units April 30, 2028 Obtain Certificate of Occupancy for 14 residential units April 30, 2028 July 1, 2028 141 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT 698/015610-0183 21420197.1 a11/05/24 EXHIBIT E EXHIBIT “E” CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE AS OF EFFECTIVE DATE (for reference only) [to be attached] 142 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT 698/015610-0183 21420197.1 a11/05/24 EXHIBIT F EXHIBIT “F” Example Title Insurance Policy Terms and Conditions (for reference only) [Example Title Insurance Policy Terms Showing Common Area Lettered-Lots in Tract Map Covered Under Numbered-Lot Owner Policy, To Assist with Compliance with Section 1.8.4] [attached] 143 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT 698/015610-0183 21420197.1 a11/05/24 EXHIBIT F ______________________ Title Insurance Company SCHEDULE A This is a [ Pro Forma ] Policy. It does not reflect the present state of the Title and is not a commitment to (i) insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written undertaking on appropriate forms of the Company. Name and Address of Title Insurance Company: ________ Title Company, [ ADDRESS ] Address Reference: Lots 1 thru 14, Tract 31852, La Quinta, CA Amount of Insurance: $___________ Premium: $____________ Date of Policy: ___________ 1. Name of Insured: [ Owner of Property ] 2. The estate or interest in the Land that is insured by this policy is: A FEE as to PARCEL 1; EASEMENT as to PARCELS 2, 3 and 4 3. Title is vested in: [ Same as Insured / Owner of Property ] 4. The Land referred to in this policy is described as follows: See Exhibit A attached hereto and made a part hereof. [See next page] 144 DRAFT VERSION PLANNING COMMISSION PUBLIC HEARING DRAFT 698/015610-0183 21420197.1 a11/05/24 EXHIBIT F [ EXHIBIT A to SCHEDULE A ] [ Template Legal Description ] [ Parcel 1 Must Be Modified to Match Property Insured ] THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LA QUINTA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT(s) _______ OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 2: AN EASEMENT FOR “PRIVATE USE” FOR THE SOLE BENEFIT OF THE LOT OWNER(S) AND INDICATED AS “PRIVATE STREET” OVER LOT “A” OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THRO UGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 3: AN EASEMENT FOR “PRIVATE USE” FOR THE SOLE BENEFIT OF THE LOT OWNER(S) AND INDICATED AS “LANDSCAPE” OVER LOTS “C” THROUGH “F” OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 402, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 4: AN EASEMENT FOR “PRIVATE USE” FOR THE SOLE BENEFIT OF THE LOT OWNER(S) AND INDICATED AS “DRAINAGE AND RETENTION PURPOSES” OVER LOT “G” OF TRACT NO. 31852, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 4 02, PAGES 38 THROUGH 41, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN(s): __________________ 145 PLANNING COMMISSION RESOLUTION 2024-XXX EXHIBIT B CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 1 OF 14 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (“City”), its agents, officers, and employees from any claim, action, or proceeding to attack, set aside, void, or annul the approval of this 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. Site Development Permit 2024-0001 shall comply with all applicable conditions and/or mitigation measures for the following related approval: Tentative Tract Map 31852 2. This Site Development Permit shall expire two years after the date of approval unless the permit is established and/or a time extension is granted, per La Quinta Municipal Code Section 9.200.080. 3. In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 4. 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) Design & Development Department – Planning and Building Divisions Riverside Co. Environmental Health Department Coachella Valley Unified School District Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) State Water Resources Control Board SunLine Transit Agency SCAQMD Coachella Valley 146 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 2 OF 14 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 improvement plans for City approval. 5. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. 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 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 part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant’s SWPPP 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. 147 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 3 OF 14 D. All erosion and sediment control BMPs on an Erosion Control Plan proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The inclusion in the Homeowners’ Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post-construction BMPs as required. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate, amend and/or modify Development Agreement 2024-0001, including if Developer requests implementing agreements or documents relating to the Development Agreement. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 10. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 148 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 4 OF 14 11. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development, not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 12. 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. 13. The applicant shall retain for private use all private 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. 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. 14. 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). 15. The following improvement plans shall be prepared and submitted for review and approval by the Public Works 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 that the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Off-Site Street Improvements Plan 1" = 40' Horizontal, 1"= 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On-Site Street Improvements/Signing & Striping 1" = 40' Horizontal, 1"= 4' Vertical 149 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 5 OF 14 C. On-Site Rough Grading / Storm Drain Plans 1” = 40’ Horizontal D. PM-10 Plan 1” = 40’ Horizontal E. Erosion Control Plan 1” = 40’ Horizontal F. Final WQMP (Plan submitted in Report Form) NOTE: A through F to be submitted concurrently (Separate Storm Drain Plans if applicable) G. On-Site Residential Precise Grading Plan 1" = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. “On-Site Precise Grading” plan is required to be submitted for approval by the Building Official, Planning Manager, and the City Engineer. 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 City Engineer. Grading plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1 foot of cover or sufficient cover to clear any adjacent obstructions. “On-Site Precise Grading Plan” 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 accessible requirements. 16. The City maintains standard plans, detail sheets, and/or construction notes for elements of construction, which can be accessed via the Public Works Development “Plans, Notes and Design Guidance” section of the City website (www.laquintaca.gov). Please navigate to the Public Works home page and look for the Standard Drawings hyperlink. 17. 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 150 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 6 OF 14 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 (EOR) during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the EOR may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 18. Prior to grading permit issuance, the applicant shall furnish a fully secured and executed Subdivision Improvement Agreement (“SIA”) guaranteeing the construction of such on-site and off-site improvements and the satisfaction of its obligations for same related to this Site Development Permit, Tract Map, and Development Agreement. 19. Any Subdivision Improvement Agreement (“SIA”) entered into by and between the applicant and the City of La Quinta for the purpose of guaranteeing the completion of any improvements related to this Site Development Permit, Tract Map, and Development Agreement shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 20. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements and shall provide for the setting of the final survey monumentation. When improvements are phased through a “Phasing Plan” or an administrative approval (e.g., Site Development Permits), all off-site improvements and common on-site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping, and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed or secured through an SIA prior to the completion of homes or the occupancy of permanent buildings within such latter phase or as otherwise approved by the City Engineer. 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 151 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 7 OF 14 approved phasing plan, the City shall have the right to halt the issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 21. Depending on the timing of the development of this Site Development Permit and the status of the off-site improvements at the time, the applicant may be required to: A. Construct certain off-site improvements. B. Construct additional off-site improvements, subject to reimbursement of costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this site development permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off-site improvements should be completed on a first-priority basis. The applicant shall complete Off-Site Improvements in the first phase of construction or by the issuance of the 20% Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 22. For the Subdivision Improvement Agreement (“SIA”), the applicant shall submit detailed construction cost estimates for all proposed on-site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant’s detailed cost estimates. 23. Should the applicant fail to construct the improvements for the development or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt the issuance of building permits and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 152 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 8 OF 14 GRADING 24. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 25. 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. 26. 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 a professional registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16 (Fugitive Dust Control), and D. An Erosion Control Plan with Best Management Practices prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A Final WQMP prepared by an authorized professional registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report and shall be certified as being adequate by a soil engineer or engineering geologist registered in the State of California. The applicant shall furnish security in a form acceptable to the City and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 27. 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. 153 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 9 OF 14 28. 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. 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 the 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. 29. Building pad elevations on the rough grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the preliminary grading plan unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 30. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above-stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties, and neighboring owner dissatisfaction with the grade differential. 31. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5’) from the elevations shown on the approved Site Development Permit Preliminary Grading Plan, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 32. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot of pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over-excavation documentation. 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. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 33. Stormwater handling shall conform with the approved hydrology and drainage report for Tract Map 31852. Nuisance water shall be disposed of in an approved manner. 154 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 10 OF 14 34. 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 100- year storm 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. 35. 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. 36. In the 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. 37. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on-site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for the development of this property. 38. No fence or wall shall be constructed around any retention basin unless approved by the Design and Development Director and the City Engineer. 39. 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. 40. 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). 41. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 155 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 11 OF 14 42. 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. 43. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 44. 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 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction, and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project-specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 45. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 46. 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. 156 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 12 OF 14 47. Existing overhead utility lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. All existing utility lines attached to joint-use 92 KV transmission power poles are exempt from the requirement to be placed underground. 48. Underground utilities shall be installed prior to the 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. CONSTRUCTION 49. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings, and street name signs. If on-site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 50. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 51. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. 52. All new 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). 