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2024 12 03 CounciltaQa�fra GEM of the DESERT — City Council agendas and staff reports are available on the City's web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, DECEMBER 3, 2024 3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION Members of the public may listen to this meeting by tuning -in live via www.laauintaca.aov/livemeetinas. CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the "Public Comments — Instructions" listed at the end of the agenda. The City Council 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)]. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; CASES NAMES AND NUMBERS — MULTIPLE (listed below, all in U.S. Bankruptcy Court. District of Delaware) CASE NAME: CASE NUMBER SilverRock Development Company, LLC 24-11647 SilverRock Lifestyle Residences, LLC 24-11648 SilverRock Lodging, LLC 24-11650 SilverRock Luxury Residences, LLC 24-11652 SilverRock Phase I, LLC 24-11654 RGC PA 789, LLC 24-11657 RECESS TO CLOSED SESSION CITY COUNCIL AGENDA Page 1 of 7 DECEMBER 3, 2024 RECONVENE AT 4:00 P.M. REPORT ON ACTION(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the "Public Comments — Instructions" listed at the end of the agenda. The City Council 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 TALUS DEVELOPMENT PROJECT (FORMERLY SILVERROCK) — STATUS UPDATE CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE COUNCIL MEETING MINUTES OF NOVEMBER 19, 2024 2. AUTHORIZE OVERNIGHT TRAVEL FOR MANAGEMENT SPECIALIST TO 23 ATTEND THE ANNUAL LASERFICHE EMPOWER 2025 CONFERENCE IN LAS VEGAS, NEVADA, APRIL 14-17, 2025 3. ADOPT ORDINANCE NO. 618 ON SECOND READING APPROVING ZONING 25 ORDINANCE AMENDMENT 2024-0001 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 REGULATIONS; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3) COMMON SENSE EXEMPTION; LOCATION: CITYWIDE STUDY SESSION PAGE DISCUSS DRAFT COACHELLA VALLEY POWER AGENCY JOINT POWERS AGREEMENT REGARDING GROWTH AND DEVELOPMENT OF ELECTRIC POWER IN THE EASTERN COACHELLA VALLEY CITY COUNCIL AGENDA Page 2 of 7 DECEMBER 3, 2024 BUSINESS SESSION PAGE 1. APPROVE HOST VENUE AGREEMENT WITH WORLD TRIATHLON 103 CORPORATION TO HOST THE IRONMAN 70.3 LA QUINTA TRIATHLON 2. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS [ORDINANCE NO. 619] CITY HALL ANNUAL OPEN HOUSE APPROXIMATELY 5:30 P.M. RECESS MEETING TO CITY HALL'S ANNUAL OPEN HOUSE MEET AND GREET APPROXIMATELY 7:00 P.M. MAYOR EVANS RECONVENES THE CITY COUNCIL MEETING BUSINESS SESSION — Continued PAGE 3. ADOPT RESOLUTION TO CERTIFY THE OFFICIAL CANVASS OF ELECTION 167 RESULTS FOR THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 5, 2024 [RESOLUTION NO. 2024-042] 4. APPOINT A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO 173 TEMPORE FOR CALENDAR YEAR 2025 5. APPOINT MEMBERS OF THE CITY COUNCIL TO SERVE ON VARIOUS 175 OUTSIDE AGENCIES FOR CALENDA YEAR 2025 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 City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words). Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing. PAGE 1. CONTINUED FROM NOVEMBER 19, 2024: ADOPT RESOLUTIONS ADOPTING MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2022-0012) AND APPROVING AN AMENDMENT TO THE CITY COUNCIL AGENDA Page 3 of 7 DECEMBER 3, 2024 JEFFERSON SQUARE SPECIFIC PLAN 2022-0004 (SP 2002-062, AMENDMENT 3), TENTATIVE TRACT MAP 2022-0003 (TTM 38604) AND SITE DEVELOPMENT PERMIT 2022-0015 FOR THE DEVELOPMENT OF MULTI- FAMILY RESIDENTIAL UNITS ON THE SOUTH HALF OF THE EXISTING JEFFERSON SQUARE COMMERCIAL CENTER; CEQA: A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED (EA 2022-0012); LOCATION: SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE [RESOLUTION NOs. 2024-043 & 2024-044] 2. ADOPT RESOLUTION TO APPROVE LANDMARK DESIGNATION 2024-0001 463 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 [RESOLUTION NO. 2024-045] 3. ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT 489 APPLICATIONS TO RIVERSIDE COUNTY HOUSING AND WORKFORCE SOLUTIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2025/26 [RESOLUTION NO. 2024-046] DEPARTMENTAL REPORTS PAGE 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY SERVICES 5. DESIGN AND DEVELOPMENT QUARTERLY REPORT - JULY-SEPTEMBER 2024 6. FINANCE 7. PUBLIC SAFETY 8. PUBLIC WORKS MAYOR'S AND COUNCIL MEMBERS' ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND SUSTAINABILITY COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. IMPERIAL IRRIGATION DISTRICT - COACHELLA VALLEY ENERGY COMMISSION (Evans) 6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) CITY COUNCIL AGENDA Page 4 of 7 DECEMBER 3, 2024 8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 9. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Evans) 10. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) 11. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez) 12. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey) 13. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Pena) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 15. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick) 16. IMPERIAL IRRIGATION DISTRICT — ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey) 17. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey) 18. LEAGUE OF CALIFORNIA CITIES — ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey) 19. LEAGUE OF CALIFORNIA CITIES — EXECUTIVE COMMITTEE RIVERSIDE COUNTY DIVISION (McGarrey) 20. CANNABIS AD HOC COMMITTEE (Pena & Sanchez) 21. CVAG PUBLIC SAFETY COMMITTEE (Pena) 22. CVAG HOMELESSNESS COMMITTEE (Pena) 23. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Pena) 24. SUNLINE TRANSIT AGENCY (Pena) 25. ANIMAL CAMPUS COMMISSION (Sanchez) 26. LEAGUE OF CALIFORNIA CITIES — PUBLIC SAFETY COMMITTEE (Sanchez) 27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 28. ART PURCHASE COMMITTEE (Sanchez & McGarrey) 29. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez) 30. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL (Sanchez) ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on December 17, 2024, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City's website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on November 27, 2024. CITY COUNCIL AGENDA Page 5 of 7 DECEMBER 3, 2024 DATED: November 27, 2024 MONIKA RADEVA, City Clerk 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 www.laquintaca.gov/councilagendas, 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 call the City Clerk's office at (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made. If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting. PUBLIC COMMENTS - INSTRUCTIONS Members of the public may address the City Council 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 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to CityClerkMail(a)-LaQuintaCA.gov, no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, 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 Mayor, 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 City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor. In accordance with City Council Resolution No. 2022-027, 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 City Clerk 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. CITY COUNCIL AGENDA Page 6 of 7 DECEMBER 3, 2024 Verbal public comments are defined as comments provided in the speakers' own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor. Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, 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 Mayor. All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City's Internet Web site and any other Internet Web -based platform or other Web -based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.]. TELECONFERENCE ACCESSIBILITY — INSTRUCTIONS Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council 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 Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note — members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public. Only one person at a time may speak by teleconference and only after being recognized by the Mayor. ZOOM LINK: https://us06web.zoom.us/m/86171130130 Meeting ID: 861 7113 0130 Or join by phone: (253) 215 — 8782 Written public comments — can be provided in person during the meeting or emailed to the City Clerk's Office at CityClerkMail(cD-LaQuintaCA.gov any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk's Office can accommodate such request. CITY COUNCIL AGENDA Page 7 of 7 DECEMBER 3, 2024 CONSENT CALENDAR ITEM NO. 1 CITY COUNCIL MINUTES TUESDAY, NOVEMBER 19, 2024 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA City Manager McMillen asked to pull Business Session Item No. 1 from the agenda related to Council's interviews and appointment of a La Quinta resident to serve as the City's representative on the Imperial Irrigation District (IID) Energy Consumers Advisory Committee (ECAC) as the IID Board of Directors disbanded the ECAC, effective January 1, 2025, earlier this afternoon during their regular meeting. Council concurred. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; CASES NAMES AND NUMBERS — MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware) CASE NAME: CASE NUMBER SilverRock Development Company, LLC 24-11647 SilverRock Lifestyle Residences, LLC 24-11648 SilverRock Lodging, LLC 24-11650 SilverRock Luxury Residences, LLC 24-11652 SilverRock Phase I, LLC 24-11654 RGC PA 789, LLC 24-11657 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION A T 3:02 P.M. CITY COUNCIL MINUTES Page 1 of 13 NOVEMBER 19, 2024 9 MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: Mayor Evans said the Council considered only Closed Session Item No. 1 and will reconvene back into Closed Session to consider Closed Session Item No. 2 after the Open Session of the meeting. City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act): CLOSED SESSION ITEM NO. 1 — no new reportable action on this matter; a brief summary of the bankruptcy proceedings status for SilverRock Development Company and its affiliates will be provided under the Announcements, Presentations, and Written Communications section of the agenda, as Presentation No. 1. Council's authorization remains in place for the City Attorney, in coordination with the City Attorney's Office, to defend and protect the interests of the City in the multiple bankruptcy cases filed by SilverRock Development Company and its responsive affiliates as reported out for Closed Session Item No. 2 from the August 6, 2024, Council meeting. PLEDGE OF ALLEGIANCE Councilmember McGarrey led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Alena Callimanis, La Quinta — provided an update on the Read With Me volunteer program which assists children from low income, limited English speaking environments to develop to their fullest potential by learning to read, comprehend, and speak English, including volunteers scheduled to go into local schools; thanked City staff for their assistance; noted the start of the after -school program at Mountain Vista; and questioned why accessory dwelling units (ADUs), tabled for Council's consideration on tonight's agenda as Public Hearing Item No. 3, could not be categorized as "very low income" housing units. PUBLIC SPEAKER: George Christopher, La Quinta — proposed the City create its own energy advisory commission or committee to consider the City's energy needs and allow resident participation and collaboration now that IID has dissolved the ECAC, and offered to participate in any capacity. Mayor Evans said that on December 3, 2024, the Council agenda will include a Study Session Item to discuss the proposed Coachella Valley Power Agency (CVPA) Joint Powers Agreement with Riverside County, IID consumer agencies, and utilities to discuss CITY COUNCIL MINUTES Page 2 of 13 NOVEMBER 19, 2024 10 how to go forward in collectively addressing the needs of the CVPA's members concerning electric service in the eastern Coachella Valley, and to study and evaluate pathways to a transition to a standalone provider of electrical services in this area. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. TALUS DEVELOPMENT PROJECT (FORMERLY SILVERROCK) - STATUS UPDATE City Attorney Ihrke said on August 5, 2024, SilverRock Development Company LLC and its affiliates, collectively referred to as "SDC," voluntarily petitioned for Chapter 11 bankruptcy in U.S. Bankruptcy Court in Delaware; and per Council's direction and approval, the City retained Special Counsel who has continuously been working with the City Manager and City Attorney throughout these proceedings. Prior Announcements regarding the bankruptcy case are available on the City's website at www.laguintaca.gov/taluslq. Mr. Ihrke said on November 12, 2024, the Bankruptcy Court held a hearing that essentially turned into a "status conference" during which an update was provided to the court on a couple of pending items: 1) The Bankruptcy Court was apprised that its current Interim Order authorizing Debtor -In -Possession (or "DIP") Financing allowing the current Chief Restructuring Office (CRO) to administer the debtors' estate, issued October 31, 2024, was continuing to be implemented and would allow for payment of SDC costs until the next scheduled hearing before the court, scheduled for December 3, 2024. As reported previously, this is part of the City -led negotiated DIP Financing that would be provided to the CRO, who is an independent "supervisor," to administer and oversee the debtors' estate and proposed reorganization plan. Pursuant to the Interim Order, the terms of the City's loan and that loan's repayment to the City, and the requirement for the CRO to use these funds only for specific items relating to the Talus site, such as remedial construction work, clean-up, and dust and erosion control, are generally the same as summarized previously. 2) The Bankruptcy Court was apprised that SDC and its affiliates were looking to obtain final signatures for substituting a former judge of the Bankruptcy Court (Christopher S. Sontchi), as the managing member of the SDC entities, who has been retained as a fiduciary with expertise in handling businesses that are in voluntary bankruptcy in other matters, to replace Robert Green and Robert Green Companies as the controlling manager(s) of SDC and its affiliates. This is a corporate governance issue that was brought about and in response to a legal issue raised by the U.S. Trustee's Office, which indicated that the substitution CITY COUNCIL MINUTES Page 3 of 13 NOVEMBER 19, 2024 11 of former Judge Sontchi in this role would satisfy one of the legal issues the U.S. Trustee had raised. At the November 12, 2024, hearing, debtor's counsel represented that all documentation finalizing the retaining of former judge Sontchi in the capacity of controlling manager for the debtor was anticipated to be completed shortly after the hearing. The next Omnibus Hearing date before the Bankruptcy Court is set for December 3, 2024. City Manager McMillen said he met with staff just prior to the SilverRock golf course re- opening on November 7, 2024, following the annual reseeding; a lot of misinformation has been generated regarding the status of the Talus development; and in an effort to provide accurate and up-to-date information, the City has posted signage at prominent locations throughout the project site and printed business cards containing a Quick Response (QR) code directing the public to the City's website at www.laguintaca.gov/taluslq to obtain the most current update on the bankruptcy case, prior developer defaults, as well as the status of the Talus project, including its history and a chronological timeline since 2002 to present. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES DATED NOVEMBER 5, 2024 2. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO ATTEND eTOURISM SUMMIT IN LAS VEGAS, NEVADA, APRIL 20-24, 2025 3. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE RED TERRA NURSERY TO PURCHASE UP TO $175,000 OF PLANT MATERIAL IN FISCAL YEAR 2024/25 4. ACCEPT ON -SITE IMPROVEMENTS ASSOCIATED WITH CLUB VILLA AT ANDALUSIA RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 37790, LOCATED SOUTH OF AVENUE 58, EAST OF MADISON STREET IN THE ANDALUSIA AT CORAL MOUNTAIN DEVELOPMENT 5. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH AURIGO SOFTWARE TECHNOLOGIES, INC. FOR PROJECT MANAGEMENT SOFTWARE 6. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED SEPTEMBER 30, 2024 7. APPROVE DEMAND REGISTERS DATED NOVEMBER 1 AND 8, 2024 CITY COUNCIL MINUTES Page 4 of 13 NOVEMBER 19, 2024 12 MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve the Consent Calendar as presented. Motion passed unanimously. BUSINESS SESSION — pulled from the Agenda as noted during Confirmation of Agenda • , ■ • , 0111 • r • „ „ • r AnigivElWAMLA No ma - ■ ■ STUDY SESSION 1. DISCUSS VISTA SANTA ROSA COMMUNITY MEMBERS SURVEY RESULTS AND ZONING STANDARDS COMPARISON BETWEEN LA QUINTA AND RIVERSIDE COUNTY RELATING TO THE SOUTHERN SPHERE OF INFLUENCE (SOI) AREA Planning Manager Flores, Senior Planner Nespor, and Consulting Planner Criste, CEO of Terra Nova Planning and Research, Inc., presented the staff report, which is on file in the Clerk's Office. Council discussed the results of the comprehensive survey; residential heights existing in the SOI; more community outreach warranted to determine why some residents are not in favor of annexation; outreach should include the benefits of joining the City of La Quinta; the future intent for the SOI area; the attraction of the current quality of life in the SOI; the tremendous addition the SOI would be to the City; the County's Regional Housing Needs Allocation (RHNA) requirements and specifically for the SOI area; need to understand the impacts an annexation would have on the City's RHNA requirements; need to develop policy regarding ranchos; need to provide information on current and future energy issues; need to understand how property taxes would be affected; annexing the entire SOI versus piecemealed annexation of individual parcels within the SOI; developing a master planning effort to create a cohesive long-term plan for the SOI embracing comments from the SOI residents; suitability of the SOI for affordable/workforce housing; diversifying property types in the City; examination of tax revenue — property tax being the lowest revenue source; the requirement to provide public services to the standard the rest of the City enjoys; interest of developers who own SOI land; worthwhile to map out the "yes" and "no" responses to the survey; need to know the County's plans for the SOI area, particularly affordable housing; requirement to annex contiguous areas; and production of a fact -sheet addressing survey comments and concerns. PUBLIC SPEAKER: John Powell, Vista Santa Rosa, land owner and farmer — noted the survey's low response rate may be due to one response from an owner who owns multiple parcels, even though multiple copies were sent for each of his/her/their parcels; additional tax revenue due to the City once the County pays off the Redevelopment Agency bonds; the impact of the recently County -approved enhanced infrastructure finance district on the SOI; the Vista Santa Rosa overlay that is part of the County's General Plan should be CITY COUNCIL MINUTES Page 5 of 13 NOVEMBER 19, 2024 13 examined; appreciates the preservation of the right to farm; and believes annexation by La Quinta would bring value to his property. PUBLIC SPEAKER: Tara Bravo Malai, PGA West, La Quinta — said that she would be happy to welcome the residents of Vista Santa Rosa into the City; and supports the survey efforts and the protections the City provides to residents. PUBLIC SPEAKER: Gayle Cady, Vista Santa Rosa — one of the original petitioners for the Vista Santa Rosa community over 30+ years ago; appreciates that, of the three neighboring cities interested in annexing Vista Santa Rosa, La Quinta has been the first to do a resident survey; consider that many SOI residents have horses and wish to continue that lifestyle; regarding any "grandfather" zoning clause, asked if there is also a "sunset" clause; and requested the City continue its outreach to SOI residents via television, newspaper, mail, etc. PUBLIC SPEAKER: Mark Tadros, Vista Santa Rosa, farmer — suggested that the City better explain not only why Vista Santa Rosa residents should want to be annexed, but also why La Quinta wishes to annex Vista Santa Rosa; and suggested the City conduct community outreach meetings for more personal communication and exchange. PUBLIC SPEAKER: David Dinnel, La Quinta — wondered what the benefit of annexation would be to existing City residents since there would be significant cost to the City to provide services and capital output; and expressed concerns about decline in short-term vacation rental (STVR) interest and housing density. Council reached a consensus and directed staff to map survey responses; continue outreach; begin focus group planning sessions; and establish a timeline of the annexation process. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:22 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:30 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS 1. ADOPT RESOLUTION TO UPDATE THE CITY'S SHORT-TERM VACATION RENTAL PROGRAM USER AND REGULATORY FEES [RESOLUTION NO. 2024-041] City Clerk Radeva presented the staff report, which is on file in the Clerk's Office. Council discussed the addition of the "multi -unit lock -off STVR unit" definition; the need to define in the municipal code, how the multi -unit lock -offs are accomplished to avoid loopholes; effect of multi -unit lock -off definition on Legacy Villas; how cost -recovery is accounted; and cost -recovery efforts of other cities. CITY COUNCIL MINUTES Page 6 of 13 NOVEMBER 19, 2024 14 MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:43 P.M. PUBLIC SPEAKER: David Dinnel, La Quinta — has STVRs; shocked at the high increase in fees; doesn't understand the basis for the increase; and cost of enforcement of illegal STVRs should not be included in the program recovery costs. PUBLIC SPEAKER: George Christopher, La Quinta — asked about the difference between the General STVR permit and the General STVR permit subject to annual mitigation fees listed as number 3 and 4 in the staff report; and questioned whether the City would begin to issue new permits and in what locations. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:57 P.M. MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to adopt Resolution No. 2024-041 as presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE SHORT-TERM VACATION RENTAL PROGRAM USER AND REGULATORY FEES Motion passed unanimously. 2. ADOPT RESOLUTIONS ADOPTING MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2022-0012 AND APPROVING AN AMENDMENT TO THE JEFFERSON SQUARE SPECIFIC PLAN 2022-0003 (TTM 38604) AND SITE DEVELOPMENT PERMIT 2022-0015 FOR THE DEVELOPMENT OF MULTI -FAMILY RESIDENTIAL UNITS ON THE SOUTH HALF OF THE EXISTING JEFFERSON SQUARE COMMERCIAL CENTER; CEQA: A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED (EA 2022-0012); LOCATION: SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE [RESOLUTION Nos 2024-042 AND 2024-043] Planning Manager Flores introduced Consulting Planner Criste, CEO of Terra Nova Planning and Research, Inc., who presented the staff report, which is on file in the Clerk's Office. Council discussed using different materials on clearly marked designated pedestrian pathways and crosswalks access within the center; Specific Plan variations regarding parking requirements and height; impact on schools attendance, and missing school response; and current traffic count, and the estimated traffic count per the Specific Plan for the commercial center being higher than the traffic count for the proposed housing development. APPLICANT PRESENTATION: Luis Gomez, representative of the applicant, Flora La Quinta, LLC., and Principal with goUrban Development — provided an overview of the project, including project history, design, restrictions and considerations of the surrounding existing infrastructure, commercial and residential components, collaboration and outreach with surrounding residents and outside agencies; and community benefits. CITY COUNCIL MINUTES Page 7 of 13 NOVEMBER 19, 2024 15 MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:20 P.M. Mayor Evans said WRITTEN PUBLIC COMMENTS were received from La Quinta resident Alice Garza in opposition of the proposed Jefferson Square commercial center specific plan amendment, proposing a residential component, located at the southwest corner of Jefferson Street and Fred Waring Drive, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting. PUBLIC SPEAKER: Heidi Kemp, La Quinta (received donated time from resident Kathleen Boylan) — a current teacher in the Desert Sands Unified School District (DSUSD), said this project will impact local schools which are currently overfull; opposed to the project due to reduction of parking requirements which may cause increased parking in the neighboring Monticello development in which she resides; traffic and parking is already horrendous due to the nearby park; requested speed limit signs in her neighborhood; residents in Monticello don't have the funds to create a homeowners association (HOA) to make it a gated community; City needs to worry about its existing residents first; Jefferson Square should be developed as a commercial development entirely that services residents as originally planned and promised; and hedges will not provide the needed privacy. PUBLIC SPEAKER: Steven Williams, La Quinta — lives in Monticello; opposed to the project; it should be kept commercial as originally planned; and residents should not suffer because the developer lost its commercial tenants. PUBLIC SPEAKER: Bryan Peterson, La Quinta — all surrounding communities are single - story homes for privacy; opposed to the project due to multi -story buildings decreasing privacy of existing homes; only commercial was intended when residents bought their homes; egress and safety issues; parking concerns will increase; and not the right project, it should be kept commercial. PUBLIC SPEAKER: Jonathan Redd, La Quinta — opposed the project due to the proposed residential development being an apartment complex; traffic and parking concerns; and currently overcrowding of schools will worsen. PUBLIC SPEAKER: Nathan March, La Quinta — said he felt Planning Commissioners were dismissive; already must deal with the traffic the nearby park brings to the area; not opposed to building out the project; opposed to an apartment building overlooking the existing surrounding homes; and changing from commercial to residential is a failure of the developer. PUBLIC SPEAKER: David Sterling, La Quinta — teacher and coach at DSUSD — schools will be impacted, already overcrowded; opposed to two-story residential; the site has been mismanaged; and would not have purchased his home if he knew two-story residential would be proposed and/or built adjacent to his property. CITY COUNCIL MINUTES Page 8 of 13 NOVEMBER 19, 2024 16 PUBLIC SPEAKER: Charlie Jimenez, buildings 5 and 6; hedge barriers are adversely affect his and neighbors' residential. La Quinta — lives opposite of the proposed not acceptable privacy for his backyard; will property values; and opposed the two-story PUBLIC SPEAKER: Angel Trejo, La Quinta — 20-year resident; has two daughters at home; already burdened with traffic; and opposed to the project. PUBLIC SPEAKER: Marshall Cooper, La Quinta — opposed; would not have purchased his house in 2020 if he knew residential development was being planned at the commercial center; concerned about Riverside County Sheriff's Department's response to having the proposed residential development in the area; asked about stepping up elevation, rather than two -stories along the border; and hedges need time to grow and they die, and suggested requiring a 30-foot wall instead. PUBLIC SPEAKER: Laurie Skochil, La Quinta — bought her home with the expectation of walking to a variety of commercial businesses; asked Council to visit the site and view sight lines and parking; Monticello is currently a traffic cut -through; asked about notification radius for the public hearing; opposed the project; and property values will be diminished. PUBLIC SPEAKER: Michael Rodriguez, La Quinta — opposed to the project because traffic is already crazy; his neighbors will have others looking into their backyards; his backyard is his oasis; and residential doesn't belong at this site, it should be commercial. WRITTEN COMMENTS: Anonymous, Monticello resident, La Quinta — opposed to the project, would like commercial uses only. Council discussed traffic ingress and egress; per DSUSD guidelines the proposed residential project would generate 14 elementary-, 8 middle-, and 12 high-school students; hedge maintenance, and possibly imposing stringent maintenance requirements conditions; opportunity to improve landscaping of entire development; commercial properties not good at plant maintenance; Covenants, Conditions, and Restrictions (CC&Rs) to exist between the commercial and residential components of the center; no additional fencing planned; preserve cross access of the center and to the adjacent public park; the applicant's experience with similar developments; the need for a variety of additional housing types in La Quinta; similar residential developments next to commercial centers in other parts of the city; current La Quinta property values; the proposed apartments are market -rate; setbacks; quality build planned with varying heights; speed limits and road diet improvements made in the surrounding area; CC&Rs often dictate the new commercial that is permitted; accuracy of the line -of -sight as presented; modification of parking standards; type of mixed -use projects to be expected in the future; infill development is now the norm; apartments not being a nest of crime, not transients; market rate apartments are generally more or as expensive as a mortgage; imposing a permitting system for apartment parking; entrances to the park; use of CITY COUNCIL MINUTES Page 9 of 13 NOVEMBER 19, 2024 17 commercial parking spaces for the park; and research mitigation options for Monticello parking and traffic issues. PUBLIC SPEAKER: Heidi Kemp, La Quinta — asked why possible future La Quinta apartment residents are more important than existing residents. PUBLIC SPEAKER: Nathan March, La Quinta — if Council moves forward with this project, they must understand the likely reality that there would be dead hedges, more cars, etc.; and suggested consideration to put in more speed bumps and more traffic cops in the area. PUBLIC SPEAKER: George Christopher, La Quinta — not for or against the project; permit parking is an option; and the City could reduce landscaping area and repurpose it for additional parking. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 8:02 P.M. Council and staff discussion followed regarding possibly continuing the public hearing to the next Council meeting to allow Council to visit the site to observe sight lines and examine the traffic patterns in the area; and potentially conditioning the project to permit parking. MAYOR EVANS DECLARED THE PUBLIC HEARING REOPENED AT 8:06 P.M. Council reached a consensus to continue this item for two weeks, during which time, Council will visit the site to observe sight lines, parking conditions, and traffic flow. MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to continue this item to the December 3, 2024, Council meeting. Motion passed unanimously. 3. INTRODUCE FOR FIRST READING AN ORDINANCE APPROVING 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 REGULATIONS; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3), COMMON SENSE EXEMPTION. LOCATION: CITY-WIDE [ORDINANCE NO. 618] Senior Planner Nespor and Planning Manager Flores presented the staff report, which is on file in the Clerk's Office. CITY COUNCIL MINUTES Page 10 of 13 NOVEMBER 19, 2024 18 Council discussed fees for processing expedited applications; and importance that any applications for Large Lot Qualified and Certified clearly state whether or not the applicant intends to use the property to hold special events. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 8:19 P.M. PUBLIC SPEAKER: None. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 8:19 P.M. MOTION — A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to make a finding, included in Ordinance No. 618, that adopting this ordinance is exempt under the California Environmental Quality Act pursuant to Section 15061(b)(3) Review of Exemptions — Common Sense Rule, and is consistent with the previously approve General Plan 2035 Environmental Impact Report. Motion passed unanimously. MOTION — A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to take up Ordinance No. 618 by title and number only and waive further reading as presented. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 618 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 AND TITLE 13 OF THE LA QUINTA MUNICIPAL CODE REGARDING RESIDENTIAL SPECIAL EVENTS, TENTATIVE MAP PUBLIC HEARING NTOICES, VILLAGE PARKING ALLWOANCES, VINYL FENCING, BED AND BREAKFAST INNS, RESIDENTIAL GARAGE SETBACKS, TEMPORARY USE PERMIT TIMING AND EXPIRATIONS, AND ACCESSORY DWELLING UNIT REGULATIONS PROJECT: ZONING ORDINANCE AMENDMENT 2024-0001 MOTION — A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to introduce at first reading Ordinance No. 618 as presented. Motion passed unanimously. DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Evans reported on her, and other Councilmembers' attendance at Coachella Valley Economic Partnership Economic Summit; Magic Lights event; Family Fall Festival; La Quinta Arts Celebration awards reception; Charity Day; Feed the Heros Lunch at La Quinta High School; AMEX Board meeting; Kitchen Idea ribbon cutting; Heart Walk; Veteran's Day; Sam Croce 101 st birthday; Friends of Desert Mountains fundraiser; and Braille Institute CEO conference. CITY COUNCIL MINUTES Page 11 of 13 NOVEMBER 19, 2024 19 Councilmember Sanchez reported on his attendance at the Alzheimer's Center open - house and Leadership Coachella Valley Speaker Series. Councilmember McGarrey reported on her attendance at the Wildland Conservation 30- year desert protection event. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2024, Mayor Evans reported on her participation in the following organizations' meetings: • CVAG COACHELLA VALLEY CONSERVATION COMMISSION • CVAG ENERGY AND SUSTAINABILITY COMMITTEE • VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS' BUREAU • IMPERIAL IRRIGATION DISTRICT— CV ENERGY COMMISSION La Quinta's representative for 2024, Councilmember Fitzpatrick reported on her participation in the following organization's meeting: • RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta's representative for 2024, Councilmember McGarrey reported on her participation in the following organizations' meetings: • COACHELLA VALLEY MOUNTAINS CONSERVANCY • LEAGUE OF CALIFORNIA CITIES — EXECUTIVE COMMITTEE, RIVERSIDE COUNTY DIVISION La Quinta's representative for 2024, Mayor Pro Tern Pena reported on his participation in the following organization's meeting: • CVAG PUBLIC SAFETY COMMITTEE La Quinta's representative for 2024, Councilmember Sanchez reported on his participation in the following organization's meeting: • SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 8:39 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 9:03 P.M. WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES Page 12 of 13 NOVEMBER 19, 2024 20 REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported the following pursuant to Government Code section 54957 (Brown Act): • CLOSED SESSION ITEM NO. 2 — no reportable action. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Pena/Sanchez to adjourn at 9:03 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 13 of 13 NOVEMBER 19, 2024 21 22 CONSENT CALENDAR ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: December 3, 2024 STAFF REPORT AGENDA AUTHORIZE OVERNIGHT TRAVEL FOR MANAGEMENT SPECIALIST TO ATTEND THE ANNUAL LASERFICHE EMPOWER 2025 CONFERENCE IN LAS VEGAS, NEVADA, APRIL 14-17, 2025 RECOMMENDATION Authorize overnight travel for Management Specialist to attend the annual Laserfiche Empower 2025 conference in Las Vegas, Nevada, April 14-17, 2025. EXECUTIVE SUMMARY • Annually, Laserfiche holds the Laserfiche Empower conference (Conference) which provides three days of intense training, hands on labs, and networking with other municipal users. • The Management Specialist seeks additional knowledge in the City's Laserfiche content management software, enhanced business processes, and upcoming technological innovations. • The Conference will educate on the expanded capacities of the software and the peer -tested ways to utilize the system to benefit all City departments and operations. FISCAL IMPACT Estimated expenses are $1,250, which includes travel, lodging, and meals for one attendee. The City received one free Conference registration valued at $1,102.31. Funds are available in fiscal year 2024/25 City Clerk's Travel and Training budget (101-1005- 60320). BACKGROUND/ANALYSIS Laserfiche is a robust enterprise content management software used by the City since 2002 as the City's permanent electronic records repository, digital research library, and paperless archive. The Conference is the premier educational and peer exchange event for the Laserfiche community and professionals who are interested in learning ways to improve efficiency 23 and transform their organization. Each year 3,000+ Laserfiche customers, partners, and IT professionals attend this Conference, which offers more than 250 sessions and hands- on labs taught by industry experts, Laserfiche engineers, and experienced users. This three-day intensive annual Conference provides participants with the tools and resources they need to get the most out of their Laserfiche system. ALTERNATIVES Council may elect not to authorize this request; however, since this will provide information and training that is vital to successfully administering the Laserfiche system to its full potential, staff does not recommend this alternative. Prepared by: Olivia Rodriguez, Management Specialist Approved by: Monika Radeva, City Clerk 24 CONSENT CALENDAR ITEM NO. 3 City of La Quinta CITY COUNCIL MEETING: December 3, 2024 STAFF REPORT AGENDA TITL- : ADOPT ORDINANCE NO. 618 ON SECOND READING APPROVING ZONING ORDINANCE AMENDMENT 2024-0001 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 REGULATIONS; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3) COMMON SENSE EXEMPTION; LOCATION: CITYWIDE RECOMMENDATION Adopt Ordinance No. 618 on second reading approving Zoning Ordinance Amendment 2024-0001. EXECUTIVE SUMMARY • On November 19, 2024, Council introduced Ordinance No. 618 for first reading to amend various sections of Titles 9 and 13 of the La Quinta Municipal Code (Code) and approve Zoning Ordinance Amendment (ZOA) 2024-0001. • If adopted on second reading, Ordinance No. 618 will go into effect 30 days after adoption or on January 3, 2024. FISCAL iMNAc i — None. BACKGROUND/ANALYSIS Staff periodically reviews the Code to ensure clarity and consistency with current federal, state, and local regulations and procedures. On November 19, 2024, Council introduced Ordinance No. 618 for first reading to amend various sections of Titles 9 and 13 of the Code and approve ZOA 2024-0001. If adopted on second reading, Ordinance No. 618 will go into effect 30 days thereafter, or on January 3, 2024, and amend the Code as follows to clean up, update, and clarify standards described as follows: 25 • Sections 9.40.030 and 9.60.270 — Table of permitted uses — removes Bed and Breakfast Inns as a permitted use in Residential zones, as there is a lack of interest in this, particularly since exempting Homeshare Short -Term Vacation Rental (STVR) Permits in Chapter 3.25 of the Code, as of January 2024. • Section 9.60.030 — Fences and walls — allows vinyl fencing in the front yard on a case -by -case basis, to be approved by the Design and Development Director. • Section 9.60.060 — Garage and carports — modify the setback requirements from 25-feet to 20-feet to be consistent with Residential Development Standards Table 9-2 in Section 9.50.030 of the Code. • Section 9.60.090 — Accessory dwelling units (ADU) — allows for ADUs to be sold separately from the main residence to a qualified low or moderate income household, to be consistent with state law regulations. • Section 9.60.170 — Special events — residential — removes special event tiers, modifies language regarding events held at STVR properties, establishes parking requirements, administrative citations for violations of conditions of approval and a "two -strikes" policy to suspend the allowance of a property to apply for a permit. • Sections 9.140.090, 9.150.010, 9.150.050, and 9.150.070 — Village Parking Allowances — provides clarification of the parking reductions allowed pursuant to the Village Build -Out Area in Section 9.70.110 of the Code and allows for flexibility for future development applications. • Section 9.210.020 — Conditional use permits — clarify use of terminology within the Code. • Section 9.210.050 — Temporary use permits — provides for time limits or expiration dates, provision to apply for extensions, and provisions for revocation of permit. • Section 13.12.100 — Public Notice Procedure — modifies the publication requirements to 10-days for Tentative Maps to be consistent with state law and other City applications. PUBLIC REVIEW Public Notice ZOA 2024-0001 was advertised in The Desert Sun newspaper on November 8, 2024, in accordance with state law, prior to introducing Ordinance No. 618 at first reading on November 19, 2024. 26 Planning Commission Review At its regular meeting of October 8, 2024, the Planning Commission recommended Council approval of all proposed amendments. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the project is exempt from environmental review pursuant to Section 15061 (b)(3) of CEQA, Common Sense Exemption, in that it can be seen that the project would not cause any adverse impacts on the environment. ALTERNATIVES As Council approved this ordinance at first reading, staff does not recommend an alternative. Prepared by: Oscar Mojica, Deputy City Clerk Approved by: Monika Radeva, City Clerk 27 ORDINANCE NO. 618 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TITLE 9 AND TITLE 13 OF THE LA QUINTA MUNICIPAL CODE 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 REGULATIONS PROJECT: ZONING ORDINANCE AMENDMENT 2024-0001 WHEREAS, the City Council of the City of La Quinta, California did, on November 19, 2024, hold a duly noticed public hearing for review of a City -initiated request of Zoning Ordinance Amendment 2024-0001 to amend various sections of Title 9 and Title 13 of the La Quinta Municipal Code; and WHEREAS, previous to said Public Hearing, the Planning Commission of the City of La Quinta did, on October 8, 2024, held a duly noticed public hearing and adopted Planning Commission Resolution No. 2024-015, recommending the City Council adopt all code amendments; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on November 8, 2024, as prescribed by the Municipal Code; and WHEREAS, the zone text amendment is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Review of Exemptions — Common Sense Rule and is consistent with the previously approved findings of the General Plan 2035 Environmental Impact Report (Environmental Assessment 2012-622) as the proposed amendments implement the goals, policies, and programs of the General Plan; and WHEREAS, Title 9 of the Municipal Code contains the chapters that address permitted uses, development standards, development review, and permitting procedures and Title 13 of the Municipal Code contains chapters that address subdivision regulations; and WHEREAS, the proposed zoning text amendments are necessary to update or clarify development standards; and 28 Ordinance No. 618 Zoning Ordinance Amendment 2024-0001 Amendments to Titles 9 and 13 Adopted: December 3, 2024 Page 2 of 4 WHEREAS, the proposed zoning text amendments are necessary to be in compliance with State housing law regulations for accessory dwelling units; and WHEREAS, at said public hearing, upon hearing and considering all public testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment (9.220.020(E)) and incorporated herewith by this reference: 1. Consistency with General Plan The code amendment is consistent with the goals, objectives, and policies of the General Plan. The proposed amendments are supported by Policy LU-1.2 for land use decisions to be consistent with General Plan policies and programs and uphold the rights and needs of property owners and the public and Policy LU-3.3 to maintain residential development standards that assure a high quality of development in the Zoning Ordinance; and 2. Public Welfare Approval of the code amendment will not create conditions materially detrimental to the public health, safety, and general welfare. The amendment meets State housing law regulations for development of accessory dwelling units, allows for site design flexibility for various residential features, clarifies language in the municipal zoning code, and does not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety, and welfare considerations. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Titles 9 and 13 shall be amended as written in "Exhibit A" attached hereto, and incorporated herewith by this reference. SECTION 2. The proposed zone text amendment is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Review of Exemptions — Common Sense Rule and is consistent with the previously approved General Plan 2035 Environmental Impact Report (Environmental Assessment 2012-622). SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment 2024-0001, as set forth in attached "Exhibit A" for the reasons set forth in this Ordinance. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. 29 Ordinance No. 618 Zoning Ordinance Amendment 2024-0001 Amendments to Titles 9 and 13 Adopted: December 3, 2024 Page 3 of 4 SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council (Resolution No. 2022-027), shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. SECTION 6. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 3rd of December 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California 30 Ordinance No. 618 Zoning Ordinance Amendment 2024-0001 Amendments to Titles 9 and 13 Adopted: December 3, 2024 Page 4 of 4 APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 31 Ordinance No. 618 Zoning Ordinance Amendment 2024-0001 Amendments to Titles 9 and 13 Adopted: December 3, 2024 9.40.030 Table of permitted uses. EXHIBIT A Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following: "P": Permitted as a principal use within the district. "PUD": Planned unit development. "A": Permitted only if accessory to the principal residential use on the site. "C": Permitted if a conditional use permit is approved. W": Permitted if a minor use permit is approved. "W: Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved. "S": Permitted if a specific plan is approved per Chapter 9.240. "X": Prohibited in the district. Table 9-1 Permitted Uses in Residential Districts P = Permitted use A = Accessory use4-1 C = Conditional use permit v N a PUD =Planned unit development ,n M = Minor use permit V) c v or N o °C H= Home occupation permit o t _0 o = N S= Specific plan required J LA a E v o T= Temporary use permit L a) 6 ._ 6 7 X =Prohibited use � U M (2, Land Use RVL RL RC RM RMH RH Single-family detached dwellings P P P P P S Single-family detached patio homes (i.e., "zero lot- PUD PUD PUD PUD PUD PUD line") Duplexes (two units on the same lot) PUD PUD X PUD P P Single-family attached dwellings (two units per PUD PUD X PUD P P building with each unit on its own lot) Townhome dwellings (two or more units per building PUD PUD X P P P with each unit on its own lot) Condominium multifamily ("airspace" units) PUD PUD X P P P Apartment multifamily (rental units) X X X P P P Mobilehome parks C C C C C C Mobilehome subdivisions and manufactured homes P P P P P S on individual lots, subject to Section 9.60.180 Resort residential subject to Section 9.60.310 P P X P P P (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:35 [EST] Page 1 of 4 32 Guesthouses, subject to Section 9.60.100 A A A A A A Second residential units subject to Section 9.60.090 A A A A A A Group Living and Care Uses Child day care facilities as an accessory use, serving 6 or fewer children, subject to Section 9.60.190 A A A A A A Child day care facilities as an accessory use, serving 7-14 children, subject to Section 9.60.190 A A A A A A Congregate living facilities, 6 or fewer persons P P P P P X Congregate care facility C C C C C C Residential care facilities, 6 or fewer persons P P P P P P Senior citizen residences, 6 or fewer persons P P P P P P Senior group housing, 7 or more persons X X X M M M Time share facilities, subject to Section 9.60.280 M M M M M M Supportive housing X X X P P P Transitional housing X X X P P P Open Space and Recreational Uses Public parks, playfields and open space P P P P P P Bicycle, equestrian and hiking trails P P P P P P Clubhouses and community pools/cabanas P P P P P P Unlighted tennis and other game courts on private property, subject to Section 9.60.150 A A A A A A Lighted tennis and other game courts on private property, subject to Section 9.60.150 M M M M M M Golf courses and country clubs per Section 9.110.040 P P P P P P Driving range with or without lights M M X M M M Accessory Uses and Structures Home occupations, subject to Section 9.60.110 A A A A A A Cottage food operations, subject to Section 9.60.115 P P P P P P Patio covers, decks, and gazebos, subject to Section 9.60.040 A A A A A A Fences and walls, subject to Section 9.60.030 P P P P P P Satellite dishes and other antennas subject to Section 9.60.080 A A A A A A Swimming pools, spas and cabanas, subject to Section 9.60.070 A A A A A A Garages and carports, subject to Section 9.60.060 A A A A A A Keeping of household pets, subject to Section 9.60.120 A A A A A A (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:35 [EST] Page 2 of 4 33 On lots of 1 acre or more, the noncommercial A A X X X X keeping of hoofed animals, fowl (except roosters) and rabbits, subject to Section 9.60.120. Hoofed animals include horses, sheep, goats, pot bellied pigs, and similar. The keeping of horses is subject to Section 9.140.060 and limited to one horse per 2.5 acres. Other accessory uses and structures which are A A A A A A customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district. Agricultural Uses Tree crop farming; greenhouses P X X X X X Field crop farming P M X X X X Produce stands, subject to Section 9.100.100 P T X X X X Temporary Uses Garage sales A A A A A A Construction and guard offices, subject to Section A A A A A A 9.60.200 Use of relocatable building M M M M M M Model home complexes and sales offices, subject to M M M M M M Section 9.60.240 Special outdoor events, subject to Section 9.60.170 M M M M M M Parking of recreational vehicles, subject to Section A A A X X X 9.60.130 Other Uses Churches, temples and other places of worship C C C C C C Museum or gallery displaying sculpture, artwork or M M M M M M crafts, including schools for above, on 20 acres or more Community recreational vehicle storage lots, A A X A A A noncommercial Communication towers and equipment C C C C C C (freestanding, new towers) subject to Chapter 9.170 Communication towers and equipment (co -location, M M M M M M mounted to existing facility) subject to Chapter 9.170 Utility substations and facilities M M M M M M Public flood control facilities and devices P P P P P P (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:35 [EST] Page 3 of 4 34 Other principal, accessory or temporary uses not in Director or planning commission to this table. determine whether use is permitted in accordance with Section 9.20.040. (Ord. 602 Exh. A, 2022; Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 2, 2016; Ord. 523 § 1, 2015; Ord. 515 § 1, 2013; Ord. 512 § 1, 2013; Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 1, 2005; Ord. 394 § 2, 2003; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:3S [EST] Page 4 of 4 35 9.60.030 Fences and walls. A. Purpose. For purposes of this section, "fence" or "wall" means any type of fence, wall, retaining wall, sound attenuation wall, screen or windscreen. The terms "fence" and "wall" are used interchangeably in this section to mean any or all of the preceding structures. Rear and side yards shall be completely enclosed and screened by view -obscuring fencing, walls, or combinations, unless: Adjoining property owners waive the rear or side yard fencing requirements; or The fence abuts open space, such as golf course, lake front, or similar areas; or A minor use permit is approved by the design and development director for an alternative approach. B. Measurement of Fence Height. Except as otherwise specified in this section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher. FENCES MORE THAN 30" APART (between adjacent faces) SHALL BE CONSIDERED SEPARATE STRUCTURES FOR OPEN RAILING UP TO 48" HIGH PURPOSES OF MEASURING HEIGHT ON TOP OF MAX. HEIGHT WALL FOR PEDESTRIAN SAFETY INDEPENDENT WALL L--"L—iL— )ENT WALL Measurement of Fence Height In addition, the following provisions shall apply to the measurement of fence height: Open railings, up to forty-eight (48) inches high, placed on top of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement. Fences less than thirty (30) inches apart (measured between adjoining faces) shall be considered one (1) structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Fences thirty (30) inches or more apart shall be considered separate structures and their heights shall be measured independently. The director may require that the area between such fences be provided with permanent landscaping and irrigation. C. Fence Heights. The construction and installation of fences shall be in compliance with the following standards: Within Main Building Area. In the area of a lot where a main building may be constructed, the maximum freestanding fence height shall be twelve (12) feet. Setback Areas Not Bordering Streets. The maximum fence height shall be six (6) feet within any required setback area not adjoining a street. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured Created: 2024-08-07 10:59:3S [EST] (Supp. No. 5, Update 3) Page 1 of 4 36 from the elevation of the adjoining building site to the top of the fence. However, fence height shall not exceed eight (8) feet measured from either side with the exception of the RC district. Setback Areas Bordering Streets, Alleys and Other Accessway. a. Within all districts, the maximum fence height shall be six (6) feet within any front, rear or side setback area adjoining a public street. b. Notwithstanding other fence height restrictions, where, because of the orientation of the lots, a property line fence separates a front yard on one (1) lot from a rear yard on an adjacent lot, the maximum fence height shall be six (6) feet. C. Arches or trellises up to nine (9) feet in overall height and five (5) feet interior width may be constructed over a gate on a lot provided the arch/trellis is integrated into the fence/gate design. The director may refer arch designs exceeding the standard to the planning commission for approval. d. Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of subsection (C)(4) of this section. e. City- or state -required sound attenuation walls bordering freeways or arterial highways may exceed six (6) feet in height if so recommended by a noise attenuation study and approved by the director. f. When there is a combined retaining and garden wall, and the retaining wall exceeds three (3) feet, the garden wall shall not exceed five (5) feet in height; Adjacent to a Nonresidential Zone or Use. The maximum fence height between a residential zone or use and a nonresidential zone or use shall be eight (8) feet. The height of fences, trees, shrubs and other visual obstructions shall be limited to a maximum height of thirty (30) inches within the triangular area formed by drawing a straight line: Between two (2) points located on and twenty (20) feet distant from the point of intersection of two (2) ultimate street right-of-way lines. ii. Between two (2) points located on and five (5) feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other if parkway width is less than twelve (12) feet wide. b. For purposes of this code, "point of intersection" means the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two (2) lines. C. The height restrictions of this subdivision shall apply to fences, walls, trees, shrubs, vegetation, or any other material which obstructs or may obstruct visibility. Gates. Materials. Gates shall be constructed of ornamental iron/tubular steel, vinyl and/or wood. Such gates may be placed in any location provided they meet the requirements of this section and provided any wood used is not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. Wood gates over thirty-six (36) inches wide shall have a metal frame. Chain link gates are prohibited. Vehicular driveway gates shall be constructed of ornamental iron/tubular steel and metal if solid. If screening an RV, the gate shall be constructed of a solid opaque material. Width. Pedestrian gates shall not exceed five (5) feet in width, except that gates may be any width within side yard setbacks of at least twelve (12) feet. Created: 2024-08-07 10:59:35 [EST] (Supp. No. 5, Update 3) Page 2 of 4 37 Fence Construction and Materials. All fencing in residential districts shall conform to the following construction and material standards: Wood Fencing. a. Except for gates, split two (2)-rail fencing, and for equestrian fencing regulated by Section 9.140.060, wood or similar recycled fencing materials are permitted in rear or interior side yards only, and only if not visible from the street. Wood -framed fencing with a stucco finish is permissible in any location on the lot provided the color of the masonry or stucco matches or complements the adjacent wall or structure. Gates may be of wood in any location provided they comply with the standards of this section. b. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. C. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal four inches by four inches (4"x4") redwood, pressure -treated lumber, tubular steel or block and installed per the Uniform Building Code. d. Split Rail Fencing. Split two (2)-rail fencing shall be allowed in the front yard or along the front property line with columns a maximum height of four (4) feet and three (3) feet for the top rail. All columns shall be cemented with footings. Materials for the columns shall be wood, brick, or block. The rails may be either wood or other non -wood products that have the appearance of split rail. A building permit shall be obtained prior to construction. 2. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing may be used along the front or street side yards only. The iron or steel shall be painted to match or complement the adjacent wall or structure. 3. Masonry Fencing. Solid masonry fencing (i.e., block, rock, brick, with or without stucco covering) is permitted in any location on the lot provided the color of the masonry or stucco matches or complements the adjacent wall or structure. Precision concrete block shall not be used unless all exterior surfaces visible from outside the property are covered with stucco, paint, texture coating, or other comparable coating approved by the director. 4. Material Combinations. Combinations of two (2) or more of the preceding materials may be used provided that the bottom one-half (%) of the fence is constructed of a masonry material. Combinations incorporating wood materials shall only be used for the rear and interior side yards and only when not visible from the street. 5. Other Materials. Other fence materials or combination of fence materials such as, but not limited to, corrugated metal, vinyl, bamboo, and glass may be permitted in the front or street side yard by the director in conjunction with approval of a building permit for fence construction if the permit application includes a materials sample, a site plan with proposed fence alignment, photographs of the main dwelling, and the following findings are made: The design of the fence, including, but not limited to, the architectural style, materials, colors, architectural details, and other architectural elements is compatible with a main dwelling existing on site or in development review at time of application. b. The fence meets all screening requirements. C. The material(s) are of good and durable quality. (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:35 [EST] Page 3 of 4 38 d. The material(s) will not be detrimental to the health, safety and general welfare of the community in the area. Fence Landscaping and Maintenance. Landscaping. The area between the back of curb and any fencing shall be landscaped, have a suitable permanent irrigation system, and be continuously maintained by the property owner. Maintenance. All walls and fences shall be continuously maintained in good repair. The property owner shall be provided thirty (30) days after receiving notice from the city to repair a wall or fence. The building official may grant an extension to such time period not to exceed sixty (60) days. G. Prohibited Fence Materials and Construction Fences. The use of barbed wire, razor wire, chain link, or similar materials in or on fences is prohibited in all residential districts. Chain link fencing is permitted for temporary construction fences when authorized by a minor use permit issued in accordance with Section 9.210.025. Said minor use permit shall not be approved until a permit for grading, or construction, has been filed for, whichever comes first. Equestrian Fencing. Notwithstanding any other requirements of this section, fencing shall be regulated by the provisions of Section 9.140.060 (Equestrian overlay regulations) where the keeping of horses is permitted. Nonconforming Fences. Any fence which does not meet the standards of this section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded nor its nonconformance with these standards otherwise increased. Any fence which is destroyed or damaged to the extent of more than fifty percent (50%) of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with these standards. (Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 584 § 2, 2020; Ord. 560 § 1, 2017; Ord. 550 § 1, 2016; Ord. 466 § 1, 2009; Ord. 378 § 1, 2002; Ord. 361 § 1, 2001; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:35 [EST] Page 4 of 4 39 9.60.060 Garages and carports. A. Height. The maximum structure height shall be fourteen (14) feet for a detached carport and seventeen feet for a detached garage, except that garages may be up to twenty-eight (8) feet in height if a second dwelling unit complying with the provisions of Section 9.60.090 is located above the garage. B. Setbacks. In the RVL district, the minimum garage or carport setback shall be thirty (30) feet. In all other residential districts, the minimum setback for front -entry type garages or carports shall be twenty (20) feet. For side -entry type garages, the minimum garage setback shall be twenty (20) feet in the RVL district and fifteen (15) feet in all other residential districts. A side -entry garage designed as tandem parking, when permitted under this code, shall not be located along any street frontage. The conversion of side -entry garages to habitable area is only permitted if the side -entry garage conforms to the minimum garage setback for a front -entry type garage. When alleys, private streets or common driveways at the rear of a lot are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests and emergency vehicles, garages and carports may be placed up to a minimum of five (5) feet from such alley, private street or common driveway. C. Lot Coverage Maximums. The placement of a garage or carport on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. Maximum Garage Size. For single-family homes, garage shall not exceed fifty percent (50%) of livable area of home. (Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 505 § 1, 2012; Ord. 284 § 1, 1996) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:36 [EST] Page 1 of 1 40 9.60.090 Accessory dwelling units. A. Purpose. This section provides standards and criteria for the establishment of accessory dwelling units and junior accessory dwelling units, consistent with California Government Code Sections 65852.2, subdivision (a)(1) and 65852.22. Accessory dwelling units shall be permitted only in the zones that allow single family or multifamily uses: RVL, RL, RC, RM, RMH, RH, CR, CP, CC, CN, TC, CO and VC zone districts. Junior accessory dwelling units are permitted in single family zones: RVL, RL, RC, RM, RMH, and RH zone districts. B. Definitions. See Chapter 9.280. The following definitions shall apply for the purposes of this Section 9.60.090 notwithstanding any definition to the contrary in Chapter 9.280 or elsewhere in this Municipal Code. "Accessory dwelling unit." For purposes of this section, "second residential unit," "second dwelling unit," "second unit," and "granny flat" as defined in Section 9.280.030 (or successor section) shall not apply, and, instead, "accessory dwelling unit" as defined in California Government Code Section 66313(a) (or successor section in the Government Code) shall apply. An accessory dwelling unit shall be either "attached" or "detached" to the primary residence as described in Government Code Section 66313(a) (or successor statute). In addition, the following definitions shall apply for purposes of this section: 2"Junior accessory dwelling unit" means a unit that is no less than one hundred fifty (150) square feet and no more than five hundred (500) square feet in size and contained entirely within a single-family residence, or as defined by Government Code Section 66313 (d) (or successor section). A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. "Living area" shall have the same meaning as California Government Code Section 66313(e) (or successor section in the Government Code),. "Primary residence" shall have the same meaning as "dwelling, main or Primary residence" as defined in Section 9.280.030 (or successor section). "Public transit" means a location, including but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes and are available to the public or as defined by Government Code Section 66313(I) (or successor section). C. Standards for Accessory Dwelling Units. The following standards shall apply to accessory dwelling units: 1. Except as provided in Government Code Section 66341 (or successor section) as provided in Subsection G of this Section 9.60.090, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence 2. The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. 3. The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. 4. The total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the primary dwelling if there is an existing primary dwellingor eight hundred fifty (850) square feet, or one thousand (1,000) square feet for a unit that provides more than one (1) bedroom. Created: 2024-08-07 10:59:36 [EST] (Supp. No. 5, Update 3) Page 1 of 7 41 5. The total floor area for a new detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet. 6. An accessory dwelling unit shall include a kitchen and bathroom. 7. An efficiency unit as defined by Section 17958.1 of the California Health and Safety Code must be a minimum of one hundred fifty (150) square feet. 8. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. 9. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. 10. The building code requirements in effect at the time a building permit is secured shall apply to detached dwellings. The construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or Code Compliance officer makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent the Building Official from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. 11. The accessory dwelling unit must be approved by the Riverside County Department of Environmental Health and the Regional Water Quality Control Board where a private sewage disposal system is being used or proposed. 12. Parking requirements for accessory dwelling units shall not exceed one (1) parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. b. There shall be no additional parking requirement for an accessory dwelling unit where prohibited by Government Code Sections 61314 (d)(10) 66322 (or successor sections) in any of the following instances: i. The accessory dwelling unit is located within one-half (%) mile walking distance of public transit. ii. The accessory dwelling unit is located within an architecturally and historically significant historic district. iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. V. When there is a car share vehicle located within one (1) block of the accessory dwelling unit. Created: 2024-08-07 10:59:36 [EST] (Supp. No. 5, Update 3) Page 2 of 7 42 vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection. C. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off- street parking spaces need not be replaced. 13. One (1) accessory dwelling unit and one (1) junior accessory dwelling unit is permitted per lot with a proposed or existing single-family dwelling if all of the following apply: a. The accessory dwelling unit orjunior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The space has exterior access from the proposed or existing single-family dwelling. C. The side and rear setbacks are sufficient for fire and safety. d. The front yard setback of the underlying zone shall apply, unless either the attached or detached units does not permit at least an eight hundred (800) square foot accessory dwelling unit with four (4)-foot side and rear yard setbacks to be constructed in compliance with all other development standards. e. The junior accessory dwelling unit complies with the requirements of Government Code Section 66333. 14. One (1) detached, new construction, accessory dwelling unit that does not exceed four (4)-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection D, if the accessory dwelling unit complies with the following: a. A total floor area limitation of not more than eight hundred (800) square feet. b. A height limitation of sixteen (16) feet on a lot with an existing or proposed single family or multifamily dwelling unit. C. A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half (%) of one (1) mile walking distance of a major transit stop or a high -quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. d. An additional two (2) feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. e. A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. f. A height of twenty-five (25) feet or the height limitation that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. 15. Multiple accessory dwelling units are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, Created: 2024-08-07 10:59:36 [EST] (Supp. No. 5, Update 3) Page 3 of 7 43 passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. One (1) accessory dwelling unit is permitted within an existing multifamily dwelling and up to twenty-five (25) percent of the existing multifamily dwelling units may contain an accessory dwelling unit. b. Not more than two (2) accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling are permitted, and are subject to height limits as listed in subsection 14, and four (4)-foot rear yard and side setbacks. If the existing multifamily dwelling has a rear or side setback of less than four (4) feet, no modification of the existing multifamily dwelling shall be required 16. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. 17. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. 18. An accessory dwelling unit that is rented must be rented for terms longer than thirty (30) days. Under no circumstances shall an accessory dwelling unit be eligible for a short-term vacation rental permit. 19. In the event of any conflicts between the standards set forth in this section and those set forth in the regulations of the applicable zoning district, the provisions of this section shall prevail. 20. The applicant shall pay to the city all applicable fees imposed on such new development of an accessory dwelling unit or new or rehabilitated primary residence that will include an accessory dwelling unit, provided, however, that no impact fee shall be imposed upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet, and any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. 21. The City shall not allow occupancy for an accessory dwelling unit before occupancy of the primary dwelling unit has been granted. Standards for Junior Accessory Dwelling Units. The following standards shall apply for junior accessory dwelling units: 1. Junior accessory dwelling units shall be limited to one (1) per residential lot zoned for single-family residences with a single-family residence already built or proposed to be built, on the lot. 2. Prior to issuance of occupancy approval of the junior accessory dwelling unit, the city may require the property owner to enter into a restrictive covenant with the city prohibiting the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and restricting the size and attributes of the junior accessory dwelling unit that conforms with this section and Government Code Section 66333 (or successor section). 3. A junior accessory dwelling unit must be constructed within the walls of the proposed or existing single-family residence. 4. Ajunior accessory dwelling shall provide a separate entrance from the main entrance to the proposed or existing single-family residence. Created: 2024-08-07 10:59:36 [EST] (Supp. No. 5, Update 3) Page 4 of 7 44 5. Ajunior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following: A cooking facility with appliances, and b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. 6. If the junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance than the main entrance to the structure with an interior entry to the main living area. 7. Parking: Ajunior accessory dwelling unit shall not require parking in addition to that required for the proposed or existing single-family residence. 8. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. 9. Owner -occupancy in the single family residence in which the junior accessory dwelling unit is permitted is required. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing. The director, or his/her designee, shall either approve or deny the application within sixty (60) days from the date City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multi -family dwelling on the lot, the director may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the issuance of a building permit for the new single-family or multi -family dwelling. If the applicant requests a delay, the sixty (60)-day time period shall be tolled for the period of the delay. If the director denies an application for an accessory dwelling unit or junior accessory dwelling unit, the director shall, within the time period described above, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The director shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. If an application for an accessory dwelling unit or junior accessory dwelling unit is submitted or required to be submitted with any other applications that require or permit ministerial or discretionary review under the code, nothing in this section precludes the processing and review of those other applications pursuant to those other provisions in the code. G. Sale of Accessory Dwelling Unit. An accessory dwelling unit can be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply: The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation; and There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code; and Created: 2024-08-07 10:59:36 [EST] (Supp. No. 5, Update 3) Page 5 of 7 45 The property is held pursuant to a recorded tenancy in common agreement that includes all of the following: a. The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies; and b. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property; and c. A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer's principal residence; and d. Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low- income housing for 45 years for owner -occupied housing units and will be sold or resold to a qualified buyer; and e. If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following: Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant's obligations to each of the other cotenants have been satisfied; and ii. Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party; and iii. Procedures for dispute resolution among the parties before resorting to legal action. 4. A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code. 5. Notwithstanding other provisions of this Section, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. 6. Nothing in this section limits the ability of an accessory dwelling unit to be sold or otherwise conveyed separate from the primary residence as a condominium. 7. For purposes of this subsection, the following definitions apply: Qualified buyer means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. b. Qualified nonprofit corporation means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no -interest loan program. (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:36 [EST] Page 6 of 7 46 This Subsection G is intended to be duplicative of Government Code Section 66340 et seq.. To the extent this Section is in conflict with Government Code Section 66340 et seq., the provision in the Government Code shall prevail. (Ord. 606, § 1 (Exh. A), 2023; Ord. 602 Exh. A, 2022; Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 561 § 1, 2017; Ord. 550 § 1, 2016; Ord. 445 § 2, 2007; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:36 [EST] Page 7 of 7 47 9.60.170 Special events —Residential. A. Special Events. Within residential districts, or residential areas for property or parcel(s) zoned mixed -use (referred to in this section as "residential district(s)"), special events shall include, but are not limited to: Pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, large neighborhood or community gatherings. Events at a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple -family attached unit, apartment house or complex, condominium, cooperative apartment, duplex, residential dwelling with a short term vacation rental permit, or any portion of such dwellings, rented for compensation or without compensation for the purpose of staging a special event that includes a combination of any two (2) or more of the following characteristics: outdoor amplified music, a stage or staging, event lighting, tents, additional parking accommodations, traffic restrictions, and other characteristics consistent with larger gatherings that are not consistent with occasional residential parties or small events. B. Standards. Special events are permitted in residential districts as indicated in Table 9-1 with the approval of a special event permit by the Design and Development Director, or designee, in accordance with the following: One (1) special event may not exceed three (3) consecutive days. 2. Reserved.3. Reserved4. Reserved. An application for a special event permit shall be submitted to the design and development department no later than forty-five (45) days prior to the proposed special event. The city manager or designee may allow for an expedited application of a special event permit, which may be submitted later than the application deadline set forth in the subsection above, and may suspend the appeal procedures after a decision of the permit is rendered, if the special event will have limited parking and traffic impacts, will not have outdoor tents or other structures that require a building permit, will have limited or no outdoor amplified music, will not require a permit from the California Department of Alcoholic Beverage Control for consumption of alcohol, and the applicant for the special event certifies that these limitations will apply and be enforced. An expedited application fee shall apply for submittal of applications later than forty-five (45) days prior to the proposed special event. Findings. The following findings shall be made by the Design and Development Director or designee in conjunction with approval of a special event permit: a. The event will not be detrimental to the health, safety and general welfare of the community in the area of the proposed event. b. There is adequate area to conduct the event and to accommodate the anticipated attendance. C. Parking plan has been provided that demonstrates sufficient parking will be provided for the anticipated attendance and the potential impacts on the surrounding residential streets are minimized, to the satisfaction of the Design and Development Director. d. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service have been provided. (Approval by the health officer may be required.) e. Fire protection plans and facilities have been provided to the satisfaction of the fire marshal. f. Security plans and facilities have been provided to the satisfaction of the sheriff. (Supp. No. 5, Updatel) Created: 2024-05-06 08:24:2S [EST] Page 1 of 4 48 g. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. Regardless of the number of attendants, activities conducted on property owned by or leased to the city or on public rights -of -way may require an encroachment permit issued by the city manager or designee. A cash bond or other guarantee as determined by the city manager or designee for removal of the temporary use and cleanup and restoration of the activity site within seven (7) days of the activity conclusion may be required. 10. Applications for permits or certificates required by this section shall be referred by the design and development department to other affected departments, cities or public agencies as may be appropriate for review and comment. 11. The applicant shall provide evidence that the applicant mailed or delivered written notification of the special event(s) to all property owners shown on the last equalized county assessment roll and all occupants of each dwelling unit within five hundred (500) feet of the proposed special event property. Such notice shall be issued no later than fourteen (14) days prior, and completed no more than seven (7) days prior to the special event. The notice shall include: The date, time, hours of operation and complete description of all activities for the event as required to be submitted as part of the application. b. The name and twenty-four (24)-hour contact phone number of the local contact person for the property and the police department. 12. Signs for pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, large neighborhood or community gatherings shall be allowed as follows: a. Maximum of one (1) temporary banner per street frontage, not to exceed thirty-two (32) square feet. b. Maximum one (1) temporary portable sign on- or off -site on private property, not to exceed fifty- five (55) square feet. C. Maximum thirty off -site temporary directional signs, nine (9) square feet in area, subject to the provisions of Section 9.160.060, subsections C through H, with the exception of subsection E. d. Maximum fifteen (15) bunting signs, with maximum size to be approved by the city manager or designee. e. Posting period, locations and related details shall be as approved in the temporary use permit for the event. f. Other signs and advertising devices, such as pennants, flags and A -frame signs are prohibited. 13. Related issues, including, but not limited to, police and security, food and water supply, consumption of alcohol, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the city manager or designee, sheriff, fire chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, County Health, California Department of Alcoholic Beverage Control and tent permits. 14. A permit may be issued for special events in nonresidential districts or at nonresidential areas of mixed -use property or parcel(s) pursuant to Section 9.100.130 of this code. C. Violations. A violation of this section may include any of the following: Created: 2024-05-06 08:24:25 [EST] (Supp. No. 5, Updatel) Page 2 of 4 49 Permit Limitation. The city manager or designee may summarily deny, suspend, or revoke any current or pending special event permit pursuant to the provisions set forth in Section 2.04.100 (Appeals to Council), or other applicable procedural provisions in the municipal code, for any or all of the following: (a) A violation by the applicant, occupants, responsible party, owner(s) or the owner's authorized agent or representative of any of the conditions of approval or any provisions in the municipal code; (b) The applicant, occupants, responsible party, owner(s) or the owner's authorized agent or representative performs activities described in the application for the special event permit in a manner that poses a threat to the public health and safety, endangers the preservation of property, engages in activities outside the scope of the activities described in the application, or fails to timely reimburse the city for costs associated with enforcement of the conditions of approval or any provisions in the municipal code. Additionally, for any violation under this section or other provisions of the municipal code resulting from a special event at a short term vacation rental, the city manager or designee may summarily deny, suspend, or revoke the short term vacation rental permit and licenses related to the operation thereto. Any revocation of a special event permit pursuant to this section, after notice and public hearing and final determination for revocation, shall result in the applicant, occupants, responsible party, owner(s) or the owner's authorized agent or representative, operating under the revoked permit, being ineligible to apply or re -apply for any special event permit for at least one (1) year. Notice of Violation. The city may issue a notice of violation to any occupant, responsible party, owner(s) or the owner's authorized agent or representative, pursuant to Section 1.01.300 (Notices — Service) of the municipal code, if there is any violation of this section or any other provisions of the municipal code, caused or maintained by any of the above parties. Two (2) strikes policy. Subject to a violation reprieve request, two (2) violations of any provision of this section, any conditions of approval or other provisions of this municipal code within one (1) year by any applicant, occupant, responsible party, owner(s) or owner's authorized agent or representative, shall result in an immediate suspension of allowing any further special events at the subject property with subsequent ability to have a hearing before the city, pursuant to this chapter, to request a lifting of the suspension. For purposes of this subsection, a violation reprieve request means a written request submitted to the city's code compliance officer for relief from counting one (1) or more violations within the one (1) year period as a violation. 4. Administrative and misdemeanor citations. The city may issue an administrative citation to any applicant, occupant, responsible person, owner or owner's authorized agent or representative, pursuant to Chapter 1.09 (Administrative Citations) (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this section, any conditions of approval, or any other provisions of the municipal code committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. An administrative citation may impose a fine for one (1) or more violations of this chapter in the maximum amount allowed by state law or this code in which the latter amount shall be as follows: Violations of any provision of this section, any conditions of approval or other provisions of the municipal code. First violation: one thousand dollars ($1,000.00); Second violation: two thousand dollars ($2,000.00); iii. Third violation: three thousand dollars ($3,000.00). Operating a special event without a valid special event permit. First violation: one thousand and five hundred dollars ($1,500.00); Created: 2024-05-06 08:24:25 [EST] (Supp. No. 5, Updatel) Page 3 of 4 50 ii. Second or more violations: three thousand dollars ($3,000.00); iii. Third or more violations: five thousand dollars ($5,000.00); iv. In addition to the fines set forth above, the first, second, third, or subsequent violation of operating a special event without a valid special event permit shall be cause for an owner to be prohibited for all time from being eligible to be issued a special event permit for use of the property for a special event. C. Hosting a special event at a short-term vacation rental unit without a special event permit as required by Section 9.60.170 (or successor provision, as may be amended from time to time) of this code. i. First violation: five thousand dollars ($5,000.00); ii. Second violation: five thousand dollars ($5,000.00). 5. Additional Conditions. A violation of any provision of this section or other provisions of the municipal code by any of the occupants, responsible party, owner(s) or the owner's authorized agent or representative shall authorize the city manager, or designee, to impose additional conditions on special event permit to ensure that any potential additional violations are avoided. 6. Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a violation of this section or other provisions of the municipal code, which shall be subject to the provisions of Section 1.01.250 (Violations public nuisances) of Chapter 1.01 (Code Adopted). (Ord. 552 § 1, 2017; Ord. 550 § 1, 2016; Ord. 299 § 1, 1997; Ord. 293 § 1, 1996; Ord. 284 § 1, 1996) (Supp. No. 5, Updatel) Created: 2024-05-06 08:24:25 [EST] Page 4 of 4 51 9.60.270 Bed and breakfast regulations. A. Purpose. The city council finds that bed and breakfast facilities constitute small commercial lodging facilities in residential districts. This requires special regulations that are not normally covered by standards for motels and hotels. B. Definitions. See Chapter 9.280. C. Limits on Occupancy. 1. The bed and breakfast shall be conducted only by a person owning the dwelling and residing therein as their principal place of residence. The use permit shall be voided upon the sale or transfer of the property ownership. 2. The bed and breakfast shall accommodate a maximum of eight (8) guests in four (4) rooms. D. Where Permitted. Bed and breakfast are permitted subject to approval of a minor use permit only in residential zoning districts. E. Development Standards. 1. Individual units shall not contain cooking facilities. 2. Parking shall be provided on -site, in accordance with Chapter 9.150, Parking. 