53. The applicant shall submit final landscape plans for review, processing, and approval to the Design and Development Department in accordance with the Final Landscape Plan application process. Design and Development Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Director determines extenuating circumstances exist which justify an alternative processing schedule. 157 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 13 OF 14 NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Design and Development Director. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Design and Development Department with a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during the final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission’s approval, the Design and Development Director shall review and approve any such revisions to the landscape plan. MAINTENANCE 54. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 55. The applicant shall make provisions for the continuous and perpetual maintenance of common areas, perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. 56. The applicant shall comply with Development Agreement 2024-0001 (see, e.g., Section 3.1 therein) with respect to the timing of, and preparation, review, and approval by the City and other state regulatory authorities, a declaration of covenants, conditions, and restrictions (CC&Rs) to ensure compliance of Conditions of Approval No. 54 and 55 (above) by a duly formed homeowners association; the applicant shall ensure full compliance with the requirements of the Davis-Stirling Act to ensure that the Project constitutes a “planned development” as defined in California Civil Code Section 4175 (or successor provision) pursuant to the Davis- Stirling Act, which, among other requirements, shall require the recording by Developer of CC&Rs that, at a minimum, meets the requirements of a “declaration” as defined and described in the Davis-Stirling Act and to memorialize specified conditions of approval that are part of the Project Approvals. FIRE DEPARTMENT 57. Fire Apparatus Access and Water Supply: Prior to building permit issuance for new construction, an inspection of the fire hydrant system shall be performed, and construction of the access road shall be confirmed. 58. Driveway Gate Access: All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. 158 PLANNING COMMISSION RESOLUTION 2024-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES ADOPTED: PAGE 14 OF 14 59. 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 be approved prior to installation. Reference CRC 313.2 FEES AND DEPOSITS 60. 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). 61. 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 an application for plan check and permits. 159 Vicinity Map SDP2024-0001 DA2024-0001 Bravo Estates ATTACHMENT 1 160 ATTACHMENT 2 FINDINGS Site Development Permit 2024-0001 1. The proposed development is consistent with the General Plan land use designation of Very Low Density Residential. The project consists of high- quality design that complements and enhances the City. 2. The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code, in terms of architectural style and landscaping. The project design utilizes varying roof lines and wall depths, along with a complementary color palette. 3. The Design and Development Department has determined that this project has been previously studied under, and is consistent with, Environmental Assessment 2003-495, and no further environmental review is required. 4. The architecture and layout of the project are compatible with, and not detrimental to, the existing surrounding residential land uses and are consistent with the development standards in the Municipal Code. 5. The site design of the project is compatible with surrounding development and with the quality of design prevalent in the city. 6. The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. The landscape palette is consistent with the City’s drought-tolerant landscaping requirements. Development Agreement 2024-0001 1. The Development Agreement is consistent with the applicable objectives, policies, general land uses, and programs of the La Quinta General Plan as follows: a. Policy LU-6.3: Support and encourage the expansion of the resort industry as a key component of the City’s economic base. b. Policy LU-3.1: Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern. c. Goal ED-1: A balanced and varied economic base serving both the City’s residents and the region. d. Goal ED-2: The continued growth of the tourism and resort industries in the City. 2. The Development Agreement is compatible with the uses authorized and the regulations prescribed for the land use district in which the real property is located. The properties are available and must be used for residential purposes, and may 161 be the residents’ primary residence or secondary residences, and/or may be used for short-term vacation rentals, which residential use is consistent with the permissible uses of the land use district the property is located in. This is appropriate for the area, given the proximity to surrounding residential and polo fields to the east of Madison Street. 3. The Development Agreement is in conformity with the public necessity, public convenience, general welfare, and good land use practices. The project may be used as residences, which is consistent with the surrounding area and extends residential development along Madison Street in the project area. 4. The Development Agreement will not be detrimental to the health, safety, and general welfare. The project may be used as residences, which is consistent with the surrounding area. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that it facilitates the development of high-quality homes and extends residential development along Madison Street in the project area. 6. The Development Agreement will have a positive fiscal impact on the City in that implementation of the Development Agreement will produce revenues through payment of certain development impact fees, increased property taxes, and transient occupancy taxes when units are rented on a short-term basis. 162 ATTACHMENT 3 PROJECT INFORMATION CASE NUMBER: SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 REQUEST: CONSIDER RESOLUTIONS RECOMMENDING CITY COUNCIL APPROVAL OF A SITE DEVELOPMENT PERMIT TO CONSTRUCT 14 SINGLE-FAMILY RESIDENTIAL UNITS AND A DEVELOPMENT AGREEMENT TO ESTABLISH THE RESPONSIBILITIES OF THE DEVELOPER FOR BRAVO ESTATES (TTM 31852) LOCATION: APNs: 777-470-001 THROUGH -014 CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS CONSISTENT WITH THE MITIGATED NEGATIVE DECLARATION PREPARED FOR TENTATIVE TRACT MAP 31852 AND ENVIRONMENTAL ASSESSMENT 2003-495, WHICH WAS ADOPTED BY THE LA QUINTA CITY COUNCIL ON AUGUST 17, 2004, VIA COUNCIL RESOLUTION NO. 2004-098. GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL ZONING DESIGNATION: VERY LOW DENSITY RESIDENTIAL WITH AN EQUESTRIAN OVERLAY SURROUNDING ZONING/ LAND USES: NORTH: VERY LOW DENSITY RESIDENTIAL WITH AN EQUESTRIAN OVERLAY/ EXISTING SINGLE-FAMILY HOME SOUTH: LOW DENSITY RESIDENTIAL / HIDEAWAY COUNTRY CLUB EAST: CITY OF INDIO / EMPIRE POLO GROUNDS WEST: VERY LOW DENSITY RESIDENTIAL WITH AN EQUESTRIAN OVERLAY / LA QUINTA POLO ESTATES 163 From:Ty Thomas To:Siji Fernandez Subject:Common Area Parcels/Lettered Lots TRACT NO. 31852 LaQuinta City Date:Tuesday, May 7, 2024 4:50:31 PM You don't often get email from ronethomas11@gmail.com. Learn why this is important ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Dear Siji, Thank you for taking my phone call today and thank you for updating me on the status of Subdivision Tract no. 31852 in LaQuinta City. My name is Ty Thomas and I am a member of Eagle Mountain Investors, LLC in Utah. Our LLC is currently not registered in California but I wanted to provide the information in this letter to you in your capacity as a City Planner and would like this letter to be considered while the City Staff reviews the latest Land Use Application and Development Plan for Tract No. 31852. By way of some background concerning Eagle Mountain Investors, LLC's ownership of Common area parcels/Lettered Lots included in Tract No.31852. In late 2012 Eagle Mountain investors got a judgement against the Rindlesbach Construction Inc. Profit Sharing Plan. The Profit Sharing Plan was the original owner and developer of Tract No 31852. Hastily, one month after Tract No.31852 was created the PSP sold lots 1-14 to a Utah based LLC. A grant deed was recorded June 6, 2006. In the grant deed transferring lots 1-14 there was no mention of the Lettered Lots no mention of the Development agreement or even any development rights. The PSP was recklessly liquidating assets, The new owner got 14 parcels of ground in an unfinished, incomplete subdivision. It was our analysis that under the circumstances the !4 numbered, building lots were worthless without the lettered lots and vice versa, the Common area lettered lots needed the buildable, numbered lots in order to complete the original development. Eagle Mountain Investors, LLC Did a Judicial Forclosure on all parcels in Tract No. 31852 that were in the ownership of the Pension Plan. There was a Sheriff sale and a deed issued with a lengthy Legal Description. The recording number 2022-0345662. Recorded August 4,2022. It is our belief that in the development process of Tract No. 31852 the lettered lots would eventually need to be included in the formation of a" Home Owners Association" and the HOA would need to own them, where they could be properly use and maintained them for the benefit of the owners. I'm Sure that that is the original intent. It would be a mistake to structure the existing situation with "Easements" over other peoples property. Its unfortunate that Tract No. 31852 lost its way and has sat in the blighted and abandon condition that it is in. We have talked to numerous past owners and worked towards resolutions. The current owner and applicant, Knew the situation concerning ownership of tract No. 31852 before purchase. We are still willing sellers.... lets do this right. Thanks' Ty Thomas ATTACHMENT 4 164 Construction:R3-UOccupancy: Zoning:R-E Residential DistrictNon-RatedType VB,Conceptual Site RenderingA1.1Conceptual RenderingA2.1All construction shall comply with the 2022 California Building,Mechanical, Electrical, Plumbing, and 2008 Energy Codes and theLa Quinta Municipal Code.A Residential DevelopmentStructural Engineering:2022 California Building CodeCodes Used:2022 California Energy Code2022 California Residential Code2022 California Plumbing Code2022 California Mechanical Code2022 California Electrical Code2022 California Green Building Code2022 California Fire CodeTRACT 31852 MB 402/38-41All "or equal" substitutions must be submitted to, and approved by the Building Official prior to installationof the item.The developer / contractor / owner is responsible for the verification of existing curb location (or edge ofstreet paving if no curbs exist) from property line(s) with the Public Works Department.Submittal documents for deferred submittal items shall be submitted to the registered design professionalin responsible charge, who shall review them an forward them to the building official with a notationindicating that the deferred documents have been reviewed and that they have been found to be ingeneral conformance with the design of the building. The deferred items shall NOT be installed until theirdesign and documents have been approved by the building official.forOwners :DESERT LUXURY PROPERTIES, LLC 72670 FRED WARING DRIVE PALM DESERT, CA 92260 Rodolfo LizardeContact: Rodolfo Lizarde74350 Goleta AvenuePalm Desert, CA 92260(760) 285-2027Civil Engineer:Fomotor EngineeringContact: Phillip Fomotor225 S. Civic Drive, Suite 1-5Palm Springs, CA 92262(760) 323-1842Landscape Design:Ray Martin Design Corp.Contact: Ray Martin78060 Calle Estado Suite #16(760- 698-9696Conceptual Architectural Site PlanA1.0Truss Calculations & Fire sprinkler SystemLot 1 - Elevations1-A3.0Design:Conceptual RenderingsLot 1 - Floor PlanLot 1 - Roof PlanA2.01-A2.01-A6.0Bravo Estatesat NWC OF 52ND AVENUE & MADISON STREETRODOLFO LIZARDE Site Entry RenderingA1.2Color & Materials - EntryA1.3Conceptual RenderingA2.2Conceptual RenderingA2.3Site PicturesA2.4Site PicturesA2.5Lot 11 - Elevations11-A3.0Lot 12 - Roof Plan12-A6.0Precised Grading PlanSHEET 1Lot 11 - Floor Plan11-A2.0Preliminary Landscape PlanP-1Lot 14 - Roof Plan14-A6.0Lot 12 - ElevationsLot 14 - ElevationsPreliminary Landscape Site Plan12-A3.014-A3.0SPPreliminary Landscape PlanP-3Preliminary Lighting PlanL-1Lot 11 - Roof Plan11-A6.0Lot 12 - Floor Plan12-A2.0Lot 13 - Floor Plan13-A2.0Lot 13 - Elevations13-A3.0Lot 13 - Roof Plan13-A6.0Lot 14 - Floor Plan14-A2.0Preliminary Lighting PlanL-2Lighitng DetailsL-3Lot 2 - Elevations2-A3.0Lot 2 - Floor PlanLot 2 - Roof Plan2-A2.02-A6.0Lot 3 - Elevations3-A3.0Lot 3 - Floor PlanLot 3 - Roof Plan3-A2.03-A6.0Lot 4 - Elevations4-A3.0Lot 4 - Floor PlanLot 4 - Roof Plan4-A2.04-A6.0Lot 5 - Elevations5-A3.0Lot 5 - Floor PlanLot 5 - Roof Plan5-A2.05-A6.0Lot 6 - Elevations6-A3.0Lot 6 - Floor PlanLot 6 - Roof Plan6-A2.06-A6.0Lot 7 - Elevations7-A3.0Lot 7 - Floor PlanLot 7 - Roof Plan7-A2.07-A6.0Lot 8 - Elevations8-A3.0Lot 8 - Floor PlanLot 8 - Roof Plan8-A2.08-A6.0Lot 9 - Elevations9-A3.0Lot 9 - Floor PlanLot 9 - Roof Plan9-A2.09-A6.0Lot 10 - Elevations10-A3.0Lot 10 - Floor PlanLot 10 - Roof Plan10-A2.010-A6.0Color & Materials - HousesA1.3SHEET 2 Precised Grading Plan Lot 1SHEET 3 Precised Grading Plan Lot 2SHEET 4 Precised Grading Plan Lot 3SHEET 5 Precised Grading Plan Lot 4SHEET 6 Precised Grading Plan Lot 5SHEET 7 Precised Grading Plan Lot 6SHEET 8 Precised Grading Plan Lot 7SHEET 9 Precised Grading Plan Lot 8SHEET 10 Precised Grading Plan Lot 9SHEET 11 Precised Grading Plan Lot 10SHEET 12 Precised Grading Plan Lot 11SHEET 13 Precised Grading Plan Lot 12SHEET 14 Precised Grading Plan Lot 13SHEET 15 Precised Grading Plan Lot 14ATTACHMENT 5165 RODOLFO LIZARDEConceptual Architectural Site Plan166 RODOLFO LIZARDEConceptual Site Rendering167 RODOLFO LIZARDESite Entry Rendering168 RODOLFO LIZARDE Color & Materials BoardPerimeter Walls and Exterior WallsLa Habra StuccoColor Coat / Base 100 - Crystal WhiteX-50 (79)Perimeter ColumnsLa Habra StuccoTuxedo3033L (12)169 RODOLFO LIZARDEColor & Materials BoardPerimeter Walls and Exterior WallsLa Habra StuccoColor Coat / Base 100 - Crystal WhiteX-50 (79)Window FramesMilgardBronze AnodizedGarage DoorsLUX Garage DoorsContemporary