3. No change in the outside structure is permitted and any change inside must be convertible to the original residential use. A minimum of one hundred (100) square feet is required for each of the sleeping rooms and not more than twenty-five percent (25%) of the structure can be used for rental. 4. Landscaping may be required to screen parking areas from the view of adjacent properties and from public/private streets. 5. Locating another bed and breakfast use within three hundred (300) feet is prohibited. 6. Signs shall not exceed two (2) square feet attached to the house. F. Required Finding. In addition to the requirements for findings of fact as established by California law or other provisions of this code, the approval of a conditional use permit for a bed and breakfast shall require the following additional findings: 1. The property is physically suitable for use as a bed and breakfast facility; 2. The use of the property as a bed and breakfast will not cause an undue burden on adjacent and nearby property owners. G. Transient Occupancy Tax. Bed and breakfast facilities shall be subject to all applicable provisions of Chapter 3.24 of the municipal code. H. Commencing January 3, 2024, which is the effective date of Ordinance No. 618 which modified this section, there shall be no processing of, or issuance for, any applications for a Bed and Breakfast Inn. This section shall not apply to an existing Bed and Breakfast Inn with a valid Minor Use Permit or Conditional Use Permit. (Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 550 § 1, 2016; Ord. 299 § 1, 1997) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:36 [EST] Page 1 of 1 52 9.140.090 MU mixed use overlay regulations. A. Purpose. To facilitate the development of mixed use projects that include both multifamily residential and commercial components in a cohesively designed and constructed manner. The mixed use overlay district will contribute to vehicle trip and associated air pollutant reductions by locating residents in close proximity to services, employment, and transportation hubs, and by providing interconnected multi -purpose paths for alternative modes of transportation. B. Applicability. The MU overlay district and the provisions of this section apply to all areas designated VC, CR, CP, CC, CN, CT and CO districts. These regulations shall apply in addition to the regulations of the underlying base district. In case of conflict between the base district and the MU regulations, the MU regulations shall control. C. Definitions. See Chapter 9.280. D. Permitted Uses. Any use permitted or conditionally permitted in the underlying district. Mixed use projects consisting of both multifamily residential (apartments, condominiums, live/work, and similar housing types) and commercial/office components. E. Development Standards. Mixed use projects shall include both a commercial and/or office component and a multifamily residential component, which are fully integrated with regard to access, connectivity, and public safety. Residential uses with a density of twelve (12) to twenty-four (24) units, must comprise a minimum of thirty-five percent (35%) of the total square footage of the proposed project, with the exception of conversion of existing commercial buildings or portions thereof to live/work units. Mixed use projects can be designed vertically (residential development over commercial development) or horizontally (residential development next to commercial development). 2. Minimum lot sizes shall be one (1) acre, with the exception of the VC district where lot sizes can be less than one (1) acre. To maximize design options, development of mixed use projects on lot assemblages or lots greater than one (1) acre is encouraged. 3. The use of vacant pads for mixed use projects in existing commercial development along Highway 111 is encouraged. 4. Minimum densities for residential development shall be twelve (12) dwelling units per acre, with the exception of conversion of existing commercial buildings or portions thereof to live/work units. 5. Maximum densities for residential development shall be twenty-four (24) dwelling units per acre. Higher densities may be achieved through density bonuses, where applicable. 6. The residential component of mixed use projects shall be subject to the setback requirements of the underlying commercial district. 7. Maximum Height. A mixed use project may be up to twenty-five percent (25%) more in height than in the base district, if approved in the site development permit. Mixed Use Overlay District Maximum Building Height Underlying District Maximum Height CR 60 feet CP 45 feet (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 1 of 3 53 CC 40 feet CN 35 feet VC 45 feet*,** CT 55 feet CO 55 feet *In the VC underlying district, when a minimum of one-half the required parking spaces are located beneath the principal mixed use structure, the number of stories shall be measured from the finished floor of the building's ground floor and shall not include the parking level. ** Building height from forty-six (46) to sixty (60) feet may be permitted with approval of a CUP. See Section 9.70.110. 8. Floor Area Ratio (FAR). Mixed use projects are exempt from the floor area ratio requirements of the underlying district. 9. The first (ground) floor of a multi -story mixed use project located within three hundred (300) feet of the Highway 111 right-of-way shall consist of commercial and/or office development. Residential uses on the first (ground) floor are prohibited. 10. New buildings (constructed after the date of approval of this code) in mixed use projects shall not be longer than three hundred (300) feet to facilitate convenient public access around the building. 11. Pedestrian, bicycle, and other nonmotorized travel connections, including sidewalks, trails, and/or crosswalks, are required between the commercial/office and residential components of the project, as well as leading to/from street fronts, bus stops, public gathering places, and adjacent properties. They shall be located off-street and separated from vehicle travel lanes and parking lot driving aisles. 12. Physical barriers, such as walls and fences, between the commercial/office and residential components of a mixed use project are discouraged; however, they may be used where necessary and appropriate, including for public safety or the screening of outdoor storage facilities. 13. Public Spaces. a. Public gathering spaces that provide active and/or passive amenities for passersby are highly encouraged. Communal spaces may include, but are not limited to, pedestrian plazas, shaded benches, public art, and landscape or hardscape features. b. Public spaces should be centrally located or located near active land uses to assure their frequent usage and safety. 14. Parking. Parking and loading requirements shall be in conformance with Chapter 9.150 of this code, subject to the following provisions: a. Opportunities for shared and/or reduced parking between the commercial/office and residential components of the project are encouraged, subject to the requirements of Section 9.150.060 (Shared parking), as a means to better match parking demand with availability during various hours of the day. b. Mixed use projects shall provide preferred parking for electric vehicles and vehicles using alternative fuels in accordance with Section 9.150.110. 15. Bicycle racks shall be provided to serve both commercial/office and residential components of the project, and shall comply with the requirements of Chapter 9.150. 16. Landscaping shall comply with Section 9.100.040 of this code and the requirements of the underlying district. Additional landscaping may be required to minimize impacts to adjacent properties. 17. Outdoor lighting shall comply with Sections 9.100.150 and 9.60.160 of this code. Created: 2024-08-07 10:59:38 [EST] (Supp. No. 5, Update 3) Page 2 of 3 54 18. Signage shall be in conformance with Chapter 9.160 of this code and the requirements of the underlying district. Monument and other signage that enhances the cohesion of the development may be required. 19. Entry Drive. An entry drive that provides principal vehicular access into the residential component of the project is required. 20. Entry Statement. Projects with fifty (50) or more residential units shall include vehicular and pedestrian entry statements that convey a sense of arrival into the development. Examples include, but are not limited to, specimen trees, boulder groupings, textured or stamped concrete, and monument signage. 21. Special attention shall be given to the use of aesthetic treatments, such as colored/textured paving or decorative gates, that contribute to the overall image and connectivity of the development. 22. New mixed use development shall relate to adjacent single-family residential districts in the following ways: a. By stepping down the scale, height, and density of buildings at the edges of the project adjacent to less intense development. Step the building down at the ends or sides nearest a single-family unit, to a height similar to that of the adjacent single-family unit (or of typical single-family residences in the vicinity if adjacent to an undeveloped single-family zoning district). b. By incorporating architectural elements and materials that are similar to those used in the neighborhood. C. By locating parking areas within the project interior or at the side or back when necessary to achieve the "residential front yard" appearance. d. By avoiding, wherever feasible, the construction of walls on local streets in existing neighborhoods where the wall would be located opposite front yards. Mixed Use Incentives. 1. Mixed use projects that provide a minimum of thirty percent (30%) of total project square footage for retail uses shall receive a density bonus of ten percent (10%) for the residential component of the project. 2. Outside the Village Build -Out Plan Area, mixed use projects that include pedestrian, bicycle and golf cart circulation and facilities (paths, shaded parking, etc.) separate from vehicular circulation and facilities can reduce their vehicle parking requirement by fifteen percent (15%). 3. Development proposals for mixed use projects shall receive expedited entitlement and building permit processing. 4. Mixed use projects shall receive a ten percent (10%) reduction in plan check and inspection fees. 5. Mixed use projects that include a minimum of two (2) public spaces or gathering features, as deemed of sufficient size and purpose by the city, shall receive a density bonus of up to fifteen percent (15%). (Ord. 603 § 1(Exh. A), 2022; Ord. 584 § 2, 2020; Ord. 562 § 1, 2017; Ord. 553 § 1, 2017; Ord. 550 § 1, 2016) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 3 of 3 55 9.150.010 Purpose and intent. A. Purpose. These regulations are intended to: (1) provide for off-street parking of motor vehicles attracted by the various land uses in the city; (2) ensure the health, safety and welfare of the public by preventing obstruction of rights -of -way and fire lanes; and (3) provide for properly designed parking facilities with adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance public safety. B. Parking Required. Off-street parking is required for all land uses in accordance with this chapter. (Ord. 550 § 1, 2016; Ord. 284 § 1, 1996) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 1 of 1 56 9.150.050 Determination of spaces required. A. Method of Determination. Off-street vehicle parking requirements shall be determined and provided in accordance with this section when the subject building or structure is constructed or a use is established or changed. In determining such off-street parking requirements, the city may use the alternative methods described in this section. The city reserves the option of requiring the use of more than one (1) of these methods, depending on the type, size and mix of uses in a proposed development. B. In the Village Build -Out Plan Area, a reduction of fifty percent (50%) of required off-street spaces for non- residential uses is allowed. Development projects that include residential uses shall require a minimum of one covered off-street space per unit. No additional parking is required for a change in nonresidential use. After application of the 50% reduction, parking spaces required but not provided on -site can be provided through the preparation of a parking plan that can include: 1. Use of on -street parking spaces immediately adjacent to the project, to the satisfaction of the director. 2. A shared parking agreement with adjacent property owner. 3. A fair share contribution to the in lieu fee program. 4. Other alternative methods listed in subsection C approved in a site development permit. C. Alternative Methods. Section 9.150.060 specifies the standard number of parking spaces required for most land uses. This schedule is required unless the applicant can show to the satisfaction of the city decision - making authority that it does not apply. Other alternative methods herein below may then be employed to determine the required parking spaces: A recognized authority's shared parking methodology for calculating the peak demand over time for parking in a development of mixed uses using the same parking facilities as specified in Section 9.150.070; A city methodology for calculating the parking demand for extremely complex or unusual uses or combinations of uses for which the standard schedule, a recognized authority's methodology and/or verifiable data are not applicable. Some or all of the following factors may be utilized in this methodology: expected numbers of occupants, employees, customers or visitors, vehicles stationed on the site, service and loading spaces required, handicapped spaces required, emergency access considerations and use of parking by unauthorized vehicles. Parking In -Lieu Program. The city may permit required parking spaces in the Village Build -Out Plan Area to be reduced through execution of a parking agreement, subject to the following requirements: A binding agreement, recorded against the property, between this city and the property owner. The agreement shall contain, at a minimum, all of the following: The agreement shall be binding upon the parties thereto, their heirs, successors and assigns, and shall run with the land; b. A payment schedule with a payment period not exceeding four (4) years. If an assessment/benefit or parking improvement district is established, the obligation of the property owner shall become due and payable under the terms of such district,- C. A cash mitigation payment. The amount per space shall be established as determined by the planning and public works divisions, plus an inflation factor. The amount will be calculated at the time of agreement execution. An irrevocable offer from the property owner to participate in any future assessment/benefit or parking improvement district that may be formed in the VC or MU overly districts. Created: 2024-08-07 10:59:38 [EST] (Supp. No. 5, Update 3) Page 1 of 2 57 3. The money collected may be released to a city -created parking assessment/benefit or parking improvement district, or may be used in the furtherance of general parking improvements in the VC or MU overlay districts, at the option of the city. Any financial obligation issued against such property shall be reduced accordingly to the amount of mitigation money paid at the time of the district formation. 4. The property owner shall secure the mitigation payment by providing the city with a second deed of trust in the amount of the total mitigation payment. E. Incentive Based Parking Adjustments. In all districts, the following may result in a reduction in parking spaces of up to fifteen percent (15%), subject to approval by the planning commission: 1. Permanent, non -vegetation shade structures covering fifty percent (50%) of all parking spaces. 2. Increased landscaping and public spaces. 3. Pedestrian improvements not located in the right-of-way or project driveways. 4. Vehicular and nonvehicular connections between projects. 5. Use of pervious surfaces for drainage, or creative drainage solutions. 6. New commercial and mixed use development providing preferred parking locations for electric and other alternative fuel vehicles. 7. Developments that provide a minimum of two (2) parking spaces or of the minimum number of spaces, whichever is greater, for golf carts and neighborhood electric vehicles (NEV) shall receive a parking credit reduction equal to five percent (5%) of the standard parking spaces required for that development. (Ord. 562 § 1, 2017; Ord. 553 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 2 of 2 58 9.150.070 Spaces required by use. A. Land Uses Not Listed. If no provisions for the required number of off-street parking spaces are set forth in Tables 9-11 or 9-12 of this section or the provisions are not clear for a specific use, the decision -making authority for the applicable use or project shall determine the number of parking spaces required. B. Parking for Residential Land Uses. Table 9-11 contains the minimum number of parking spaces required for each type of residential land use. Whenever any commercial or industrial use is located on a building site that is also used for residential purposes, parking facilities shall be provided in conformance with Section 9.150.070 (Shared Parking). C. Parking for Nonresidential Land Uses. Adequate Parking Required. All nonresidential land uses shall provide off-street parking in compliance with this subsection and with Table 9-12 unless modified by the provisions contained in Section 9.150.050. Table 9-12 sets forth the minimum and maximum requirements for each use. It shall be the responsibility of the developer, owner or operator of any use to provide adequate off-street parking. Bicycle Parking. In addition to the automobile parking spaces required per Table 9-12, bicycle parking shall be provided for certain nonresidential uses in accordance with subsection (C)(3) of this section. Table 9-11 Parking for Residential Land Uses Land Use Minimum Off -Street Additional Parking Requirement Requirements Single-family detached, 2 spaces per unit in a garage For all single-family single-family attached and plus 0.5 guest spaces per unit residential zones except RC, duplexes if no on -street parking is parking in excess of the available minimum required may be tandem In a garage, tandem parking may be used to meet the above -stated minimum required parking in the RC district only Employee quarters 1 space per unit. This space shall not be tandem. Apartments, townhomes and All parking spaces shall be condominiums: distributed throughout the site to ensure reasonable (1) Studio 1 covered space per unit, plus 0.5 guest spaces per unit access to all units. Development projects in the (2) One- and two -bedroom 2 covered spaces per unit plus 0.5 guest spaces per unit Village Build -Out Area that include residential uses shall require one covered off-street parking space (3) Three or more bedroom 3 covered spaces per unit plus 0.5 covered spaces per per residential unit. each bedroom over three, plus 0.5 guest spaces per unit (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 1 of 8 59 Mobilehome parks 2 covered spaces/unit, which may be in tandem, plus 0.5 guest spaces per unit Senior housing (excluding 1 covered space per unit, single family units) plus 0.5 guest spaces per unit Senior group housing/senior 0.5 covered spaces per unit citizen hotels and congregate plus 0.5 guest spaces per unit care facilities Lodging and Child Daycare Uses Bed and breakfast inns 1 space per guest room plus parking for residents as required by this code. Boardinghouse, 1 space per sleeping room roominghouse, and single room occupancy hotels Child daycare centers, 1 space per staff member Stacking analysis may be including preschools and plus 1 space per 5 children. required to define a drop-off nursery schools Parking credit may be given if facility that accommodates at queuing area for more than 4 least 4 cars in a continuous cars is provided, but resulting flow, preferably one-way, to parking shall be not less than safely load and unload 1 per staff member plus 1 per children 10 children Recreational vehicle parks 1 automobile parking space on each recreational vehicle lot plus 1 space per 20 recreational lots for visitors Table 9-12 Parking for Nonresidential Land Uses Land Use Minimum Off -Street Maximum Off -Street Additional Parking Requirement I Parking Requirement Requirements Commercial Uses Bars and cocktail 1 space per 50 sq. ft. 1 space per 25 sq. ft. lounges GFA including GFA including indoor/outdoor indoor/outdoor seating areas (see seating areas (see also Restaurants) also Restaurants) Lumberyards and 1 space per 1,000 sq. 1 space per 500 sq. nurseries ft. GFA indoor area, ft. GFA indoor area, plus 1 space per plus 1 space per (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 2 of 8 60 Model home complexes Personal service establishments Restaurants: (1) Conventional sit- down, including any bar area (2) Drive -through and fast food (1) General retail uses under 100,000 sq. ft. GFA (2) General retail uses 100,000 sq. ft. GFA and greater Furniture and appliance stores Warehouses, storage buildings or structures used exclusively for storage Mini -storage facilities 1,000 sq. ft. of outdoor display or sale area 10 spaces 3 spaces per 1,000 s.f. 1 space per 125 sq. ft. GFA including indoor and outdoor seating areas 1 space per 100 sq. ft. GFA, including indoor and outdoor seating areas, but not less than 10 spaces. 1 space per 300 sq. ft. GFA 1 space per 350 sq ft. GFA 1 space per 1000 sq. ft. GFA 1 space per 2,000 sq ft. of gross area for storage purposes 1 space per 5,000 sq ft. plus 2 spaces for any caretaker's unit Office and Health Care Uses (Supp. No. 5, Update 3) 1,000 sq. ft. of outdoor display or sale area N/A 4 spaces per 1,000 s.f. 1 space per 75 sq. ft. GFA including indoor and outdoor seating areas N/A 1 space per 250 sq ft. GFA 1 space per 300 sq ft. GFA 1 space per 750 sq. ft. GFA 1 space per 1,000 sq. ft. of gross area for storage purposes N/A For shopping centers, freestanding restaurants and non - freestanding restaurant space in excess of 20% of the total shopping center GFA shall be computed separately using the applicable restaurant parking ratio(s) Created: 2024-08-07 10:59:38 [EST] Page 3 of 8 61 Convalescent 1 space per 4 beds Minimum 30% of hospitals, nursing based on the required spaces shall homes, children's resident capacity of be covered by a homes and the facility as listed trellis or carport sanitariums on the required structure See also license or permit senior group housing (senior citizen hotels) under residential uses General offices, other 1 space per 300 sq. 1 space per 250 sq. Minimum 30% of than medical, dental, ft. GFA ft. GFA required spaces shall banks, savings and be covered by a loans, credit unions trellis or carport and similar financial structure Rates are institutions for office uses only. If ancillary uses are included, such as restaurants or retail establishments, parking for such uses must be provided per their applicable rates Hospitals 1.75 spaces per bed Medical or dental 1 space per 200 sq. 1 space per 175 sq. Minimum 30% of offices/clinics ft. GFA ft. GFA required spaces shall be covered by a trellis or carport structure Veterinary hospitals 1 space per 400 sq. 1 space per 300 sq. and clinics ft. GFA exclusive of ft. GFA exclusive of overnight boarding overnight boarding areas areas Automotive Uses Automobile repair 1 space per 250 sq. 1 space per 200 sq. facilities ft. of sales area ft. of sales area, plus 2 spaces per service bay Automobile Fueling: N/A (1) Without retail 1 space per 500 sq. sale of beverage and ft. GFA food items (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 4 of 8 62 (2) With retail sale of 1 space per 400 sq. beverage and food ft. GFA items Automobile, truck, 1 space per 500 sq. N/A Parking is for boat, and similar ft. GFA (not including customers and vehicle sales or rental service bays), plus 1 employees, and is establishments space per service bay not to be used for display. Car washes: N/A Applicant may be required to submit a (1) Full -service 10 spaces (vacuuming or drying parking study which areas shall not be includes a stacking counted as parking analysis for the spaces) proposed facility (2) Express -service 2 spaces per facility (wash bays shall not be counted as parking spaces) Industrial Uses General 1 space per 500 sq. N/A manufacturing, ft. GFA research and development and industrial uses Warehousing and 1 space per 1,000 sq. N/A distribution space ft. GFA Assembly Uses Auditoriums, 1 space per 3 seats 1 space per 2.5 seats 18 lineal inches of theaters, cinemas bench shall be considered 1 fixed seat. Churches, temples 1 space per 5 seats of 1 space per 3 seats of 18 lineal inches of and similar places of assembly area assembly area bench shall be assembly considered 1 fixed seat. Parking will be required at the same rate for other auditoriums, assembly halls or classrooms to be used concurrently (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 5 of 8 63 Nightclubs, dancehalls, lodge halls and union halls Mortuaries and funeral homes Community centers Lodging and Child Da Daycare centers, including preschools and nursery schools Hotels & motels and village hospitality homes Timeshare facilities, fractional ownership and similar facilities Recreational Uses Arcade, game and video Billiard or pool establishments Bowling alleys (Supp. No. 5, Update 3) 1 space per 50 sq. ft. GFA, plus required parking for other uses on the site 1 space for every 5 seats of assembly room floor area 1 space per 300 sq. ft. GFA ire Uses 1 space per 300 sq. ft. GFA, plus 1.5 spaces per employee 1.1 spaces per guest bedroom plus required parking for other uses on the site 1.3 spaces per dwelling or guest unit plus required parking for other uses on the site 1 space per 200 sq. ft. GFA 1 space per 1S0 sq. ft. GFA 4 spaces per alley plus required parking for other uses on the site 1 space per 35 sq. ft. GFA, plus required parking for other uses on the site 1 space for every 3 seats of assembly room floor area, plus 1 space for each vehicle stored onsite, plus 5 spaces for employees 1 space per 200 sq. ft. GFA 1 space per 250 sq. ft. GFA, plus 1.5 spaces per employee 1.3 spaces per guest bedroom plus required parking for other uses on the site 1.5 spaces per dwelling or guest unit plus required parking for other uses on the site 1 space per 100 sq. ft. GFA 5 spaces per alley plus required parking for other uses on the site with the main auditorium Stacking analysis shall be required to define a drop-off facility that accommodates safely loading and unloading children Created: 2024-08-07 10:59:38 [EST] Page 6 of 8 64 Golf uses: (1) Driving ranges (2) Pitch and putt, par three and miniature golf courses (3) Regulation courses Tennis courts, handball/racquetball, and other court - based facilities Health clubs, membership gyms and commercial swimming pools Libraries/museums Shooting ranges Skating rinks, ice or roller Stables, commercial 1 space per tee, plus the spaces required for additional uses on the site 3 spaces per hole, plus the spaces required for additional uses on the site 5 spaces per hole, plus the spaces required for additional uses on the site 3 spaces per court 1 space per 200 sq. ft. GFA (for purposes of this use, swimming pool area shall be counted as floor area) 1 space per 300 sq. ft. GFA 1 space per shooting station plus 5 spaces for employees 1 space per 250 sq. ft. GFA 1 space per each 5 horses kept on the premises N/A 8 spaces per hole, plus the spaces required for additional uses on the site 4 spaces per court 1 space per 150 sq. ft. GFA (for purposes of this use, swimming pool area shall be counted as floor area) 1 space per 200 sq. ft. GFA 1 space per 200 sq. ft. GFA 1 space per each 4 horses kept on the premises Public and Semipublic Uses Public utility facilities 1 space per N/A not having business employee plus 1 offices on the space per vehicle premises, such as used in connection with the facility (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 7 of 8 65 electric, gas, water, telephone facilities Schools: N/A (1) Elementary and 2 spaces per junior high or middle classroom schools (2) Senior high 10 spaces per schools classroom (3) Colleges, 20 spaces per universities and classroom institutions of higher learning (4) Trade schools, 20 spaces per business colleges and classroom commercial schools Emergency and 1 space per Homeless Shelters, employee. Low Barrier Navigation Centers Required Bicycle Parking. Bicycle parking shall be provided for certain nonresidential uses in order to encourage the use of bicycles and to mitigate motor vehicle pollution and congestion. The minimum bicycle parking requirements for nonresidential uses are as follows: a. Land uses required to provide bicycle parking equal to minimum three percent (3%) of the total parking spaces required per Table 9-12 include: video arcades, bowling alleys, cinemas/movie theaters, commercial recreation, tennis clubs, health clubs, libraries, schools, and skating rinks. b. Land uses required to provide a minimum of five (5) bicycle parking spaces include: churches, clubs/halls, hospitals and restaurants (all categories). C. Land uses required to provide a minimum of one (1) bicycle parking for every twenty-five thousand (25,000) square feet of gross floor area include governmental, general, medical and financial office uses. d. In addition to the requirements of subsections (C)(2)(a) through (c) of this section, retail centers shall provide five (5) bicycle parking spaces for each tenant having over twenty thousand (20,000) square feet of gross floor area. The spaces shall be provided at or near the major tenant's main entry. e. Bike racks shall be placed in shaded locations, out of the way of pedestrian flows and shopping cart storage and shall be provided with a mechanism which permits locking a bicycle onto the rack. (Ord. 603 § 1(Exh. A), 2022; Ord. 602 Exh. A, 2022; Ord. 550 § 1, 2016; Ord. 528 § 3, 2016; Ord. 505 § 1, 2012; Ord. 361 § 1, 2001; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:38 [EST] Page 8 of 8 66 9.210.020 Conditional use permits. A. Purpose. The purpose of a conditional use permit is to provide for individual approval or denial of land uses requiring such permits under this code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. B. Definitions. See Chapter 9.280. C. Applicability. A conditional use permit is required for all land uses identified in this code as requiring such permits. D. Decision -Making Authority. Conditional use permits shall be reviewed by the planning commission in conjunction with a public hearing held pursuant to Section 9.200.100. E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit at all times. F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of a conditional use permit: 1. Consistency with General Plan. The land use is consistent with the general plan. 2. Consistency with Zoning Code. The use is consistent with the provisions of this zoning code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.110. H. Expiration and Time Extensions. The period of validity for establishment or time extension of a conditional use permit shall be pursuant to Section 9.200.080. I. Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100. J. The use permit may be modified or revoked by the city council, or planning commission, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance. (Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 489 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:40 [EST] Page 1 of 1 67 9.210.050 Temporary use permits. A. Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment. B. Applicability. A temporary use permit is required for temporary uses permitted under this code. C. Decision -Making Authority. Temporary use permits shall be reviewed administratively by the director pursuant to Section 9.200.020. D. Conditions of Approval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses. E. Precise Development Plan. Any use or development authorized under such a permit shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been made if the director determines that the findings set forth for such temporary uses in the applicable section of this code have been satisfied. G. Time Limits. A temporary use permit shall be approved for no longer than 18 months, except as specified for stated temporary uses in their applicable sections of this code. H. Extensions. A temporary use permit may be extended for up to 12 months. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision - making authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B). I. The use permit may be modified or revoked by the director, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance. (Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:40 [EST] Page 1 of 1 68 13.12.100 Public notice procedure. A. Public Notice. Public hearings shall be held on tentative maps as set forth in Table 13-1. Notice of such hearings shall be published at least one (1) time not less than ten (10) days before the date of the public hearing. The notice shall include the following information: 1. The time and place of the public hearing; 2. The hearing body or officer; 3. A general explanation of the matter to be considered; 4. A general description of the property in text or diagrammatic form; 5. Map preparer/subdivider representative. B. Specific Hearing Notification. Notices of public hearings shall be mailed or delivered to the following people/entities at least ten (10) days prior to the hearing: 1. Either the owner of the subject property or the owner's duly authorized agent; 2. The project subdivider; 3. Each agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected; 4. All owners of real property within five hundred (500) feet of the property in question, as shown on the latest updated equalized assessment roll. (Ord. 539 § 3, 2016; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) (Supp. No. 5, Update 3) Created: 2024-08-07 10:59:48 [EST] Page 1 of 1 69 Ordinance No. 618 Zoning Ordinance Amendment 2024-0001 Amendments to Titles 9 and 13 Adopted: December 3, 2024 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 618 which was introduced at a regular meeting on the November 19, 2024 and was adopted at a regular meeting held on the December 3, 2024, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-27. MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on December 4, 2024, pursuant to Council Resolution. MONIKA RADEVA, City Clerk City of La Quinta, California 70 STUDY SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: December 3, 2024 STAFF REPORT AGENDA TITLE: DISCUSS DRAFT COACHELLA VALLEY POWER AGENCY JOINT POWERS AGREEMENT REGARDING GROWTH AND DEVELOPMENT OF ELECTRIC POWER IN THE EASTERN COACHELLA VALLEY RECOMMENDATION Discuss the draft Coachella Valley Power Agency Joint Powers Agreement regarding growth and development of electric power in the eastern Coachella Valley, and provide direction. EXECUTIVE SUMMARY • The 99-year Agreement of Compromise (Agreement) between the Coachella Valley Water District (CVWD) and Imperial Irrigation District (IID), making IID the electrical service provider for the greater Coachella Valley (CV) is set to expire on December 31, 2032. • The IID Board is elected by registered voters within IID's jurisdictional boundary, which is limited to Imperial County, without any representation from Riverside County, or the Coachella Valley (CV) which accounts for approximately 65% of IID's energy revenues. • The proposed draft Coachella Valley Power Agency (CVPA) Joint Powers Agreement (JPA) is a starting point in establishing an independent public agency for Riverside County and the CV in order to give stakeholders the authority they have long sought with regard to electrical service. FISCAL IMPACT — None. BACKGROUND/ANALYSIS The 99-year Agreement between CVWD and IID, making IID the electrical service provider for the greater CV is set to expire on December 31, 2032. IID's Board is comprised of five officials elected by registered voters within IID's jurisdictional boundary, which is limited to Imperial County. Riverside County's voters are ineligible to serve on IID's Board or vote in IID's elections even though approximately 65% of IID's energy revenues are generated by ratepayers in the CV. This would change with the proposed formation of the CVPA via the draft JPA, 71 which would have a board made up of representatives from each of the stakeholder entities with voting power. In July 2021, IID formed the Coachella Valley Energy Commission (CVEC), comprised of stakeholder entities including the Cities of La Quinta, Indio and Coachella, portions of the Cities of Palm Desert, Rancho Mirage and Indian Wells, tribes and areas of unincorporated Riverside County, to determine the energy needs of the greater CV beyond 2032. After three years of meetings and study sessions that included lengthy discussions and input from a consultant, CVEC members feel that forming the CVPA under a JPA may be the best way forward, with administrative assistance provided by the Coachella Valley Association of Governments (CVAG) during the startup process. This JPA is a starting point in establishing the CVPA, an independent public agency, in order to give stakeholders the authority they have long sought with regard to electrical service. Each member party would have the ability to exercise powers to promote, develop, conduct, operate, and manage energy generation and distribution in the eastern CV toward achieving reliable, cost-effective public power. A resolution endorsing the draft CVPA JPA was presented to CVEC on November 15, 2024, but not voted on to give Commissioners and CVAG time to get input from the respective city councils/boards/entities involved. CVEC may vote on the resolution during its December 12, 2024, meeting. Increasing population, system reliability, aging infrastructure, capacity limitations, new development, frequent service outages, and questions regarding timely implementation of capital improvements are among concerns that have driven the need for CV stakeholders to provide oversight on electrical service matters. Overall system capacity is also impacting new development that can't be served by the current substations and grid provided by IID. IID has identified that $1.5 billion is currently needed to maintain and improve generation and transmission capability in IID's service territory. The City has been working with developers and IID in determining how to add substations needed for growth through a possible cost -sharing agreement. ALTERNATIVES Staff proposes no alternatives as this item is for discussion. Prepared by: Sherry Barkas, Marketing and Communications Specialist Approved by: Jon McMillen, City Manager Attachment: 1. Draft CVPA JPA 72 ATTACHMENT 1 COACHELLA VALLEY POWER AGENCY JOINT POWERS AGREEMENT Discussion Draft Dated 11-15-2024 Among the Following Parties: Augustine Band of Cahuilla Indians Cabazon Band of Cahuilla Indians City of Coachella Coachella Valley Water District Torres Martinez Desert Cahuilla Indians City of Indio City of Indian Wells City of La Quinta Twenty -Nine Palms Band of Mission Indians City of Palm Desert County of Riverside City of Rancho Mirage 73 COACHELLA VALLEY POWER AGENCY JOINT POWERS AGREEMENT This Joint Powers Agreement ("Agreement"), effective as of Month Day, Year is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the parties set forth in Exhibit B (individually "Party" or "Member", collectively "Parties" or "Members"). The term "Parties" or "Members" shall also include an incorporated municipality, county, Indian tribe or other eligible entity added to this Agreement in accordance with Section 2.4. RECITALS A. Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Act") authorizes the Parties to create a joint exercise of powers entity which has the power to exercise any powers common to the Parties and to exercise additional powers granted to it under the Act or other California statutes, as applicable. B. The Parties share various powers under California law, including but not limited to the power to manage, own, operate, purchase, supply, transport, aggregate electricity related enterprises, facilities, equipment, and programs for themselves and customers within their jurisdictions. C. The Parties, by and through this Agreement, desire to establish a separate public agency, known as the Coachella Valley Power Agency, or CVPA, under the provisions of the Act (including without limitation Section 6502.1 of the Act), in order to collectively: (i) work collaboratively with the Imperial Irrigation District ("IID") to enable flexibility in addressing the unique needs of CVPA, subgroups of its Members and each of its Members concerning generation and distribution electric services in the eastern Coachella Valley, and (ii) evaluate pathways to transition into a standalone provider of electric generation and distribution services in the eastern Coachella Valley. D. The purpose of this Agreement is to establish an independent public agency, in order to exercise powers common to each Party, and to exercise additional powers granted to it under the Act and or other relevant legislative authorization(s), including to promote, develop, conduct, operate, and manage energy generation and distribution in the eastern Coachella Valley toward achieving reliable, cost-effective public power. E. The purpose and intent further include long- and short-term investigation for establishing a stand-alone, integrated publicly -owned electric utility Coachella Valley Power Agency November 15, 2024 Joint Powers Agreement 74 that is locally controlled and supports anticipated growth and development in eastern Coachella Valley, delivery of cost -competitive electricity, product choice, price stability, and augments energy -related climate goals of the Members. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows: ARTICLE 1: DEFINITIONS AND EXHIBITS 1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise. 1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement. Exhibit A: Definitions Exhibit B: List of the Proposed Initial Parties Exhibit C: Annual Energy Use Exhibit D: Voting Shares Exhibit E: Signatures ARTICLE 2: FORMATION OF COACHELLA VALLEY POWER AGENCY 2.1 Effective Date and Term. This Agreement shall become effective and CVPA shall exist as a separate public agency on Month Day, Year or when at least three of the proposed initial Parties listed in Section 2.4.1 representing a total of at least 50% of the "Annual Energy %" listed in Exhibit C execute this Agreement, whichever occurs later. CVPA shall provide notice to the Parties of the Effective Date. CVPA shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 6.4, subject to the rights of the Parties to withdraw from CVPA. 2.2 Formation. There is formed as of the Effective Date a public agency named Coachella Valley Power Agency. Pursuant to Sections 6506 and 6507 of the Act, CVPA is a public agency separate from the Parties. Pursuant to Section 6508.1 of the Act, the debts, liabilities or obligations of CVPA shall not be debts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of CVPA. A Party who has not agreed to assume a CVPA debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of November 15, 2024 Coachella Valley Power Agency Joint Powers Agreement 75 CVPA. Notwithstanding the above, if CVPA contracts with a public retirement system, the above provisions shall not apply with respect to the retirement liabilities of CVPA pursuant to Section 6508.1 of the Act. Notwithstanding Section 7.5 of this Agreement, this Section 2.2 may not be amended unless such amendment is approved by the governing body of each Party. 2.2.1 Name. CVPA may change its name at any time through adoption of a resolution of the Board of Directors. 2.3 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party, and to exercise additional powers granted to it under the Act and or other relevant legislative authorization(s), in order to collectively address the unique needs of CVPA and each of its members concerning electric service in the eastern Coachella Valley and study and evaluate pathways to a transition to a standalone provider of electrical services in the eastern Coachella Valley. The purpose and intent further include long - and short-term investigation, planning, constructing, owning, operating and managing power generation and delivery facilities through collaborative arrangements with one or more power related organizations. Such investigations could include any or all of the following: November 15, 2024 a. Providing IID with the flexibility and ability to address the unique concerns and needs of CVPA and its individual Members, wherein it may be appropriate to apply rates, rules, regulations, and/or orders within the Coachella Valley that may differ from the rates, rules, regulations, and/or orders applicable to electric service within IID's general jurisdictional boundary. b. Evaluating pathways to a transition to a standalone provider of electrical services in the eastern Coachella Valley. C. Establishing a stand-alone, integrated publicly owned utility. Cl. Planning, constructing, owning, operating and managing electric power generation and distribution facilities within or for the benefit of the jurisdictions of the Parties within the eastern Coachella Valley. e. Providing electric power and other forms of energy and energy services to customers at a competitive cost. f. Promoting long-term electric rate stability, energy security, quality and reliability for residents through local control of electric Coachella Valley Power Agency Joint Powers Agreement 76 generation resources and other energy related equipment and facilities. g. Providing a vehicle for Parties to discuss, plan, implement and manage energy related policies which may benefit the Parties and the constituencies they represent. h. Reviewing, promoting and administering, as applicable, effective and efficient use and allocation of Public Benefits Charge(s) pursuant to California Public Utilities Commission collection of such charges, or similar successor charges, for Members of CVPA. i. Carrying out efficiency and conservation programs related to energy consumption. j. Coordinating, cooperating and contracting with other energy related organizations to attain and improve energy production, efficiency and delivery facilities affecting the Parties and neighboring jurisdictions. k. Entering into collaborative relationships with neighboring public power entities and other organizations and companies to help achieve the power supply generation and delivery goals of the Parties. I. Stimulating and sustaining the local economy by developing local jobs in renewable and conventional energy. 2.4 Membership in CVPA. 2.4.1 The eligible initial Members of CVPA are the Augustine Band of Cahuilla Indians, the Cabazon Band of Cahuilla Indians, the City of Coachella, the Coachella Valley Water District, the Torres Martinez Desert Cahuilla Indians, the City of Indio, the City of Indian Wells, the City of La Quinta, the Twenty -Nine Palms Band of Mission Indians, the City of Palm Desert, the County of Riverside, and the City of Rancho Mirage. Any of the above - named eligible initial Members may join CVPA by approving and executing this Agreement before or after the Effective Date and delivering a copy of the executed Agreement to the Members and, if this Agreement is already effective, the CVPA secretary. 2.4.2 Any other city, county or other eligible party may request to become a member of CVPA by submitting a resolution adopted by its City Council, Board of Supervisors, Tribal Council, Board of Directors or other official governing body, to the Board of CVPA. November 15, 2024 Coachella Valley Power Agency Joint Powers Agreement 77 The Board shall review the request and shall vote to approve or disapprove the request. Such request shall be subject to approval by two-thirds of the Board as described in Section 3.8.3. The Board may establish conditions, including but not limited to financial conditions, under which the prospective member may become a member of CVPA. The Board shall notify the then Members of CVPA of this request and the date that the request will be on the Board's meeting agenda for action. The date set for Board action shall be at least forty-five (45) days from the date the notice is mailed to the Members. If the request is approved by the Board, the city, county or other eligible party shall become a member of CVPA under the terms and conditions set forth by the Board and upon approval and execution of this Agreement by the requesting city, county, or party. 2.5 Powers. CVPA shall have all powers common to the Parties and such additional powers accorded to it by law. CVPA is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section 3.8: 2.5.1 to make and enter into contracts; 2.5.2 to employ agents and employees, including but not limited to an Executive Officer; 2.5.3 to lease, acquire, construct, contract, manage, maintain, and operate any buildings, infrastructure, works, or improvements; 2.5.4 to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; however, CVPA shall not exercise the power of eminent domain within the jurisdiction of a Party over its objection without first meeting and conferring in good faith; 2.5.6 to sue and be sued in its own name; 2.5.7 to incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et seq. and authority under the Act; 2.5.8 to form subsidiary or independent corporations or entities, if necessary, to carry out energy supply, energy delivery and energy conservation programs at the lowest reasonable cost or to take advantage of legislative or regulatory programs and funding; November 15, 2024 Coachella Valley Power Agency Joint Powers Agreement 78 2.5.9 to issue revenue bonds and other forms of indebtedness; 2.5.10 to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency or individuals or private entities; 2.5.11 to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of CVPA's services, facilities and other energy programs; 2.5.12 to adopt Operating Rules and Regulations; 2.5.13 to establish ordinances, policies, rules, rates, fees, charges and surcharges (including without limitation development impact fees) related to energy services, programs, projects and general operations undertaken within Member service territories; 2.5.14 to make and enter into service agreements relating to the provision of services necessary to plan, implement, own, operate and administer CVPA energy services, programs, including the acquisition of electric power supply and electric distribution facilities, and the provision of retail and regulatory support services; 2.5.15 to invest money in its treasury, pursuant to Government Code Section 6505.5 et seq., that is not required for the immediate necessitities of CVPA, as CVPA determines advisable, in the same manner and on the same conditions as local agencies pursuant to Government Code Section 53601, et seq.; 2.5.16 to assume the rights and obligations of any Member related to the purpose of this Agreement, and to assume the rights and obligations of any other public agency or utility by agreement or other lawful method; 2.5.17 to carry out and enforce all provisions of this Agreement; 2.5.15 to exercise any and all powers which are provided for in the Act, as they exist on the Effective Date of this Agreement or may hereafter be amended; and 2.5.16 to permit additional parties to enter into this Agreement after the Effective Date. 2.6 Limitation on Powers. CVPA shall, in addition, have all implied powers necessary to perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable law, this Agreement and its bylaws. Coachella Valley Power Agency November 15, 2024 Joint Powers Agreement 79 In accordance with Government Code Section 6509, the powers of CVPA shall be exercised in the manner prescribed in the Joint Exercise of Powers Act, Government Code Sections 6500 et seq., as that Act now exists and may hereafter be amended, and shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon the City of Palm Desert, a charter city, in the exercise of similar powers; provided, however, that if the City of Palm Desert does not become a member or shall cease to be a Member, then CVPA shall be restricted in the exercise of its power in the same manner as the City of La Quinta, a charter city. ARTICLE 3: GOVERNANCE AND INTERNAL ORGANIZATION 3.1 Governing Body. CVPA shall be governed by a legislative body known as the Board of Directors ("Board"). The Board shall consist of one (1) Director appointed by each of the Members. Each Director shall serve at the pleasure of the governing body of the Party appointing such Director, and may be removed as Director by such governing board at any time. If at any time a vacancy occurs on the Board, a replacement shall be appointed by the affected Party to fill the position of the previous Director within 30 days of the date that such position becomes vacant. Directors shall be elected officials of the appointing Party that is a signatory to this Agreement. Each Party may appoint an alternate to serve in the absence of its Director. Alternates shall be elected officials of the appointing Party that is the signatory to this Agreement. The County of Riverside may designate an alternate that is an elected official from any District 4 agency which is not a member of CVPA, given that such agency's jurisdiction falls wholly or in part within the jurisdictional boundaries of CVPA. The Board shall exercise all powers and conduct all business of CVPA, either directly or by delegation to other bodies or persons pursuant to this Agreement. For any vacancy in Director and Alternate positions, quorum determination and Board voting mechanisms shall be adjusted as provided in Sections 3.7 and 3.8 of this Agreement. The governing body of a Member may designate a duly appointed Director from another Member to represent and vote on behalf of such designating Member on all CVPA matters affecting the designating Member. Such designation as a proxy must be made annually in writing at least thirty (30) days before the start of a new CVPA fiscal year and must be effective for the entirety of the forthcoming fiscal year. For the fiscal year in which this Agreement becomes effective, a written notice by a Member designating another Member to act on its behalf may be submitted at any time and will remain in effect for the remainder of that fiscal year. If a designating Member's Director (or Alternate) is present at any CVPA meeting, such Director (or Alternate) may participate directly on its own behalf. November 15, 2024 Coachella Valley Power Agency Joint Powers Agreement :1 If additional cities, counties or other eligible entities join CVPA, as set forth in Section 2.4, each city, county or other eligible entity that becomes a member of CVPA shall be entitled to one (1) Director and one (1) Alternate appointed as set forth above. Ex Officio Directors. The Board may appoint ex officio members of the Board. Ex officio directors shall receive all meeting notices, shall have the right to participate in Board discussions and the right to place items on the agenda but shall not be counted towards a quorum or attend closed session and shall have no vote. 3.2 Regular Board Meetings. The Board shall hold at least one regular annual meeting and shall provide for such other regular meetings as it deems necessary. Meetings of the Board shall be held at such locations within one of the Member jurisdictions, and at such times as may be designated from time to time by the Board. Directors may participate in meetings telephonically or electronically, with full voting rights, only to the extent permitted by law. All meetings shall be conducted in accordance with the provisions of the Ralph M. Brown Act (California Government Code Sections 54950 et seq.). 3.3 Special Meetings of the Board. Subject to all noticing requirements of the Ralph M. Brown Act, special meetings of the Board may be called in accordance with the provisions of California Government Code Sections 54956 and 54956.5, to be held at such times and places within one of the member jurisdictions as may be ordered by the Chair (and at such other locations as allowed under the Ralph M. Brown Act). A majority of the Board may also call a special meeting for any purpose. 3.4 Chair and Vice -Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair. The Chair and Vice Chair shall serve at the pleasure of the Board. There shall be no limit on the number of terms held by either the Chair or Vice Chair. 3.5 Conduct of Meetings. The Chair or, in the absence of the Chair, the Vice - Chair, shall preside at all meetings of the Board. 3.6 Resignation of a Director. Any Director may resign effective on giving written notice to the Board Chair or CVPA secretary, unless the notice specifies a later time for the effectiveness of such resignation. A successor shall be appointed by the affected Member as provided for in this Agreement. November 15, 2024 Coachella Valley Power Agency Joint Powers Agreement 81 3.7 Quorum. A quorum for the transaction of business shall exist if a meeting is attended by at least three (3) Directors representing more than 50% of the Weighted Voting Shares of the Parties. A quorum shall exist for the transaction of business if a meeting is attended by at least three (3) Directors representing a majority of the of the Members based on Weighted Vote Shares as described in 3.17.1(c) of this Agreement. In all instances a quorum must consist of at least three (3) Directors physically or telephonically present pursuant to the Ralph M. Brown Act. Ex officio, non -voting directors shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action. In the event that a Member has failed to designate a Director, or a Member's designated Director has died, resigned, left office, been removed from office, and a replacement Director has not yet been designated, and there is no designated Alternate, and there is no other Member's representative designated to act on the designating Member's behalf by proxy, such that a Member has no duly acting representative on the Board, then that Member's vacant Board position shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action. No action may be taken by the Directors if a quorum of the Board is not present. In the absence of a quorum, any meeting of the Board may be adjourned from time to time by a vote of the majority present, but no other business may be transacted except as provided for in this Section. If any Member's Director, Alternate and designated proxy representative has been absent from three (3) or more consecutive Board meetings, that Member's Director and Alternate positions shall automatically become vacant and any proxy designation shall automatically be temporarily invalidated, each upon the conclusion of such third consecutive Board meeting at which the Member was not represented. Thereafter, such Member shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action until the Member has filled the vacancy or vacancies in the Director and Alternate positions or redesignated its proxy for the applicable fiscal year, and such appointed or reappointed Director, Alternate, or designated proxy attends a subsequent Board meeting. 3.8 Voting. Except as otherwise expressly provided in this Agreement or required by law, every act or decision by the Board shall be made by: (1) an affirmative vote of a majority of all Directors who are present at the meeting ("Equal Vote"); or (2) if requested as described below, an affirmative vote of at least three (3) Directors representing a majority of Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 10 November 15, 2024 the Weighted Vote Share of the Members represented at the meeting ("Weighted Vote"). "Weighted Vote Share" is defined below. 3.8.1 Weighted Vote and Weighted Vote Shares Upon request of one (1) or more Directors, a Weighted Vote will be conducted. Each Member shall have a "Weighted Vote Share" as determined by the following formula: ([Total Annual Energy Use (expressed in MWh) in the Member's jurisdiction / combined Total Annual Energy Use in all Members' represented at the meeting], expressed as a percentage to two decimal places. Annual Energy Use values are to be based on total actual or estimated retail energy sales or consumption of all Members' respective electric customer (or Member) accounts, as applicable, as of December 31 of the most recent year for which such data is available. In the absence of actual data, the Board may approve the use of reasonably estimated Annual Energy Use values or other suitable method for determining or estimating applicable Member energy usage. 3.8.2 Exhibit Showing Weighted Vote Shares. The initial Weighted Vote Shares of the proposed initial Parties are set forth in Exhibit D based on data available / estimated as of the Effective Date of this Agreement. Exhibit D shall be revised annually or as necessary to account for changes in the number of Members and or changes in the Members' annual MWh retail energy usage. Adjustments to Exhibit D shall be approved by a majority vote of the Board and shall not be considered an amendment to this Agreement. For the avoidance of doubt, the Parties acknowledge and agree that the Weighted Vote Shares shown in Exhibit D assume that representatives of all Members will attend meetings of the Board; however, the actual Weighted Vote Share may vary based on the actual Members represented at a meeting by a Director, Alternate, or proxy. 3.8.3 Soecial Votina Reauirements for Certain Matters. (a) Two -Thirds and Weighted Vote Approval Requirements Relating to Sections 6.2 and 7.5. Notwithstanding any other provision of this Agreement, action of the Board on the matters set forth in Section 2.4.2 (approval of membership of certain agencies), Section 6.2 (involuntary termination of a Member), or Section 7.5 (amendment of this Agreement) shall require the affirmative vote of at least two-thirds of Directors Coachella Valley Power Agency Joint Powers Agreement 11 83 November 15, 2024 present; provided, however, that: (i) notwithstanding the foregoing, any one (1) or more Directors present at a meeting may demand that the vote be determined on the basis of Weighted Vote Shares, and if any one (1) or more Directors make such a demand, then approval shall require the affirmative vote of Directors having at least two-thirds of the Weighted Vote Shares present, as determined by Section 3.8.1; and (ii) for votes to involuntarily terminate a Member under Section 6.2, the Director for the Member subject to involuntary termination may not vote, and the number of Directors constituting two-thirds of all Directors, and the Weighted Vote Share of each Member shall be recalculated as if the Member subject to possible termination were not a Member. (b) Seventy -Five Percent Special Voting Requirements for Eminent Domain and Contributions or Pledge of Assets. (i) A decision to exercise the power of eminent domain on behalf of CVPA to acquire any property interest other than an easement, right-of-way, or temporary construction easement shall require a vote of at least 75% of all Directors. (ii) The imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation CVPA shall require a vote of at least 75% of all Directors and the approval of the governing bodies of the Members which are being asked to make such contribution or pledge. (iii) Notwithstanding the foregoing, any one (1) or more Directors present at the meeting may demand that a vote under subsections (i) or (ii) be determined on the basis of Weighted Vote Shares, and if any one (1) or more Directors make such a demand, then approval shall require the affirmative vote of Directors having at least 75% of all Weighted Vote Shares, as determined by Section 3.8.1. For purposes of this section, "imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation in CVPX does not include any obligations of a withdrawing or terminated Member imposed under Section 6.3. Coachella Valley Power Agency Joint Powers Agreement 12 84 3.9 Other Officers. The Executive Officer of CVPA shall be the secretary of CVPA, or as otherwise determined by the Board. Any officer, employee or agent of any Member of CVPA may also be an officer, employee, or agent of any of the Members. CVPA shall have the power to appoint such additional officers and to employ such employees and assistants as may be appropriate. Unless otherwise specified through a staffing arrangement with CVAG, each and all of said officers, employees and assistants shall serve at the pleasure of CVPA and shall perform such duties and shall have such powers as CVPA may, from time to time, determine. Any officer may resign at any time by giving written notice to the secretary. Any such resignation shall be effective upon receipt of such notice or at any later time specified in the notice. Officers shall assume the duties of their offices immediately after their appointment and shall hold office until their successors are appointed, except in the case of their removal or resignation. Vacancies of officers shall be filled by appointment of the Board and such appointee shall hold office until the appointment of his or her successor. 3.10 Minutes. The secretary of CVPA shall cause to be kept minutes of regular, adjourned regular and special meetings of the Board. The secretary shall cause a copy of all minutes, along with copies of all ordinances and resolutions, to be forwarded to each of the Parties hereto. 3.11 Rules. The Board may adopt rules or bylaws governing meetings if not inconsistent or in conflict with this Agreement. 3.12 Powers and Functions of the Board. The Board shall exercise general governance and oversight over the business and activities of CVPA, consistent with this Agreement and applicable law. Board approval shall be required for any of the following actions: 3.12.1 The issuance of bonds or any other financing even if program revenues are expected to pay for such financing. 3.12.2 The appointment or termination of the Executive Officer. 3.12.3 The appointment or removal of officers. 3.12.4 Any decision to provide retirement or post -retirement benefits that are defined benefit programs, subject to the requirements of section 5.3.4, below. 3.12.5 The adoption of the Annual Budget. Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 13 85 3.12.6 The adoption of an ordinance. 3.12.7 The approval of agreements, except as delegated by the Board pursuant to an adopted ordinance, policy, rule, motion or similar enactment. 3.12.8 The initiation or resolution of claims and litigation where CVPA will be the defendant, plaintiff, petitioner, respondent, cross complainant or cross petitioner, or intervenor; provided, however, that: (1) the Executive Officer or General Counsel, on behalf of CVPA, may intervene in, become a party to, or file comments with respect to any proceeding pending at the California Public Utilities Commission, the Federal Energy Regulatory Commission, or any other administrative agency, without approval of the Board as long as such action is consistent with any adopted Board policies; and (2) the Board may delegate authority to reject or settle claims or potential litigation in accordance with appropriate thresholds under an adopted ordinance, policy, rule, motion or similar enactment. 3.12.9 The setting or authorization of rates for any power sold by CVPA and the setting or authorization of charges for any other category of service provided by CVPA. 3.12.10 Termination of Board -approved CVPA programs or services. 3.13 CVAG's Participation. CVAG shall provide, under contract with CVPA, administrative services required by CVPA during the first five (5) years of the implementation of CVPA; and thereafter as the administrative services contract may be renewed from time to time by CVPA, and shall exercise such other powers and duties as the Board deems necessary to achieve the purposes of this Agreement. During any such term, CVAG's Executive Director may serve as the secretary of CVPA. 3.14 Executive Officer. Except as may be provided pursuant to any administrative services agreement referenced in Section 3.13, the Board of Directors shall have the authority to appoint an Executive Officer for CVPA, who would be responsible for the day-to-day operation and management of CVPA. The Executive Officer may be retained under contract with CVPA, be an employee of CVPA, be an employee of CVAG, or be an employee of one of the Parties, as determined by the Board. If appointed, the Executive Officer shall report directly to the Board and serve as staff to CVPA. Except as otherwise set forth in this Agreement, the Executive Officer may exercise all powers of CVPA, including the power to hire, discipline and terminate employees. Any Executive Officer shall serve at the pleasure of the Board. Notwithstanding the other provisions of this section or this Agreement, the Board may determine alternative arrangements for management of the day-to-day Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 14 F.M. administration and operation of CVPA in lieu of appointment of an Executive Director, including without limitation pursuant to an administrative services agreement pursuant to Section 3.13 or establishing a position with similar powers and duties as a potential Executive Director. 3.15 CVPA Staff. Except as may be provided pursuant to any administrative services agreement referenced in Section 3.13, CVPA may contract with CVAG for staff services, retain its own staff, or contract with another entity for staff services. Unless other employment is approved by the Board, the CVPA Executive Officer may utilize CVAG staff as may be necessary to accomplish the purposes of CVPA. CVAG and CVPA will agree on a method of compensation for CVAG's services, which may include without limitation compensation for staff time, as well as office expenses, direct and indirect overheads, utilizing direct billing and other accounting practices that provide for a clear separation and allocation of funds. 3.16 Commissions. Boards. and Committees 3.16.1 The Board may establish commissions, boards or committees, including but not limited to a standing executive committee of the Board, as the Board deems appropriate, to assist the Board in carrying out its authority and functions under this Agreement and may delegate authority to such commissions, boards or committees as set forth in a Board resolution. Such delegation may be modified, amended or revoked at any time the Board may deem appropriate. Any decision delegated pursuant to this subsection may be appealed to the Board, as the Board so determines. 3.16.2 The Board may also establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing CVPA objectives, or other energy programs and the provisions of this Agreement. 3.16.3 If any board, commission or committee formed under this section qualifies as a legislative body pursuant to the Ralph M. Brown Act, such board, commission or committee shall comply with the requirements thereof. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees, and shall determine whether members shall be compensated or entitled to reimbursement for expenses. Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 15 87 3.17 Director Compensation. Directors shall serve without compensation from CVPA. However, Directors may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by CVPA of expenses or other costs incurred by Directors. 3.18 Member Consent: CVPA Rates. Rules. Reaulations and Orders. Each Member on behalf of CVPA or, as applicable, the governing body of its respective jurisdiction, hereby consents to provisions adopted by CVPA or by an individual Member that implements ordinances, policies, rates, rules, regulations and/or orders applicable to electric service within the Coachella Valley or within the jurisdiction of the Member that may differ from the ordinances, rates, rules, regulations and/or orders applicable to electric service in IID's jurisdictional boundary, as authorized by California Water Code Section 22123. 3.19 Treasurer and Auditor. The Treasurer shall function as the combined offices of Treasurer and Auditor pursuant to Government Code Section 6505.6 and shall strictly comply with the statutes related to the duties and responsibilities specified in Section 6505.5 of the Act. The Treasurer for CVPA shall be the depository and have custody of all money of CVPA from whatever source and shall draw all warrants and pay demands against CVPA as approved by the Board. The Treasurer shall cause an independent audit(s) of the finances of CVPA to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. The duties and obligations of the Treasurer are further specified in Article 5. The Treasurer shall serve at the pleasure of the Board. 3.20 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as CVPA's agent for planning, implementing, operating and administering CVPA, and any other service or program approved by the Board. The appointed administrative services provider may be one of the Members, or CVAG as provided in Section 3.13. A separate services agreement shall set forth the terms and conditions by which the appointed administrative services provider(s) shall perform or cause to be performed tasks necessary for planning, implementing, operating and administering CVPA and other approved services or programs. Any such services agreement shall set forth the terms and the circumstances under which the services agreement may be terminated by CVPA. This section shall not in any way be construed to limit the discretion of CVPA to hire its own Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 16 :: employees to administer all or any portion of CVPA activities or any other program. ARTICLE 4: IMPLEMENTATION ACTION AND CVPA DOCUMENTS 4.1 Participation in CVPA. To be eligible to participate in CVPA, each Party's governing body must approve a resolution or motion authorizing the execution of this Agreement and appointing a Director and Alternate. New members must be approved by the Board in accordance with this Agreement. 4.2 CVPA Documents. The Parties acknowledge and agree that the affairs of CVPA will be implemented through various documents duly adopted by the Board through Board action. The Parties agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Parties' right to withdraw from CVPA as described in Article 6. ARTICLE 5: FINANCIAL PROVISIONS 5.1 Fiscal Year. CVPA's fiscal year shall be the contiguous 12 month period commencing July 1 and ending June 30. The fiscal year may be changed by Board resolution. 5.2 Depository. 5.2.1 All funds of CVPA shall be held in separate accounts in the name of CVPA and not commingled with funds of any Party or any other person or entity. 5.2.2 All funds of CVPA shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of CVPA shall be open to inspection by the Parties at all reasonable times. The Board shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of CVPA, which shall be conducted in accordance with the requirements of Section 6505 of the Act. 5.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board. Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 17 :• 5.3 Budget and Recovery of Costs. 5.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time as may be reasonably necessary to address contingencies and unexpected expenses or events. All subsequent budgets of CVPA shall be approved by the Board in accordance with the Operating Rules and Regulations. 5.3.2 Funding of Initial Costs. The Parties acknowledge that the Initial Costs of establishing and implementing the CVPA will require some form of funding either provided by all or some of the Parties or attained in some other manner. If one or more CVPA program or service becomes operational, these Initial Costs paid by such Parties or attained from other sources shall be included in, or proportionately allocated to, the program or services as provided by Section 5.3.3 to the extent permitted by law, and respective Parties or other sources shall be reimbursed from the payment of such charges by such program participants or service customers. CVAG shall also be entitled to reimbursement for Initial Costs that are not otherwise paid or reimbursed by CVPA or the Parties. CVPA may establish a reasonable time period over which such costs are recovered and repaid to respective Parties or other sources. In the event that any CVPA program or service does not become operational or does not recover sufficient funds to cover Initial Costs, the respective Parties shall not be entitled to any reimbursement of funded Initial Costs from CVPA or any other Party. If any of the initial Members or other sources assists in funding initial costs, they shall also be entitled to reimbursement or offset pursuant to this section. The Board shall approve the manner of funding and repayment of Initial Costs which may include reasonable interest charges. 5.3.3 CVPA Program or Service Costs. The Parties desire that all costs incurred by CVPA that are directly or indirectly attributable to the provision of electric generation, electricity delivery, conservation, efficiency, incentives, financing, or other CVPA services or programs, including but not limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through any lawful method, which may include without limitation charges to CVPA Members and/or customers receiving such electric services, surcharges applied to electricity rates within Member service areas, development Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 18 W impact fees, or from revenues from grants or other third -party sources, to the extent permitted by law. The Parties acknowledge none, all or a portion of CVPA funding may be derived by way of one or more surcharges applied to retail customer power rates within respective Member jurisdictions and the Members desire to apply any such surcharges in a fair, reasonable, and equitable manner in collaboration with Imperial Irrigation District and or other applicable utility provider(s). 5.3.4 Emplovee Retirement and Post -retirement Benefits. Should the Board determine to provide a defined benefit retirement benefit to CVPA employees (such as PERS) or other post -retirement benefits that would be within an Other Post -Retirement Benefits (OPEB) obligation to CVPA employees, prior to providing such benefit(s) to any employee, the Board shall: (1) obtain a third party independent actuarial report on the long term costs of the benefit or benefits; (2) adopt a funding plan for the payment of both current and long-term costs that provides for the payment of all such costs on a current, pay-as-you-go, basis and eliminates any known or reasonably anticipated unfunded liability associated with the benefit(s); and (3) notice all Member agencies of the pending consideration of the benefit(s) together with the actuarial report and funding plan, for at least sixty (60) days and obtain the consent, by resolution, of not less than 75 percent of the then current Member's governing bodies ARTICLE 6: WITHDRAWAL AND TERMINATION 6.1 Withdrawal. 6.1.1 Right to Withdraw. A Party may withdraw its participation in CVPA, effective as of the beginning of CVPA's next fiscal year, by giving no less than 6 months advance written notice of its election to do so, which notice shall be given to CVPA and each Party. Withdrawal of a Party shall require an affirmative vote of the Party's governing board. 6.1.2 Right to Withdraw After Amendment. Notwithstanding Section 6.1.1, a Party may withdraw its membership in CVPA following an amendment to this Agreement adopted by the Board which the Party's Director voted against, provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Party shall require an affirmative vote of the Party's governing board and shall not be subject to the six-month advance notice provided in Section 6.1.1. In the event of such Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 19 91 withdrawal, the Party shall be subject to the provisions of Section 6.3. 6.1.3 The Right to Withdraw Prior to Start of any Program. If CVPA has not established any service or program and or a Party wanting to withdraw its membership in CVPA is not participating in any CVPA service or program, such Party may immediately withdraw its membership in CVPA without any further financial obligation, as long as the Party provides written notice of its intent to withdraw no less than thirty (30) days prior to such Party's requested withdrawal date. Any withdrawing Party shall not be entitled to any return of funds it may have provided to CVPA, provided, however, that if, after a service or program is initiated, there are unobligated and unused funds, the withdrawing Member may be refunded its pro rata share of the unobligated and unused funds as determined in the sole discretion of the Board. 6.1.4 Continuing Financial Obligation; Further Assurances. Except as provided by Section 6.1.3, a Party that withdraws its participation in CVPA may be subject to certain continuing financial obligations, as described in Section 6.3. Each withdrawing Party and CVPA shall execute and deliver all further instruments and documents, and take any further action(s) that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from participation in CVPA. 6.2 Involuntary Termination of a Party. This Agreement may be terminated with respect to a Party for material non-compliance with provisions of this Agreement, or any other agreement relating to the Party's participation in any CVPA service or program, upon a vote of the Board as provided in Section 3.8.3. Prior to any vote to terminate a Party under this Agreement, written notice of the proposed termination and the reason(s) for such termination shall be delivered in writing to the Party whose termination is proposed at least thirty (30) days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement(s) that the Party has allegedly violated. The Party subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a Board vote regarding termination. A Party that has had its participation in CVPA terminated may be subject to certain continuing liabilities, as described in Section 6.3. 6.3 Continuing Financial Obligations; Refund. Except as provided by Section 6.1.3, upon a withdrawal or involuntary termination of a Party, the Party shall remain responsible for any claims, demands, damages, Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 20 W, losses, expenses, costs, or other financial obligations arising from such Party's membership or participation in CVPA or any CVPA service or program through the effective date of its withdrawal or involuntary termination, it being agreed that the Party shall not be responsible for any new financial obligations arising after the date of the Party's withdrawal or involuntary termination. Claims, demands, damages, losses, expenses, costs, or other financial obligations for which a withdrawing or terminated Party may remain liable include, but are not limited to, costs and expenses incurred by CVPA to provide an actual or anticipated service or program to the Party or its customers, losses arising from the resale of power contracted for by CVPA to serve the Party's load, or any unfunded liabilities such as unfunded retirement contributions or costs and any unfunded post -retirement benefits. With respect to such financial obligations, upon notice by a Party that it wishes to withdraw from CVPA, CVPA shall notify the Party of the minimum waiting period under which the Party would be estimated to have no costs for withdrawal if the Party agrees to remain a Member of CVPA for such period. If the Party elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining Members, and may not include punitive charges that exceed actual costs. In addition, such Party shall also be responsible for any costs or obligations associated with the Party's participation in any service or program in accordance with the provisions of any agreements relating to such service or program provided such costs or obligations were incurred prior to the withdrawal of the Party. CVPA may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with CVPA, as reasonably determined by CVPA and approved by a vote of the Board, to cover the Party's financial obligations for the costs described above. Any amount of the Party's funds held on deposit with CVPA above that which is required to pay any existing or ongoing financial obligations shall be returned to the Party. If there is a disagreement related to the charge(s) for exiting, the Parties shall attempt to settle the amount through mediation or other dispute resolution process as authorized by Section 7.1. If the dispute is not resolved, the Parties may agree to proceed to arbitration, or any party may seek judicial review. 6.4 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its participation in CVPA, as described in Section 6.1. 6.5 Disposition of Property upon Termination of CVPA. Upon termination of this Agreement, any surplus money or assets in possession of CVPA for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 21 93 other agreements or documents, shall be returned to the then -existing Parties in proportion to the contributions made by each and/or the contributions of customers within the then -existing Parties' jurisdictions, as determined by the Board. ARTICLE 7: MISCELLANEOUS PROVISIONS 7.1 Dispute Resolution. The Parties and CVPA shall make reasonable efforts to informally settle all disputes arising out of or in connection with this Agreement. Should such informal efforts to settle a dispute, after reasonable efforts, fail, the dispute shall be mediated in accordance with policies and procedures established by the Board. 7.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of CVPA shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. CVPA shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Sections 995, et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, CVPA, or its Directors, officers, or employees 7.3 Indemnification of Parties. CVPA shall acquire such insurance coverage as is necessary to protect the interests of CVPA, the Parties, and the public. Subject to the provisions of Section 7.4 and provided that a Party has acted in good faith and in accordance with this Agreement, CVPA shall defend with counsel acceptable to said Party, indemnify and hold such Party free and harmless from any loss, liability or damage incurred or suffered by such Party by reason of litigation arising from or as a result of the conduct, activities, operations, acts, or omissions of CVPA under this Agreement. To the extent CVPA's assets are insufficient to satisfy its obligations under this Section, any Member agency forced to expend its own funds to satisfy what would otherwise be CVPA's obligations shall be entitled to reimbursement from CVPA. 7.4 Limitations on Liability. The Parties acknowledge that Section 895.2 of the California Government Code provides that a Member is jointly and severally liable for the torts of the joint powers agency, but that Sections 895.4 and 895.6 of that Code allow the members of a joint powers agency to contractually agree to indemnity and contribution provisions that allow such liability to be apportioned among the members based on their respective degree of fault giving rise to the liability. The Parties further acknowledge that they have agreed at Section 7.3 above to indemnify and defend those Member agencies against certain losses, November 15, 2024 liabilities or damages suffered by a Member agency arising? from or as a oachella Valley Power Agency Joint Powers Agreement 22 94 result of the conduct, activities, operations, acts, or omissions of CVPA under this Agreement. Now, therefore, in contemplation of such authority, the Parties agree that, as among themselves, each shall assume that portion of the liability imposed upon CVPA or any of its Members, officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring during the performance of this Agreement that is not covered by insurance, that is determined by CVPA to be that Member's proportionate share accruing during the Member's period of participation in CVPA. Said determination shall be by three - fourths vote of the Board, meaning an affirmative vote of three -fourths of the total number of Directors or a Weighted Vote of 75% of the total Weighted Voting Share of all the Members. The Members acknowledge that, given the possible variables, determination of a proper apportionment may be difficult. Therefore, subject only to informal dispute resolution set out at Section 6.1, the Members agree that the Board's good faith determination of a fair apportionment shall be final, binding and enforceable as a term of this Agreement. Each Member shall to the extent provided herein indemnify and hold harmless the other Members for any loss, costs or expenses that may be imposed on such other Members solely by virtue of Section 895.2. 7.5 Amendment of this Agreement. This Agreement may not be amended except by a written amendment approved by a vote of the Board as provided in Section 3.8.3. CVPA shall provide written notice to all Parties of amendments to this Agreement, at least 30 days prior to the date upon which the Board will first consider approval of such amendments. Exhibits A through E of this Agreement may be revised from time to time by Board vote and copies of such revised exhibits shall be distributed to all Parties. 7.6 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 7.6 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. This Section 7.6 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party's contributions to CVPA, or the disposition of proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of CVPA or the Parties under this Agreement. 7.7 Severability. If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 23 95 paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible. 7.8 Further Assurances. Each Party agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement. 7.9 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages. 7.10 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 48 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of CVPA or Party, as the case may be, or such other person designated in writing by CVPA or Party. Notices given to one Party shall be copied to all other Parties. Notices given to CVPA shall be copied to all Parties. 7.11 No Third -Party Beneficiaries. This Agreement shall reflect the Parties' rights and obligations as by and among themselves. Nothing herein shall create any right in any third party to enforce any right or obligation set out in this Agreement as against any Party hereto. 7.12 Integration. This Agreement constitutes the full and complete Agreement of the Parties. 