Black Aluminum &White Laminate (Privacy) Glass170 RODOLFO LIZARDE Conceptual RenderingsConceptual Renderings171 RODOLFO LIZARDE Conceptual RenderingsConceptual Renderings172 RODOLFO LIZARDE Conceptual RenderingsConceptual Renderings173 RODOLFO LIZARDE Conceptual RenderingsConceptual Renderings174 RODOLFO LIZARDE Site PicturesSite Pictures175 RODOLFO LIZARDESite Pictures176 RODOLFO LIZARDE 177 RODOLFO LIZARDE 178 RODOLFO LIZARDE 179 RODOLFO LIZARDE 180 RODOLFO LIZARDE 181 RODOLFO LIZARDE 182 RODOLFO LIZARDE 183 RODOLFO LIZARDE 184 RODOLFO LIZARDE 185 RODOLFO LIZARDE 186 RODOLFO LIZARDE 187 RODOLFO LIZARDE 188 RODOLFO LIZARDE 189 RODOLFO LIZARDE 190 RODOLFO LIZARDE 191 RODOLFO LIZARDE 192 RODOLFO LIZARDE 193 RODOLFO LIZARDE 194 RODOLFO LIZARDE 195 RODOLFO LIZARDE 196 RODOLFO LIZARDE 197 RODOLFO LIZARDE 198 RODOLFO LIZARDE 199 RODOLFO LIZARDE 200 RODOLFO LIZARDE 201 RODOLFO LIZARDE 202 RODOLFO LIZARDE 203 RODOLFO LIZARDE 204 RODOLFO LIZARDE 205 RODOLFO LIZARDE 206 RODOLFO LIZARDE 207 RODOLFO LIZARDE 208 RODOLFO LIZARDE 209 RODOLFO LIZARDE 210 RODOLFO LIZARDE 211 RODOLFO LIZARDE 212 RODOLFO LIZARDE 213 RODOLFO LIZARDE 214 RODOLFO LIZARDE 215 RODOLFO LIZARDE 216 RODOLFO LIZARDE 217 RODOLFO LIZARDE 218 1" = 40'-0"SITE PLANSITE PLAN SP-1 LA QUINTA, CA 92253 BRAVO ESTATES78-060 Calle Estado Suite #16 La Quinta, California 92253 (760) 698-9696 RAY@RAYMARTINDESIGN.COM RAY MARTIN DESIGN CORP. Landscape Design / Management NORTH RMDCTHESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OFRAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED ORALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUTTHE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.BRAVO ESTATES CVWD NOTATION: NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS. CVWD WILL NOT BE RESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE IMPROVEMENTS, INCLUDED BUT NOT LIMITED TO, DECORATIVE CONCRETE, LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES AND RELATED IMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS. NO TREES TO BE LOCATED WITHIN 15 FEET OF CVWD IRRIGATION, SEWER AND WATERLINES BRAVO ESTATES TENTATIVE TRACT NO. 31852 APNS: 777-470-001 THRU 777-470-014 TOWNSHIP / RANGE: T6 SR 7E SEC 4 SE 0 GRAPHIC SCALE 40 80 160 1" = 40'-0" LOW WATER USING PLANTS-ETWU. = 64.00 x .2 x 5,315 x .62 / 748 / .9 = 62.66 TOTAL ESTIMATED WATER USE = 101.71 MAXIMUM ALLOWABLE WATER USEAGE = 64.00 x .45 x 10,230 x .62 / 748 = 244.21 MODERATE WATER USING PLANTS-ETWU. = 64.00 x .5 x 1,325 x .62 / 748 / .9 = 39.05 SOUTH OF AVENUE 50, LA QUINTA NON-IRRIGATED LANDSCAPE AREA (D.G. ONLY)- 3,590 SQFT. CVWD WATER CALCULATIONS - ZONE 3 PRELIMINARY ESTIMATED FRONTAGE MAX WATER USE 219 SITE KEY MAP - N.T.S.LA QUINTA, CA 92253BRAVO ESTATES78-060 Calle Estado Suite #16La Quinta, California 92253(760) 698-9696RAY@RAYMARTINDESIGN.COMRAY MARTIN DESIGN CORP.Landscape Design / ManagementNORTHRMDC THESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.BRAVO ESTATESCVWD NOTATION:NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS.CVWD WILL NOT BE RESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACEIMPROVEMENTS, INCLUDED BUT NOT LIMITED TO, DECORATIVE CONCRETE,LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES AND RELATEDIMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.NO TREES TO BE LOCATED WITHIN 15 FEET OF CVWDIRRIGATION, SEWER AND WATERLINESBRAVO ESTATESTENTATIVE TRACT NO. 31852APNS: 777-470-001 THRU 777-470-014TOWNSHIP / RANGE: T6 SR 7E SEC 4 SE1" = 30'-0"PRELIMINARY LANDSCAPE PLANPRELIMINARY LANDSCPE PLANP-10GRAPHIC SCALE30 601201" = 30'-0"MATCHLINE: SEE P-2MATCHLINE: SEE P-2LIMIT OF WORKLIMIT OF WORKLIMIT OF WORK LIMIT OF WORK LIMIT OF WORK LOW WATER USING PLANTS-ETWU. = 64.00 x .2 x 5,315 x .62 / 748 / .9 = 62.66TOTAL ESTIMATED WATER USE = 101.71MAXIMUM ALLOWABLE WATER USEAGE = 64.00 x .45 x 10,230 x .62 / 748 = 244.21MODERATE WATER USING PLANTS-ETWU. = 64.00 x .5 x 1,325 x .62 / 748 / .9 = 39.05SOUTH OF AVENUE 50, LA QUINTAPRELIMINARY ESTIMATED FRONTAGE MAX WATER USENON-IRRIGATED LANDSCAPE AREA (D.G. ONLY)- 3,590 SQFT.CVWD WATER CALCULATIONS - ZONE 3LIMIT OF WORK 220 SITE KEY MAP - N.T.S.LA QUINTA, CA 92253BRAVO ESTATES78-060 Calle Estado Suite #16La Quinta, California 92253(760) 698-9696RAY@RAYMARTINDESIGN.COMRAY MARTIN DESIGN CORP.Landscape Design / ManagementNORTHRMDC THESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.BRAVO ESTATESCVWD NOTATION:NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS.CVWD WILL NOT BE RESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACEIMPROVEMENTS, INCLUDED BUT NOT LIMITED TO, DECORATIVE CONCRETE,LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES AND RELATEDIMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.NO TREES TO BE LOCATED WITHIN 15 FEET OF CVWDIRRIGATION, SEWER AND WATERLINESBRAVO ESTATESTENTATIVE TRACT NO. 31852APNS: 777-470-001 THRU 777-470-014TOWNSHIP / RANGE: T6 SR 7E SEC 4 SE1" = 30'-0"PRELIMINARY LANDSCAPE PLANPRELIMINARY LANDSCAPE PLANP-3MATCHLINE: SEE P-1MATCHLINE: SEE P-10GRAPHIC SCALE30 601201" = 30'-0"LIMIT OF WORKLIMIT OF WORKLIMIT OF WORK LIMIT OF WORKLIMIT OF WORKLOW WATER USING PLANTS-ETWU. = 64.00 x .2 x 5,315 x .62 / 748 / .9 = 62.66TOTAL ESTIMATED WATER USE = 101.71MAXIMUM ALLOWABLE WATER USEAGE = 64.00 x .45 x 10,230 x .62 / 748 = 244.21MODERATE WATER USING PLANTS-ETWU. = 64.00 x .5 x 1,325 x .62 / 748 / .9 = 39.05SOUTH OF AVENUE 50, LA QUINTANON-IRRIGATED LANDSCAPE AREA (D.G. ONLY)- 3,590 SQFT.CVWD WATER CALCULATIONS - ZONE 3PRELIMINARY ESTIMATED FRONTAGE MAX WATER USE221 LIGHTING PLANL-1PALM / SPOT LIGHTREFER TO LIGHTING LEGENDLA QUINTA, CA 92253BRAVO ESTATES78-060 Calle Estado Suite #16La Quinta, California 92253(760) 698-9696RAY@RAYMARTINDESIGN.COMRAY MARTIN DESIGN CORP.Landscape Design / ManagementNORTHRMDC THESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.BRAVO ESTATESBRAVO ESTATESTENTATIVE TRACT NO. 31852APNS: 777-470-001 THRU 777-470-014TOWNSHIP / RANGE: T6 SR 7E SEC 4 SE0GRAPHIC SCALE30 601201" = 30'-0"MATCHLINE: SEE L-2MATCHLINE: SEE L-2LIMIT OF WORKLIMIT OF WORKLIMIT OF WORK LIMIT OF WORK LIMIT OF WORK LIMIT OF WORK PRELIMINARY LIGHTING PLANSITE KEY MAP - N.T.S.1" = 30'-0"222 L-2LA QUINTA, CA 92253BRAVO ESTATES78-060 Calle Estado Suite #16La Quinta, California 92253(760) 698-9696RAY@RAYMARTINDESIGN.COMRAY MARTIN DESIGN CORP.Landscape Design / ManagementNORTHRMDC THESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.BRAVO ESTATESBRAVO ESTATESTENTATIVE TRACT NO. 31852APNS: 777-470-001 THRU 777-470-014TOWNSHIP / RANGE: T6 SR 7E SEC 4 SESITE KEY MAP - N.T.S.MATCHLINE: SEE L-1MATCHLINE: SEE L-10GRAPHIC SCALE30 601201" = 30'-0"LIMIT OF WORKLIMIT OF WORKLIMIT OF WORK LIMIT OF WORKLIMIT OF WORKPALM / SPOT LIGHTREFER TO LIGHTING LEGENDLIGHTING PLANPRELIMINARY LIGHTING PLAN1" = 30'-0"223 N.T.S.LIGHTING DETAILSL-3LA QUINTA, CA 92253BRAVO ESTATES78-060 Calle Estado Suite #16La Quinta, California 92253(760) 698-9696RAY@RAYMARTINDESIGN.COMRAY MARTIN DESIGN CORP.Landscape Design / ManagementNORTHRMDC THESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.BRAVO ESTATESBRAVO ESTATESTENTATIVE TRACT NO. 31852APNS: 777-470-001 THRU 777-470-014TOWNSHIP / RANGE: T6 SR 7E SEC 4 SEPRELIMINARY LIGHTING DETAILS224 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: ODAM ta 5: 30PM May 1st to September 30th: Monday through Friday 6: ODAM to 7: OOPM Work shall be prohibited any time an 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. Na lane closures shall be permitted ar allowed on any City street before 8: 30AM and after 3: 30PM unless authorization ta do so is granted by the City Engineer. 10.All traveled ways must be cleaned daily of all dirt, mud and debris deposited an 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. AVENUE SO / 0I/ .,,,/'F/ c,/ ,fr/�c, f--��/ww .;;, / �'I'/ AVE 51 V) z I 0 I f--V) I www�LL I LL ---' V) w I < �z I f--0 V) I ;':I V) :::, 5I � I k!-�OBSllE I I AVENUE 52 I VICINITY MAP NO SCALE CONSTRUCTION contractor agrees that in accordance with generally accepted construction practices, construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of canst.ruction of the project, including safety of all persons and property; that this requirement shall be made to apply continuously and not be limited to normal working hours, and construction contractor further aggrees to defend, indemnify and hold design professional hlll'mless from any and all liability, real or alleged, in connection with the performance of work on this project, e:z:cepting liability arising from the sole negligence of design professional. • Know what's below. Call before you dig BENCHMARK: BENCHMARK: ELEVATION: 527.941' (NAGD 29+500.00') DESCRIPTION: CHISELID SQUARE ON THE SOUTHEAST WING WALL OF CANAL BRIDGE 18' SOUTH OF AVENUE 50 AND 45' WEST OF MADISON STREET. LOCATION: SOUTHWEST OF THE INTERSECTION OF AVENUE 50 AND MADISON STREET. (lBM EL=507.25' AT SOUTH SOUTHWEST CURB RETURN AT INTERSECTION OF POLO ESTAlES COURT AND MA□ISION STREET). 24"x24" CATCH BASIN (NDS 2400 OR EQUAL) ADD 24"x24" RISERS AS i. NECESSARY. F'INISH GROUN�\ CUT 6"x6" HOLE IN THE BOTTOM OF CA TCH BASIN 24 f3' BUBBLER BOX DETAIL\..!:V NTS FOMOTORENGINEERING 225 S. CIVIC DRIVE, SUITE 1-5PALM SPRINGS, CA. 92262 CITY OF LA QUINT A, CALIFORNIA PRECISE GRADING PLAN POLO ESTATES COURT TRACT NO. 31852 :-----,-----,-----! -----7 !! I \ I I I 11 l .... LOT 4 \ LOT 3 i LOT 2 ! LOT 1 1 I 1 I � ' ' I I -'W,: I , \ I � I '' --_ -:;:;-rI ', ---.. -_1....,1-, .: I: LOT 5 ' ·_..., :,s:f,...' --.,,,.,.-- ------'I r --I\ I�------ LOT6 ----------t LOT13 I LOT 14 : 1· tu I __J'w ---\ ------I i: � I ------\ I 'I CJ) I I I Z LOT 12 I LOT 11 � I : 0 I'I oo _---.t.J -----I Q 1 LOT 7 '" "' �--: I · <(11 /,, - - , -LOT 10 I :i ::i: .r I ._-�� I I· II ,,I ......,.._ I I I / , .......... ___ � 'I r�:--�OT : __ j_, __ :��Ji--����'.� SITE MAP SCALE: 1 "=1 oo· PREPARED BY: DAlE: PHILLIP K. FOMOTOR R.C.E. NO.47284 APP ROVED BY: DAlE: (760) 323-1842 FAX (760 ) 323-1742 BRYAN MCKINNEY, P.E. R.C.E. NO.40419 DATE BY DESCRIPTION APP'D DATE REV ISI ONS GRADING NOTES: APPROVED FOR PERMIT TING: BURT HANADA BUILDING OFFICI AL CITY OF LA QUIN TA DAlE PLANNING AND ZONING COMPLI ANCE: LES JOHNSON DATE COMMUNITY DEVELOPMENT DIRECTOR CITY OF LA QUINTA 1.GRADING SHALL BE IN ACCORDANCE WITH THE ENGINEERED GRADING REQUIREMENTS OF THE CALIFORNIA BUILDING CODE, LATEST EDITION, AND SOILS REPORT, NO LP14129. , DATED: 12-30-14 , PREPARED BY: LANDMARK , TELEPHONE NO. (760) 360-0665 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"0N 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 2'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. OWNER /DEVELOPER: DESERT LUXURY PROPERTIES, LLC 72670 FRED WARING DRIVE PALM DESERT, CA 92260 LOT AREA; AREA -8.4± ACRES BASIS Of BEARINGS; THE BEARINGS SHOWN HEREON ARE BASED ON THE EASlERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 4, ALSO KNOWN AS THE CENTERLINE OF MADISON STREET, BEING N0"10'23"E PER MB 402/38-41. EASEMENT NOJE; THERE MAY BE EASEMENTS OF RECORD DELINEATED AND REFERENCED ON THE UNDERLYING MAP AND/OR TITLE REPORT THAT MAY NOT BE SHOWN HEREON. EXISTING YDW11ES NOJE; A FIELD SURVEY OF VISIBLE SURFACE UTILITIES WAS PERFORMED IN NOVEMBER 2023. RESEARCH OF UTILITY RECORDS IS STILL PENDING. SUBSURFACE UTILITIES MAY EXIST, BUT ARE NOT DENOTED HEREON. FEMA ZONE; ZONE X COMMUNITY PANEL NO. 060709 0001-0010 MAP REVISED: AUGUST 19, 1991 I EGAL DESCRIPTION; TRACT NO. 31852 ON FILE AS MB 402/38-41 INCLUSIVE. LOTS 1 THROUGH 14 INCLUSIVE, APNS: 777-470-001 THROUGH -014 LEGEND: FF FINISH FLOOR ELEVATION FG FINISH GROUND FS FINISH SURFACE GB GRADE BREAK GF GARAGE FLOOR HP HIGH POINT PAD FINISH PAD ELEVATION PA PLANTER AREA PUE PUBLIC UTILITY EASEMENT TC TOP OF CURB 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 E.0. EMERGENCY OVERFLOW EXISTING CONTOUR --------(100)---- PROPOSED CONTOUR----100 --- EXISTING ELEVATION ...... (100.50) FINISHED ELEVATION ....... 101.50 DRAINAGE SWALE ., --- PROPERTY LINE--------it CENTERLINE ------;;_ RIGHT-OF-WAY (R/W) -- - - EXIST. 8"SEWER LINE ---------S8------ EXIST. 8"WATER LINE -------W8-------- EXIST. BLOCK WALL = = = = = RETAINING WALL SCREEN/GARDEN WALL ROOF DRAIN CONNECTION CONCRETE FINISH ' .. 1 .·. '•'• . UNAUTHORIZED CHANGES &: USES: IN THE CITY OF LA QUINTA, CALIFORNIA S H E E TThe engineer preparing these plans will not be responsible for, or liable for, unauthorized changes to or uses of these plans. All changes to the plans must be in writing and must be approved by the pre parer of these plans. DRAWN DAN SCALE 1"=10' DESIGNED JOB NUMBER DAN CH ECKED DATE JHH FOR: PRECISE GRADING PLAN LOTS 1-14 lRACT MAP 31852 M.B. 402/38-41COVER SHEETIN SEC. 4, T.6S, R.73, S.B.M. BRAVO ESTA TES 1 OF 15 SHEETS DWG. NAME FILE NO. 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 Fiscal Impact Analysis Polo Estates 14 La Quinta, CA April 30, 2024 Prepared By: ATTACHMENT 6 240 Glossary of Defined Terms and Acronyms Budget City of La Quinta Annual Operating Budget for Fiscal Year 2023-24. City City of La Quinta. Developer Desert Luxury Properties, LLC. DPFG Development Planning & Financing Group. FIA Fiscal Impact Analysis General Fund City of La Quinta General Fund. Proposed Project Polo Estates 14. State State of California. TRA Tax Rate Area. 241 Table of Contents Page 1. Introduction .................................................................................................................... 1 2. Purpose of Fiscal Impact Analysis ................................................................................... 1 3. FIA Executive Summary ................................................................................................... 1 4. FIA Limiting Conditions ................................................................................................... 2 5. General Sources of Information and Methodology Used ............................................... 2 6. FIA Recurring Revenues .................................................................................................. 2 6.1 Case Study Method .................................................................................................... 2 6.1.1 Property Tax ........................................................................................................ 3 6.1.2 Sales and Use Tax ................................................................................................ 3 6.1.3 Measure G Sales Tax ........................................................................................... 