7.13 Limited Waiver of Sovereign Immunity; Venue. Except as hereinafter provided in this paragraph, nothing in this Agreement shall be deemed to be a waiver of the sovereign immunity by the Augustine Band of Cahuilla Indians, Cabazon Band of Cahuilla Indians, Torres Martinez Desert Cahuilla Indians, and Twenty -Nine Palms Band of Mission Indians (each a "Tribe") from suit, which immunity is expressly asserted; provided, however, that each Tribe agrees to and hereby does unequivocally waive Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 24 0. November 15, 2024 its sovereign immunity for the limited and sole purpose of permitting enforcement of any right or obligation arising under this Agreement, which may include but not be limited to claims or causes of action for declaratory relief, injunctive relief, specific performance, enforcement of indemnity obligations, and/or damages for the breach of the terms and conditions of this Agreement. Each Tribe further acknowledges that the other Parties would not enter into this Agreement if a Tribe could defeat or hinder enforcement against a Tribe of the rights granted to the other Parties and CVPA by claiming sovereign immunity. This limited waiver of sovereign immunity shall apply only to the Parties and CVPA, and shall not operate for the benefit of, nor confer any rights upon, any third parties. The Parties agree that any dispute raised under the provisions of this Agreement shall be resolved pursuant to applicable California law; provided however, that any dispute raised under the provisions of this limited waiver of sovereign immunity shall be resolved first pursuant to applicable federal law, and if no federal law applies, pursuant to the applicable laws of the State of California. The waiver granted herein is limited to claims made in the United States District Court for the Central District of California, or the Superior Court of the State of California, County of Riverside, and any court having appellate jurisdiction. Each signatory to this Agreement on behalf of a Tribe represents and warrants that the Tribe has taken all actions necessary in accordance with its laws to authorize a limited waiver of sovereign immunity, which may include without limitation the adoption of a resolution authorizing the limited waiver described in this section. Further, each Party irrevocably waives any right it might otherwise seek to have any proceeding determined in any tribal court and agrees that assumption of jurisdiction by any federal or state courts shall not be delayed or curtailed by any doctrine requiring exhaustion of tribal court remedies. Coachella Valley Power Agency Joint Powers Agreement 25 97 Exhibit A Definitions 1. "Act" means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) 2. "Administrative Services Agreement" means an agreement or agreements entered into after the Effective Date by CVPA with one or more entities that will perform tasks necessary for planning, implementing, operating and/or administering CVPA, or any other energy programs/projects adopted by CVPA. 3. "Agreement" means this Joint Powers Agreement. 4. "Annual Energy Use" has the meaning given in Section 3.8.1. 5. "Board" means the Board of Directors of CVPA. 6. "CVAG" shall mean the Coachella Valley Association of Governments. 7. "CVPA Document(s)" means document(s) duly adopted by the Board by ordinance, resolution or motion implementing the powers, functions, and activities of CVPA, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies. 8. "Director" means a member of the Board of Directors appointed by and representing a Party. 9. "Effective Date" means Month Day, Year or when initial members of CVPA execute this Agreement, whichever occurs later, as further described in Section 2.1. 10. "Initial Costs" means all costs incurred by CVPA and or any Parties relating to the establishment and initial operation of CVPA, including without limitation the hiring of an Executive Officer and any administrative staff, and any required planning, consulting, accounting, administrative, technical, or legal services in support of CVPAs initial activities or in support of the negotiation, preparation, and approval of one or more administrative services agreements. 11. "Operating Rules and Regulations" means one or more sets of rules, regulations, policies, bylaws and procedures governing the operation of CVPA. 12. "Parties," "Members," or "Member Agencies" means, collectively, the signatories to this Agreement. 13. "Party", "Member" or "Member Agency" means a signatory to this Agreement. 14. "Total Annual Energy Use" has the meaning given in Section 3.8.1. Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 26 Exhibit B List of Proposed Initial Parties Parties: Augustine Band of Cahuilla Indians Cabazon Band of Cahuilla Indians City of Coachella Coachella Valley Water District Torres Martinez Desert Cahuilla Indians City of Indio City of Indian Wells City of La Quinta Twenty -Nine Palms Band of Mission Indians City of Palm Desert County of Riverside City of Rancho Mirage November 15, 2024 Coachella Valley Power Agency Joint Powers Agreement 27 Exhibit C PRO FORMA Annual Energy Use JPA Members Annual Energy (MWh) Annual Energy% Augustine Band Cahuilla Indians 840 0.04% Cabazon Band of Cahuilla Indians 5,300 0.24% City of Coachella 246,096 11.29% Coachella Valley Water District 54,459 2.50% Torres Martinez Desert Indians 400 0.02% City of Indio 776,731 35.64% City of Indian Wells 4,738 0.22% City of La Quinta 593,340 27.23% 29 Palms Band of Mission Indians 8,000 0.37% City of Palm Desert 111,624 5.12% County of Riverside w/i IID 354,589 16.27% City of Rancho Mirage 23,073 1.06% TOTALS 2,179,190 100.00% Estimated energy usage is based on estimated retail electricity sales for calendar year 2022. The energy use by CVWD is based on the most recent contiguous 12 months usage. Indian Tribes' usage is based on estimated respective casino facilities electric use. Riverside County estimated usage is based on aggregating the usage of Indio Hills, Thousand Palms, Bermuda Dunes, Chiriaco Summit, Thermal, Mecca, and North Shore. Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 28 100 Exhibit D PRO FORMA VOTING SHARES CVPA SAMPLE MEMBERSHIP AND VOTE TABLE ALL CVPA MEMBERS AVAILABLE AND PRESENT AT MEETING % Wt. to Headcount: % Wt. to Annual MWh: Summary of Vote Shares Present 0.00% (0 - 100 %) 1 100.00% (Energy Wt. Share: = 1 - Headcount Share) DISPLAY OF CVPA MEMBERS PRESENT AND RESPECTIVE ENERGY AND HEADCOUNT SHARES JPA Members Present at MeetingAnnual Energy (MWh) Energy Present % Headcount % Present Wtd. Energy Present % Wtd. Headcount Present % Total Wtd Vote Present % Augustine Band Cahuilla Indians 840 0.04% 8.33% 0.04% 0.00% 0.04% Cabazon Band of Cahuilla Indians 5,300 0.24% 8.33% 0.24% 0.00% 0.24% City of Coachella 246,096 11.29% 8.33% 11.29% 0.00% 11.29% Coachella Valley Water District 54,459 2.50% 8.33% 2.50% 0.00% 2.50% Torres Martinez Desert Indians 400 0.02% 8.33% 0.02% 0.00% 0.02% City of Indio 776,731 35.64% 8.33% 35.64% 0.00% 35.64% City of Indian Wells 4,738 0.22% 8.33% 0.22% 0.00% 0.22% City of La Quinta 593,340 27.23% 8.33% 27.23% 0.00% 27.23% 29 Palms Band of Mission Indians 8,000 0.37% 8.33% 0.37% 0.00% 0.37% City of Palm Desert 111,624 5.12% 8.33% 5.12% 0.00% 5.12% County of Riverside w/i IID 354,589 1 16.27% 8.33% 16.27% 0.00% 16.27% City of Rancho Mirage 23,073 1 1.06% 8.33% 1.06% 0.00% 1.06% TOTALS 1 2,179,190 1 100.00% 100.00% 1 100.00% 0.00% 100.00% For quorum, > 50% Total Weighted Vote Shares of Members eligible to vote must be present (including Proxies). In all cases a quorum also requires that at least three (3) Members eligible to vote must be physically present (excluding Proxies). Formulas used: 1. PRO RATA VOTE SHARE: [1 / TOTAL NUMBER OF MEMBERS], EXPRESSED AS A PERCENTAGE TO TWO DECIMAL PLACES. SEE SECTION 3.17.1 (A) 2. ANNUAL ENERGY VOTE SHARE: TOTAL ANNUAL ENERGY USE (EXPRESSED IN MWH) IN THE MEMBER'S JURISDICTION / COMBINED TOTAL ANNUAL ENERGY USE ALL MEMBERS' JURISDICTIONS, EXPRESSED AS A PERCENTAGE TO TWO DECIMAL PLACES. SEE SECTION 3.17.1 (B) 3. WEIGHTED VOTE SHARE: BASED ON MEMBERS'ANNUAL ENERGY USAGE IN RESPECTIVE JURISDICTIONS EXPRESSED AS A PERCENTAGE TO DECIMAL PLACES. SEE SECTION 3.17.1 (C) Coachella Valley Power Agency Joint Powers Agreement November 15, 2024 29 101 Signature Pages to follow.... November 15, 2024 Coachella Valley Power Agency Joint Powers Agreement 30 102 BUSINESS SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: December 3, 2024 STAFF REPORT AGENDA TITLE: APPROVE HOST VENUE AGREEMENT WITH WORLD TRIATHLON CORPORATION TO HOST THE IRONMAN 70.3 LA QUINTA TRIATHLON RECOMMENDATION Approve Host Venue Agreement with World Triathlon Corporation to host the IRONMAN 70.3 La Quinta triathlon. EXECUTIVE SUMMARY • World Triathlon Corporation (WTC) organizes IRONMAN Triathlon events nationwide and around the world. • In partnership with Indian Wells, La Quinta has hosted five (5) IRONMAN events, with a sixth event scheduled for December 8, 2024. The agreement with WTC expires January 2025. • The proposed Host Venue Agreement (Agreement), included as Attachment 2, would approve an IRONMAN triathlon for December 2025 and establish La Quinta as the sole event host. FISCAL IMPACT Historically, La Quinta has provided $75,000 host sponsorship per event. The $75,000 host sponsorship for 2025 would be paid using funds budgeted in the Community Experiences Account No. 101-3003-60149. BACKGROUND/ANALYSIS WTC organizes IRONMAN Triathlon events nationwide and around the world. In 2018 La Quinta and Indian Wells were selected as host city candidates and collaborated with surrounding agencies to organize the first IRONMAN event in the Coachella Valley. Continuing the partnership with Indian Wells, subsequent events were held in 2019, 2021, 2022, and 2023. The final event under the current Agreement is scheduled for December 8, 2024. 103 After the 2024 event, Indian Wells has opted to cease involvement with IRONMAN and will not continue a host partnership with La Quinta. WTC is interested in continuing IRONMAN events in La Quinta and is proposing a new Agreement establishing La Quinta as the sole host city. The Agreement references a new race route, detailed in Attachment 1, which will begin at Lake Cahuilla and end at the Silverrock Golf Course and if approved will support an IRONMAN event in December 2025 with an option to extend for two additional years. Silverrock Park and Golf Course would be utilized for the event and golf course operations will only be affected on race day. Benefits of hosting an IRONMAN event include increased tourism revenue, La Quinta brand exposure, and an influx of visitors to the Coachella Valley. Via the Greater Palm Springs Convention and Visitors Bureau the 2023 IRONMAN event brought 6,426 visitors to the region and generated nearly $6 million in total direct spending. Continuing IRONMAN events in La Quinta will attract athletes, supporters, and spectators from around the world, boosting local tourism and generating substantial economic activity for hotels, restaurants, and retail businesses. Additionally, the international visibility of hosting such a prestigious event also enhances the City's reputation as a hub for endurance sports, drawing future events and fostering partnerships with health -focused organizations. AL i ERNATIVES Council may modify or deny the Host Venue Agreement. Prepared by: Michael Calderon, Community Services Management Analyst Approved by: Christina Calderon, Community Services Deputy Director Attachments: 1. IRONMAN Proposal 2. Host Venue Agreement 104 ATTACHMENT 1 • 700 93 LATQU I NTA 2025 - 2027 Event Proposal 105 THE IRON AN. GRGGP The purpose of this document is to provide information relative to the continuation of the IRONMAN 70.3 event. Currently, this event is being Purpose held in cooperation with the City of La Quinta and the City of Indian Wells. It is proposed that the extension of the event agreement is strictly between IRONMAN and the City of La Quinta. Indian Wells has indicated to IRONMAN that they do not wish to continue supporting the event as a host. The information contained on the following pages outlines historical information, as well as the proposed adjustments. IM THE IRON AN GROUP Historical Economic Impact 2019 Data collected from the 2019 event estimates the total impact of the event to be $9.9 million for the Greater Palm Springs region. This data was collected via the Greater Palm Springs Convention and Visitors Bureau. 2021 T No report calculated in 2021 The event was not held in 2020 see next page 2020 2023 and 2024 107 THE IRON AN GROUP Historical Economic Impact 20221ndian Wells - La Quint Economic I mpactSummary isiti ng At hletes 168 isitngSpectators 307 Visiting Organization Employees 8 Total Visitors Total Hotel Room Nights 27 Total Vacation Rental Nights 237 Total "Other" Ni hts 15 Total Nights Booked Total HotelSpend $859,863.0 Total Vacation Rental Spend $957,382.0 Total Spend on "Other" Lodging $3,412.0 Total Lodging Spend $1,820,657.0 otal OrganizationaISpend In Market (excluding hotels) $529 062.0 Daily Expenditures by Overnight Visitors $2,526,338.0 Daily Expenditures by Da Visitors $0.0 Total Daily Expenditures $2,526,338.0 Total Direct Spend $4,876,057.0 Total HotelTaxesCollected $98,922.0 Total Vacati on Rental Taxes Collected $110,141.0 Total Cam in Taxes Collected $444.0 Total Lodging Taxes $209,507.0 Total SalesTaxeson Daily Spending $181,709.0 Total Sate sTax onExpo S end $0.0 Tot at S ales Taxes on D ai ly Sp en d in g $181,709.00 Total Airline Fees Collected $392.0 Total Rental CarTaxes Collected $0.0 Total TravelFees/Taxes $392.0 Total Taxes and Fees Collected $391607.0 (not based on IMPLAN) 2023Indian Wefts - La Quinta Economic Impact Summar isiti ng At hletes 232 isitngSpectators 402 isitin Or anizati�EmpLo&ee, 75 Total Visitors 642 Total Hotel Room Nights 3888 Total Vacation Rental Nights 309 Total "Other" Ni hts 26 006ual Nights BookeA Total HotelSpend $1,328,095.0 Total Vacation Rental Spend $1,197,063.0 Total Spend on "Other" Lodging $15,735.0 Total Lodging Spend $2 540 893.0 otal OrganizationaISpend In -Market (excluding hotels) $532 645.0 Daily Expenditures by Overnight Visitors $2,924,036.0 Dail Ex enditures by Da Visitors $0.0 mom Total Daily Expenditures $2924,036.0 Total Direct Spend $5 997 573.0 Total HotelTaxesCollected $152,790.0 Total Vacation Rental Taxes Collected $137,715.0 Total Cam in Taxes Collected $2046.0 Total Lodging Taxes $29Z550.00 Total SalesTaxeson DailySpending $210,313.0 Total Sale sTaxon Expo Spend $0.0 Total Sales Taxes on Daily Spending $210,313.0 Total Airline Fees Collected $338.0 Total Rental CarTaxes Collected $0.0 Tot at Travel Fees/Taxes $338.0 Total Taxes and Fees Collected 503 201.0 (not based on IMPLAN) 108 INONIIIAN 0ROUP Athlete Data by the Year 2018 2020 2022 2024 2349 none 1720 2979 starters starters registered 2162 1648 finishers finishers 2325 starters 1741 starters 2379 starters 2220 1571 2271 finishers finishers finishers 2019 2021 2023 109 THE • IROMMAN. GRGHP Proposed New Event Logo • 70*3 L IQU I NTA 110 THE IRON AN GROUP Proposed Routes - Swim Course There are no proposed changes to the swim course. We will continue to use Lake Cahuilla. A 7"........ V 111 THE • IRONIIIAN® GROUP Proposed Routes - Bike Course 74WIN • i . tF1L _ e c a� . :� r°C7Ef3m0� af, ..lei+ ONE / _ f r""'E'','�� i .!�• .f/., .,r �%A„_ ...Z�i i �y.: fry,, � — �F '� �", .� � L+¢:\ 4'� ,--�7 ;' �..-.,`�.fL. 1F � ' a I i F � ffR� + � IIt �� •i•� ■� r 1 _ . A -WE MIN, N •' 0 44 f ,'/ - . a . • - t A 0 •- - �;, ales-:.. - _ c ,.,� • � — • - r '� This route will begin at Lake Cahuilla and will traverse the current route with some minor adjustments using an additional out and back leg on Avenue 60, more mileage inside the Thermal Club, and the finish at SilverRock Golf Course. This is the required 56-mile route. Here is the Linkto the current bike route proposal: 112 THE • IRONIIIAN. GROUP Prnnmqpci Routes - Run Cc Nmp VIP, 171 4-7 0 'W gyLAvai IV seurn My . •_'(11 ;; S. H NO 5110=1 MIR— Lavender Bistro +rp. &'��Idpalmer 52 7nd �Jver it a � 'r.dv-1 M-pi.-W r T15M ' ePWR Li ritz Burns of 'k ar Yt� UD1DUF A, -1 4 . . . . . . OZ' SMt-CA10 may, o1T;C1U Tiadmon v 0I. Ok ti sho wer w.er f Park Park3 pt es Staff pings .a ti n Ri Usjd "%D partmf Coll '�mFum'ITTIM Vi summm Jrnnn-qp-cl Sl-1vp-rRnnk Lavc Possible use fofm transition or event set up/expo b6,- Im mm, 9 �, � ThelfcltrustClubat La Quanta Rash 7 h'azoo- 'A I sporiativn Moun.lain View ', GountrVALAUD I 5.14 oil Mi Esella;,; urle 11 FY sxr;CrestWoiDiamanle_ SUN 11 Proposed Agreement and Event Dates Please see the contract for specific host L!ML!j venue details. We would like to maintain the first Sunday of December as the event date for the duration of the new contract. Our request is for a 3-year extension of the current contract, which would cover events for years 2025 — 2027. No direct increases on the current cash contribution is requested in the extension agreement. 115 THE IRON AN 0ROUP ATTACHMENT 2 IROMMAN 70.ILA-TQUINTA HOST VENUE AGREEMENT IRONMAN® 70.3® La Quinta (2025-2027) This Host Venue Agreement (this "Agreement") is made as of . 2024 (the "Effective Date") by and between WORLD TRIATHLON CORPORATION, a Florida corporation ("WTC") and the host party indicated below ("Host"). WTC and Host are sometimes referred to herein individually as "Party" and collectively as "Parties." Y OF LA QUINTA 495 Calle Tampico F19 Quinta, California 92253 [Attention: Jon McMillen, City Manager ail: jmcmillen@laquintaca.gov h copy to: CityClerkMail@laquintaca.gov Location(s): CITY OF LA QUINTA, CALIFORNIA (the "Venue") During the Term (defined below) of this Agreement, in each Race Year (defined below), as applicable, WTC shall be responsible for operating, in and around the Venue, an IRONMAN® 70.30-branded endurance triathlon (comprising, subject to cancellation of any part thereof Race(s)/Event: due to weather conditions or other reasons, a 1.2-mile swim, 56-mile bicycle ride, and 13.1- mile run) (the "Race") and performing certain administrative, operational, and sales and marketing functions related thereto (collectively, and together with the Race and any additional races added under Item 13-1(d1 an "Event"). The official name of the Event will be IRONMAN® 70.30 LA QUINTA. Subject to the Official Name of limitations in this Agreement, WTC may elect to add the name of a "title" sponsor and/or Event: "presenting" sponsor to the official name of the Event (e.g., "[Title Sponsor] IRONMAN® 70.30 LA QUINTA, presented b[Presenting Sponsor]"). The Race each year of the Term (defined below) will occur on the following applicable dates (each, a "Race Date"): Race Date(s) • 2025 Race Date: December 7, 2025 • 2026 Race Date: December 6, 2026 (if applicable under First Extension Term) • 2027 Race Date: December 5, 2027 (if applicable under Second Extension Term) • Initial Term. This Agreement is effective beginning on the Effective Date, and, unless this Agreement is sooner terminated in accordance with the terms herein, this Agreement will continue in effect until the date that is sixty (60) days after the 2025 Race Date (the "Term" or, if applicable, the "Initial Term"). • Extension Term. Unless this Agreement is not extended for the Extension Term pursuant to the process set forth in the paragraph below or is otherwise earlier terminated, this Agreement may be extended for two 1-year terms (each 1-year period, an "Extension Term"),with the "First Extension Term" commencing on the day after the expiration of Initial Term and ending sixty (60) days after the 2026 Race Date, and the "Second Extension Term" commencing on the day after the expiration of First Term of Extension Term and ending sixty (60) days after the 2027 Race Date. The Initial Term Agreement: and, if applicable, each Extension Term shall be defined and referred to as the "Term" of this Agreement. • Process for Extension Term. For this Agreement to remain effective after the Initial Term, WTC shall deliver to the Host the economic impact study pursuant to Exhibit B, Section B-3(e) and the Host shall deliver to WTC in writing confirmation that the Host consents to the Extension Terms based on the results of said economic impact study, which written consent to be delivered to WTC no later than May 1, 2025. During the six (6) months prior to May 1, 2025, WTC shall be available to present the economic impact study and answer questions for the La Quinta City Council at a duly noticed public meeting of the City Council. Also during the six (6) months prior to May 1, 2025, WTC and Host may negotiate in good faith for the First Extension Term such that an Event ConfidentiuI Agreement 116 1 HOST VENUE AGREEMENT- Page 2 of 24 will take place in 2026, and if applicable, during the six (6) months prior to May 1, 2026, WTC and Host shall negotiate in good faith for an extension of the Second Extension Term such that an Event will take place in 2027. Such agreed upon Extension Term shall be set forth in a writing signed by both Parties. During any such Extension Term(s) (if any), the Annual Payment will be as set forth in Exhibit A, and all other terms of this Agreement shall apply mutatis mutandis to the Extension Terms . Annual Payment: With respect to each Event, Host shall, under the terms of Exhibit A. pay WTC the amounts "Annual stated in Exhibit A (each, an Payment"). Host Suppo Host shall timely provide to WTC (or, as the case may be, shall timely provide for WTC's Services: benefit), the services, equipment, value in -kind, personnel, and other items set forth in Exhibit C (collectively, the "Host Support Services") for each Event. Sponsorship & Host shall not grant or sell sponsorships, official designations, Expo space, or any other rights Expo Vendor at or in connection with the Event to any third parties. With respect to each Event, Host shall Referrals; Revenue have the right to refer to WTC reputable third -party Event -specific sponsors and Expo Share; vendors (collectively, "Host -Referred Third -Party Sponsorships"), subject to the terms of Exhibit A-1. WTC shall provide Host with a major sponsorship benefits package (for use solely by Host) Sponsorship to include Expo booth space, the right to include signage (advertising only Host) at certain Benefits: locations along the Race course, placement of the Host name and logo on all public Event - related printed, digital, and on-line/internet/website material produced by WTC, and placement of the Host name and logo and banner advertisements on the Event Website. Should the Event include VIP/Hospitality packages, WTC shall provide Host with a hospitality package (for use solely by Host) to include twenty (20) complimentary sponsor Hospitality hospitality passes for the Event for use by Host's employees and representatives, which Package: passes grant access to certain selective benefits at the Event (not all Events may offer a full suite of hospitality benefits). WTC reserves the right to deny the use by any specific individuals of any hospitality asses. In connection with each Event that takes place during the Term, WTC shall donate, or cause to be donated, a minimum of USD $15,000 to one or more local Coachella Valley, CA not -for - profit organizations (the "Annual Donation"). Notwithstanding the foregoing, the Parties acknowledge that if WTC obtains permission from the Foundation (defined below) then WTC shall have the option to have all or part of the Annual Donation be made instead by Annual Donations: The Ironman Foundation Inc., a Florida not -for -profit corporation (the "Foundation"). The Parties further acknowledge that if the Foundation so elects to make the Annual Donation then all terms and conditions (e.g., distribution allocation, recipients, etc.) of the Annual Donations, other than the continuing requirement to donate to local Coachella Valley, CA not -for -profit organizations, shall be determined by the Foundation (and in the sole and absolute discretion of the Foundation's Board of Directors). The Parties further acknowledge that the Foundation is not owned or controlled by WTC. Additional Terms The following exhibits, attached hereto, contain additional terms of this Agreement: Exhibit D (regarding intellectual property rights); and Exhibit E (general terms). [signature page follows] Con/idenlial Agreement 117 HOST VENUE AGREEMENT- Page 3 of 24 The Parties have executed and delivered this Agreement as of the Effective Date. WTC: HOST: WORLD TRIATHLON CORPORATION CITY OF LA QUINTA By: By: Name: SHANE FACTEAU Name: Jon McMillen Title: COO Title: CITY MANAGER ATTEST By: Name: Monika Radeva Title: CITY CLERK APPROVED AS TO FORM: BY: Name: William H. Ihrke Title: CITY ATTORNEY 118 HOST VENUE AGREEMENT- Page 4 of 24 EXHIBIT A Annual Payments: Wire Transfer Instructions Regarding the Event Annual Payment to be paid Annual Payment for Race Year by Host to WTC Due Date 2025 $75,000.00 September 30, 2025 2026* $75,000.00 September 30, 2026 2027** $75,000.00 September 30, 2027 *Subject to the First Extension Term **Subject to the Second Extension Term Time is of the essence with respect to each such payment. All payments to WTC that are required or contemplated under this Agreement must be made in immediately available U.S. dollars via the following wire transfer instructions: Bank Name: Bank of America, NY NY Routing Number: 026009593 Account Name: World Triathlon Corporation Account Number: 898052297785 SWIFT Code: BOFAUS3N Host's billing contact information: • Contact Name: Christina Calderon • Email address: ccalderon@laquintaca.gov • Telephone number: 760-777-7183 WTC will not change payment instructions and/or banking details by e-mail communication. If Host receives an e-mail from WTC requesting that Host wire or otherwise transfer funds, Host must confirm the request and any corresponding instruction(s) by telephone with WTC before Host initiates any transfer. Please confirm the request by calling WTC's Accounts Receivable Department at (813) 327- 5613. WTC will not be responsible for any funds wired to an incorrect account. 119 HOST VENUE AGREEMENT- Page 5 of 24 M EXHIBIT A-1 Sponsorship & Expo Vendor Referrals: Revenue Share A-1. Sponsorship & Expo Vendor Referrals. In connection with any Host -Referred Third -Party Sponsorships: a. Host shall focus on referring sponsors/Expo vendors in non -endemic categories from local, statewide, and regional companies and organizations; b. Host shall not refer sponsors/Expo vendors to WTC if such sponsors/Expo vendors sell products and/or services that fall within any of the categories set forth in Exhibit A-2 (collectively, the "Restricted Sponsorship Categories"). If Host refers a sponsor/Expo vendor that falls within any of the Restricted Sponsorship Categories then Host shall not receive the Host Revenue Share (as defined below) with respect to such sponsor/Expo vendor. Due to occasional changes to the Restricted Sponsorship Categories, WTC reserves the right to update the Restricted Sponsorship Categories, at any time and from time to time. Upon Host's request, WTC shall provide to Host the then -applicable list of Restricted Sponsorship Categories; c. Host shall not communicate any Event sponsorship or Expo vendor opportunity to any potential sponsor or vendor unless such specific sponsor/Expo vendor has been pre -approved in writing by WTC; d. WTC reserves the right, in WTC's sole and absolute discretion, to reject any proposed sponsorship, sponsor, or Expo vendor including, without limitation, those referred by Host; and e. Host shall use reasonable efforts to prevent third parties from purporting to be a sponsor or Expo vendor of the Event unless such party is a party to a Sponsorship and/or Expo Vendor Agreement (as defined below). Host does not have the authority to legally bind WTC, and Host shall not represent to any third party that Host has such authority. Any Host -Referred Third -Party Sponsorships will be valid only if in a written agreement signed by both WTC and the sponsor/Expo vendor party (a "Sponsorship and/or Expo Vendor Agreement"). A-2. Host Revenue Share. If, during the period between the Effective Date and the final Event, WTC enters into a Sponsorship and/or Expo Vendor Agreement (specifically with respect to any Event) with a third -party sponsor or Expo vendor for a Host -Referred Third -Party Sponsorship where such sponsor or Expo vendor was referred to WTC by Host and was pre -approved by WTC in accordance with this Agreement, WTC shall pay to Host an amount equal to twenty percent (20%) of the Net Proceeds (as defined below) (such amount referred to as the "Host Revenue Share"). a. "Net Proceeds" means, net of applicable taxes, ninety percent (90%) of the total cash actually received and retained by WTC from the applicable Host -Referred Third -Party Sponsorship (it being acknowledged by the Parties that such reduction by ten percent (10%) is for purposes of covering WTC's expected costs to activate and implement the benefits for such Host -Referred Third -Party Sponsorship. b. Based Only on Cash Proceeds. For the avoidance of doubt: Net Proceeds (1) will be based only on such cash proceeds to WTC from sponsorship sales and Expo fees from the Host -Referred Third - Party Sponsorship that are specific to the Event and (2) will not include the value of any in -kind contributions or budget -relieving or other services provided by the sponsor or any other party, except as may be approved in writing by WTC. c. Origination. Host will be deemed to have referred an Event -specific sponsor or Expo vendor to WTC if, in good faith, Host provides such sponsor/Expo vendor's name and contact information to WTC in writing, and, prior to such notice to WTC by Host, WTC is neither doing business nor has any contract with such sponsor/Expo vendor (or any of its subsidiaries or affiliates), nor communicated, during Con/idenlial ;lgreeoien! 120 1 HOST VENUE AGREEMENT- Page 6 of 24 the then prior 36-month period, with such sponsor/Expo vendor (or any of its subsidiaries or affiliates) regarding the possibility of doing business or entering into any contract with WTC (or any of its subsidiaries or affiliates). d. Other Events. For the avoidance of doubt: Host has no right to receive the Host Revenue Share (or any other commission or fee) in connection with any event(s) (other than the Event), regardless of whether Host referred to WTC a third -party sponsor/Expo vendor for such other event(s). 121 HOST VENUE AGREEMENT- Page 7 of 24 M EXHIBIT A-2 Restricted Sponsorship Categories • Airlines • Alcohol malt beverages and non -alcohol malt beverages • Automobiles, electric vehicles, electric buses, and electric scooters • Bike wear (including technical bike apparel, helmets, and footwear) • Bikes, bike components, bike trainers, bike parts (including pedals), bike devices (including computers, GPS devices, power meters, and any other connected devices) • Charities • Coaching education/certification • Compression Wear • Digital virtual multisport software/platforms, including training apps and plans, including swimming, cycling and/or running. • Event registration or transaction processing software/services • Eyewear and related accessories • Financial Servies, Wealth Management, Cryptocurrency & Life Insurance • Hand/wrist devices including watches, global positioning devices (GPS) and any other connected devices • Heart Rate Monitors • Nutrition supplements • Online Fundraising Platform • Photography Services • Recovery Devices and Wearables including ice -based products, vibration & percussive massage, heat/cold/thermal wearables, contrast therapy, compression (e.g., pneumatic boots), vibration rollers/balls/sticks, handheld meditation, TENS & stim devices • Running Wear (including -footwear and apparel) • Swim Wear (including wetsuits, swim caps, and swim goggles) • Timing Services • Travel Booking Services, Tour Operator Services, Athlete Premium Experiences, and Training Camps (whether multi -sport or single discipline) • Treadmills 122 HOST VENUE AGREEMENT- Page 8 of 24 M EXHIBIT B Event Specifics B-1. General. a. Authorization: Ownership. Host authorizes WTC to prepare and conduct an Event in and around the Venue during each year of the Term (each, a "Race Year"). WTC is and will be the owner of each Event and nothing herein constitutes a license by WTC to Host or to any third party to establish or operate any Event or Race. b. Name. When referring to any Event, Host shall (and shall use reasonable efforts to cause relevant third parties to) at all times use such official name of the Event (including mention of the official title sponsor, if any, and the official presenting sponsor, if any). c. Event Changes. WTC may in its reasonable discretion, in order to improve any Event, institute changes in the implementation or structure of such Event; provided, however, that no material change may be made to any previously confirmed location or venue(s) without the prior written consent of both Parties. d. Additional Races. WTC shall have the option to conduct, as part of any or all Events, a WTC- owned 5K Fun Run and/or a 5150TM, IRONKIDS® and/or IRON GIRL® triathlon, duathlon, or run contemporaneously (e.g., during the same weekend) with the Race. WTC may create additional, race -specific logos for any such additional races conducted, and such logos will be subject to the same restrictions applicable to the Event Logo (as defined in Exhibit D) under this Agreement. e. World Championship Entries. With respect to certain eligible top finishers of the Race, WTC will award non -transferable qualifying slots for entry in the applicable IRONMAN 70.3 World Championship ("Championship Slots"). The number of Championship Slots applicable to each Race will be determined by WTC in its sole discretion, and may change each year. B-2. Certain Obligations of Host. a. Host Support Services. Unless otherwise expressly agreed to in this Agreement, Host shall provide the Host Support Services at Host's own cost. Host Support Services may be modified from time to time by WTC in its reasonable discretion and with Host's approval not to be unreasonably withheld, provided that no such change (i) results in any material additional cost or expense to Host or (ii) requires Host to do anything Host is not authorized, or does not have legal jurisdiction, to do or cause to be done. b. Compliance with Law. In connection with each Event, Host's performance of its obligations under this Agreement shall comply with all applicable laws, rules, and regulations. c. Operational Aspects. In order to facilitate proper and timely planning, implementing, and conducting of each Event by WTC, Host shall, and shall cause each of its representatives, agents, and contractors to, follow instructions, solely regarding Event -related operational or technical issues, from WTC or any third party designated by WTC to the extent such WTC instructions are not inconsistent with any applicable law for Host. Nothing in this Agreement does or may be deemed to limit any of the police power, regulatory authority, or governmental oversight of either Host with respect to its jurisdiction. d. Intellectual Property of WTC. Except with respect to the Event Logo (the use of which by Host being subject to Exhibit D), Host shall not, without WTC's prior written consent, use any intellectual property rights of WTC, including without limitation the Ironman®, 70.30, Iron Girl®, IRONKIDS®, Velothon®, Cape Epic®, 51500, and Rock 'n' Roll® marks and names, the "M-Dot" logo, and the "K-Dot" logo. Host shall promptly inform WTC of any possible misuse or Con/idenlia[;1w eemenl 123 HOST VENUE AGREEMENT- Page 9 of 24 M infringement by any person or entity of the Event Logo or any other intellectual property of WTC. e. Information Updates. Host shall, upon request from WTC, promptly inform WTC as to the status of the performance of Host's obligations hereunder, including without limitation regarding the Host Support Services. f. Representations. Host covenants that each of the representations and warranties made by Host in Item E-2 will be true and complete at all times during the Term. g. Unauthorized Drones. During the Event, Host shall make commercially reasonable efforts to prohibit the use of drones in and around the Race course by third parties that have not been approved by WTC. B-3. Certain Obligations of WTC. Subject to the terms of this Agreement, and with respect to each Event: a. Operations. Equipment. and Personnel. Except to the extent required to be provided or obtained by Host as part of the Host Support Services, or as may be otherwise required under this Agreement, WTC shall provide for (or cause to be provided) all Race -related equipment, supplies, personnel (including volunteers and a local Race Director), training of personnel (including volunteers), Race manuals/programs, Race course route determination and design, Race course set-up and tear -down, online and on -site athlete registration and check -in, welcome functions, award ceremonies, procurement of facilities, facility decoration, and all other technical and operational aspects of the Race. WTC may require that each Event use Race timing, registration, photography, or other services provided by WTC or any of its affiliates, designees, or service providers. b. Expo. WTC shall provide for a multi -day vendor exposition at each Event (the "Expo"), which Expo may be referred to as the "IRONMAN Village" or other name chosen by WTC. At the Expo, WTC (or its designee) may sell official IRONMAN®-branded (or any other) merchandise and services, and, to the extent approved in writing by WTC, Event sponsors and other Expo vendors may sell or otherwise distribute other merchandise and services. Except as may otherwise be required by applicable law, Host shall not charge or assess any fee, tax, surcharge, or other cost to or on any vendor, contractor, or any other party in connection with the Expo, or any athlete entry fees, sponsorships, or any other aspect of the Event. c. Website: Media: Broadcasts. WTC shall provide and maintain the official website that markets the Event (the "Event Website"), including a live global streaming webcast of the Race. WTC shall retain the rights to all imagery and audiovisual works in connection with each Event, including but not limited to, television broadcast or cablecast (live or tape -delay), radio broadcast, Internet broadcast (audio or video), videotaping, filming, and photography, all of which, as between WTC and Host, is the sole property of WTC and will not be reproduced, remarketed, or otherwise distributed or publicly displayed by Host without the written permission of WTC. WTC may, in its sole discretion, grant or license any or all of these rights to third parties. d. Liability Waivers by Athletes. WTC shall require every athlete registering (whether by online registration, on -site registration, or any other method of registration) for the Event to sign (or, if as part of online registration, to agree to electronically) a waiver document that states an assumption of risk by the athlete and waives, releases, and indemnifies each of WTC and Host (among others) from and against liability from any and all claims relating to any Event. e. Economic Impact Study. Following the 2024 Event (as identified in the prior agreement between WTC and Host), WTC shall have prepared and submitted to the Host an economic impact study of the 2024 Event. WTC shall submit the economic impact study to the Host to allow sufficient time for said economic study to be reviewed by Host Staff and the La Quinta City Council at a duly noticed public meeting prior to May 1, 2025. WTC shall be responsible for covering the reasonable cost of the economic impact study. The economic impact study shall include at a Con/identiu[;Igieemen! 124 HOST VENUE AGREEMENT- Page 10 of 24 M minimum the following: (1) total direct spending impact of WTC for the 2024 Event, (2) total state and local tax revenue generated from the 2024 Event, (3) total economic impact of the 2024 Event, and any other information that WTC and Host mutually agree upon to be included in the scope of an economic impact study. WTC and Host will work together to arrange for the economic impact study be conducted, with Host assisting WTC as needed in collecting specific information requested by Host. WTC shall not be liable for any failure to collect requested information if Host does not provide reasonable assistance as requested by WTC. Public Agency Advertising as a Sponsor. The Host is contributing not only facilities and resources but significant amount(s) in the form of the Annual Payment(s) in consideration of its hosting and sponsorship of each Event under this Agreement. As such, WTC shall not accept or permit any other public agency (including but not limited to any California municipal corporation), other than Host, to advertise as a title sponsor, presenting sponsor, or other sponsor that would, based on a reasonable person standard, obfuscate, muddle, or limit the prominence of the name of the Host (City of La Quinta) and/or the official name of each Event (IRONMAN® 70.38 LA QUINTA), without the prior written consent of Host, which may be granted or denied in the Host's sole discretion. For example, and not by way of limitation, it is the intent and understanding of the Parties that no Event may be advertised in a manner similar to or the same as the following examples: "IRONMAN® 70.38 LA QUINTA, sponsored by the City of " or "IRONMAN® 70.38 LA QUINTA, presented by the City of ", unless either the Host is the sponsoring or presenting advertising public agency or the Host consents (in its sole discretion) to allow another city to advertise in a manner similar to or the same as noted in the aforementioned examples. g. Compliance with Law. In connection with each Event, WTC's performance of its obligations under this Agreement shall comply with all applicable laws, rules, and regulations. B-4. Official Announcements: Promotions by Host. a. Host Website. Host, on its website, shall prominently advertise the Event and the fact that Host is hosting the Event, and at all times during the Term shall display a link, on its website, to the Event Website. b. Announcements. Host shall not make any public announcements of a marketing or promotional nature (whether in writing, orally, via the Internet, or otherwise) of any Event without the prior written consent of WTC in each instance (which consent will not be unreasonably withheld), except that no such consent will be required to the extent such announcements are required of Host as part of the Host Support Services (or otherwise required of Host under the terms of this Agreement), or that: i. are entirely administrative in nature, such as announcements informing the public regarding operational logistics or public safety matters (e.g., road closures, Event dates, Venue access); ii. include only information in the public domain; and iii. are not for purposes of marketing or promotion. c. Other Matters. Host shall not use the Event, any marketing opportunity related thereto or arising out of the Event, or the like, for any purpose other than to promote the Venue in a positive and universally appealing manner. To the extent Host is not prohibited by law from doing so, Host shall not permit any political statements, political campaign propaganda, or the like to be made (or made available) at the Event, or otherwise to be associated (or purported to be associated), whether directly or indirectly, with the Event or the marketing thereof, it being recognized that Host has the authority to appropriate and provide public funds from its jurisdiction to the Event pursuant to this Agreement. 