4 6.1.4 Property Transfer Tax .......................................................................................... 4 6.1.5 Transient Occupancy Tax .................................................................................... 4 6.1.6 Property Tax in-Lieu of VLF ................................................................................. 4 6.1.7 Intergovernmental .............................................................................................. 5 6.1.8 Licenses and Permit Fee ...................................................................................... 5 6.2 Average Costing Method ........................................................................................... 5 7. FIA Recurring Expenditure .............................................................................................. 6 8. Development Impact Fee Summary ............................................................................... 6 9. Conclusion ....................................................................................................................... 6 10. Fiscal Impact Analysis – Exhibits ................................................................................... 7 242 Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 1 1. Introduction Polo Estates 14 (“Proposed Project”) is located approximately 105 miles from the City of Los Angeles and the Pacific coast and approximately 240 miles from Phoenix/Scottsdale metropolitan region. The Proposed Project is situated in the southeast portion of the Coachella Valley within the corporate limits of the City of La Quinta (“City”), Riverside County. The Proposed Project is accessible from Interstate 10 by way of Jefferson Street with immediate access to Avenue 52. The Proposed Project consists of 14 residential lots, proposed to be developed into luxury short-term rental, covering a total area of approximately 8.5 acres. LAND USE ASSUMPTIONS Plan Avg. Home Size (SF) Proposed Units Single Family Home (5-Bedroom) 5,515 2 Single Family Home (6-Bedroom) 5,942 3 Single Family Home (7-Bedroom) 6,302 4 Single Family Home (8-Bedroom) 6,929 4 Single Family Home (9-Bedroom) 7,138 1 Total Units 14 2. Purpose of Fiscal Impact Analysis This Fiscal Impact Analysis (“FIA”) has been prepared to determine the estimated fiscal impacts of the Proposed Project to the City’s General Fund. The purpose of the FIA is to show that the Proposed Project is economically feasible and would generate an annual surplus to the City’s General Fund. The Proposed Project will generate revenue for the General Fund primarily through increased Property Taxes, and Sales Tax, while increasing the need for City services such as police, fire, and public works. The reader should be aware that the FIA contains estimates or projections of the Proposed Project’s future revenue and cost impacts on the City, and actual fiscal results may vary from estimates because events and circumstances may occur in a manner that is different than projected in the FIA. The primary purpose of this FIA is to estimate the Proposed Project’s net fiscal impact on the City’s General Fund at build-out. 3. FIA Executive Summary The result of the FIA at build-out for the Proposed Project are summarized as follows: General Fund Total Recurring Revenue $ 683,066 Total Recurring Expenditure 140,059 Net General Fund Fiscal Surplus $ 543,007 In addition to the Annual Fiscal Surplus, the Proposed Project Generates an estimated $192,430 in development Impact Fees to the City. 243 Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 2 4. FIA Limiting Conditions The FIA is subject to the following limiting conditions: ▪ The FIA contains an analysis of recurring revenues and costs to the City from the development of the Proposed Project. The FIA is based on estimates, assumptions and other information developed from DPFG’s research, and information from DPFG’s proprietary database which were collected through fiscal impact analyses previously prepared by DPFG and others. ▪ The sources of information and basis of the estimates are stated herein. While we believe the sources of information are dependable, DPFG does not express an opinion or any other form of assurance on the accuracy of such information. ▪ The analysis of recurring revenues and cost impacts to the City contained in the FIA is not considered to be a “financial forecast” or a “financial projection” as technically defined by the American Institute of Certified Public Accountants. The word “projection” used within this report relates to broad expectations of future events or market conditions. ▪ Since the analyses contained herein are based on estimates and assumptions which are inherently subject to uncertainty and variation depending on evolving events, DPFG cannot represent those results will be achieved. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur; therefore, the actual results achieved may vary from the projections. 5. General Sources of Information and Methodology Used The FIA was prepared to estimate the allocable revenue and cost impacts to the City’s General Fund related to the Proposed Project’s development. The FIA uses a combination of (i) Case Study Method and (ii) Average Costing Method to estimate Proposed Project impacts. Case Study Method: When projecting fiscal impacts using a case study method, the FIA determines the impacts of the Proposed Project’s population on the City. Case studies rely on communication with public officials, review of the City Annual Budget to assess plans to expand or maintain local services, and then determine categories of either excess or deficient service capacity. Average Costing Method: When projecting fiscal impacts using an average costing method, the FIA determines per capita/employee impacts by applying the appropriate per capita, per employee and per capita and employee factors (“Factors”) to the Proposed Project land use assumptions. The Factors were calculated using the City of La Quinta Annual Operating Budget for Fiscal Year 2023-24 (“Budget”). Factors are projected in 2023 dollars. 6. FIA Recurring Revenues 6.1 Case Study Method The General Fund revenues calculated using the Case Study Method as referenced in section 5 of this report are as follows: 244 Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 3 6.1.1 Property Tax In addition to other ad valorem charges imposed by various local agencies, landowners in the State of California (“State”) are required to pay annual property taxes of 1% on the assessed value of their property pursuant to Proposition 13. Each county in California is divided into tax rate areas (“TRA”). After the basic 1% property tax is collected by the County, the tax is allocated to various local agencies based on each agency’s share of the basic tax within the property’s applicable TRA. The following table summarizes the impact of the Proposed Project to the General Fund: Total Assessed Value $ 56,000,000 Basic Tax 1.0% Basic Tax Paid $ 560,000 City Share of 1% 6.462% Total Annual Property Taxes $ 36,185 6.1.2 Sales and Use Tax Under the California Sales and Use Tax Law, the sale of tangible personal property is subject to sales or use tax unless exempt or otherwise excluded. When the sales tax applies, the use tax does not apply, and the opposite is also true. The sales tax is imposed on all retailers for the privilege of selling tangible personal property in the State and is measured by the retailer’s gross receipts. Currently there is 7.25% statewide sales and use tax base rate that is collected by the State Board of Equalization. The State government receives 6.25% of the 7.25% and local government receives the remaining 1.00% which is transferred to the local government’s general fund. The City will receive sales tax revenue from taxable purchases made within City limits by Proposed Project’s visitors. With the assumption that only 80% of the equivalent residents will spend $2,100 weekly and a capture rate of 50% within the City, Proposed Project will generate sales tax and use tax as follows: Spending By Residents Factor Equivalent Residents (including 49% Vacancy) For 14 Units 99 Non-spending Population 20% 20 Net Equivalent Residents 79 Spending per Equivalent Resident Per Week $ 2,100 Total Annual Spending 8,606,584 Estimated Annual Spending on Taxable Sales 53% 4,561,490 Taxable Spending Captured in City 50% 2,280,745 Sales Tax 1.00% $ 22,807 245 Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 4 6.1.3 Measure G Sales Tax Measure G is a one percent, transaction and use tax. The revenue generated by Measure G will go to the City’s General Fund and will be available for expenditure for any and all services, programs and projects funded by the City, including police protection; projects such as parks, streets, landscaping, and flood control; programs attracting businesses; youth/senior services, sports/recreation programs; and preserving property values and quality of life. Measure G was approved by the residents of the City on November 8, 2016, and became effective on April 1, 2017. The Proposed project generates an estimated $22,807 in Measure G sales tax at build-out. 6.1.4 Property Transfer Tax The County may levy a transfer tax at the rate of $0.55 for each $500 of assessed value. A City within the County that levies this tax can levy a transfer tax at a rate of $0.55 per $1,000. If both the County and City levy the transfer tax, a credit shall be allowed against the amount imposed by the County in the amount of tax that is imposed by the City per California Revenue Taxation Code 11911. It is assumed that the ownership of the Proposed Project will not change hence the Proposed Project will not generate any Property Transfer Tax. 6.1.5 Transient Occupancy Tax The transient occupancy tax (Hotel, motel, campground, or bed tax) is authorized under State Revenue and Taxation Code Section 7280, as an additional source of non-property tax revenue to local government. Per City of La Quinta, the City levies a transient occupancy tax at a rate of 10.00% to hotel or other lodging stays of less than 30 days. Based on information provided for the Proposed Project, the total transient occupancy tax is estimated to be $684,740 per year calculated as follows: Total Residential Units 14 Average Daily Rent $ 2,000 Total Estimated Annual Rent 10,022,000 Annual Occupancy Rate 50.78% Total Annual Rental Revenue $ 5,190,000 Transient Occupancy Tax Rate 10.00% Total TOT Revenue $ 519,000 6.1.6 Property Tax in-Lieu of VLF In May 2004, Governor Schwarzenegger proposed a swap of city and county VLF revenue for additional property tax share as part of a budget agreement between the State and local governments. The swap was included in the 2004 budget package. Under this legislation, property tax in-lieu of VLF is allocated to Cities and Counties pursuant to a complex formula involving each agency relative share of assessed value. The property tax in-lieu of VLF revenue that will be generated by the Proposed Project can be estimated by determining the (i) percentage growth in the total assessed value of the City attributable to the Proposed Project and multiplying by (ii) the property tax in-lieu of VLF revenue of $5.4 million expected to be 246 Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 5 received per the City. Based on these calculations, the Proposed Project is anticipated to generate $16,079 annually in property tax in lieu of VLF revenue. 6.1.7 Intergovernmental Intergovernmental revenue category comprises of Fire Service Credit, Fire Service Reserves, FEMA, CSA 152 Assessments and Contributions from other agencies. The Fire Service Credit is calculated as follows: Total Assessed Value $ 56,000,000 Basic Tax 1.0% Basic Tax Paid $ 560,000 City Share of 1% 5.44% Total Fire Service Credit $ 30,478 6.1.8 Licenses and Permit Fee The City requires the Proposed Project to obtain Short-Term Vacation Rental (STVR) permit and obtain business licenses to operate the business. Based on estimate provided by the City, the Proposed Project will generate $24,500 in License and Permit fees annually. The total recurring annual General Fund revenue generated by the case study method is estimated to be $671,857 annually. 6.2 Average Costing Method The General Fund revenues calculated using the Average Costing Method as referenced in section 5 of this report are as follows: Recurring Revenue Marginal Increase Measure Proposed Project No-Low City Property Tax 0% PER $ - RPTTF Pass Through 0% PER - Transient Occupancy Tax 0% PER - Franchise Taxes 100% PER 4,400 Charges for Services 100% PER 1,994 Fines, Forfeitures & Abatements 100% PER 964 Use of Money & Property 100% PER 3,851 Miscellaneous 100% PER - Total Multiplier Method Revenue $ 11,210 “PER” = Per Equivalent Residents The total recurring annual General Fund revenue generated by the Case Study Method as well as the Average Costing Method for the Proposed Project is estimated to be $683,066. 247 Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 6 7. FIA Recurring Expenditure The general Fund expenditure for all general fund categories is calculated using the Average Costing Method using various marginal increase rate and applying the appropriate per capita, per employee and per capita and employee factors (“Factors”) as follows: Recurring Expenditure Marginal Increase Measure Proposed Project City Council 50% PER $ 329 City Manager’s Department 50% PER 4,198 City Attorney 50% PER 828 City Clerk’s Department 50% PER 1,211 Community Services Varies PER 5,506 Public Safety Varies PER 61,734 Public Works Varies PER 17,458 Design and Development 100% PER 8,820 Fiscal Services 100% PER 39,947 Total Recurring Expenditure $ 140,059 “PER” = Per Equivalent Residents The total recurring annual General Fund expenditure calculated using the Average Costing Method for the Proposed Project is estimated to be $140,059. 8. Development Impact Fee Summary In addition to the annual recurring revenue, the Proposed Project will generate one-time fees in the amount estimated as follows: Fee Category Total Fees Park Improvements $ 29,484 Community/Culture 13,381 Library 5,558 Civic Center 17,220 Maintenance Facilities 4,382 Fire 5,166 Transportation 56,126 CVAG TUMF 38,360 MSHCP 22,750 Total City DIF $ 192,430 The Development Impact Fee calculation is preliminary and subject to change. It does not include fee credit, if any. 9. Conclusion The FIA analyzes the impacts of the Proposed Project to the City’s general fund revenue and expenditure. Based on the analysis of revenues and expenditure detailed above, the Proposed Project will generate a surplus of $543,007 at build-out to the City’s General Fund on an annual basis. 248 Fiscal Impact Analysis – Polo Estates 14 April 30, 2024 Page | 7 In addition to the Annual Fiscal Surplus, the Proposed Project Generates an estimated $192,430 in development Impact Fees to the City. 10. Fiscal Impact Analysis – Exhibits The Fiscal Impact Analysis is organized as follows: Exhibit Table Description A 1 Fiscal Impact Analysis Summary A 2 Post ERAF Share of the Basic Tax Calculation A 3 Land Use Plan A 4 Property Tax Calculation A 5 Property Tax In-Lieu of VLF Revenue Calculation A 6 Property Transfer Tax Calculation A 7 Transient Occupancy Tax Calculation A 8 Off-site Sales Tax Calculation A 9 General Fund Revenue and Expenditure Summary A 10 Development Impact Fee Summary 249 Exhibit A Desert Luxury Properties, LLC Polo Estates 14 City of La Quinta Table 1 - Fiscal Impact Analysis Summary April 30, 2024 Recurring Revenues: Table Ref. Annual at Buildout Property Tax 4 36,185$ RPTTF Pass Through 9 - State Sales Tax 8 22,807 Measure G Sales Tax 8 22,807 Document Transfer Tax 6 - Transient Occupancy Tax 7 519,000 Franchise Taxes 9 4,400 Property Tax In Lieu of VLF 5 16,079 Licenses & Permits 9 24,500 Intergovernmental 9 30,478 Charges for Services 9 1,994 Fines, Forfeitures & Abatements 9 964 Use of Money & Property 9 3,851 Miscellaneous 9 - Total Recurring Revenue 683,066$ Recurring Expenditures: City Council 9 329$ City Manager's Department 9 4,198 City Attorney 9 828 City Clerk's Department 9 1,211 Community Services 9 5,506 Public Safety 9 61,734 Public Works 9 17,458 Design & Development 9 8,820 Fiscal Services 9 39,974 Total Recurring Expenditures 140,059$ Net Fiscal Surplus (Deficit)543,007$ DRAFT 250 Exhibit A Desert Luxury Properties, LLC Polo Estates 14 City of La Quinta Table 2 - Post ERAF Share of 1% April 30, 2024 Agency TRA 020-160 General Fund 9.782089370% County Free Library 1.331369600% County Structure Fire Protection 5.442458120% City of La Quinta 6.461567680% Coachella Valley Unified School District 43.220912000% Desert Community College 6.975693000% Riverside County Office of Education 3.795136000% Riverside County Regional Park and Open Space 0.322034270% Coachella Valley Public Cemetery 0.213061830% CV Mosquito and Vector Control 0.905935380% Coachella Valley Rec and Park 1.096809180% CV Water District State Water Project 2.536263000% Coachella Valley Resource Conservation 0.032516000% CVWD Imp Dist. 1 DS 1.183503000% CVWD Storm Water Unit 3.210705000% ERAF Fund 13.489946570% Total 100.000000000% Footnotes: Source: Fiscal Year 2023-24 Share of the Basic Tax per Riverside County Auditor-Controller's Office, Property Tax Division. Each County in California is divided into tax rate areas ("TRA"). After the basic 1% property tax is collected by the county, the tax is allocated to various local agencies based on each agency’s share of the basic tax within the property’s applicable TRA. This exhibit shows the share of the basic tax applicable to the Project's TRA. In addition to other ad valorem charges imposed by various local agencies, land owners in California are required to pay annual property taxes of 1% on the assessed value of their property pursuant to Proposition 13. DRAFT 251 Exhibit A Desert Luxury Properties, LLC Polo Estates 14 City of La Quinta Table 3 - Land Use Plan No. of Home Assessed Total Bedroom/Unit (a)Size (a)Units (a)Value (a)Assessed Value I. Land use Plan Residential Assessed Value Single Family Homes 5 5,515 2 3,473,500$ 6,947,000$ Single Family Homes 6 5,942 3 3,742,000 11,226,000 Single Family Homes 7 6,302 4 3,968,750 15,875,000 Single Family Homes 8 6,929 4 4,364,250 17,457,000 Single Family Homes 9 7,138 1 4,495,000 4,495,000 Total Residential Assessed Value 6.93 6,351 14 4,000,000$ 56,000,000$ II. Estimated Project Residents Average Bedrooms per Units 6.93 Average persons per bedroom (b)2 Anticipated Guests per Unit 13.86 Total Units at Build-out 14 Total Anticipated Annual Guests 194 Annual Occupancy Rate (b)51% Total Annual Project Residents 99 Project City (c) III. Equivalent Resident Summary Total Residents [1]99 37,979 Total Employees [2]- 19,200 Total Equivalent Residents [2]x50%=[3]99 47,579 Footnotes: (a) (b) (c) April 30, 2024 Product, mix and pricing per Client. Average of 2 persons per bed and 50.78% occupancy rate per City of La Quinta. City population per California Department of Finance as of 1/1/2023. Employee population per the State of California, EDD Monthly Labor Force Data for Cities and Census Designated Places as of November 17, 2023. DRAFT 252 Exhibit A Desert Luxury Properties, LLC Polo Estates 14 City of La Quinta Table 4 - Property Tax Calculation April 30, 2024 Table Ref. Assessed Value Residential Single Family Homes 3 56,000,000$ Total Residential Assessed Value [1]56,000,000$ Basic Rate 1.00% Basic Tax Paid [2]=[1]X1%560,000$ City General Fund Share of Basic Tax (a)[3]2 6.462% Annual Property Taxes to City [4]=[2]x[3]36,185$ Fire Service Credit County Structure Fire Protection (b)[5]2 5.442% Annual Fire Service Credit [6]=[2]x[5]30,478$ Footnotes: (a) (b) Property Tax See Table 2 - Post ERAF share of 1%. Per City of La Quinta, the City also receives the 5.44% tax allocated to County Structure Fire Protection. DRAFT 253 Exhibit A Desert Luxury Properties, LLC Polo Estates 14 City of La Quinta Table 5 - Property Tax In-Lieu of VLF Revenue Calculation April 30, 2024 I. Property Tax in Lieu of VLF Nominal Dollars: City Assessed Valuation (a)[1]18,200,952,648$ Property Tax in Lieu of VLF (b)[2]5,445,000 VLF Increase per $1,000 increase in AV [3]=[2]/[1]*1000 0.30$ Property Tax in Lieu of VLF: Total Assessed Value (c)[4]56,000,000$ Less: Existing Assessed Value (d)[5]2,252,526 Net (New) Assessed Value [6]=[4]-[5]53,747,474$ Project Assessed Valuation / 1,000 [7]=[6]/1000 53,747.47$ VLF Increase per $1,000 increase in AV [3]0.2992 Property Tax in Lieu of VLF =[3]*[7]16,079$ Footnotes: (a)Per Riverside County Assessor's Office 2023-24 Local Assessment Roll. (b)Per City of La Quinta Adopted Budget for Fiscal Year 2023-24. (c)See Table 3 - Land Use Assumptions. (d)Per Fiscal Year 2023-24 property tax bills. DRAFT 254 Exhibit A Desert Luxury Properties, LLC Polo Estates 14 City of La Quinta Table 6 - Property Transfer Tax Calculation September 02, 2022 Build-Out Total Assessed Value per Table 3 56,000,000$ Turnover Rate (a)0.00% Annual Taxable Assessed Value -$ Property Transfer Tax Rate (b)0.110000% Total Annual Property Transfer Taxes -$ City's Share 50% Total Annual Property Transfer Taxes to City -$ Footnotes: (a) (b) It is assumed that the property ownership will not change. The County may levy a transfer tax at the rate of $0.55 for each $500 of assessed value. A City within the County that levies this tax can levy a transfer tax at a rate of $0.55 per $1,000. If both the County and City levy the transfer tax, a credit shall be allowed against the amount imposed by the County in the amount of tax that is imposed by the City per California Revenue and Taxation Code 11911. DRAFT 255 Exhibit A Desert Luxury Properties, LLC Polo Estates 14 City of La Quinta Table 7 - Transient Occupancy Tax Calculation April 30, 2024 Rental Revenue Calculation: Plan Type No. of Units Average Daily Rent Total Daily Rent Total Annual Rent (a)(a)(a)(a)(a) 5-Bedroom 2 1,700$ 3,400$ 1,241,000$ 6-Bedroom 3 1,900 5,700 2,080,500 7-Bedroom 4 2,000 8,000 2,920,000 8-Bedroom 4 2,175 8,700 3,175,500 9-Bedroom 1 2,200 2,200 803,000 Total 14 2,000$ 28,000$ 10,220,000$ Estimated Occupancy Rate (b)50.78% Total Estimated Annual Net Rental Revenue 5,190,000$ Transient Occupancy Tax Rate (Short Term Rental)(c)10.00% Total Transient Occupancy Tax 519,000$ Footnotes: (c) Transient occupancy tax rate per City of La Quinta Adopted Budget. (b) Occupancy Rate of 67% per Client. (a) Existing Residential Development plan type, number of units, and anticipated gross rental revenue per Client. DRAFT 256 Exhibit A Desert Luxury Properties, LLC Polo Estates 14 City of La Quinta Table 8 - Offsite Sales Tax Calculation April 30, 2024 Spending by Residents: Estimated Spending per Week per Equivalent Resident (a)2,100$ Estimated Annual Spending per Year per Equivalent Resident 109,200 Total Equivalent Residents 99 Less: Non-spending population (b)20%20 Net Equivalent Residents 79 Estimated Annual Spending 8,606,584$ Less: Estimated Annual spending on Non Taxable Sales (c)47%(4,045,095) Total Anticipated Annual taxable spending 4,561,490$ Total Spending anticipated outside City (d)50%(2,280,745)$ Total Taxable Spending within City of La Quinta 2,280,745$ Annual Sales Taxes to City 1.00%22,807$ Annual Measure G Sales Taxes to City 1.00%22,807$ Total Annual Sales Tax to City 2.00%45,615$ Footnotes: (b) Represents the estimated no. of equivalent residents who are non-spenders or kids accompanying spending adults. (d) Represents anticipated taxable spending outside the City. (a) Estimate based on average anticipated spending of $300 per person per day ($2,100 per week) based on data from Visit California and the 2017 Report on the Economic Impact of Tourism in the Greater Palm Springs Area. (c) Per data from Visit California and the 2017 Report on the Economic Impact of Tourism in the Greater Palm Springs Area average visitor spending. DRAFT 257 Exhibit A Desert Luxury Properties, LLC Polo Estates 14 City of La Quinta Table 9 - Licenses and Permit Fee Calculation April 30, 2024 Short Term Vacation Rental (STVR) Permit Estimated Permit fee per Unit (a)1,250$ Total Units 14 Total STVR Permit Fee 17,500$ Business License Fee Estimated License fee per Unit (a)500$ Total Units 14 Total STVR Permit Fee 7,000$ Total STVR Permit and Business License Fee 24,500$ Footnotes: (a) Estimate for STVR pemrit and business license provided by City of La Quinta. DRAFT 258 Exhibit A Desert Luxury Properties, LLC Polo Estates 14 City of La Quinta Table 10 - General Fund Revenue and Expenditure Summary April 30, 2024 [1][2][3]=[1]*[2][4][3]/[4]=[5][6][5]X[6] Recurring Items: Revenues FY 2023/2024 Adopted Budget (a) Marginal Increase (b)Net General Fund Measure (c) Equivalent Units Factor Project Equivalent Persons Project Revenues General Funds Tax Revenues Property Tax Revenue 3,200,000$ --------------------------------------------- See Table 4 ---------------------------------------------36,185 No-Low City Property Tax 4,985,000 0% - PER 47,579 - 99 - RPTTF Pass Through 2,860,000 0% - PER 47,579 - 99 - State Sales Tax 12,700,000 --------------------------------------------- See Table 8 ---------------------------------------------22,807 Measure G Sales Tax 15,700,000 --------------------------------------------- See Table 8 ---------------------------------------------22,807 Document Transfer Tax 650,000 --------------------------------------------- See Table 6 ---------------------------------------------- TOT - Hotels 8,700,000 0% - PER 47,579 - 99 - TOT - Short Term Vac. Rentals 5,800,000 --------------------------------------------- See Table 7 ---------------------------------------------519,000 TOT - Bed and Breakfast 90,000 0% - PER 47,579 - 99 - TOT - Resort Fees 375,000 0% - PER 47,579 - 99 - Franchise Taxes - Burrtec 1,050,000 100% 1,050,000 PER 47,579 22.07 99 2,174 SoCal Gas Franchise 200,000 100% 200,000 PER 47,579 4.20 99 414 Cable Television Franchise Fee 675,000 100% 675,000 PER 47,579 14.19 99 1,398 Communications Franchise Fees 200,000 100% 200,000 PER 47,579 4.20 99 414 Property Tax In Lieu of VLF 5,445,000 --------------------------------------------- See Table 5 ---------------------------------------------16,079 Licenses & Permits 2,521,300 --------------------------------------------- See Table 9 ---------------------------------------------24,500 Intergovernmental 9,178,000 --------------------------------------------- See Table 4 ---------------------------------------------30,478 Charges for Services 963,200 100% 963,200 PER 47,579 20.24 99 1,994 Fines, Forfeitures & Abatements 465,500 100% 465,500 PER 47,579 9.78 99 964 Use of Money & Property 1,860,000 100% 1,860,000 PER 47,579 39.09 99 3,851 Miscellaneous 860,100 0% - PER 47,579 - 99 - Total Revenues 78,478,100$ 683,066$ Expenditures City Council 317,900$ 50% $ 158,950 PER 47,579 3.34$ 99 329$ City Manager's Department City Manager's Division 1,588,360 50% 794,180 PER 47,579 16.69 99 1,644 Human Resources 651,800 50% 325,900 PER 47,579 6.85 99 675 Marketing/Community Relations 1,814,660 50% 907,330 PER 47,579 19.07 99 1,879 Total City Manager's Department 4,054,820 4,198 City Attorney 800,000 50% 400,000 PER 47,579 8.41 99 828 City Clerk's Department 1,169,670 50% 584,835 PER 47,579 12.29 99 1,211 Community Services Community Resources Administration 888,160 50% 444,080 PC 37,979 11.69 99 1,152 Wellness Center Operations 837,870 50% 418,935 PC 37,979 11.03 99 1,087 Recreation Programs/Special Events 1,578,150 100% 1,578,150 PER 47,579 33.17 99 3,268 Total Community Services 3,304,180 5,506 Public Safety Police 18,583,800 100% 18,583,800 PER 47,579 390.59 99 38,480 Fire 9,889,120 100% 9,889,120 PER 47,579 207.85 99 20,477 Emergency Services 322,300 100% 322,300 PER 47,579 6.77 99 667 Code Compliance/Animal Control 1,713,340 50% 856,670 PER 47,579 18.01 99 1,774 Public Safety Administration 324,640 50% 162,320 PER 47,579 3.41 99 336 Total Public Safety 30,833,200 61,734 Public Works Parks Maintenance 4,144,950 100% 4,144,950 PER 47,579 87.12 99 8,583 Public Buildings 1,715,750 100% 1,715,750 PER 47,579 36.06 99 3,553 Public Works Administration 821,900 50% 410,950 PER 47,579 8.64 99 851 Development Services 532,900 50% 266,450 PER 47,579 5.60 99 552 Streets- Traffic 885,750 100% 885,750 PER 47,579 18.62 99 1,834 Engineering Services 1,007,600 100% 1,007,600 PER 47,579 21.18 99 2,086 Total Public Works 9,108,850 17,458 Design & Development Design & Development Administration 811,600 100% 811,600 PER 47,579 17.06 99 1,681 Planning 707,400 100% 707,400 PER 47,579 14.87 99 1,465 Building 1,398,700 100% 1,398,700 PER 47,579 29.40 99 2,896 The Hub 1,341,700 100% 1,341,700 PER 47,579 28.20 99 2,778 Total Design & Development 4,259,400 8,820 Fiscal Services Finance 1,957,270 100% 1,957,270 PER 47,579 41.14 99 4,053 Central Services 17,348,100 