125 1 HOST VENUE AGREEMENT- Page 11 of 24 EXHIBIT C Host Support Services With respect to each Event, and at no cost to WTC. Host shall, as the case may be, do, obtain, or provide (or cause to be done, obtained, or provided) the following: C-1. Approvals & Permits. Host shall use best efforts to ensure that WTC timely receives all governmental, regulatory, and third -party approvals, permits, access rights, business licenses, consents, ordinance exemptions, commitments, and licenses necessary or useful in connection with performance by Host or WTC of this Agreement, including without limitation the conducting of the Event, the Race, and the Expo, closures of roadways, use of amplified sound and music by WTC in connection with the Event, and Host's provision of the Host Support Services (collectively, the "Approvals & Permits"). Host shall ensure that, 90 days prior to the Event, all Approvals & Permits with respect to the Event are obtained, and that all Approvals & Permits will remain in effect for and during the Event; in each case at no cost to WTC (e.g., no charges for site fees, access fees, rental fees, closure fees, licensee fees, application fees, environmental impact fees, permit fees, etc.). C-2. Lead Agency. Host shall serve as the "lead agency" to support those certain operational activities of the Event, including but not limited to facility and venue use, permitting, police and emergency services, parking/shuttle, communications, local accommodations, travel, volunteer recruitment, media, and public awareness. C-3. Complimentary Access to SilverRock Golf Course. For purposes of conducting each Event, Host shall provide to WTC (or cause to be provided to WTC) sufficient but non-exclusive access to the SilverRock Golf Course for the five (5) day period prior to a Race Date and for the two (2) day period following that Race Date (the "Staging Period"), it being expressly understood by WTC that the SilverRock Golf Course shall remain open for use by the public as a golf course and for other regular operations except on a Race Date. On each Race Date, Host shall provide WTC with exclusive access to certain portions of the SilverRock Golf Course, including without limitation, for the Expo, transition 2, run course, and finish line. Except when the SilverRock Golf Course is reserved for exclusive use by WTC on a Race Date, WTC shall not obstruct or allow for the obstruction of regular golf play on the SilverRock Golf Course or other regular operations at the SilverRock Golf Course, and WTC shall use commercially reasonable efforts to minimize interference with the public's ability to access and use the SilverRock Golf Course during each Staging Period. C-4. Complimentary Access to Lake Cahuilla Recreational Area. For purposes of conducting each Event, Host shall provide to WTC (or cause to be provided to WTC) sufficient access to the Lake Cahuilla Recreational Area for the five (5) day period prior to the Race and for the two (2) day period following each Race. Host shall provide WTC with exclusive access to certain portions of the Lake Cahuilla Recreational Area, including without limitation, for the swim portion of each Race (i.e., a safe swim course with no boat or PWC traffic from 5:00 am to 9:30 am on the day of each Race). Host shall ensure that there is adequate and safe ingress/egress for the swim portion of the Event (including, without limitation, suitable entrance and exit points for barefoot swimming). Host will provide WTC with a clean water test report the day before each Event is to be held. C-5. Race Course Exclusivity: Course Conditions. Except with respect to any areas beyond its power or control, Host shall ensure that all public roads (excluding reasonable, controlled, and safe access for private homes and/or business), public waterways, and all other public spaces to be used for the Races are closed to the public during the Races (and for a reasonable period before and after each Race) and are made exclusively available to WTC during such periods (excluding reasonable, controlled, and safe access for private homes and businesses). WTC shall, at least ninety (90) days prior to each Event, provide written notice to Host of the Race routes within Venue limits (or portions thereof) that are not in good condition and, except with respect to any routes beyond its power or control, Host shall ensure that any such Race routes are properly repaired or maintained prior to any such Event. Con/idcnlial ;lgreemen[ 126 HOST VENUE AGREEMENT- Page 12 of 24 M EXHIBIT D Intellectual Property Rights D-1. Grant of Limited Rights. Subject to the terms of this Agreement, WTC hereby grants to Host the limited, non -assignable, non-sublicensable, non-exclusive license to use, during the Term, the Event Logo (as defined in Exhibit D-1) in all reasonable forms of advertising and marketing, but only to the extent related to promotion of the Events, and subject in each instance to WTC's prior written approval, which will not be unreasonably withheld. All uses of the Event Logo by Host must comply with the Trademark Standards & Usage Guidelines set forth in Exhibit D-1. D-2. No Use on Products. Host shall not use, and shall not authorize, license, or permit any third party to use, the Event Logo on or in connection with any products, merchandise, souvenirs, or other goods or services, in each instance unless pre -approved by WTC in writing. D-3. Ownership: Goodwill. Host acknowledges that WTC is the owner of the Event Logo and Host shall not register, or apply to register, the Event Logo, any service mark, trademark, or domain name that is similar in any manner to, or that incorporates, the Event Logo, any of WTC's other trademarks or other intellectual property, or any mark with the word "IRON," or any equivalent term or phrase in any language. All goodwill and rights accruing or arising under the Event Logo, or in any copyrights or other intellectual property of WTC used in connection with this Agreement or any Event, enures solely to the benefit of WTC. D-4. Host's Use of Event Logo and Event -Related Photographv. In accordance with the terms and conditions of this Agreement, WTC shall provide the following Event -specific license and usage rights to Host: a. Subject to the terms of this Exhibit D. Host shall have the right to use the Event Logo in all reasonable forms including but not limited to advertising, marketing, and promotional materials in relation to the Event, each Race, and the Venue; and b. During the Term, Host shall have a limited, non-exclusive license (the "Photo License") to: i. use any of the WTC-owned photographs, subject to any third -party intellectual property rights therein, of the Event as may be provided to Host by WTC (the "WTC Photos"), provided that: 1. Such use is solely for purposes of advertising Host's sponsorship of the Events; 2. Such use complies fully with all guidelines of WTC's Media and Television departments, including, without limitation, inclusion of proper copyright and attribution notices; 3. In no event may Host use the WTC Photos on any merchandise, products, or services; 4. The WTC Photos are, and shall remain, the property of WTC. Any and all rights in, to, or under the WTC Photos shall inure solely to the benefit of WTC; 5. Host shall not transfer or assign the Photo License or sub -license any of the WTC Photos; and 6. The Photo License expires immediately upon expiration or earlier termination of this Agreement. ii. capture and use photographs of the Event, subject to any third -party intellectual property rights therein (the "Host Photos"), provided that: 1. Such use is solely for purposes of advertising Host's sponsorship of the Events; 2. Such use complies fully with all guidelines of WTC's Media and Television departments, including, without limitation, inclusion of proper copyright and attribution notices; Con/idenlial ;1gr eemen! 127 HOST VENUE AGREEMENT- Page 13 of 24 M 3. In no event may Host use the Host Photos on any merchandise, products, or services; 4. The Host Photos are, and shall remain, the property of WTC. Any and all rights in, to, or under the Host Photos shall inure solely to the benefit of WTC; S. Host shall not transfer or assign the Photo License or sub -license any of the Host Photos; and 6. The Photo License expires immediately upon expiration or earlier termination of this Agreement. 128 HOST VENUE AGREEMENT- Page 14 of 24 EXHIBIT D-1 Trademark Standards & Usage Guidelines: Event - Specific Logo Sample Event Logo Each Event will feature one or more IRONMAN 70.30 -branded logos customized by WTC for such Event (each, an "Event Logo"). WTC will design, create, and provide each Event Logo. The following is an example of an event logo from a 'ROMMAK di fferen t event: a gqr cr prq 70.�..- WTC may elect to, from time to time, modify the Event Logo by adding the name of a "title" sponsor or "presenting" sponsor to such logo. General The Event Logo must be used consistently and not altered. Modifications, variations, and incorrect uses of any Event Logo dilute the IRONMAN@ brand and create consumer confusion, and are therefore not permitted. You play a vital role in protecting the integrity of WTC's intellectual property, such as the Event Logo. Please familiarize yourself with the following TRADEMARK STANDARDS & USAGE GUIDELINES, which you are required to follow when using any Event Logo in connection with any Event. Pre -Approval Requirement Without exception, all proposed uses of the Event Logo must be submitted to WTC for review PRIOR TO USAGE. All approval requests for use of any Event Logo must be submitted, along with a high resolution PDF image of the proposed use, to approvals@ironman.com for review by WTC. Please allow at least ten (10) business days for all approval requests to be answered. Any proposed use or item submitted that is not approved by WTC in writing within fifteen (15) days shall be deemed disapproved. Trademark Ownership & Required Notice Each Event Logo is, and shall remain, the property of WTC. Any and all rights to, in, and under the Event Logo, or any copyright or other intellectual property of WTC, shall inure solely to the benefit of WTC. Notice must be given to the public that World Triathlon Corporation claims ownership of the Event Logo. Therefore, the following legal notice must clearly appear, in no smaller than 6-point size typeface, on all of your printed materials, products, websites, and all other items on which any Event Logo is used: IRONMAN@ and 70.38 are registered trademarks of World Triathlon Corporation. Used herein by permission. Other Requirements Each use by Host of the Event Logo must: • Be solely and directly related to performing Host's obligations, or exercising its rights, under this Agreement; • Not be on any merchandise or services for sale or distribution (except to the extent expressly and specifically authorized by this Agreement or separate written agreement with WTC); • Not constitute or involve transfer or assignment of the License or sub -license of any Event Logo; and • Not have anything embedded in, added to, or superimposed on the Event Logo, or have any colors or color scheme different than that approved by WTC. General Do not use "iron" (or any foreign translation thereof) as a prefix for, or component of, any words - whether displayed as one word (e.g., "ironwoman", "ironfamily", or "ironmate"), as two separate words (e.g., "iron woman", "iron family", or "iron mate"), or as a hyphenated word (e.g., "iron -woman", "iron -family", or "iron -mate"). (Exceptions include IRONMAN@, IRONKIDS@, and IRON GIRL@, all of which are trademarks owned by WTC.) Please adhere to the following regarding use of the terms "IRONMAN@" and "IRONMAN@ 70.30": • IRONMANOI) must be a single word, never hyphenated, and never capitalized as "IronMan". • IRONMANO and 70.30 must be two (2) separate words separated by no more and no less than one (1) Confidential Agreement 129 HOST VENUE AGREEMENT- Page 15 of 24 M character space. • IRONMAN® is a brand name - an identifier of a specific source of goods and services. It is not an indicator of distance. "IRONMAN" must never be used as a standalone term or to denote distance. (e.g., never as "Ironman distance" or "Iron distance"). • IRONMAN® 70.30 is a brand name - an identifier of a specific source of goods and services. It is not an indicator of distance. "IRONMAN" must never be used as a standalone term or to denote distance. (e.g., never as "half ironman", "half ironman distance", or "half iron distance"). • 70.30 is a brand name - an identifier of a specific source of goods and services. It is not an indicator of distance. "70.3" must never be used as a standalone term to denote distance. (e.g., never as "70.3 miles") • IRONMAN® should never be abbreviated as "IM." • IRONMAN® 70.30 should never be abbreviated as "IM70.3." • Stand-alone references to "an IRONMAN" or "a 70.3" are improper. Please add "triathlon" to such phrases (e.g., "an IRONMAN® 70.30 triathlon"). Please adhere to the following regarding use of the terms "IRONKIDS®": • IRONKIDS® must be a single word, never hyphenated, and "IronKids" is always capital letter "I" and capital letter "K" when used in title case. • IRONKIDS® is a brand name - an identifier of a specific source of goods and services. It is not an indicator of distance. "IRONKIDS" must never be used as a standalone term or to denote distance. (e.g., never as "IronKids distance"). • IRONKIDS® should never be abbreviated as "IK." Stand-alone references to "an IRONKIDS" are improper. Please add "dip W dash" or "fun run" or other applicable word to such phrase (e.g., "an IRONKIDS® fun run"). Con/idc nlia[ ; I ��reem en! 130 HOST VENUE AGREEMENT- Page 16 of 24 EXHIBIT E General Terms E-1. Financial Matters. a. Annual Payments. With respect to each Event, Host shall pay to WTC the Annual Payment under the terms of Exhibit A. b. Sponsorship & Expo Vendor Referrals: Revenue Share. Host shall comply with the Sponsorship & Expo Vendor Referrals and Revenue Share terms outlined in the table on Page 1. c. Taxes. The Annual Payment(s) set forth in Exhibit A are exclusive of taxes or fees, which are the responsibility of Host. All taxes and fees (including without limitations any foreign taxes and fees (e.g., sales tax, HST, VAT)), if any, that attach to the payment by Host to WTC of the Annual Payment(s) shall be borne by Host and shall be applied in accordance with the then applicable tax laws for each respective state, province, country, or otherwise. Nothing in this Section or Agreement does or shall be interpreted to obligate the Host to pay any taxes required to be paid by WTC under any applicable country, province, federal, state, or local law, including but not limited to taxes, if any, on income received by WTC relating to any Event or otherwise arising under this Agreement. d. Entry Fees: Other Revenues. Except as may be otherwise expressly specified in this Agreement, WTC shall be entitled to receive and retain all Event/Race entry fees, and all other revenues and value in -kind in connection with the Events, including without limitation all revenues from merchandise sales, sponsorships, hospitality passes, VIP passes, exposition booth sales, product licenses, television licenses, and photograph sales. e. Costs. To the extent Host does not timely provide any portion of the Host Support Services (as defined below), then, upon written request from WTC, Host shall, within thirty (30) days after delivery of such notice to Host, reimburse WTC to the extent WTC incurs, or will incur, any costs to obtain or provide any such Host Support Services not provided by Host. Such right of reimbursement does not limit WTC's remedies with respect to Host failing to provide any of the Host Support Services. Nothing in this Section shall limit the Host's right to contest, with substantial evidence in support thereof, WTC's claim that such reimbursement was not or is not a covered Host Support Service. f. Costs of Additional Security Measures. Should local and/or governmental authorities determine that enhanced security measures are necessary and must be implemented surrounding the Event, and should such measures have additional costs associated with them, the Parties will work together to discuss a reasonable and appropriate allocation of expenses to cover such costs. E-2.Representations and Warranties. Each Party represents and warrants that: a. It has the full right and legal authority to enter into and fully perform this Agreement in accordance with the terms and conditions contained herein; b. This Agreement is a legal, valid, and binding obligation of such entity, enforceable against such entity in accordance with its terms; and c. Neither the execution, delivery, nor performance of this Agreement by it violates or will violate or cause a breach of any other agreements or obligations to which it is a party or to which it is bound, and no approval, consent, notice, or other action by or to any third party or any commission, board, or other governmental authority or agency (collectively, "Authorities") is required in connection with the execution, delivery, or performance of this Agreement (except, Con/idenlial Agrecmen[ 131 HOST VENUE AGREEMENT- Page 17 of 24 M with respect to WTC, certain permits, approvals, consents, notices, and other actions by Authorities may be required in connection with performance by WTC of this Agreement). E-3.Business Partner Code of Conduct. In performing its obligations under this Agreement, Host covenants to comply with WTC's Business Partner Code of Conduct ("Partner Code"), as amended by WTC from time to time, available at https://Iegal.ironman.com/Partner-Code. Host acknowledges WTC's right to monitor compliance with the standards and requirements set forth in the Partner Code, and agrees to provide written responses to queries and, to the extent necessary, to grant reasonable access to relevant documentation to the extent required to monitor compliance with the Partner Code. To the extent there is a conflict between the terms of this Agreement and the Partner Code, the terms of the Agreement shall prevail. E-4.Ambush Marketing. a. "Ambush Marketing" means selling (e.g., including, but not limited to, sponsorship, merchandise, vendor space), advertising, or marketing, by any third party that is not a WTC- authorized sponsor, merchandiser, and/or vendor of the Event, where such selling, advertising, or marketing (i) is in connection with, or in proximity to, the Event, or (ii) otherwise has the effect of exploiting the goodwill of the Event and/or gaining market exposure by way of intrusive and/or associative marketing practices. b. Except to the extent Host is prohibited by law from doing so, Host shall not cause, engage in, or permit any Ambush Marketing at, near, or in connection with the Event, and, except to the extent Host is prohibited by law from doing so, Host agrees to: i. promptly report, to WTC and the proper Host authorities, any marketing or activity reasonably appearing to be Ambush Marketing; ii. ensuring, prior to and during the Event, that the Event perimeter and any other key advertising locations under the Host's control do not carry any form of temporary advertising or promotional material relating to the Event, except as may be approved in writing by WTC (in WTC's sole discretion); iii. using, invoking, and applying Host's powers to protect all trademarks and copyrights associated with the Event; iv. preventing the distribution of product samples, premiums, promotional literature and other commercial and non-commercial materials within the established Event perimeter or adjacent to the Event site, except where expressly authorized by WTC; v. causing all signage and other physical items of Ambush Marketing to be taken down, moved, removed, and/or confiscated immediately by Host or, if applicable, law enforcement personnel; and vi. cooperating with WTC to prevent Ambush Marketing, as may reasonably be requested by WTC. E-5.Termination. a. Subject to Item E-5(b) and Item E-5(c): If either Party breaches a material provision of this Agreement, the non -breaching Party may terminate this Agreement upon thirty (30) days' written notice to the other Party (which notice must include a description of such breach) if, during such thirty (30) day period following receipt of such notice, the breaching Party fails to cure such breach. b. Notwithstanding anything to the contrary herein, WTC may immediately terminate this Agreement: Con/idenlial Agreement 132 HOST VENUE AGREEMENT- Page 18 of 24 M at any time if WTC gives written notice to Host that WTC has determined, in its reasonable judgment, that an Event is unlikely to occur or be sufficiently profitable to WTC whether due to: (A) revocation or cancellation of, or failure to timely obtain, any of the Approvals & Permits (as defined in Exhibit C); (B) an insufficient number of paid entries or sponsorships received; or (C) any condition with respect to the Venue that could jeopardize the practicability of conducting the Race as planned, or that could create a safety risk for any Race participants or other Event visitors; ii. if Host files, or in good faith has filed against it, a petition in bankruptcy, or is adjudicated bankrupt or insolvent, or makes an assignment for the benefit of creditors, or an arrangement pursuant to any bankruptcy law; or iii. if Host engages in any Ambush Marketing. c. Notwithstanding anything to the contrary herein, Host may immediately terminate this Agreement: i. at any time if (A) with respect to any Event, WTC fails to comply with any material term or condition of any of the Approvals & Permits (as defined in Exhibit C), (B) Host has provided WTC with prior written notice of such failure, including a complete description of such failure and how such failure can be cured; and (C) with respect to any Event following WTC's receipt of such notice, WTC fails to cure such failure; or ii. if WTC files, or in good faith has filed against it, a petition in bankruptcy, or is adjudicated bankrupt or insolvent, or makes an assignment for the benefit of creditors, or an arrangement pursuant to any bankruptcy law. d. Effects of Termination: Survival. i. Expiration or termination of this Agreement for any reason will not relieve either Party from its obligation to perform under this Agreement to the extent such performance is due prior to the effective time of such termination. ii. If this Agreement is terminated by WTC under the terms of Item E-5(a) such that WTC is not in breach, or Item E-5 (b)(iil or iii all unpaid Annual Payment amounts will be immediately due and payable to WTC. If this Agreement is terminated by Host under the terms of ItemE 5(c)(i) or ii , WTC shall return to Host the Annual Payment for the Event for the year in which the Annual Payment was made. If this Agreement is terminated by WTC under the terms of Item E-5(b)(i). WTC shall return to Host the Annual Payment for the Event for the year in which the Annual Payment was made. iii. Each Party reserves all other rights and remedies hereunder and otherwise permitted by law that have accrued prior to the effective time of such expiration or termination. iv. All rights and obligations under this Agreement that arose or accrued prior to termination or expiration of this Agreement, and that, by their nature, should survive any such termination or expiration, will survive any such termination or expiration, including without limitation the rights and obligations set forth in Item E-1 (Financial Matters). Item E-7(ConfidentialiW. Item E-8 (Exclusivity). Item E-9 (Indemnification), Item E-11 (Assignment: Binding Effect), Item E-12 (Relationship of the Parties). Item E- 13 (jurisdiction and Dispute Resolution), Item E-14 (Rights and Remedies). Item E-15 (Notices). Item E-16 (Enforcement of Agreement). Item E-17 (No Oral or Implied Waivers or Modifications). Item E-18 (Entire Agreement). and Item E-19 (Interpretationj. E-6. Force Majeure. The Parties acknowledge that the goodwill inherent in the IRONMAN 70.30 brand and the Event Logo arises and is maintained, in large part, by each and every IRONMAN 70.30 event worldwide, including the Con/idenlial ;lgrecmen[ 133 HOST VENUE AGREEMENT- Page 19 of 24 M Event, being conducted as scheduled. Notwithstanding anything herein to the contrary, the Parties acknowledge that Host's failure or inability to host and support the Event as scheduled, absent a Force Majeure Event, will cause WTC irreparable harm, and that damages will be an insufficient and wholly inadequate remedy as a result of such breach. In the event either Party is prevented from performing any of its obligations under this Agreement by reason of any event outside of such Party's control, including, without limitation, fire, weather, unsafe conditions, volcano, explosion, flood, landslide, epidemic, acts of nature, war, terrorism, or other hostilities, strike, civil commotion, domestic or foreign governmental acts, orders, or regulations ("Force Majeure Event"), then such obligations of such Party during the duration of such Force Majeure Event, and for a reasonable time thereafter, will be suspended. In the case of cancellation of an Event due to a Force Majeure Event, the Parties agree to negotiate a date to reschedule such Event if practicable. If such canceled Event cannot reasonably be rescheduled or relocated within the Venue, neither Party shall be deemed to be in breach of this Agreement solely because of such cancellation. Neither any such cancellation, rescheduling, or relocation, nor the inability to reschedule or relocate, will, by itself, cause this Agreement to terminate. For purposes of this Agreement, neither the cancellation by WTC of any leg of the Race (e.g., the swim leg), nor the modification of the Race (e.g., distances, routes, etc.), will be deemed to be a cancellation of the Event. E-7. Confidentiality. a. During the Term and the 36-month period thereafter, each Party (the "Receiving Party") shall, other than as provided herein, keep confidential and not use or disclose, directly or indirectly, any of the terms of this Agreement, any trade secrets, confidential, or proprietary information, or any other knowledge, information, documents, or materials, owned, developed, or possessed by the other Party, whether in tangible or intangible form (collectively, "Confidential Information"). b. Confidential Information does not include any information that the Receiving Party conclusively establishes: (i) entered the public domain without Receiving Party's breach of any obligation owed to the disclosing Party; (ii) became known to the Receiving Party prior to the disclosing Party's disclosure of such information to such Receiving Party; (iii) is permitted to be disclosed by the prior written consent of the disclosing Party; (iv) became known to the Receiving Party from a source other than the disclosing Party, other than by breach of any obligation of confidentiality owed to the disclosing Party; or (v) was independently developed by the Receiving Party without breach of this Agreement. c. The Receiving Party shall take all lawful measures to prevent the unauthorized use and disclosure of Confidential Information, and to prevent unauthorized persons or entities from obtaining or using Confidential Information. The Receiving Party shall refrain from directly or indirectly taking any action that would constitute or facilitate the unauthorized use or disclosure of Confidential Information. d. The Receiving Party may disclose Confidential Information to its officers and employees to the extent necessary to enable the Receiving Party to perform its obligations hereunder, but only if such officers and employees shall have entered into appropriate confidentiality agreements for secrecy and nonuse of Confidential Information which by its terms shall be enforceable by injunctive relief by the disclosing Party. The Receiving Party shall be liable for any unauthorized use and disclosure of Confidential Information by any of its officers or employees. e. The Receiving Party may disclose the terms of this Agreement to (i) its attorneys and other professional advisors who have a professional duty to the Receiving Party to keep confidential such information or (ii) a third party that has entered into a reasonably standard confidentiality agreement with the Receiving Party that prohibits such third party from disclosing such terms, where such third party requires to review this Agreement for purposes of evaluating a proposed (A) purchase by such third party of assets of or equity interests in the Receiving Party or (B) financing transaction involving the borrowing of funds or establishing a credit facility or other financing arrangement, in each case where Receiving Party would be the borrower or guarantor of such debt. Con/ulenlial ;lgreeoiell1 134 1 HOST VENUE AGREEMENT- Page 20 of 24 f. The Receiving Party may disclose Confidential Information (including, without limitation, this Agreement and any amendments thereto) to the extent necessary to enable the Receiving Party to comply with all applicable laws, regulations, court orders, or other legal processes including, without limitation, the Brown Act, the California Public Records Act, and the Freedom of Information Act (FOIA). g. Notwithstanding any provisions in this Agreement, nothing in this Agreement does or shall be construed as superseding any obligation of Host under law, including but not limited to the California Public Records Act (Cal. Gov. Code, § 7920.000 etseq.) or any applicable administrative or judicial process or order, to disclose any information, produce any documents, or otherwise provide tangible instruments or materials in any medium whatsoever. E-8. Exclusivity. a. Use of Racecourse and Event -Related Areas. Notwithstanding anything to the contrary in this Agreement: During the period between (and including) the Monday preceding the Race Date until (and including) the Friday following the Race Date (collectively, the "Event Period"), Host shall not produce, conduct, host, or permit any event (other than such Event) that takes place, in whole or in part, on any portion of the Race course or at any Event -related area; provided. however, that during the Event Period (excluding Race day) private functions and corporate events may take place but only if such events do not do or include any of the following: include any endurance-, running-, road cycling-, or swimming -related race, competition or event; ii. include any vendor exposition, tradeshow, and/or the selling of any merchandise and/or services; iii. occur on the Race course or at any other area where any part of the Event is being conducted, or adversely affect the ingress or egress to or from any such areas; iv. in any way jeopardize or adversely impact Event production or operations; v. infringe on any WTC intellectual property rights; or vi. include or constitute Ambush Marketing or otherwise promote themselves as purportedly being part of or in connection with the Event). b. Advertising Other Triathlon Companies or Long -Distance Triathlons. During the Term, Host shall not permit its website to display any marketing, promotion, advertisement, reference, or the like, of (i) any other triathlon event series or company, including but not limited to World Triathlon (f/k/a International Triathlon Union), Professional Triathletes Organization (PTO), Revolution3 Triathlon, Life Time Fitness Triathlon, Challenge Family Triathlon, CLASH Endurance, Topman Triathlon and HITS Triathlon (or any of their respective successors or assigns), (ii) any person, entity, or group (other than WTC or any subsidiary or licensee thereof) that operates, organizes, produces, or is otherwise involved in any triathlon having a distance longer than that of an "Olympic" distance triathlon (as such distance is defined by World Triathlon), or (iii) any triathlon having a distance longer than that of an "Olympic" distance triathlon (as such distance is defined by World Triathlon), unless such triathlon is owned or operated by WTC or any subsidiary or licensee of WTC. c. Non -Competition. During the Term and the twenty-eight (28)-month period thereafter, Host shall not produce, support, advertise, promote, conduct, host, permit, or contract or partner with any person or entity (other than WTC or a subsidiary thereof) for or in connection with, any other triathlon, running event, or cycling event located, in whole or in part, within the Venue or anywhere within 75 miles of the Venue if such event features any race distance longer than that of an "Olympic" distance triathlon (as such distance is defined by World Triathlon). Confidential Agi cement 135 HOST VENUE AGREEMENT- Page 21 of 24 M d. Promoting Safety for Community Activities. Notwithstanding anything herein this Agreement to the contrary, WTC hereby acknowledges and agrees that nothing herein this Agreement limits or otherwise restricts Host from promoting safety in connection with community activities taking place in and around the Venue (including, without limitation, by sending out notifications and information to the public pertaining to sporting events of any type). E-9. Indemnification. a. Each Party ("Indemnifying Party") shall indemnify, protect, defend and hold harmless the other Party, its parent, subsidiaries, and affiliates, and each of their respective directors, officers, employees, contractors, volunteers, representatives, and agents ("Indemnified Parties"), from and against any and all claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments, and expenses, including without limitation, attorneys' fees, court costs, and other legal expenses, arising out of, directly or indirectly, or in connection with: (i) any breach or alleged breach of any provision of this Agreement by the Indemnifying Party or any representation or warranty made by the Indemnifying Party herein; (ii) any act or omission to act by the Indemnifying Party, or any of its employees, servants, or agents; (iii) use by the Indemnified Parties of facilities, venues, or accommodations provided by or on behalf of the Indemnifying Party that violate any applicable laws (including, without limitation, the Americans with Disabilities Act); or (iv) any dangerous conditions on, or with respect to, any roads, facilities, venues, or accommodations controlled or maintained by the Indemnifying Party. b. This Section will survive the expiration or termination of this Agreement for any reason. E-10. Insurance. a. Host Requirements. Host shall, throughout the Term, obtain and maintain its own comprehensive general liability insurance for each Event for, without limitation, any and all claims of bodily injury, death, property damage, and advertising liability, and any and all litigation, arbitration and settlement costs, related to any claims for or by any Party or Event participants, volunteers, referees, officials, scorekeepers, spectators, sponsors, and staff with a minimum combined single limit equal to but not less than five million U.S. dollars ($5,000,000.00) per occurrence for any one incident or accident (the "Host Insurance Policy"). Host shall name WTC as an additional insured on the Host Insurance Policy. Notwithstanding the foregoing: The Parties hereby acknowledge that Host is a member of the California JPIA, and (ii) Host may satisfy the Host Insurance Policy requirements set forth within this Section by participation in a municipal self-insurance pool. b. WTC Requirements. During the Term, WTC shall obtain and continuously maintain, at its own expense, the following insurance policies in connection with each Event (collectively, the "WTC Insurance Policies"): i. Workers Compensation. A workers' compensation (or equivalent coverage) policy (a "Workers' Comp Policy") in statutorily required limits and employers' liability, with minimum of $1,000,000 per accident or disease. Such policy shall include a waiver of subrogation endorsement in favor of Host. ii. Commercial General Liability. Commercial general liability insurance (a "General Liability Policy") for each Event for, without limitation, any and all claims of bodily injury, death, property damage, and advertising liability, and any and all litigation, arbitration and settlement costs, related to any claims for or by any Party or Event participants, volunteers, referees, officials, scorekeepers, spectators, sponsors, and staff providing one million U.S. dollars ($1,000,000) per occurrence for any one incident or accident. Host must be named as an additional insured on the General Liability Policy. Further, such General Liability Policy shall apply on a primary basis irrespective of any other insurance available to the Host, whether collectible or not and such that any C on/idemia[;1w eemen! 136 HOST VENUE AGREEMENT- Page 22 of 24 insurance in the name of and/or for the benefit of Host will be excess and non- contributory. iii. Commercial Automobile Liability. Automobile liability insurance (an "Auto Liability Policy"), covering owned, non -owned, leased or hired automobiles, with a minimum combined single limit of $1,000,000 for each accident. iv. Umbrella Liability Policies. An umbrella and/or excess liability insurance policies (the "Umbrella Policies"), in excess of the Insurance Policies above (i.e., subsections (i) through (iii)), with minimum limits of $10,000,000 each occurrence and $10,000,000 general aggregate. For avoidance of doubt: the Umbrella Policies must follow form of the underlying Workers' Comp Policy, General Liability Policy, and Auto Liability Policy. c. Mutual Requirements. Certificates evidencing the foregoing required Insurance Policies (as defined below) must be provided, upon request, to the other Party. All insurance policies required herein must be issued by an admitted insurance carrier with an A.M. Best rating of A-, VII or better. No Insurance Policy shall contain a self -insured retention. No Insurance Policy shall contain a deductible in excess of $25,000 and any/all deductibles shall be the sole responsibility of the policy holder and shall not apply to the other Party. The insurance requirements set forth above will in no way modify, reduce, or limit the indemnification herein this Agreement made by a Party. Receipt by any party of a certificate of insurance, endorsement, or policy of insurance which is more restrictive than the Insurance Policies set forth above shall not be construed as a waiver or modification of the insurance requirements above or an implied agreement to modify same, nor is any verbal agreement to modify same permissible or binding. The "Insurance Policies" means, collectively, the Host Insurance Policy and the WTC Insurance Policies, as such terms are defined above. For the avoidance of doubt and notwithstanding the foregoing: WTC hereby acknowledges and agrees that Host may satisfy the Host Insurance Policy requirements set forth within this Section by participating in a municipal self-insurance pool. E-11. Assignment: Binding Effect. No rights or obligations under this Agreement may be assigned or delegated by either Party without the prior written consent of the other Party. Any purported assignment or delegation in violation of this Section is void ab initio. All of the terms of this Agreement will apply to, be binding upon, and inure to the benefit of the Parties hereto, their successors, and permitted assigns. Subject to the immediately preceding sentence, no third party will have any rights or remedies under this Agreement. E-12. Relationship of the Parties. The Parties are acting herein solely as independent contractors. Nothing herein contained will create or be construed as creating a partnership, joint venture, or agency relationship between the Parties. Each Party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other Party in any way. Each Party will be solely responsible for all wages, income taxes, worker's compensation, and any other requirements for all personnel it supplies in connection with this Agreement. E-13. Jurisdiction and Dispute Resolution. a. Governing Law. Notwithstanding the place where this Agreement may be executed by a Party, this Agreement and any claim, controversy, dispute or other matter arising hereunder or related hereto (whether by contract, tort or otherwise) shall be governed in accordance with the laws of the State of California, without regard to the conflict of laws provisions thereof that would result in the application of the laws of any other jurisdiction. In any litigation arising out of or relating to this Agreement, the Parties agree that venue shall be solely in either the United States District Court, Central District of California, or a California state court located in Riverside County, California. b. Enforcement. If a Party brings any action under this Agreement (including, without limitation, any challenge or appeal), the prevailing Party shall be entitled to recover from the other Parties reasonable attorneys' fees and costs (including, without limitation, the cost of such action). The Con/idemial Agreement 137 HOST VENUE AGREEMENT- Page 23 of 24 M Parties agree to authorize the court to determine both the entitlement and apportionment of such fees and costs. E-14. Rights and Remedies. The rights and remedies provided by this Agreement are given in addition to any other rights and remedies either Party may have by law, statute, ordinance or otherwise. All such rights and remedies are intended to be cumulative, and the use of any one right or remedy by either Party shall not preclude or waive its right to any or all other rights or remedies. E-15. Notices. All notices, requests, demands, and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given if emailed (with confirmation of receipt via read receipt), hand delivered, or delivered by certified or registered mail or by overnight delivery service: If to WTC: WORLD TRIATHLON CORPORATION 3407 West Dr. Martin Luther King Jr. Blvd., Ste. 100 Tampa, Florida 33607 Attention: Chief Legal Officer E-mail: Legal@ironman.com (or to such other person or address as WTC identifies to Host in accordance with this Section) If to Host: to the address listed on page 1 of this Agreement, with copy to: Rutan & Tucker, LLP 18575 Jamboree Road, 9th Floor Irvine, CA 92612 Attention: William H. Ihrke, Esq. E-mail: bihrke@rutan.com E-16. No Oral or Implied Waivers or Modifications. If either Party fails to enforce any of the provisions of this Agreement or any rights hereunder or fails to exercise any election provided in this Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either Party to exercise any of these provisions, rights or elections will not preclude or prejudice such Party from later enforcing or exercising the same or any other provisions, rights or elections which it may have under this Agreement. No waiver will be of any force or effect unless set forth in a writing signed by the Party whose right is being waived. Subject to the immediately preceding sentence, no modifications to this Agreement will be binding upon the Parties unless modified, amended, cancelled, renewed, or extended in a writing signed by both Parties. E-17. Entire Agreement. This Agreement (including all exhibits hereto) sets forth the entire agreement and understanding of the Parties relating to the subject matter hereof, and, with respect to such subject matter, supersedes all prior agreements, arrangements and understandings, written or oral, between the Parties. Except as may be expressly set forth herein, there are no promises, conditions, representations, understanding, interpretations or terms of any kind as conditions or inducement to the execution hereof or in effect between the Parties. E-18. Interpretation. The section headings included in this Agreement are for convenience of reference only and will not affect or be utilized in construing or interpreting this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by the arbitrator or a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other term, clause or provision and such invalid term, clause, or provision will be deemed to be severed from this Agreement, provided that both the economic and legal substance of the transactions that this Agreement contemplates are not affected in a manner materially adverse to either Party. This Agreement may be executed in counterparts, each of which will be deemed an original binding document but all of which will constitute one and the same instrument. Neither this Agreement nor any provision herein will be construed in favor or against either Party based on which Party Confidential Agreement 138 HOST VENUE AGREEMENT- Page 24 of 24 M drafted this Agreement or such provision. The exchange of copies of this Agreement and of signature pages by facsimile transmission, by e-mail, in "portable document format" (PDF) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of any such means, constitutes effective execution and delivery of this Agreement as to the Parties and may be used in lieu of an original Agreement or signature pages for all purposes. For the avoidance of doubt: signatures of the Parties transmitted by facsimile, email, or other electronic means will be deemed to be their original signatures for all purposes. Con/idenlial ;lgreellien! 139 140 BUSINESS SESSION ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING December 3, 2024 STAFF REPORT AGENDA TITLE- INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS RECOMMENDATION • Move to take up Ordinance No. by title and number only and waive further reading. • Move to introduce at first reading, Ordinance No. to amend Chapter 3.25 of the La Quinta Municipal Code related to Short -Term Vacation Rentals. EXECUTIVE SUMMARY • Staff periodically reviews Chapter 3.25 of the La Quinta Municipal Code related to Short -Term Vacation Rental (STVR) Program code and proposes amendments to update or clarify requirements and regulations as needed. • At the November 19, 2024, meeting Council updated the STVR permit fees where a new "multi -unit lock -off STVR unit" permit type was introduced and for which this code amendment would provide a definition. • Proposed are also the addition of a definition for "subtenant" and miscellaneous minor revisions throughout Chapter 3.25 to better align the language with existing processes and/or to ensure language clarity and consistency. FISCAL IMPACT — None. BACKGROUND AND ANALYSIS Staff periodically reviews Chapter 3.25 of the La Quinta Municipal Code related to the STVR program code and proposes amendments to update or clarify requirements and regulations as needed. The items below provide a general summary of the proposed code additions and amendments to Chapter 3.25 via this ordinance: 1. Section 3.25.030 —Definitions —add definitions for "multi -unit lock -off STVR unit" and "Subtenant" 141 At the November 19, 2024, meeting Council adopted Resolution No. 2024-041 approving updated STVR permit fees and introducing a new "multi -unit lock -off STVR unit" permit type for which this code amendment would provide a definition. Additionally, "subtenant" is being defined to explicitly state that any rental activity of a privately owned dwelling, regardless of whether it was directly rented or sub -rented by the occupant(s), for 30-days or less constitutes an STVR rental and is subject to the STVR program requirements and regulations. The revisions of Section 3.25.070, subsections (B), (M), and (T) ensure consistency of the existing code with these new definitions. 2. Section 3.25.060 — STVR permit — Application requirements — subsection (C) is amended to establish eligibility and specific requirements for conversion of existing rooms within a dwelling into bedrooms to be counted towards the total number of approved bedrooms under the STVR permit. 