100% 17,348,100 PER 47,579 364.62 99 35,922 Total Fiscal Services 19,305,370 39,974 Total Expenditures 73,153,390$ 140,059$ Recurring Balance 5,324,710$ 543,007$ Footnotes: (a) Per City of La Quinta Adopted Budget for Fiscal Year 2023-24. (b) The marginal increase represents the impact to the City's revenue and expenditure due to the nature of the revenue and expenditure relative to the Project. (c) Based on (1) 37,979, City of La Quinta residents, California Department of Finance, January 1, 2023, (2) 19,200, total City of La Quinta employees and (3) City employment reduced by 50% to account for the estimated less frequent use of City public services by employees than residents. DRAFT 259 Exhibit A Desert Luxury Properties, LLC Polo Estates 14 City of La Quinta Table 11 - Development Impact Fee Summary April 30, 2024 Fee Category Rate Quantity Total Fees Park Improvements (a)2,106$ Per Unit 14 29,484$ Community/Culture (a)956 Per Unit 14 13,384 Library (a)397 Per Unit 14 5,558 Civic Center (a)1,230 Per Unit 14 17,220 Maintenance Facilities (a)313 Per Unit 14 4,382 Fire (a)369 Per Unit 14 5,166 Transportation (a)4,009 Per Unit 14 56,126 CVAG TUMF (b)2,740 Per Unit 14 38,360 Multi Species Plan Fees (c)1,625 Per Unit 14 22,750 Total Estimated Development Impact Fees:192,430$ Footnotes: (a) (b) (c) Represents the currently collected Coachella Valley Association of Governments ("CVAG") TUMF rate per unit, effective Jan 1, 2024. Represents the impact fees for City of La Quinta ("City") per Development Impact Fee Study dated September 23, 2019 effective for permit applications received on or after July 1, 2020. Represents the currently collected Coachella Valley Multi Species Habitat Conservation ("MSHCP") Fees effective July 1, 2023. DRAFT 260 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 1 Planning Commission Meeting November 12, 2024 5:00 p.m. Planning Commission Meeting November 12, 2024 PH1 – 51407 Avenida Velasco LANDMARK DESIGNATION 2024-0001 1 2 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 2 Background • Project Location: – The project is located 51407 Avenida Velasco Proposal • A request by the property owners to designate their “casita” home located at 51407 Avenida Velasco as a locally designated historic landmark 3 4 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 3 History • The Cove is bounded by Calle Tampico on the north, Avenida Bermudas on the east, Calle Tecate on the south, and Avenida Montezuma and Bear Creek on the west. • The Cove was subdivided between 1933-1937 History City Hall 5 6 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 4 History • Between 1935 and 1941, 63 "casitas" were built • In 1935, the 50-by-100 lots sold for $195 and the homes for $2,500 • The original developer of the casitas was E. S. 'Harry' Kiener, who formed the Palm Springs – La Quinta Development Company History • The 51407 Avenida Velasco residence was constructed in 1935 • Spanish Colonial Revival style • The home was constructed with an "L" shaped plan, clad in stucco with a gable roof clad in red tiles with exposed beams 7 8 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 5 Landmark Designation Landmark Designation 9 10 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 6 Landmark Designation Landmark Designation 11 12 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 7 Landmark Designation Landmark Designation 13 14 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 8 Building Additions Other Improvements Front property wall – A block wall permit was issued in 1985, which enclosed the front yard area with a 6-foot masonry wall. Reroof – The casita was reroofed in 2001 using a Spanish-style tile. 15 16 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 9 Historical Aerials Garage Addition 17 18 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 10 Garage and Patio Conversion Front Property Wall 19 20 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 11 Reroof Criteria Planning Commission must determine if the property meets one or more of the landmark criteria as provided in Title 7 – Historic Preservation of the La Quinta Municipal Code and is in compliance with the requirements of the California Environmental Quality Act (CEQA) 21 22 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 12 Landmark Designation Criteria A. It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, or architectural history; or B. It is identified with persons or events significant in local, state, or national history; or C. It embodies distinctive characteristics of a style, type, period, or method of construction, is a valuable example of the use of Indigenous materials or craftsmanship or is representative of a notable work of an acclaimed builder, designer, or architect; or Landmark Designation Criteria D. It is an archaeological, paleontological, botanical, geological, topographical, ecological, or geographical site which has the potential to yield information of scientific value; or E. It is a geographically definable area possessing a concentration of sites, buildings, structures, improvements, or objects linked historically through location, design, setting, materials, workmanship, feeling, and/or association, in which the collective value of the improvements may be greater than the value of each individual improvement. 23 24 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 13 Analysis 51407 Avenida Velasco individually embodies the distinctive characteristics of a Spanish Colonial Revival style “casita” bungalow built in the Cove during the 1930s and may be considered individually significant under Criterion C for embodying the distinctive characteristics of a type, period, or method of construction. Representative of the first subdivision of the Cove by E.S. “Harry” Kiener, who formed the Palm Springs – La Quinta Development Company. Analysis Retains original “L” shape and retains original features and elements - original “Z” style front door, latch and window, gable roof with exposed beams, and original bell. While later building improvements were added, consistent with the Spanish Revival architectural style, the integrity of the original features and building elements are intact. 25 26 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 14 CEQA The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act as this project includes no expansion of the use. Recommendation Adopt a resolution to approve Landmark Designation 2024- 0001 and find that the project is exempt from environmental review pursuant to Section 15301 Class 1 (Existing Facilities) 27 28 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 15 Planning Commission Meeting November 12, 2024 PH3 – Bravo Estates SITE DEVELOPMENT PERMIT 2024-0001 DEVELOPMENT AGREEMENT 2024-0001 29 30 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 16 Background • Project Location: – Northwest corner of Avenue 52 and Madison Street – Tentative Tract Map 31852 approved August 17, 2004 – The Final Tract Map recorded May 2006 Vicinity Map DC0 31 32 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 17 Current Site Photographs Proposal • 14 new single-family homes • 5,102 square feet - 7,156 square feet between 3 to 8 bedrooms • Development Agreement to allow Short Term Vacation Rental (STVR) 33 34 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 18 Numbered Lots Common Area Ownership Site Plan 35 36 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 19 Floor Plans Floor Plans 37 38 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 20 Elevations Elevations 39 40 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 21 Renderings Renderings 41 42 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 22 Preliminary Landscape Plan Preliminary Landscape Plan 43 44 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 23 Materials Board 45 46 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 24 Short Term Vacation Rental • No new STVR permits may be issued, with exceptions: – Units with Tourist or Village Commercial (CT or VC) – Developments subject to a development agreement (DA) that stipulate short-term rental is allowed Development Agreement • Annual STVR permitting fees to be consistent with the City’s fee program; • Any rental or occupancy of 30 nights or less to be subject to the City’s then-current transient occupancy tax (“TOT”) for STVRs; • Rental or occupancy agreements and material renter or occupant information shall be retained for a minimum of three (3) years 47 48 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 25 Development Agreement • A performance schedule for construction of the 14 units. • The term of the DA shall be for 50 years. • The DA shall be reviewed on an annual basis. Fiscal Analysis A Fiscal Impact Analysis (“FIA”) was prepared by the applicant to address the financial implications of the proposed project to the City’s General Fund The proposed project is economically feasible and expected to revenue positive 49 50 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 26 CEQA The Design and Development Department has determined that this project is consistent with the Mitigated Negative Declaration prepared for Tentative Tract Map 31852 (Environmental Assessment 2003-495), which was adopted by the La Quinta City Council on August 17, 2004, via Council Resolution No. 2004-098. 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 – Find the Development Agreement consistent with Zoning Code and General Plan and support the adoption of the Development Agreement 51 52 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 27 Recommendation Adopt a resolution to recommend City Council approve Site Development Permit (SDP) 2024-0001 and Development Agreement 2024-0001 and find the project is consistent with the previously adopted Mitigated Negative Declaration which was prepared for Tentative Tract Map 31852 Environmental Assessment 2003-495. . 53 54 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 28 Planning Commission Meeting November 12, 2024 Staff Item: Project Updates Sphere of Influence • Survey closed • Approximately 10% response • City Council Study Session scheduled for November 19 55 56 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 29 Highway 111 Corridor Specific Plan • Specific Plan, Code and Mitigated Negative Declaration being prepared • Study session anticipated in December Projects Going to Council • Jefferson Square • Code Updates 57 58 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 30 Recently Approved Projects • La Quinta Landing • Gymnastic Training Facility • The Golf Bar • Madison Club Comfort Station Madison Club Comfort Station Projects Under Construction • Chick Fil A • Quick Quack • PGA Superstore • Jefferson St Apt 59 60 PLANNING COMMISSION MEETING NOVEMBER 12, 2024 31 Recently Completed • Five Below • The Grove at La Quinta Resort 61 62 WRITTEN PUBLIC COMMENT PUBLIC HEARING ITEM NO. 1: LANDMARK DESIGNATION PLANNING COMMISSION NOVEMBER 12, 2024 1 Tania Flores From:Linda Williams <lindalpwilliams@gmail.com> Sent:Saturday, November 9, 2024 1:45 AM To:Tania Flores Subject:Landmark Designation Attachments:Mills Act Letter 3.pages Follow Up Flag:Follow up Flag Status:Flagged ** 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. ** [You don't often get email from lindalpwilliams@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Hi Tania, I have attached a letter of support for the Public Hearing 1 item at the Planning Commission meeting on November 12th. Thank you, Linda Williams La Quinta Historical Society WRITTEN PUBLIC COMMENT PUBLIC HEARING ITEM NO. 2: CCITRUS MONOPALM PLANNING COMMISSION NOVEMBER 12, 2024 1 Tania Flores From:Kent Bailey <kent.bailey8@gmail.com> Sent:Friday, November 8, 2024 3:23 PM To:Planning WebMail Subject:Fwd: Palmilla - Notice of Proposed Telecommunication Tower ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** As a resident of Palmilla I write in opposition to issuance of a cell Tower permit on Citrus club/ PGA West property. Our home is built on the wall parallel with Mandarina in Citrus CC and our beautiful Mountain View could be in partially blocked. There are lots of suitable locations in the general area that would not affect so many homes. Thanks you J Kent Bailey and Dana S Bailey 50415 Via Serenidad LaQuinta Ca 92253 ---------- Forwarded message --------- From: Desert resort Management <smitchell@drminternet.ccsend.com> Date: Fri, Nov 8, 2024 at 11:31 AM Subject: Palmilla - Notice of Proposed Telecommunication Tower To: <kent.bailey8@gmail.com> Notice of Proposed Telecommunication Tower Dear Palmilla Neighbors, Some Palmilla homeowners were notified this week by the city of La Quinta of a proposed installation of a 70 foot high telecommunication tower in the Citrus Club.( notice attached below) The proposed location will negatively affect the mountain views of several homes in Palmilla. Our current understanding is that the tower will be on land that is owned by PGA WEST and not by the Citrus Club . ( The Citrus Club Some people who received this message don't often get email from kent.bailey8@gmail.com. Learn why this is important 2 does not own the golf course..) The other parties involved are AT&T and Smartlink. In my discussions with the Citrus Club management I was told the Citrus Club HOA was not involved in the discussion of and is opposed to this tower. We would ask that you consider writing an email to the planning commission of the city of La Quinta and express your concern about the tower and ask that the permit for it be denied. The email for this is Planning@LaQuintaCA.gov. There is a meeting in the La Quinta City Council chambers Tuesday November 12th at 5PM where you can attend and voice your opposition. Even if this tower does not directly affect your view, its placement could be the beginning of more to come and eventually one may be proposed that would affect your view. Furthermore, the cell towers emit radio frequency radiation , the health effects of which are unknown. Thus the placement of such a tower in a residential neighborhood could be unhealthy . The placement of any commercial structure in a residential neighborhood should be discouraged. There should be other commercial areas where this tower could be installed. PLEASE CONSIDER WRITING AN EMAIL OR ATTENDING THE MEETING TO SUPPORT YOUR PALMILLA NEIGHBORS. CLICK HERE TO VIEW NOTICE Thank you, Mark Ciota on behalf of the Board. Associa / Desert Resort Management | 42-635 Melanie Place, Ste 103 | Palm Desert, CA 92211 US Unsubscribe | Update Profile | Constant Contact Data Notice To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Constant Contact 1 Tania Flores From:SH McCarr <shmccarr@gmail.com> Sent:Monday, November 11, 2024 12:28 PM To:Planning WebMail Cc:citrusconcierge@thecitrusclub.com Subject:Opposition to proposed Cellular Tower at Cutrus Follow Up Flag:Follow up Flag Status:Flagged ** 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. ** [Some people who received this message don't often get email from shmccarr@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] To Planning Commission Members: This notice is to advise you of our strong opposition to the construction of a cellular tower on the grounds of The Cutrus Club. We recently purchased our home at 50660 Breva St because it did NOT have a nearby cellular tower. My fiancé has a brain tumor, and the location of the cell tower directly adjacent to our home would require us to immediately sell the property at a substantial loss, or risk her health. As an attorney, I have handled cases involving cancer clusters near cell towers in residential areas . It is unreasonable and an abuse of discretion to allow a cell tower so close to private homes within a private development. There is plenty of open space in the area which would be a safer location. Putting the health issues aside, the property values will plummet, and the club will suffer substantially in membership should the proposed tower be installed. Sadly, it appears as though there was not a lot of thought that went into this decision. Otherwise, it would not have rationally gotten this far. I strongly urge you to reconsider this decision, and refrain from taking action which will negatively affect so many residents in myriad ways. Respectfully, Scott H Carr, Esq. Sent from my iPhone 1 Tania Flores From:ckenworthy@dc.rr.com Sent:Tuesday, November 12, 2024 6:20 AM To:Planning WebMail Cc:Chris & Lisa Kenworthy Subject:Proposed Cell Tower - The Citrus, La Quinta Follow Up Flag:Follow up Flag Status:Flagged ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** The City of La Quinta; We have learned of a planned cell tower to be installed in the The Citrus area of La Quinta, effec Ɵng the view of many homeowners and permanently changing the mountain view of both the The Citrus and Palmilla communi Ɵes, including the The Citrus Club to which many residents of the both communiƟes belong. 1)Why are we just learning about this four (4) days before the scheduled hearing? This project must have been underway for at least months now… We understand PGA West may own the actual dirt on which the tower will be built, but the communiƟes in which it will stand have been kept in the dark… we have to assume purposely. 2)How did the La Quinta Design and Development Department determine this project is exempt from environmental review pursuant to SecƟon 15303 (Class 3) of the California Environmental Quality Act (CEQA) for new construcƟon or conversion of small structures? It seems placing a 70-foot tower in the middle of a private residenƟal community, without asking or noƟfying the residents, would at least require such review – with earlier public disclosure. Again… you leave us no choice but to believe this was pur posely kept from homeowners unƟl the last possible moment. The is zero benefit to residents and homeowners for such a tower. And the downside is material: -Numerous residents will have their mountain views permanently damaged - affecƟng home values -Hundreds of Citrus Club members will be affected by such a structure on our Club grounds -The effect Radio Frequency Emissions in populated areas is not well-understood. But it is not posiƟve and it is known negaƟve. To what degree is unknown, but the evidence is there. I am a degreed Electrical Engineer. Based on the above, we have to respecƞully request the necessary permits or approvals be denied, at least unƟl the effected communiƟes are appropriately informed and can properly par Ɵcipate in a decision process. Sincerely, Chris & Lisa Kenworthy La Quinta, CA Some people who received this message don't often get email from ckenworthy@dc.rr.com. Learn why this is important 1 Tania Flores From:Betty Kildow <bettykildow@gmail.com> Sent:Friday, November 8, 2024 3:02 PM To:Planning WebMail Subject:Proposed Telecommunication Tower ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Dear Planning Commission Members, This email is to strongly encourage you to deny the permit for installation of the proposed 70-foot high telecommunication tower on PGA West owned land. The immediate and future impacts of this tower are significant making it inappropriate for a residential area. I received the notification of the proposal and the November 12 meeting Thursday afternoon, November 7. At the very least, it would seem that the proposal merits additional investigatio and considerationn as well as additional time for community members' input and discussion. Regards, Betty Betty Kildow bettykildow@gmail.com 50425 Via Amante La Quinta 92253 765-891-0523 Some people who received this message don't often get email from bettykildow@gmail.com. Learn why this is important 1 Tania Flores From:Barry Lynes <barrylynes@gmail.com> Sent:Saturday, November 9, 2024 11:20 AM To:Planning WebMail Subject:PROPOSED TELECOMMUNICATION TOWER AT THE CITRUS CLUB Follow Up Flag:Follow up Flag Status:Flagged ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Good morning, I am writing to express my opposition to the proposed cell tower at The Citrus Club. It is my understanding that this tower may negatively affect the views of several homes in Palmilla, as well as many homes in The Citrus. In addition, the tower will emit radio frequency radiation, which could be a health hazard. Not enough data is available regarding the possible long-term health effects, and therefore it would be irresponsible for the Planning Commission to grant this permit for construction of a cell tower in a residential neighborhood without being in possession of all the facts. Why not recommend that the cell tower be located in Silverrock ? This will not interfere with anyone's view, it is not a residential neighborhood, and I can't imagine that anyone would raise objections. Sincerely, Barry Lynes 79945 De Sol A Sol, La Quinta, CA 92253 (Palmilla) Some people who received this message don't often get email from barrylynes@gmail.com. Learn why this is important 1 Tania Flores From:Nyla Patzner <npatzner@gmail.com> Sent:Saturday, November 9, 2024 9:41 AM To:Planning WebMail; Steve Sanchez Subject:A Letter Against the Proposed Cell Tower in The Citrus Club Follow Up Flag:Follow up Flag Status:Flagged ** 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 recently learned of a proposed installation of a cell tower in The Citrus which will have a negative effect on both the homes in The CItrus and Palmilla. I happen to own a home in both The Citrus and Palmilla so I am writing to you on behalf of each of those homes.I am in strong opposition to this installation for the following reasons. Not only will the tower block our mountain views (affecting the enjoyment of our backyard and home values when we go to resell) but more importantly, the cell towers emit radio frequency radiation, the health effects of which are unknown. Thus the placement of such a tower in a residential neighborhood could be unhealthy. The placement of any commercial structure in a residential neighborhood should not be allowed and the City should identify a more suitable location in a commercial zone not a residential zone. Thank you, Nyla -- Nyla Patzner REALTOR® Desert Sotheby's International Realty c 760-340-1111 | o 760-797-8062 74890 Highway 111, Indian Wells, CA 92210 DRE #01903843 nylapatzner.com | npatzner@gmail.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Some people who received this message don't often get email from npatzner@gmail.com. Learn why this is important 1 Tania Flores From:John Roach <jroach1@icloud.com> Sent:Tuesday, November 12, 2024 10:30 AM To:Tania Flores Cc:Wife; John D. Roach Subject:Written Comments John, Spenser, and Shana Roach La Quinta Residents Concerning Cell Tower APN 658-190-011 Follow Up Flag:Follow up Flag Status:Flagged ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** To Whom It May Concern: As long time residents of The Citrus Club in La Quinta (John, Shana, Spenser Roach), we have many concerns about the cell tower project being planned in our community. These concerns include issues in the areas of economics, health, community, and others. 1.Who initiated this request for a cell tower within The Citrus Club other than The Citrus Club ownership? When did The Citrus Club ownership become involved and in what interest or capacity? 2. What is the financial benefit of this cell tower project to the ownership of The Citrus Club? 3. Who is applying (whose name affiliated with Citrus Club management or any other individual or entity) for this project and why is it needed? I have lived in The Citrus Club for 24 years and have never found the need for a cell tower before. 4. The application for the project was passed, approved, and adopted on January 9, 2024. Why are we just now aware of this project and so quickly being asked to comment to the City? 5. How many homeowners with unique addresses were notified? How were the notifications transmitted or sent? What were the transmission or mailing dates of the notifications? I only received the mailer last week, postmarked November 2, 2024. Why was this mailer sent from San Diego? 6. The deadline for the project is December 13, 2024. Why are we being informed so close to the deadline? 7. Were The Citrus Club members notified and if so when and how? 8. On the application, the parcel map does not show the exact position of any tower within the APN 658-190-011. What is the exact location of the TEMPORARY cell tower, what is its design and measurements (height, width, diameter, color, etc.) What does the temporary tower look like? What are the noise levels created by the temporary cell tower? What radiation does the temporary cell tower emit? 9. On the application, the parcel map does not show the exact position of any tower within the APN 658-190-011. What is the exact location of the PERMANENT cell tower, what is its design and measurements (height, width, diameter, color, etc.) What will the final design of the permanent cell tower look like? Fake palm tree? Radio tower? What are the noise levels created by the permanent cell tower? What radiation does the permanent cell tower emit? 10. Why is the tower being planned in the middle of a private, residential area instead of the many open spaces in the vicini ty? Why not Talus since we all pay for that empty land that will not have residents anytime soon. The city could plan around the tower in an unfinished development instead of trying to place it where it is not wanted or needed. You don't often get email from jroach1@icloud.com. Learn why this is important 2 11. Where is the written evaluation of the possible negative health consequences of the tower to club members, homeowners, and guests? Radiation levels, noise pollution, reduction of recreational space… 12. Where is the written evaluation of the deleterious economic effects of the tower upon The Citrus Club members and homeowners? These include depreciation of home values, decline in desirability of offered properties, destruction of promised view corridors, heightened or dropped insurance policies (fall zone area risk to homes, cars, landscaping, people), and decline of value of club membership. 13. How many council members or applicants have cell towers in their vicinity? 14. Have any government officials actually visited the site of this cell tower project? 15. Outside of The Citrus Club management, who else benefits from this cell tower project? 16. What is the signal strength of the cell tower? How far does the cell tower signal reach? Are other carriers than ATT using this tower for cellular transmissions? 17. Including the Citrus clubhouse, from how far away will the cell tower be visible? Including views from the ground by pedestrians. 18. How many structures, vehicles, individuals will be within the fall zone of the cell tower? 19. Are you aware of the undesirability and devaluation statistically of real estate within visual or logistical proximity to a cell tower? 20. Are you aware of the inability of residences within a cell tower fall zone to obtain insurance? 