3. Miscellaneous minor revisions throughout Chapter 3.25 are proposed to better align the language with existing processes and/or to ensure language clarity and consistency. ALTERNATIVE Council may elect not to introduce the proposed ordinance; approve only some of the amendments and/or additions; or instruct staff to make additional/different amendments. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 142 ORDINANCE NO. XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTIONS AND AMENDING SECTIONS OF CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) relates to short-term vacation rentals, including permitted uses, short-term vacation rental process and permitting procedures, requirements, violations, fines, etc.; and WHEREAS, the City has the authority to regulate residential uses, including short- term vacation renal uses, operating within the City; and WHEREAS, the proposed additions and amendments to Chapter 3.25 are intended to: 1. Section 3.25.030 — Definitions — add definitions for "multi -unit lock -off STVR unit" and "Subtenant" At the November 19, 2024, meeting Council adopted Resolution No. 2024-041 approving updated STVR permit fees and introducing a new "multi -unit lock -off STVR unit" permit type for which this code amendment would provide a definition. Additionally, "subtenant" is being defined to explicitly state that any rental activity of a privately owned dwelling, regardless of whether it was directly rented or sub -rented by the occupant(s), for 30-days or less constitutes an STVR rental and is subject to the STVR program requirements and regulations. The revisions of Section 3.25.070, subsections (B), (M), and (T) ensure consistency of the existing code with these new definitions. 2. Section 3.25.060 — STVR permit — Application requirements — subsection (C) is amended to establish eligibility and specific requirements for conversion of existing rooms within a dwelling into bedrooms to be counted towards the total number of approved bedrooms under the STVR permit. 3. Miscellaneous minor revisions throughout Chapter 3.25 are proposed to align the language with existing processes and/or to ensure language clarity and consistency. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: 143 Ordinance No. XXX Chapter 3.25 Short -Term Vacation Rentals — Additions and Amendments Adopted: Month Date, 2024 Page 2 of 4 SECTION 1. Chapter 3.25 shall be amended as written in "Exhibit A" attached hereto and incorporated herein by this reference. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 5. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this (date) day of (month), 2024), by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 144 Ordinance No. XXX Chapter 3.25 Short -Term Vacation Rentals — Additions and Amendments Adopted: Month Date, 2024 Page 3 of 4 ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 145 Ordinance No. XXX Chapter 3.25 Short -Term Vacation Rentals — Additions and Amendments Adopted: Month Date, 2024 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), 2024, and was adopted at a regular meeting held on the (date) day of (month), 2024, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027. MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , 2024, pursuant to Council Resolution. MONIKA RADEVA, City Clerk City of La Quinta, California 146 ORDINANCE NO. XXX - EXHIBIT A Title 3 - REVENUE AND FINANCE Adopted: , 2024 Chapter 3.25 SHORT-TERM VACATION RENTALS Chapter 3.25 SHORT-TERM VACATION RENTALS 3.25.010 Title. This chapter shall be referred to as the "Short -Term Vacation Rental Regulations." (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.020 Purpose. A. The purpose of this chapter is to establish regulations for the use of privately owned residential dwellings as short-term vacation rentals that ensure the collection and payment of transient occupancy taxes (TOT) as provided in Chapter 3.24 of this code, and minimize the negative secondary effects of such use on surrounding residential neighborhoods. B. This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term vacation rental purposes as defined in this chapter. C. The requirements of this chapter shall be presumed to apply to any residential dwelling that has received a short-term vacation rental permit. A rebuttable presumption arises that, whenever there is an occupant(s), paying rent or not, of a residential dwelling that has received a short-term vacation rental permit, the requirements of this chapter shall apply, including but not limited to any suspension or other modifications imposed on a short-term vacation rental permit as set forth in this chapter. The city manager or authorized designee shall have the authority to implement any necessary or appropriate policies and procedures to apply the rebuttable presumption set forth in this section. (Ord. No. 607, Exh. A, 12-5-2023; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.030 Definitions. For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section: "Advertise, ""advertisement ""advertising, ""publish," and "publication" mean any and all means, whether verbal or written, through any media whatsoever whether in use prior to, at the time of, or after the enactment of the ordinance adding this definition, used for conveying to any member or members of the public the ability or availability to rent a short-term vacation rental unit as defined in this section, or used for conveying to any member or members of the public a notice of an intention to rent a short-term vacation rental unit as defined in this section. For purposes of this definition, the following media are listed as examples, which are not and shall not be construed as exhaustive: verbal or written announcements by proclamation or outcry, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed or poster display, billboard display, e-mail or other electronic/digital messaging platform, electronic commerce/commercial Internet websites, and any and all other electronic media, television, radio, satellite -based, or Internet website. "Applicable laws, rules and regulations" means any laws, rules, regulations and codes (whether local, state or federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term vacation rental. La Quinta, California, Municipal Code (Supp. No. 6, Update 1 ) Created: 2024-10-10 1S:45:28 [EST] Page 1 of 20 147 "Applicant" means the owner of the short-term vacation rental unit. "Authorized agent or representative" means a designated agent or representative who is appointed by the owner and is also responsible for compliance with this chapter with respect to the short-term vacation rental unit. "Booking transaction" means any reservation or payment service provided by a person or entity who facilitates a home -sharing or vacation rental (including short-term vacation rental) transaction between a prospective occupant and an owner or owner's authorized agent or representative. "City manager" means that person acting in the capacity of the city manager for the City of La Quinta or authorized designee. "Declaration of non-use" means the declaration described in Section 3.25.050. "Dwelling" has the same meaning as set forth in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code; "dwelling" does not include any impermanent, transitory, or mobile means of temporary lodging, including but not limited to mobile homes, recreational vehicles (RVs), car trailers, and camping tents. "Estate home" is defined as a single-family detached residence with five (5) or more bedrooms, subject to evaluation criteria and inspection of the property pursuant to Section 3.25.060(D)(1). An estate home is a sub -type of short-term vacation rental unit and shall be subject to a general short-term vacation rental permit, primary residence short-term vacation rental permit, or homeshare short-term vacation rental permit, as applicable, pursuant to this chapter. "General short-term vacation rental permit" is a type of short-term vacation rental permit that is neither a homeshare short-term vacation rental permit nor a primary residence short-term vacation rental permit. "Good neighbor brochure" means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term vacation rental units. "Homeshare short-term vacation rental permit" is a type of short-term vacation rental permit whereby the owner hosts visitors in the owner's dwelling, for compensation, for periods of thirty (30) consecutive calendar days or less, while the owner lives on -site and in the dwelling, throughout the visiting occupant's stay. "Hosting platform" means a person or entity who participates in the home -sharing or vacation rental (including short-term vacation rental) business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation, including but not limited to the Internet. "Large lot" means a single "parcel," as defined in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code, that meets all of the criteria set forth in subsection (A) of Section 3.25.057. "Local contact person" means the person designated by the owner or the owner's authorized agent or representative who shall be available twenty-four (24) hours per day, seven (7) days per week with the ability to respond to the location within thirty (30) minutes for the purpose of: (1) taking remedial action to resolve any complaints; and (2) responding to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit. A designated local contact person must obtain a business license otherwise required by Sections 3.24.060 and 3.28.020 (or successor provisions, as may be amended from time to time) of this code. "Management company" means any individual or entity, whether for profit or nonprofit, and regardless of entity type, such as a limited liability company, corporation, or sole proprietorship, that is retained by an owner to be the owner's authorized agent or representative, or is the owner of a short-term vacation rental unit subject to this chapter, and is engaged in or represents itself to be engaged in the business of managing real property. Created: 2024-10-10 1S:45:28 [EST] (Supp. No. 6, Update 1 ) Page 2 of 20 148 "Multi -unit lock -off STVR unit" means a specific design and construction of a single-family detached dwelling or multi -family attached unit(s) dwelling, which construction is designed to allow sections of such dwelling to be locked -off and separated into individual stand-alone units and meets one (1) or more of the exemptions set forth in Section 3.25.055. The design and construction of a multi -unit lock -off STVR unit provides at a minimum for: a) independent living facilities within the space secured by a lock -off door(s), b) separate access to the exterior area(s) and public right of way without the need to enter or walk through the orimary livine area of the dwelline or other lock -off STVR units. and permanent provisions for sleeping and sanitation (bathroom) within the space secured by a lock -off door(s). Examples of multi -unit lock -off STVR units include a dwelling that has "hotel- or motel -like" exterior access door(s) and interior security door(s) that can be secured from either side between two stand-alone units where each stand-alone unit has the ability to secure itself from the other adjacent unit: or, a two-story dwelling (such as a two-story duplex) in which the first floor and second floor are separate lock -off STVR units, and the first and second floors each have their own independent exterior access to the exterior areas and public right of way. A multi -unit lock -off STVR unit is a sub -type of short-term vacation rental unit and shall be subject to a general short- term vacation rental permit or primary residence short-term vacation rental permit, as applicable, pursuant to this chapter. "Notice of permit modification, suspension or revocation" means the notice the city may issue to an applicant, authorized agent or representative, local contact person, occupant, owner, responsible person, or any other person or entity authorized to be issued such notice under this code for a short-term vacation rental unit, upon a determination by the city of a violation of this chapter or other provisions of this code relating to authorized uses of property subject to this chapter. "Occupant" means any person(s) occupying the dwelling at any time. "Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term vacation rental unit. "Primary residence" means a dwelling where an owner spends the majority of the calendar year on the property used as a short-term vacation rental unit, and the property is identified in the Riverside County assessor's record as the owner's primary residence. "Primary residence short-term vacation rental permit" is a type of short-term vacation rental permit whereby the short-term vacation rental unit is the owner's primary residence, as defined herein in this section. "Property" means a residential legal lot of record on which a short-term vacation rental unit is located. "Qualified and certified large lot" has the meaning as set forth in Section 3.25.057. "Rent" has the same meaning as set forth in Section 3.24.020 (or successor provision, as may be amended from time to time) of this code. "Rental agreement" means a written or verbal agreement for use and occupancy of a privately -owned residential dwelling that has been issued a short-term vacation rental permit, including a dwelling that may have a permit which has been or is under suspension. "Responsible person" means the signatory of an agreement for the rental, use and occupancy of a short-term vacation rental unit, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner(s), owner's authorized agent(s) or representative(s), local contact(s), and their guests, who shall be an occupant of that short-term vacation rental unit, who is at least twenty-one (21) years of age, and who is legally responsible for ensuring that all occupants of the short-term vacation rental unit and/or their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. Created: 2024-10-10 15:45:28 [EST] (Supp. No. 6, Update 1 ) Page 3 of 20 149 "Short-term vacation rental permit" means a permit that permits the use of a privately owned residential dwelling as a short-term vacation rental unit pursuant to the provisions of this chapter, and which incorporates by consolidation a transient occupancy permit and a business license otherwise required by Sections 3.24.060 and 3.28.020 (or successor provisions, as may be amended from time to time) of this code. A short-term vacation rental permit is one (1) of the following types: (1) general short-term vacation rental permit, (2) primary residence short-term vacation rental permit, or (3) homeshare short-term vacation rental permit, as defined in this section. "Short-term vacation rental unit" means a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple -family attached unit, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings and/or property and/or yard features appurtenant thereto, rented for occupancy and/or occupied for dwelling, lodging, or any transient use, including but not limited to sleeping overnight purposes for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days, by any person(s) with or without a rental agreement. "STVR" may be used by city officials as an abbreviation for "short-term vacation rental." "Subtenant" means any person subject to, or claiming to be subiect to, an arrangement in which a privately owned residential dwelling, rented to a lawful occupant, is in turn sub -rented or sub -leased by that lawful occupant to another person or third party, where said arrangement allows for the use and/or occupancy of the dwelling, whether or not said arrangement is with or without a rental agreement. "Suspension" means that short-term vacation rental permit that is suspended pursuant to Section 3.25.090. "Tenant" or "transient," for purposes of this chapter, means any person, including any Subtenant, who seeks to rent or who does rent, or who occupies or seeks to occupy, for thirty (30) consecutive calendar days or less, a short-term vacation rental unit. (Ord. No. 607, Exh. A, 12-5-2023; Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.040 Authorized agent or representative. A. Except for the completion of an application for a short-term vacation rental permit and business license, the owner may designate an authorized agent or representative to ensure compliance with the requirements of this chapter with respect to the short-term vacation rental unit on his, her or their behalf. Nevertheless, the owner shall not be relieved from any personal responsibility and personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such noncompliance was committed by the owner's authorized agent or representative or the occupants of the owner's short-term vacation rental unit or their guests. B. The owner shallmust be the applicant for and holder of a short-term vacation rental permit and business license and shall not authorize an agent or a representative to apply f8F eFhold a short-term vacation rental permit and business license on the owner's behalf. The owner's authorized agent or representative may submit an application on behalf of the owner pursuant to Section 3.25.060, but the owner's signature is required on all short-term vacation rental application forms, and the city may prescribe reasonable requirements to verify that an applicant or purported owner is the owner in fact. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:28 [EST] Page 4 of 20 150 3.25.050 Short-term vacation rental permit —Required. A. The owner is required to obtain a short-term vacation rental permit and a business license from the city before the owner or the owner's authorized agent or representative may rent or advertise a short-term vacation rental unit. No short-term vacation rental use may occur in the city except in compliance with this chapter. No property in the city may be issued a short-term vacation rental permit or used as a short-term vacation rental unit unless the property is a residential dwelling that complies with the requirements of this chapter. B. A short-term vacation rental permit and business license shall be valid for one (1) year and renewed on an annual basis in order to remain valid. A short-term vacation rental permit and business license renewal application shoulds4a-II be submitted nA ^;r'4^r than sixty (60) calendar days prior to the permit's expiration date, but no later than the permit's expiration date. Failure to renew a short-term vacation rental permit as prescribed in this section may result in the short-term vacation rental permit being terminated. A new owner of a property (or a new person and/or new entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) previously operated as a short-term vacation rental unit by the former owner (or by a former person or entity that owned or controlled the business or organization or other entity of any kind that continues to be the owner of the property) may not renew the previous owner's short-term vacation rental permit and shall apply for a new short-term vacation rental permit, pursuant to this chapter, if the new owner (or new person and/or new entity that owns or controls a business or organization or other entity of any kind that continues to be the owner of a property) wants to continue to use the residential dwelling as a short-term vacation rental unit. For purposes of this subsection, a transfer of a short-term vacation rental unit with a valid short-term vacation rental permit resulting from any of the following shall not be deemed a transfer to a new owner which would otherwise trigger the requirement to apply for and obtain a new short-term vacation rental permit: (a) Transfers to an entity of any kind, such as a limited liability company or a trust, where the member(s) of the entity or beneficiary(ies) of the trust is(are) the owner(s) of the real property with a valid short-term vacation rental permit, and the proportionate interest(s) of the owner(s) are the same for the real property placed in the entity. (b) Transfers that take effect upon the death of an owner to an heir designated by the owner (by devise, bequest, or similar transfer upon death) who is any of the following: (i) surviving spouse or domestic partner; or (ii) surviving sibling related by blood or in law, such as a brother, sister, brother-in-law, sister-in-law, step -brother, or step -sister; or (iii) surviving parent or grandparent by blood or in law, such as a mother, father, mother-in-law, father-in-law, step -mother, step- father, grandmother, grandfather, grandmother -in-law, grandfather -in-law, step -grandmother, or step -grandfather; (iv) surviving child or grandchild, such as a daughter, son, daughter-in-law, son-in-law, step -daughter, step -son, granddaughter, grandson, granddaughter -in-law, grandson - in -law, step -granddaughter, or step -grandson. (c) Transfers to a trust with the beneficiary(ies) identified as an heir described in subsection B(2)(b) above. If an owner or an owner's authorized agent or representative, pursuant to all applicable laws, constructs additional bedrooms to an existing residential dwelling or converts non -bedroom spaces and areas in an existing residential dwelling into additional bedrooms, the owner or owner's authorized agent or representative shall notify the city and update the short-term vacation rental unit's online registration profile upon city approval of the addition or conversion so that the city may confirm that Created: 2024-10-10 15:45:28 [EST] (Supp. No. 6, Update 1 ) Page 5 of 20 151 such conversion is consistent with this chapter and the code, including all applicable provisions in Title 8 of the code, and reissue the short-term vacation rental permit so that it accurately identifies the number of approved bedrooms, if the owner wants to continue to use the dwelling as a short-term vacation rental unit. The city may conduct an on -site inspection of the property to verify compliance with this chapter and the code. Code compliance inspections may be billed for full cost recovery at one (1) hour for initial inspection and in thirty (30)-minute increments for each follow-up inspection pursuant to subsection D. For purposes of this chapter, "reissue" or "reissuance" of a short-term vacation rental permit means a permit that is reissued by the city, with corrected information, as applicable, to be valid for the balance of the existing one (1)-year permit and license period. C. A short-term vacation rental permit and business license shall be valid only for the number of bedrooms in a residential dwelling equal to the number of bedrooms the city establishes as eligible for listing as a short- term vacation rental unit. The allowable number of bedrooms shall meet all applicable requirements under federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as may be amended from time to time) governing "additional bedrooms" and all applicable building and construction codes in Title 8 of this code. A short-term vacation rental permit shall not be issued for, or otherwise authorize the use of, additional bedrooms converted from non -bedroom spaces or areas in an existing residential dwelling except upon express city approval for the additional bedrooms in compliance with this code, including Section 9.50.100 (or successor provision, as may be amended from time to time), and upon approval of an application for a new or renewed short-term vacation rental permit as provided in subsection B. A short-term vacation rental permit and business license shall not be issued, and may be suspended or permanently revoked, if the property, or any building, structure, or use or land use on the property is in violation of this code. The city may conduct an inspection of the property prior to the issuance or renewal of a short-term vacation rental permit and/or business license. Code compliance inspections may be billed for full cost recovery at one (1) hour for initial inspection and in thirty (30)-minute increments for each follow-up inspection. For purposes of this subsection, a code violation exists if, at the time of the submittal of an application for a new or renewed short-term vacation rental permit or business license, the city has commenced administrative proceedings by issuing written communication and/or official notice to the owner or owner's authorized agent or representative of one (1) or more code violations. For purposes of this chapter, "building," "structure," and "use or land use" have the same meanings as set forth in Section 9.280.030 (or successor provisions, as may be amended from time to time) of this code. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if any portion of transient occupancy tax has not been reported and/or remitted to the city for the previous calendar year by the applicable deadline for the reporting and/or remittance of the transient occupancy tax. A short-term vacation rental permit and business license shall not be issued or renewed, and may be suspended or permanently revoked, if the residential dwelling to be used as a short-term rental unit lacks adequate on -site parking. For purposes of this subsection, "adequate on -site parking" shall be determined by dividing the total number of occupants commensurate with the approved number of bedrooms as provided in the table under Section 3.25.070 by four (4), such that the ratio of the maximum allowed number of overnight occupants to on -site parking spots does not exceed four to one (4:1). For example, a residential dwelling with five (5) bedrooms may permissibly host a total number of ten (10) to twelve (12) overnight occupants and therefore requires three (3) on -site parking spots. On -site parking shall be on an approved driveway, garage, and/or carport areas only in accordance with Section 3.25.070(R), and no more than two (2) street parking spots may count towards the number of on -site parking spots necessary to meet the "adequate on -site parking" requirement under this subsection. G. An owner or owner's authorized agent or representative who claims not to be operating a short-term vacation rental unit or who has obtained a valid short-term vacation rental permit and business license Created: 2024-10-10 15:45:28 [EST] (Supp. No. 6, Update 1 ) Page 6 of 20 152 pursuant to this chapter, may voluntarily opt -out of the requirements of this chapter, prior to the issuance or expiration of a short-term vacation rental permit and business license that are applicable to the short-term vacation rental unit, only upon the owner, the owner's authorized agent or representative and/or the owner's designated local contact person submitting a written request or executing, under penalty of perjury, a declaration of non-use as a short-term vacation rental unit, in a form prescribed by the city (for purposes of this chapter, a "declaration of non-use"). Upon the receipt and filing with the city a written request or a fully executed declaration of non-use, the short-term vacation rental permit and business license shall be closed and the owner or owner's authorized agent or representative shall be released from complying with this chapter as long as the property is not used as a short-term vacation rental unit. Use of the property as a short-term vacation unit after the city's receipt and filing of a written request or a declaration of non-use is a violation of this chapter. If, after a written notice or a declaration of non-use has been received and filed with the city, the owner or owner's authorized agent or representative wants to use that property as a short-term vacation rental unit, the owner may apply for a new short-term vacation rental permit and business license only after twelve (12) consecutive months have elapsed from the date of the city's receipt of the written notice or the declaration of non-use, and the owner and owner's authorized agent or representative otherwise shall fully comply with the requirements of this chapter and the code. (Ord. No. 607, Exh. A, 12-5-2023; Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012; Ord. 611, § 1(Exh. A), 3-19-2024) 3.25.055 Non -issuance of new short-term vacation rental permits; periodic council review. A. Commencing May 20, 2021, which is the effective date of Ordinance No. 596 which added this section, there shall be no processing of, or issuance for, any applications for a new short-term vacation rental permit, required by this chapter to use or operate a short-term vacation rental unit in the city, except applications for a new a short-term vacation rental permit covering a short-term vacation rental unit that meets one (1) or more of the following: 1. A residential dwelling within a residential project located in the CT Tourist Commercial District zone, as defined in Section 9.70.070 (or successor section) of this code and depicted in the city's official zoning map. 2. A residential dwelling within a residential project located in the VC Village Commercial District zone, as defined in Section 9.70.100 (or successor section) of this code and depicted in the city's official zoning map. 3. A residential dwelling within a residential project subject to a development agreement with the city, or subject to a condition of approval(s) attached to any entitlement approved by the city (including but not limited to a specific plan, subdivision map, or site development permit), pursuant to which short- term vacation rentals are a permitted use, and the residential dwelling's use as a short-term vacation rental is authorized under a declaration of covenants, conditions, and restrictions (CC&Rs), for the residential project. 4. A residential dwelling within the area covered by the SilverRock Resort Specific Plan or the Estates at Griffin Lake Specific Plan. 5. A residential dwelling is located adjacent to the CT Tourist Commercial District zone, as defined in Section 9.70.070 and depicted in the city's official zoning map, and within the following boundaries; west of Avenida Obregon, south of the Avenida Fernando, east of Calle Mazatlan, and north of the driveway access between Calle Mazatlan and Avenida Obregon that serves as a southern boundary for the La Quinta Tennis Villas/Tennis Condos area identified on page 25 of the La Quinta Resort Specific Plan, 121 E—Amendment 5 (as may be subsequently amended from time to time). For purposes of this Created: 2024-10-10 1S:45:28 [EST] (Supp. No. 6, Update 1 ) Page 7 of 20 153 subsection, "adjacent to" means across the street from or accessible by a driveway or service road designed to provide access to area(s) within the CT Tourist Commercial District zone. B. The city manager or authorized designee shall have the authority to implement policies or procedures to review and verify whether an application for a new short-term vacation rental permit meets the criteria set forth in this section. C. This section shall not apply to applications for a homeshare short-term vacation rental permit or applications for a renewal of an existing short-term vacation rental permit and business license, submitted in compliance with this chapter, including when the short-term vacation rental permit is under suspension during the time for processing the renewal application. Applications for renewals must be submitted as prescribed by this chapter. Any short-term vacation rental unit, covered by a permit that is subject to an application for renewal, which is under temporary suspension in violation of this chapter or any other provisions of this code, shall not become permitted to use the dwelling as a short-term vacation rental unit until all violations that led to the temporary suspension have been remedied and the suspension has expired. Any revoked short-term vacation rental permit shall not be eligible for renewal or new short-term vacation rental permit. D. The city council shall periodically review the impacts or effects, if any, caused by the non -issuance of new short-term vacation rental permits set forth in this section. The city manager or authorized designee shall prepare a report assessing impacts or effects, if any, for the council to review at a regular or special meeting. E. Commencing on January 4, 2024, which is the effective date of Ordinance No. 607 adding this subsection (E), this section may not be amended by the city council, except by no less than four -fifths (%) majority vote of the city council. (Ord. No. 607, Exh. A, 12-5-2023; Ord. 596 § 2, 2021; Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 591 § 1(Exh. A), 4-20- 2021) 3.25.057 Large Lots; exemption from non -issuance of new short-term vacation rental permits. A. If none of the exemptions in subsection (A) or (C) of Section 3.25.055 of this code applies, the owner of a large lot may voluntarily submit to the city an application and request to be exempted from the non -issuance of new short-term vacation rental permits set forth in Section 3.25.055 only if, at the time of submittal of an application for exemption pursuant to this section, all of the following criteria are met: 1. The "lot area," as defined in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code, is comprised of a single parcel that is no less than 25,000 square feet; 2. The single parcel has at least one (1) existing dwelling, as defined in this chapter, in use or available for use; 3. The single parcel is not, nor will the single parcel ever be for the duration of the period of any qualified exemption under this section, subject to a subdivision under the subdivision map act in Division 2 (commencing with Section 64410) of Title 7 of the California Government Code or under Title 13 of this code (or successor provisions, as may be amended from time to time); 4. The single parcel is not, nor will the single parcel ever be for the duration of the period of any qualified exemption under this section, subject to a reduction in the square footage of the lot area by lot line adjustment, parcel merger, or other action that creates a legal parcel under the subdivision map act in Division 2 (commencing with Section 64410) of Title 7 of the California Government Code or under Title 13 of this code (or successor provisions, as may be amended from time to time); 5. If the single parcel is within a residential project governed by a homeowners association, the use of the single parcel as a short-term vacation rental unit is authorized under the homeowners association's Created: 2024-10-10 15:45:28 [EST] (Supp. No. 6, Update 1 ) Page 8 of 20 154 covenants, conditions, and restrictions (CC&Rs) and any other applicable governing documents for the residential project governed by the homeowners association; Use of the single parcel as a short-term vacation rental unit is not prohibited or otherwise inconsistent with any recorded instruments governing the use of the single parcel; and The single parcel has adequate on -site parking pursuant to this chapter for use as a short-term vacation rental unit. B. Subject to the application and review provisions in this section, if the city determines the single parcel meets the criteria of a large lot to be exempted from the non -issuance of new short-term vacation rental permits that otherwise applies pursuant to Section 3.25.055, the provisions regarding the non -issuance of new short- term vacation rental permits in Section 3.25.055 shall no longer apply to, or be applicable as long as the single parcel meets the criteria in this section, to the large lot upon certification by the city that the criteria set forth in this section have been met. Upon certification by the city that the criteria in this section have been met, then the single parcel shall be identified as a "qualified and certified large lot" for purposes of this section and this chapter. Upon certification by the city of the single parcel as a qualified and certified large lot pursuant to this section, an owner of a residential dwelling within a qualified and certified large lot may apply for a new short-term vacation rental permit pursuant to this chapter and shall be subject to the same requirements of any other short-term vacation rental permit application, use, and operation governed by this chapter. The city may impose any necessary or proper conditions of approval with the certification of a single parcel as a large lot pursuant to this section, including conditions that would terminate the exemption from compliance with Section 3.25.055 if the large lot is subdivided or used in violation of the requirements of this section. Additionally, the city may require as a condition of approval that the owner of the qualified and certified large lot execute a land use covenant, in a form approved by the city and recorded in the county recorder's office against the single parcel, memorializing the terms and conditions applicable to the large lot for use as a short-term vacation rental unit. Any owner of real property that is no longer or is not in compliance with the criteria in this section to be a qualified and certified large lot shall have no right or authority to advertise, use, or operate said real property as a short-term vacation rental unit. Any short-term vacation rental permit (either new or renewal permit) issued by the city in reliance of said real property having previously been located within a qualified and certified large lot shall no longer be valid upon said real property no longer being in compliance with this section. An owner of a qualified and certified large lot who is the successor in interest to the owner who applied for and received the certification of the single parcel as a qualified and certified large lot does not need to re -apply for an exemption from Section 3.25.055 under this chapter as long as the single parcel determined to be the qualified and certified large lot remains in compliance with this section. It is the expressed intent of the city council that an application for exemption from Section 3.25.055, submitted to the city pursuant to this section, need only occur one time as long as the current owner of a qualified and certified large lot remains in compliance with this section whenever a new or renewal application for a short-term vacation rental permit is submitted to the city and for the duration of the term of the issued short-term vacation rental permit. It is also the expressed intent of the city council that the current owner of real property that may have previously been a qualified and certified large lot may be required by the city to submit a new application for exemption from Section 3.25.055, pursuant to this section, if the real property no longer meets the criteria set forth in this section. (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:28 [EST] Page 9 of 20 155 C. Any application submitted pursuant to this section shall be subject to any fees established by resolution of the city council and shall identify, by addresses, assessor's parcel number (APN), and any other identifying information requested by the city, the real property purporting to be a large lot. An application submitted pursuant to this section shall be reviewed and considered as follows: Submittal of Application. An application for a finding of exemption under this section and certification as a large lot shall be completed in a form approved by the city manager or authorized designee. Applications shall be filed with the city clerk, who shall forward to the planning department together with all maps, plans, documents and other materials required by the city clerk or director of the planning department. Determination of Completeness. The city clerk's office and planning department shall coordinate with the applicant to make a determination whether the application is complete or incomplete. Upon the determination that the application is complete by the city clerk, the city clerk shall schedule review and consideration of the complete application by the city council. Public Hearing and Consideration of the Application. The city council shall hold a public hearing on the application, and the city council shall be the decision -making authority for the application. The public hearing shall be set within ninety (90) days from the determination by the city clerk of a complete application. The public hearing shall be noticed in accordance with Section 9.200.100(D) (or successor provisions, as may be amended from time to time) of this code. At the public hearing, the city council shall receive written comments and any other evidence or testimony relating to the application. At the public hearing, the city council may take action on the application, or continue the application to a specified date. Required Findings. No application presented to the city council pursuant to this section may be approved or conditionally approved unless all of the following findings and requirements are met: a. The single parcel subject to the application is in a residential zone, is a legal non -conforming use, or is in a zone that otherwise would allow for residential uses. b. The applicant is the owner of the single parcel subject to the application. C. The exemption under this section is required for the applicant as owner to be able to apply for a short-term vacation rental permit and use a dwelling or dwellings on the parcel as a short-term vacation rental unit under this chapter. d. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. Included with this assessment shall be whether approval of the application and issuance of a certification that the single parcel is a qualified and certified large lot results in multiple exemptions under this section being concentrated in one geographic location of the city in a manner than may be incompatible with other properties or land uses in the vicinity. Decision. The city council shall approve, approve with conditions, or deny the application. With the concurrence of the applicant, an application may be withdrawn prior to the issuance of a decision by the city council. The decision on an application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval, shall be in writing. An approval or approval with conditions from the city council shall be adopted by resolution and accompanied with the certification from the city that the single parcel subject to the application meets the criteria for a qualified and certified large lot. Appeal. The decision of the city council shall be the final decision of the city on the application. Subject to the review and approval provisions in this section, the city manager or authorized designee shall have the authority to implement policies or procedures to review and verify whether an application and Created: 2024-10-10 15:45:28 [EST] (Supp. No. 6, Update 1 ) Page 10 of 20 156 request to be exempted from Section 3.25.055 meets the criteria set forth in this section and any other criteria reasonably necessary for verification of such application and request. The city council may periodically review the impacts or effects, if any, caused by this section concurrently with its periodic review provided for in subsection (D) of Section 3.25.055. (Ord. No. 607, Exh. A, 12-5-2023) 3.25.060 Short-term vacation rental permit —Application requirements. A. The owner or the owner's authorized agent or representative must submit the information required on the city's short-term vacation rental permit application form provided by the city, which may include any or all of the following: 1. The name, address, and telephone number of the owner of the subject short-term vacation rental unit; 2. The name, address, and telephone number of the owner's authorized agent or representative, if any; 3. The name and twenty-four (24)-hour telephone number of the local contact person; 4. Reserved; 5. The number of bedrooms shall not exceed the number of permitted bedrooms. The allowable number of bedrooms shall meet all applicable building and construction requirements under federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as may be amended from time to time) governing "additional bedrooms" and all applicable building and construction codes in Title 8 of this code; 6. Acknowledgement of receipt of all electronically distributed short-term vacation rental information from the city, including any good guest brochure; 7. The owner or owner's authorized agent or representative who has applied for a short-term vacation rental permit shall provide the city with written authorization that issuance of a short-term vacation rental permit pursuant to this chapter is not inconsistent with any recorded or unrecorded restrictive covenant, document, or other policy of a homeowner association (HOA) or other person or entity which has governing authority over the property on which a short-term vacation rental unit will be operated; in furtherance of this requirement, there shall be a rebuttable presumption that an owner or owner's authorized agent or representative does not have written authorization for the issuance of a short-term vacation rental permit if a HOA or other person or entity which has governing authority over the property has submitted to the city a duly -authorized official writing, which informs the city that short-term vacation rentals of thirty (30) consecutive days or less are not permitted on the property applying for a short-term vacation rental permit; and Such other information as the city manager or authorized designee deems reasonably necessary to administer this chapter. B. The short-term vacation rental permit application shall be accompanied by an application fee as set by resolution of the city council. A short-term vacation rental permit and business license shall not be issued or renewed while any check or other payment method cannot be processed for insufficient funds. C. The city may determine the maximum number of bedrooms in a residential dwelling with multiple bedrooms eligible for use as a short-term vacation rental unit upon issuance of a short-term vacation rental permit. When determining the maximum number of bedrooms eligible for use as short-term vacation rentals, the city shall consider the public health, safety, and welfare, shall comply with building and residential codes, and may rely on public records relating to planned and approved living space within the residential dwellings, including, but not limited to, title insurance reports, official county records, and tax assessor records. Owner Created: 2024-10-10 15:45:28 [EST] (Supp. No. 6, Update 1 ) Page 11 of 20 157 of residential dwe''Ings that exceed five the-usand (5,000) square feet ef develeped space en a let Fnay apf4y f... hedr^^ms. An owner and/or owner's authorized agent or representative may not advertise availability for occupancy of a short-term vacation rental unit for more than the approved number of bedrooms listed in the short-term vacation rental permit issued by the city pursuant to this chapter. In addition to any other rights and remedies available to the city under this chapter, the first violation for failing to advertise the approved number of bedrooms may be subject to a fine by an administrative citation, and a second or subsequent violation for failing to advertise the approved number of bedrooms may result in a revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.1090. An owner of a residential dwelling on a lot may apply for additional bedrooms to be included in the maximum number of bedrooms eligible for use under a short-term vacation rental permit, subject to and only if all of the following criteria are met: 1. Only existing rooms within a dwelling may be eligible for repurposing for use as an additional bedroom. 