21. Ultimately can this project be delayed by 90 days for a reasonable review of this project? John, Shana, and Spenser Roach La Quinta Residents The Citrus Club Homeowners, Residents, and Members jroach1@icloud.com shana.mackenzie@yahoo.com 1 Tania Flores From:Greg Schoen <gregschoen@hotmail.com> Sent:Friday, November 8, 2024 3:07 PM To:Planning WebMail Subject:Proposed Telecommunications Tower ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Good day: It has been brought to my attention that there is a proposal to erect a telecommunications tower in the residential community of the Citrus Club. I strongly urge the planning commission to reject his proposed location. An appropriate alternative to serve this area should be in an acceptable commercial zone, ie; nothwest corner of Jefferson and Ave 50. Please take the prudent action . Sincerely, Gregory Schoen 50445 Via Serenidad La Quinta, CA 92253 GTS-Outlook for iOS Some people who received this message don't often get email from gregschoen@hotmail.com. Learn why this is important 1 Tania Flores From:Renell Burch <renell@burchlegal.com> Sent:Tuesday, November 12, 2024 12:44 PM To:Planning WebMail Subject:Opposition to CUP 2024-0001 re Smartlink AT&T Follow Up Flag:Follow up Flag Status:Flagged ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Good Afternoon Please accept this email as our written notice opposing the approval of the CUP 2024-0001 submitted by Smartlink & AT&T regarding their request to approve a 70’ Telecommunication Monopalm to be installed within the Citrus Golf Club. My husband and I have lived in La Quinta for 25 years. We live in Palmilla, the residential community north of the Cirus Club. Our home sits DIRECTLY to the north of the proposed location for the Monopalm. Our home is one of two homes on Via Puesta Del Sol that shares a common boundary wall with the Cirtus Club. This is our primary residence, and our entire living space and backyard face southward towards the Citrus Club. A 70’ Monopalm in its proposed location would be visible from our home. While we may not have legal rights to an unobstructed view of the mountains and sky, an industrial-type structure, a monopalm or otherwise, will severely impact our view; our property value; and the use and enjoyment of our property. We have been extremely fortunate to live where we do, finding a home within a community, not along the roadways or near commercial space. We seek to preserve the residential nature of our community and request LQ and Smartlink & AT&T select another location for their installation. We have tremendous trust in our elected oƯicials and the planning team in La Quinta and believe an alternative commercial location for the monopalm can be found within our large city. We thank you for your attention and consideration. Renell & Scott Burch Palmilla Dev. 50415 Via Puesta Del Sol La Quina, CA 92253 RENELL E. BURCH, ESQ. LAW OFFICES OF RENELL E. BURCH, A PC Some people who received this message don't often get email from renell@burchlegal.com. Learn why this is important 2 75280 Highway 111 Suite #88 Indian Wells, CA 92210 T: 760-836-3731 W: www.burchlegal.com E: renell@burchlegal.com CONFIDENTIALITY NOTICE This e-mail message, together with any documents, files and/or other messages attached to it, is for the sole use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please immediately notify the sender by telephone and destroy all copies of the original message. Thank you. CIRCULAR 230 DISCLOSURE To ensure compliance with requirements imposed by the United States Treasury Department, you are hereby informed that any advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing. WRITTEN PUBLIC COMMENT PUBLIC HEARING ITEM NO. 3: BRAVO ESTATES PLANNING COMMISSION NOVEMBER 12, 2024 1 Tania Flores From:Sherlock, Sean <ssherlock@swlaw.com> Sent:Monday, November 11, 2024 2:35 PM To:Tania Flores Cc:Kunz, Deanna Subject:FW: WRITTEN COMMENTS: Eagle Mountain Investors, LLC; Planning Commission Agenda #3, Site Development Permit 2024-0001; Development Agreement 2024-0001 Attachments:2024 1111 City of La Quinta .pdf Follow Up Flag:Follow up Flag Status:Flagged ** 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. ** GreeƟngs Ms. Flores. Can you please confirm receipt of the aƩached leƩer, and also confirm that it will be included in the administraƟve record. Thanks. Sean M. Sherlock O: 714.427.7036 | M: 949.228.1433 ssherlock@swlaw.com SNELL & WILMER swlaw.com | LinkedIn Plaza Tower | 600 Anton Boulevard | Suite 1400 | Costa Mesa, CA 92626-7689 This email and any attachments may be confidential and protected by legal privilege. If you have received this message in error, please do not disclose the contents to anyone. Please notify the sender by return email and delete this email as well as any attachments from your system. From: Sherlock, Sean <ssherlock@swlaw.com> Sent: Monday, November 11, 2024 11:29 AM To: TFlores@LaQuintaCA.gov Cc: Kunz, Deanna <dkunz@swlaw.com> Subject: WRITTEN COMMENTS: Eagle Mountain Investors, LLC; Planning Commission Agenda #3, Site Development Permit 2024-0001; Development Agreement 2024-0001 Please see aƩached leƩer with objecƟons and comments concerning Planning Commission Agenda #3, November 12, 2024, Site Development Permit 2024-0001; Development Agreement 2024-0001. If you have any quesƟons, please do not hesitate to call me. Thank you. Sean M. Sherlock You don't often get email from ssherlock@swlaw.com. Learn why this is important 2 O: 714.427.7036 | M: 949.228.1433 ssherlock@swlaw.com SNELL & WILMER swlaw.com | LinkedIn Plaza Tower | 600 Anton Boulevard | Suite 1400 | Costa Mesa, CA 92626-7689 This email and any attachments may be confidential and protected by legal privilege. If you have received this message in error, please do not disclose the contents to anyone. Please notify the sender by return email and delete this email as well as any attachments from your system. Snell & Wilmer 600 ANTON BLVD, SUITE 1400 COSTA MESA, CA 92626-7689 714.427.7000 P 714.427.7799 F ALBUQUERQUE BOISE DALLAS DENVER LAS VEGAS LOS ANGELES LOS CABOS ORANGE COUNTY PHOENIX PORTLAND RENO SALT LAKE CITY SAN DIEGO SEATTLE TUCSON WASHINGTON, D.C. Sean M. Sherlock (714) 427-7036 ssherlock@swlaw.com November 11, 2024 VIA E-MAIL City of La Quinta Planning Commission 78495 Calle Tampico La Quinta, California 92253 Planning@LaQuintaCA.gov Re: Site Development Permit 2024-0001 and Development Agreement 2024-0001 Planning Commission Hearing, November 12, 2024 Dear Commissioners: This firm represents Eagle Mountain Investors, LLC (“EMI”). We write on its behalf to object to the application and proposed approval of the above-referenced Site Development Permit and Development Agreement. We urge the Planning Commission to deny the Site Development Permit application and recommend denial of the Development Agreement to the City Council. EMI owns six common area lots within the proposed Bravo Estates development (the “Project”). The common area lots owned by EMI are Lots A and C through G. EMI acquired these lots in a foreclosure sale pursuant to a Sheriff’s Deed Under Writ of Execution recorded in the Official Records of Riverside County on August 4, 2022, as Document No. 2022-0345662. A copy of the Sheriff’s Deed is attached to this letter. 1. The Applicant Does Not Own All Properties Comprising the Project The applicant, Desert Luxury Properties, LLC (“Applicant”), does not own the common area lots and does not have EMI’s consent to develop or use the common area lots. Section 9.200.010(C) of the City’s Municipal Code provides: “An application for a permit or other action under Chapters 9.200 through 9.260 [including a Site Development Permit under section 9.210.010] may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency .” Snell & Wilmer City of La Quinta November 11, 2024 Page 2 Section 9.250.020(C)(3) of the City’s Municipal Code provides: “An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such person.” Because the Applicant does not own the common area lots within the Project and does not have EMI’s consent to develop or use the common area lots, its applications for a Site Development Permit and Development Agreement are improper under the City’s rules. 2. The City Failed to Provide Required Notices and Failed to Comply with CEQA Further, the City has not provided EMI required notices concerning its processing of these applications. On May 15, 2024, Mr. Ty Thomas, on behalf of EMI, spoke with and e-mailed the City’s Associate Planner Siji Fernandez, asking that EMI be notified about these applications. Mr. Fernandez confirmed that EMI would be notified. In the following months EMI received no notifications concerning the City’s processing of the applications. Not until Mr. Thomas inquired with Mr. Fernandez on October 30, 2024, did EMI learn that the applications were proceeding to Planning Commission hearing on November 12. EMI received no Notice of Intent to Adopt (“NOI”) a Mitigated Negative Declaration (“MND”) under the California Environmental Quality Act (“CEQA”). Under CEQA a NOI must be sent to “all organizations and individuals who have previously requested such noti ce in writing ...” and also by “[d]irect mailing to the owners and occupants of property contiguous to the project.” 14 Cal. Code Regs., § 15072(b)(3). Because EMI’s common area lots are within the proposed Project and contiguous to the lots owned by Applicant, and because EMI had specifically requested notice, the City was required to provide notice to EMI. It appears from the City’s Notice of Public Hearing that the City is proposing to rely on a MND that is more than 20 years old without having performed any evaluation of the changes in the project, changes in the circumstances under which the project is undertaken, new information, and without any substantial evidence that such changes or new information do not warrant subsequent environmental review under CEQA. CEQA makes no provision for reliance on a 20-year old MND. To the extent that CEQA procedures for reliance on an EIR from an earlier project apply, the City has not, to our knowledge, followed such procedures. Because the City requires review of Development Agreements every 12 months (see Muni. Code, § 9.250.020(C)(14)(a)), and places a 24-month limit on Site Development Permits (see Muni. Code, §§ 9.210.020(G), 9.200.080(B)), it is unreasonable to rely on CEQA environmental review that is more than 20 years old. Snell & Wilmer City of La Quinta November 11, 2024 Page 3 In summary, the City’s approval of these applications would not be consistent with its own Municipal Code, CEQA, or the State’s zoning law. Accordingly, on behalf of EMI we respectfully urge the Planning Commission to deny the Site Development Permit and recommend denial of the Development Agreement to the City Council. Please include this letter and attachment in the administrative record for this matter. Best regards, Snell & Wilmer Sean M. Sherlock 4855-5589-6310 RECORDING REQUESTED BY AND RETURN TO: Riverside County Sheriffs Office 46200 Oasis St.,Rm.B15 Indio,CA 92201 (760)863·8255 Fax:(760)863·8919 California Relay Service Number (800)735·2929 TOO or 711 2022-0345662 08/04/2022 12:28 PM Fee:$23.00 Page 1 of 4 Recorded in Official Records County of Riverside Peter Rldana Rssessor-County Clerk-Recorder III1 ~~I rl~~~!,IW.liltt\)~~t:llflllll THIS SPACE FOR RECORDER'S USE ONLY ~Ti ~21-5.DO l1CA 010 Sheriffs Deed County of Riverside,State of California Under Writ of Execution Title of Document sse Form 6.31 07/1212008 (New) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional Recording Fee Applies) DOC #2022-0345662 Page 2 of 4 ATTORNEY OR PARTY WITHOUT ATIORNEY (Name,stat.Bar Number,IJIId AdWess):LEVYING OFFICER (Name and Address): Kelley &Kelley Riverside County Sheriff's Office 19200 Von Karman Ave.,Ste 600 46200 Oasis St.,Rm.815 Irvine,CA 92612 Indio,CA 92201 TElEPHONE NO.:Primary:(949)463-5514 FAX NO.:(760)863-8255 E·MAILADDRESS:(760)863-8919 ATIORNEYFOR(N"",.):Eagle Mountain Investors,LLC SUPERIOR COURT OF CALIFORNIA.COUNTY OF Riverside California Relay Service Number STREET ADDRESS:4050 Main Street (800)735-2929 TOO or 711 MAILING ADORESS: CITYANDZIPCODE:Riverside,CA 92501 BRANCHNAME:Riverside County Superior Court PLAINTIFFIPETITIONER:Ruth B.Hardy Revocable Trust,et al.COURT CASE NUMBER: OEFENDANTIRESPONDENT:Mark Lee Rlndlesbaeh,et al.RIC1301418 Sheriffs Deed County of Riverside,State of California LEVYING OFFICER FILE NUMBER: Under Writ of Execution 2021301856 Date of Entry of Judgment: Judgment Creditor(s): 01/31/2013 Subsequent Renewal Date(s): Judgment Debtor(s): Eagle Mountain Investors,LLC,clo Kelley &Kelley,19200 Von Karman Ave.,Ste 600,Irvine, CA 92612 Mark Lee Rindlesbach,Trustee of Rindlesbach Const.Inc.Profit Sharing Plan aka Rindlesbach Construction Inc.Profit Sharing Plan aka Mark L.Rindlesbach,Trustee of The Rindlesbach Construction,Inc.Profit Sharing Plan,196 E.Handcart Way,Sandy,UT 84070-0359 Chad Bianco,Sheriff -Coroner,County of Riverside,State of California,hereinafter referred to as "Sheriff". Eagle Mountain Investors,LLC,a Utah Limited Liability Company,clo Kelley &Kelley,19200 Von Karman Ave.,Ste 600,Irvine,CA 92612,hereinafter referred to as Grantee(s). .._ GRANTOR: GRANTEE(S): Whereas,a Writ of Execution was directed and delivered to the Sheriff,together with written instructions by the Judgment Creditor and his/her attorney to levy upon and sell the referenced Judgment Debtor's right,title,and interest in the real property herein described;the real property was levied upon by the Sheriff pursuant to 700.015 CCP on 11/0312021. After waiting the mandatory time prescribed by law,I advertised the herein described real property for sale.On 07/07/2022 10:00 AM,I sold said real property to the highest bidder,Eagle Mountain Investors,LLC,a Utah Limited Liability Company, who paid $250,000.00.This sale was conducted according to the California Code of Civil Procedure and the California Commercial Code (Rules of Auction). I,THE SHERIFF,by virtue of said Writ,and in pursuance of the Code of Civil Procedure,do grant,sell,convey unto the purchaser(s),herein named and identified as Grantee(s),all right,title and interest of the herein named judgment debtor in the reai property described in this deed. CPM Fonn 6.26 11/10/2013 (Revised) Sheriff's Deed County of Riverside,State of California Under Writ of Execution DOC #2022-0345662 Page 3 of 4 SHORT TITLE CASE NUMBER Ruth B.Hardy Revocable Trust,et al.vs.Mark Lee Rindlesbach,et al.RIC1301418 Description of REAL PROPERTY for which this deed is issued: Physical Address:Vacant land located In La Quinta,CA Legal Description:See attached Legal Description Assessor's Parcel Number:See attached Legal Description IN WITNESS WHEREOF,I have hereunto set my hand this:7/26/2022 CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity 01 the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity 01 that document. Siale of California County of Riverside ) On AUG -3 2022 before me ~arltl N.Ava(~I N'otatY Qub{,'(j personally appeared J"ta t.j Ai va r1,7....who proved 10 me on Ihe basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. (Notary Seal) Notary Public in and for the County of Riverside, State of California DOC #2022-0345662 Page 4 of 4 Legal Description: Real property situated in the State of California,County of Riverside,City of La Quinta, described as follows: Parcell: Lots "A"and "C"through "Q"of Tract No.31852,in the City of La Quinta,County of Riverside,State of California,as shown by Map on file in Book 402 Pages 38 through 41, inclusive,of Maps,Records of Riverside County,California. Parcel 2: Non-Exclusive easements and rights of way of uniform width of 10 feet and the right to use in common with others the present irrigation pipeline for the purpose of taking delivery of canal irrigation from the Coachella Valley County Water District Meter No.1674 located in Northwest comer of Lot 1 of Tract 6682; The southerly 10 feet of the northerly'Zf feet of Lot 1 of Tract 6682;the easterly 10 feet of the westerly 36 feet of Lot 3 of Tract 6682;the southerly 10 feet of the northerly 25 feet of the westerly 26 feet of Lot 3 of Tract 6682. APNNos.: 777-470-021 777-470-015 777-470-016 777-470-017 777-470-018 777-470-019