2. Use of an existing room as an additional bedroom shall comply with all building and residential codes, including but not limited to all applicable codes in Title 8 of this code. 3. Anv use of an existing room as an additional bedroom shall result in no less than 1.000 sauare feet of the remainder of the indoor habitable space within the dwelling to be used for living, eating, cooking, and sanitation purposes. "Indoor habitable space" for purposes of this Subsection 3.25.060(C)(3) includes, for example, kitchen, bathroom, dining room, living room, den, home -office, and hallway areas, but excludes, for example, closets, garage, storage, attic, basement, and other areas not usually and regularly occupied by persons in the dwelling. 4. The owner of the dwelling shall have the obligation to ensure the use of an existing room as an additional bedroom pursuant to this Subsection 3.25.060(C) is neither inconsistent with nor a violation of any legal or contractual obligations of the owner as the property owner of the dwelling, including but not limited to any residential/home insurance policies, title insurance policies, or tax assessment records. Nothing in this Subsection 3.25.060(C) does, or may be interpreted as, affecting or authorizing a use of an existing room as an additional bedroom under any other law or regulation, except for purposes of including such additional bedroom in the maximum number of bedrooms eligible for use under a short-term vacation rental permit pursuant to this chanter. Short-term vacation rental permit applications shall comply with the following: A short-term vacation rental permit application for an estate home shall be subject to evaluation and inspection of the property to ensure that the short-term vacation rental unit will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties in the vicinity. Evaluation and inspection shall include, but not be limited to: verification of the number of bedrooms, active noise monitor, adequate on -site parking spaces, availability of nearby street parking, physical distance of an estate home from adjacent properties, such as location and distance of outdoor gathering spaces, pools, and other living spaces from neighboring properties. The city manager, or designee, shall have the authority to impose additional conditions on the use of an estate home as a short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated. A short-term vacation rental permit application may be denied if the applicant has failed to comply with application requirements in this chapter, or has had a prior short-term vacation rental permit for the same unit revoked within the past twelve (12) calendar months. In addition, upon adoption of a resolution pursuant to subsection H, the city may limit the number of short-term vacation rental units in a given geographic area based on a high concentration of short-term vacation rental units. The city Created: 2024-10-10 15:45:28 [EST] (Supp. No. 6, Update 1 ) Page 12 of 20 158 shall maintain a waiting list of short-term vacation rental permit applications for such geographic areas where the city determines, based on substantial evidence after a noticed public hearing, there is a higher than average concentration of short-term vacation rental units that either affects the public health, safety, and welfare or significantly negatively impacts the character and standard of living in a neighborhood within that geographic area, or both. Short-term vacation rental permit applications may take up to, and the city shall have, thirty (30) calendar days to process. Nothing in this subsection or chapter shall be construed as requiring the city to issue or deny a short-term vacation rental permit in less than thirty (30) calendar days, as no permit shall be issued until such time as application review is complete. No short-term vacation rental use may occur in the city without a valid short-term vacation rental permit issued in accordance with this chapter. Upon a change of ownership of a property (or upon a new person and/or new entity owning or controlling a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) licensed to operate as a short-term vacation rental unit, the owner or owner's authorized agent or representative shall notify the city of such change immediately. The existing short-term vacation rental permit shall be terminated, unless subject to Section 3.25.050(B)(2), and the property must cease operating as a short-term vacation rental immediately. Failure to comply may result in a fine of one thousand dollars ($1,000.00) per day for a continuing violation of this subsection F. G. Immediately upon a change of an owner's authorized agent or representative, local contact, or any other change pertaining to the information contained in the short-term vacation rental application, the owner or owner's authorized agent or representative shall update the short-term vacation rental unit's online registration profile used by the city for the implementation of the short-term vacation rental regulations. Failure to immediately update this information may result in a violation of this chapter, including but not limited to a suspension or revocation of a short-term vacation rental permit, until all information is updated. The city manager or authorized designee may prepare, for adoption by resolution by the city council, a review procedure and criteria to evaluate the limitation for issuance of STVR permits and/or STVR applications for geographic areas within the city as set forth in subsection D. (Ord. No. 607, Exh. A, 12-5-2023; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.065 Short-term vacation rental permit —Grounds for denial. A. In addition to any other grounds provided in this chapter, an application (including renewal application) for a short-term vacation rental permit may be denied if use of the short-term vacation rental unit has been, will be, or is apt to become any one (1) or more of the following. 1. Prohibited by any local ordinance or by any state or federal law, statute, rule or regulation; 2. A public nuisance; 3. In any way detrimental to the public interest; 4. Prohibited by zoning laws and ordinances. B. An application (including renewal application) for a short-term vacation rental permit may also be denied on the grounds that the applicant has knowingly made a false statement in a material matter either in his/her/their application or in his/her/their testimony before the city manager or other body hearing such testimony. C. This section is intended to be, and shall be construed as being, in alignment with the grounds for denial of a business license set forth in Section 3.28.080 (or successor section) of this code. Created: 2024-10-10 15:45:28 [EST] (Supp. No. 6, Update 1 ) Page 13 of 20 159 (Ord. 591 § 1(Exh. A), 4-20-2021) 3.25.070 Operational requirements and standard conditions. A. The owner and/or owner's authorized agent or representative shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. An estate home may be established for short-term vacation rental use subject to evaluation and inspection of the property pursuant to Section 3.25.060(D)(1). An estate home established for short-term vacation rental use is required to be equipped with a noise monitoring device(s) that is operable at all times. B. The responsible person(s) shall be an occupant(s) of the short-term vacation rental unit for which he, she or they signed a rental agreement for such rental, use and occupancy, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner, owner's authorized agent or representative, local contact(s) and their guests. The responsible person(s) shall not sub -rent or sub -lease the short-term vacation rental unit to a Subtenant unless said sub -rental or sub -leasing is in full compliance with this chapter. No non -permanent improvements to the property, such as tents, trailers, or other mobile units, may be used as short-term vacation rentals. The total number of occupants, including the responsible person(s) and children regardless of age, allowed to occupy any given short-term vacation rental unit may be within the ranges set forth in the table below. By the issuance of a short-term vacation rental permit, the city or its authorized designees, including police, shall have the right to conduct a count of all persons occupying the short-term vacation rental unit in response to a complaint or any other legal grounds to conduct an inspection resulting from the use of the short-term vacation rental unit, and the failure to allow the city or its authorized designees the ability to conduct such a count may constitute a violation of this chapter. The city council may by resolution further restrict occupancy levels provided those restrictions are within the occupancy ranges set forth below. Number of Bedrooms Total of Overnight* Occupants Total Daytime** Occupants (Including Number of Overnight Occupants) 0—Studio 2 2-8 1 2-4 2-8 2 4-6 4-8 3 6-8 6-12 4 8-10 8-16 5 10-12 10-18 6 12-14 12-20 7 14 14-20 8 16 16-22 9 18 18-24 *Overnight (10:01 p.m.-6:59 a.m.) **Daytime (7:00 a.m.-10:00 p.m.) C. The person(s) listed as the local contact person in the short-term vacation rental unit's online registration profile shall be available twenty-four (24) hours per day, seven (7) days per week, with the ability to respond to the location within thirty (30) minutes to complaints regarding the condition, operation, or conduct of (Supp. No. 6, Update 1 ) Created: 2024-10-10 1S:45:28 [EST] Page 14 of 20 160 occupants of the short-term vacation rental unit or their guests. The person(s) listed as a local contact person shall be able to respond personally to the location, or to contact the owner or the owner's authorized agent or representative to respond personally to the location, within thirty (30) minutes of notification or attempted notification by the city or its authorized short-term vacation rental designated hotline service provider. No provision in this section shall obligate the city or its authorized short-term vacation rental designated hotline service provider to attempt to contact any person or entity other than the person(s) listed as the local contact person. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable or unlawful noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit. Occupants of the short-term vacation rental unit shall comply with the standards and regulations for allowable noise at the property in accordance with Sections 9.100.210 and 11.08.040 (or successor provision, as may be amended from time to time) of this code. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short- term vacation rental unit between the hours of 10:00 p.m. and 7:00 a.m. Pacific Standard Time. Observations of noise related violations shall be made by the city or its authorized designee from any location at which a city official or authorized designee may lawfully be, including but not limited to any public right-of-way, any city -owned public property, and any private property to which the city or its authorized designee has been granted access. Prior to occupancy of a short-term vacation rental unit, the owner or the owner's authorized agent or representative shall: Obtain the contact information of the responsible person; Provide copies of all electronically distributed short-term vacation rental information from the city, including any good guest brochure to the responsible person and post in a conspicuous location within the short-term vacation rental unit, in a manner that allows for the information to be viewed in its entirety; and require such responsible person to execute a formal acknowledgement that he/she/they is/are legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit. This information shall be maintained by the owner or the owner's authorized agent or representative for a period of three (3) years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of this code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. G. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall, upon notification or attempted notification that the responsible person and/or any occupant and/or guest of the short-term vacation rental unit has created unreasonable or unlawful noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, promptly respond within thirty (30) minutes to immediately halt and prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner, the owner's authorized agent or representative and/or the owner's designated local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term vacation rental unit within thirty (30) minutes, shall be subject to all administrative, legal and equitable remedies available to the city. Created: 2024-10-10 15:45:28 [EST] (Supp. No. 6, Update 1 ) Page 15 of 20 161 H. The owner of a short-term vacation rental unit that has a valid homeshare short-term vacation rental permit shall occupy the dwelling during the transient stay. A violation of any provision of this chapter, this code, or any other applicable federal, state, or local laws or codes, by the owner, owner's authorized agent or representative and/or the owner's designated local contact person shall be subject to all administrative, legal and equitable remedies available to the city. I. Trash and refuse shall not be left or stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days. The owner, the owner's authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 6.04 (Solid Waste Collection and Disposal) (or successor provision, as may be amended from time to time) of this code. J. Signs may be posted on the premises to advertise the availability of the short-term vacation rental unit as provided for in Chapter 9.160 (Signs) (or successor provision, as may be amended from time to time) of this code. K. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good guest brochure in a conspicuous place within the short-term vacation rental unit, and a copy of the good guest brochure shall be provided to each occupant of the subject short-term vacation rental unit. L. Unless otherwise provided in this chapter, the owner and/or the owner's authorized agent or representative shall comply with all provisions of Chapter 3.24 concerning transient occupancy taxes, including, but not limited to, submission of a monthly return in accordance with Section 3.24.080 (or successor provisions, as may be amended from time to time) of this code, which shall be filed monthly even if the short-term vacation rental unit was not rented during each such month. M. Guesthouses, detached from the primary residential dwelling on the property, or the primary residential dwelling on the property, may be rented pursuant to this chapter as long as the guesthouse and the primary residential dwelling are rented to one (1) party; provided, however, that this Subsection (M) does not apply to multi -unit lock -off STVR units. The owner and/or the owner's authorized agent or representative shall post the number of authorized bedrooms and the current short-term vacation rental permit number at the beginning or top of any advertisement that promotes the availability or existence of a short-term vacation rental unit; provided, however, this requirement may be satisfied if a hosting platform used by the owner and/or owner's authorized agent or representative provides a designated field(s) to post the number of authorized bedrooms and the current short-term vacation rental permit number for the short-term vacation rental unit. In the instance of audio -only advertising of the same, the short-term vacation rental permit number and the number of authorized bedrooms shall be read as part of the advertisement. 0. The owner and/or owner's authorized agent or representative shall operate a short-term vacation rental unit in compliance with any other permits or licenses that apply to the property, including, but not limited to, any permit or license needed to operate a special event pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time) of this code. The city may limit the number of special event permits issued per year on residential dwellings pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time). The city manager, or designee, shall have the authority to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated, including, but not limited to, a mitigating condition that would require the installation of a noise monitoring device to keep time -stamped noise level data from the property that will be made available to the city upon city's reasonable request. (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:28 [EST] Page 16 of 20 162 Q. The standard conditions set forth herein may be modified by the city manager, or designee, upon request of the owner or the owner's authorized agent or representative based on site -specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation rental unit. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property as a short-term vacation rental unit would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. R. On -site parking shall be on an approved driveway, garage, and/or carport areas only; this section does not impose restrictions on public street parking regulations. Recreational vehicles may be parked in accordance with the provisions set forth in Section 9.60.130 (or successor provision, as may be amended from time to time) of this code. S. No "apartment," "apartment building," or "apartment project," as defined in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code shall be eligible to apply for or obtain a short- term vacation rental permit. T. A privately owned residential dwelling, regardless of whether it is permitted or not as a short-term vacation rental unit, rented for a period of thirty one (31) consecutive calendar days or more, counting portions of calendar days as full days, by any person(s), with or without a rental agreement, that is subsequently sub - rented or sub -leased to a Subtenant for a period of thirty (30) consecutive days or less, counting portions of calendar days as full days, constitutes use of the privately owned residential dwelling as a short-term vacation rental unit and is subiect to the provisions of this chapter. This Subsection (T) is declaratory of existing law under this chapter. (Ord. No. 608, § 1, 12-5-2023; Ord. No. 607, Exh. A, 12-5-2023; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.080 Recordkeeping and hosting platform duties. A. The owner or the owner's authorized agent or representative shall maintain for a period of three (3) years, records in such form as the tax administrator (as defined in Chapter 3.24) may require to determine the amount of transient occupancy tax owed to the city. The tax administrator shall have the right to inspect such records at all reasonable times, which may be subject to the subpoena by the tax administrator pursuant to Section 3.24.140 (Records) (Transient Occupancy Tax) (or successor provisions, as may be amended from time to time) of this code. B. Hosting platforms shall not complete any booking transaction for any residential dwelling or other property purporting to be a short-term vacation rental unit in the city unless the dwelling or property has a current and valid short-term vacation rental permit issued pursuant to this chapter, which is not under suspension, for the dates and times proposed as part of the booking transaction. The city shall maintain an online registry of active and suspended short-term vacation rental permits, which hosting platforms may reference and rely upon for purposes of complying with subsection B. If a residential dwelling or other property purporting to be a short-term vacation rental unit matches with an address, permit number, and/or current and valid permit dates (not under suspension) set forth in the city's online registry, the hosting platforms may presume that the dwelling or other property has a current and valid short-term vacation rental permit. The provisions of this subsection B shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s). Created: 2024-10-10 15:45:28 [EST] (Supp. No. 6, Update 1 ) Page 17 of 20 163 (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.090 Violations. A. Additional conditions. A violation of any provision of this chapter or this code by any applicant, occupant, responsible person, local contact person, owner or owner's authorized agent or representative (including a management company), shall authorize the city manager, or designee, to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential additional violations are avoided. B. Permit modification, suspension and revocation. A violation of any provision of this chapter, this code, California Vehicle Code, or any other applicable federal, state, or local laws or codes, including, but not limited to, applicable fire codes and the building and construction codes as set forth in Title 8 of this code, by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative (including a management company), shall constitute grounds for modification, suspension and/or revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100. C. Notice of violation. The city may issue a notice of violation to any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or representative (including a management company), or hosting platform, pursuant to Section 1.01.300 (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Two (2) strikes policy. Subject to a minor violation reprieve request, two (2) violations of any provision of this chapter or this code within one (1) year by any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or representative (including a management company), with respect to any one (1) residential dwelling shall result in an immediate suspension of the short-term vacation rental permit with subsequent ability to have a hearing before the city, pursuant to this chapter, to request a lifting of the suspension. For purposes of this subsection, a "minor violation reprieve request" means a written request submitted to the city's code enforcement officer for relief from counting one (1) or more violations within the one (1) year period as a minor violation, and "minor violation" means a violation of a particular section of this code that resulted in minimal impact on the use and enjoyment of the adjacent and nearby properties caused by any of the following: 1. Minor debris or trash containers left in view as a first offense; 2. A short-term vacation rental permit number or bedroom count not posted on an advertisement as a first offense; 3. A short-term vacation rental permit number or bedroom count posted in the wrong location on an advertisement as a first offense; or 4. Over occupancy due to a minor child not associated with a disturbance. A determination of whether a code violation is a minor violation shall be based on substantial evidence presented to the code enforcement officer relating to that violation. Administrative and misdemeanor citations. The city may issue an administrative citation to any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or representative (including a management company), or hosting platform, pursuant to Chapter 1.09 (Administrative Citations) (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude Created: 2024-10-10 15:45:28 [EST] (Supp. No. 6, Update 1 ) Page 18 of 20 164 the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. An administrative citation may impose a fine for one (1) or more violations of this chapter in the maximum amount allowed by state law or this code in which the latter amount shall be as follows: 1. General short-term vacation rental violations (occupancy/noise/parking). a. First violation: one thousand dollars ($1,000.00); b. Second violation: two thousand dollars ($2,000.00); C. Third violation: three thousand dollars ($3,000.00). 2. Operating a short-term vacation rental without a valid short-term vacation rental permit. a. First violation: one thousand and five hundred dollars ($1,500.00); b. Second or more violations: three thousand dollars ($3,000.00); C. Third or more violations: five thousand dollars ($5,000.00); d. In addition to the fines set forth above, the first, second, third, or subsequent violation of operating a short-term vacation rental unit without a valid short-term vacation rental permit shall be cause for an owner (or person and/or entity that owns or controls a business or organization or other entity of any kind, such as a limited liability company, which is the owner of a property) to be prohibited for all time from being eligible to be issued a short-term vacation rental permit and/or business license for use of a property as a short-term vacation rental unit. 3. Hosting a special event at a short-term vacation rental unit without a special event permit as required by Section 9.60.170 (or successor provision, as may be amended from time to time) of this code. a. First violation: five thousand dollars ($5,000.00); b. Second violation: five thousand dollars ($5,000.00). 4. Advertising a short-term vacation rental without a valid short-term vacation rental permit by person(s) or entity(ies) other than a management company. a. First violation: one thousand dollars ($1,000.00); b. Second violation: two thousand dollars ($2,000.00); C. Third violation: three thousand dollars ($3,000.00). 5. Advertising a short-term vacation rental without a valid short-term vacation rental permit by a management company. a. First violation: one thousand and five hundred dollars ($1,500.00); b. Second violation: three thousand dollars ($3,000.00); C. Third or more violations: five thousand dollars ($5,000.00); d. In addition to the fines set forth above, the first, second, third, or subsequent violation of knowingly advertising a short-term vacation rental unit without a valid short-term vacation rental permit by a management company shall be cause for the management company to be prohibited from being used to advertise or operate a short-term vacation rental unit at the property identified for not having a valid short-term vacation rental permit. Additionally, repeat violations, which is three (3) or more violations of this subsection (E)(5), by a management company for knowingly advertising a short-term vacation rental unit without a valid short-term vacation rental permit shall be cause for the management company to be prohibited for all time from being Created: 2024-10-10 15:45:28 [EST] (Supp. No. 6, Update 1 ) Page 19 of 20 165 eligible to be issued a short-term vacation rental permit and/or business license in the city for such property management purposes. Public Nuisance. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person or entity to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Section 1.01.250 (Violations public nuisances) (or successor provisions, as may be amended from time to time) of this code. (Ord. No. 607, Exh. A, 12-5-2023; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 578 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012) 3.25.100 Appeals. A. Any person aggrieved by any decision of a city officer made pursuant to this chapter may request a hearing before the city manager in accordance with Chapter 2.08 (or successor provisions, as may be amended from time to time) of this code. B. Notwithstanding any provisions in Section 2.08.230 or otherwise in the code, the decision by the city manager of an appeal brought under this chapter shall be the final decision by the city for any violation of a short-term vacation rental permit issued under this order, except for any administrative citation imposing a fine, which shall be processed and subject to an administrative appeal pursuant to Chapter 1.09 of the code. (Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017) (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:28 [EST] Page 20 of 20 166 BUSINESS SESSION ITEM NO. 3 City of La Quinta CITY COUNCIL MEETING: December 3, 2024 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO CERTIFY THE OFFICIAL CANVASS OF ELECTION RESULTS FOR THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 5, 2024 RECOMMENDATION Adopt a resolution to certify the official canvass of election results for the General Municipal Election held November 5, 2024. EXECUTIVE SUMMARY • A general municipal election was held on November 5, 2024, to fill the seat of the Mayor and two members of the City Council. • The City Clerk as Election Official is required to submit the certified results of the election to the governing body following certification of results by the Riverside County Registrar of Voters (ROV). • Per the Election Code, the City Council shall certify that the person receiving the highest number of votes for each office, and that the person who receives a plurality of the votes cast for any office is elected to that office. • The following candidates, listed in alphabetical order, received the highest number of votes cast: For Mayor: LINDA EVANS For Council: KATHLEEN FITZPATRICK STEVE SANCHEZ FISCAL IMPACT — None. BACKGROUND/ANALYSIS At the May 21, 2024, meeting, the City Council adopted Resolution No. 2024-017 giving notice of a General Municipal Election to be held in November for the election of a Mayor and two members of the City Council. The election was held on November 5, 2024, and the voters elected: For Mayor: Linda Evans for a term of two years, and For Council: Kathleen Fitzpatrick and Steve Sanchez for a term of four years each. 167 The ROV's office has indicated that they expect certifying the November 5, 2024, election results on December 3, 2024, thus, this item is being added to the Council agenda for that meeting. As of the publication of this staff report on November 27, 2024, the receipt of the Certification of Election Results from the ROV to the La Quinta City Clerk is pending and expected on December 3, 2024, and will be attached as Exhibit A to the Resolution. AL i tRNA i IVE5 There are no alternatives to the recommended action. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 168 RESOLUTION NO. 2024 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON THE FIFTH (5TH) DAY OF NOVEMBER 2024, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of La Quinta, California, on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of election was given in time, form and manner as provided by law, candidates were nominated to fill the vacancy or vacancies as provided by law; the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the laws of the State of California relating to General Law cities and the Charter of the City of La Quinta; and WHEREAS, the Riverside County Registrar of Voters canvassed the returns of the election and certified the results to the City of La Quinta, and said results are received, attached and made a part hereof as Exhibit A; and WHEREAS, said General Municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to cities in the State of California: • One (1) Mayor of the City Council for the full term of two (2) years; and • Two (2) Members of the City Council for the full term of four (4) years each. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the foregoing recitals are true and correct and constitute the findings of the City Council, and are incorporated herein by this reference SECTION 2. That the names of persons, in alpha order, voted for during said election for Mayor of the La Quinta City Council is as follows: • LINDA EVANS • ROBERT F. SYLK SECTION 3. That the names of persons, in alpha order, voted for during said election for Members of the La Quinta City Council is as follows: • KATHLEEN FITZPATRICK • JOSEPH "JOE" JOHNSON • STEVE SANCHEZ 169 Resolution No. 2024 — OXX November 5, 2024 General Municipal Election Results Adopted: December 3, 2024 Page 2 of 3 SECTION 4. That the City Council does declare and determine that LINDA EVANS was elected as Mayor for the full term of two (2) years; and KATHLEEN FITZPATRICK and STEVE SANCHEZ were elected as Members of the City Council for the full term of four (4) years each. SECTION 5. That the City Clerk shall immediately make and deliver to each of the persons so elected, a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected, the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into permanent retention. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of December 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California 170 Resolution No. 2024 — OXX November 5, 2024 General Municipal Election Results Adopted: December 3, 2024 Page 3 of 3 APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 171 172 City of La Quints BUSINESS SESSION ITEM NO. 4 CITY COUNCIL MEETING: December 3, 2024 STAFF REPORT AGENDA TITLE: APPOINT A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO TEMPORE FOR CALENDAR YEAR 2025 RECOMMENDATION Appoint a member of the City Council to serve as Mayor Pro Tempore for calendar year 2025. EXECUTIVE SUMMARY • The mayor pro tempore is the presiding officer at all City Council meetings and related functions and activities when the Mayor is absent. • The selection of Mayor Pro Tempore is governed by State law (Gov. Code § 36801) and City's Rules of Procedure for Public Meetings (Resolution No. 2022-027). The laws require the Council to choose one of its members as Mayor Pro Tempore at the same meeting it declares the results of a general municipal election, or during odd -numbered years, at a regular meeting in the last calendar quarter. FISCAL IMPACT — None. BACKGROUND/ANALYSIS The Council's Rules of Procedure prescribes that the selection of a Mayor Pro Tempore shall be by three (3) or more affirmative votes, and a failure to achieve such total of affirmative votes, shall be deemed a selection of the incumbent to remain in office. The Resolution also stipulates that a successor or replacement Mayor Pro Tempore may be chosen at any time by three (3) or more affirmative votes. The office has been held by the following officials in recent years. • 2020 — Mayor Pro Tern Pena • 2021 — Mayor Pro Tern Radi • 2022 — Mayor Pro Tern Fitzpatrick • 2023 — Mayor Pro Tern Sanchez • 2024 — Mayor Pro Temp Pena ALTERNATIVES There are no alternatives to the recommended action. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 173 174 City of La Quinta BUSINESS SESSION ITEM NO. 5 CITY COUNCIL MEETING: December 3, 2024 STAFF REPORT AGENDA TITLE: APPOINT MEMBERS OF THE CITY COUNCIL TO SERVE ON VARIOUS OUTSIDE AGENCIES FOR CALENDAR YEAR 2025 RECOMMENDATION Appoint members of the City Council as City representatives to serve on various local, regional, and state boards, commissions, and committees for calendar year 2025. EXECUTIVE SUMMARY • Each year, the Council selects Councilmembers to serve on various local, regional, and state boards, commissions, and committees. • Attachment 1 is the list of board, commissions, and committees, their meeting schedules, and the 2024 representatives and alternates. The agencies that offer stipends are identified with an asterisk (*). FISCAL IMPACT Attendance at some meetings requires Councilmembers to incur reimbursable travel costs that could include mileage, airfare, meals, and/or overnight hotel stays. Travel costs for the first half of 2023 are included in the 2024/25 budget (account no. 101-1001-60320). For meetings scheduled in the latter half of 2025, the costs will be included in the 2025/26 budget. BACKGROUND/ANALYSIS The City is involved in various government boards, commissions, or committees relating to local, regional, and state affairs. The City Council may appoint one or more of its members to these agencies or may appoint a citizen to represent the City. When appointing a Councilmember, the Fair Political Practices Commission (FPPC) [FPPC Regulation 18702.5] allows an elected official to vote on his/her own appointment to another public agency's board, committee, or commission if the appropriate form [Form 806 — Agency Report of: Public Official Appointments] is posted disclosing any compensation received. This form is posted on the City's website and will be immediately updated following this meeting. If Council opts to select a citizen representative, the City Clerk will seek applicants for that position. 175 ALTERNATIVES The Council may opt to make new appointments to some or all positions; discontinue membership in one or more boards, commissions, or committees; and/or change membership on one or more boards, commissions, or committees to a citizen representative. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachment: 1. Committee Appointment List 2024 176 ATTACHMENT 1 2024 Assignments AGENCY 2024 MEETING SCHEDULE 2024 REPRESENTATIVES Animal Campus Commission 1st Thursday, quarterly at 9:30 am Member: Councilmember Sanchez (2024: Feb 1, May 2, Aug 1, Nov 7) Alternate: Councilmember Fitzpatrick Member: Councilmember Sanchez California Joint Powers Insurance Authority* Annual meeting in July Alternate: Monika Radeva and/or Claudia Martinez 1st quarter— Councilmember McGarrey 2n6 quarter — Councilmember Sanchez Greater CV Chamber of Commerce Councilmembers rotate — 2nd Thursday every 3rd quarter — Mayor Evans Information Exchange Committee month at 8:30 am 4tn quarter — Councilmember Fitzpatrick Alternate — Mayor Pro Tern Pena Art Purchase Committee — March 2024 Meet during Art Celebrations; Members: Com Servs. Com (2) Members; Art Purchase Committee — November 2024 (March 2-5, 2024; Nov. 9-12, 2024) Mar. — Sanchez & McGarrey; Nov. — Evans & Fitzpatrick Annual banquet — last Monday in June in Chair's Delegate: Mayor Evans CVAG General Assembly city Alternate: Mayor Pro Tern Pena June 24, 2024 at 6 m Members: All Councilmembers CVAG Conservation Commission* 2nd Thursday of each month at 10:30 am Member: Mayor Evans (2024: dark March, July, Aug, Oct, Dec) Alternate: Councilmember Fitzpatrick CVAG Energy & Sustainability Committee* 2nd Thursday of each month at 12 pm Member: Mayor Evans (2024: dark March, July, Aug, Oct, Dec) Alternate: Councilmember Fitzpatrick CVAG Executive Committee* Last Monday of each month at 4:30 pm Member: Mayor Evans (2024: dark March, July, Aug, Oct, Dec) Alternate: Mayor Pro Tern Pena (rotating) CVAG Public Safety Committee* 2nd Monday of each month at 9 am Member: Mayor Pro Tern Pena (2024: dark Mar, Apr, Jul, Aug, Oct, Dec) Alternate: Councilmember Sanchez CVAG Transportation Committee* 1st Monday of each month at 10 am Member: Councilmember Fitzpatrick (2024: dark March, July, Aug, Oct, Dec) Alternate: Councilmember McGarrey CVAG Homelessness Committee* 3rd Wednesday of each month at 10 am Member: Mayor Pro Tern Pena (2024; dark Mar, July, Aug, Oct, Dec) Alternate: Councilmember Fitzpatrick Coachella Valley Mosquito & Vector Control District nd 2 Tuesday of each month at 6 pm Member: Mayor Pro Tern Pena Appointed 10/19/2021 to serve thru December 31, (CVMVCD)* 2025 * Note: receives stipend APPOINTED DECEMBER 19, 2023 177 2024 Assignments 2nd Monday, every other month at 3 pm Member: Councilmember McGarrey Coachella Valley Mountains Conservancy (CVMC)* (2024: Jan 9, Mar 11, May 13, Jul 8, Sept 9, Nov Alternate: Councilmember Fitzpatrick 11) Coachella Valley Unified School District TBD Members: Councilmember Fitzpatrick & Mayor 2x2 Committee [established 11/03/2015] Pro Tern Pena January Members: McGarrey & Fitzpatrick Community Service Grant Review Committee Three per year: January, May & September May Members: Evans & Sanchez September Members: McGarrey & Pena Coachella Valley Water District Joint Policy Committee As needed — TBD Member: Mayor Evans Alternate: Mayor Pro Tern Pena (rotating) Desert Sands Unified School District TBD Members: Mayor Evans & Councilmember 2x2 Committee [established June 2013] Sanchez Desert Recreation District TBD Members: Councilmembers Fitzpatrick & 2x2 Committee [established Jan. 2017] McGarrey Economic Development Subcommittee Meet twice a month; TBD and 41" Wednesday at Members: Mayor Evans & Councilmember [established May 20, 2014] 9 a.m. Fitzpatrick Alternate Member: Councilmember Sanchez Tuesday's at 8:30 am at rotating locations Members: Mayor Evans Visit Greater Palm Springs Convention & Visitors Bureau* (2024: Feb 2, March 29, , June 14, Oct 4, Dec 6; dark in Alternate Member: Councilmember Sanchez Jan, April, May, July, Aug, Sept. Nov Member: Councilmember McGarrey IID Energy Consumers' Advisory Committee (ECAC) 3rd Monday of every month at 6 p.m. (2024) Appointment will end December 2026 Disbanded effective 12/31/2024 (used to meet 1st Monday of every month at 6 p.m.) Public Member: Bryan McKinney Alternate: none IID does not recognize alternates 2nd Thursday of every month at 3 p.m. IID Coachella Valley Energy Commission (CVEC) (Held at rotating facilities in the cities of Coachella, Indio, La Members: Mayor Evans Quinta, Palm Desert, Indian Wells, Rancho Mirage, tribal nations, Appointment will end December 2024 or unincorporated areas of Imperial & Riverside counties League of California Cities - Delegate for annual Annual conference(s) & General Assembly Member: Mayor Evans conference October 16-18, 2024 in Long Beach, CA Alternate: Mayor Pro Tern Pena League of California Cities -Environmental Quality Policy Three meetings per year Member: Councilmember McGarrey Committee (2024: Jan 19, March 22, & June21) League of California Cities — Executive Committee VIA ZOOM — 6:00 p.m. (2024: Feb. 12, April 8, Member: Councilmember McGarrey Riverside County Division June 10, Aug. 12, Oct. 14) League of California Cities - Public Safety Committee Three meetings per year (2024: Jan 19, March 22, & June21) Member: Councilmember Steve Sanchez Riverside County Transportation Commission (RCTC)* Member: Councilmember Fitzpatrick [one rep appointed by every city] 2nd Wednesday of each month at 9:30 am Alternate Member: Councilmember McGarrey * Note: receives stipend APPOINTED DECEMBER 19, 2023 178 2024 Assignments Riverside Local Agency Formation Commission (LAFCO) 4th Thursday of each month at 9:30 am Member: Councilmember Sanchez (dark Nov 2024?) Annual Regional Conference & General Assembly Delegate: Mayor Evans So. Calif. Association of Governments (SCAG) — May 2-3, 2024 — Marriott Springs Resort — Palm Alternate Member: Mayor Pro Tern Pena Desert So. Calif. Association of Governments (SCAG) Regional 1st Thursday of each month at 12:00 pm Member: Councilmember Sanchez Council (elected 3/11/2024) 4th Wednesday of each month at 10am-1 pm noon Member: Mayor Pro Tern Pena Sunline Transit Agency* (includes Committees) Alternate: Councilmember Fitzpatrick dark Au & Nov 2024 179 * Note: receives stipend APPOINTED DECEMBER 19, 2023 180 PUBLIC HEARING ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: December 3, 2024 STAFF REPORT AGENDA TI' : CONTINUED FROM NOVEMBER 19, 2024: ADOPT RESOLUTIONS ADOPTING MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2022-0012) AND APPROVING AN AMENDMENT TO THE JEFFERSON SQUARE SPECIFIC PLAN 2022-0004 (SP 2002-062, AMENDMENT 3), TENTATIVE TRACT MAP 2022-0003 (TTM 38604) AND SITE DEVELOPMENT PERMIT 2022-0015 FOR THE DEVELOPMENT OF MULTI -FAMILY RESIDENTIAL UNITS ON THE SOUTH HALF OF THE EXISTING JEFFERSON SQUARE COMMERCIAL CENTER; CEQA: A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED (EA 2022-0012); LOCATION: SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE RECOMMENDATION A. Adopt a resolution adopting the Mitigated Negative Declaration for the Jefferson Square project (EA 2022-0012). B. Adopt a resolution approving Specific Plan 2022-0004 (SP 2002-062, Amendment 3), Tentative Tract Map 2022-0003 (TTM 38604), and Site Development Permit 2022-0015. EXECUTIVE SUMMARY • The City Council heard this item at its meeting of November 19, 2024, and continued the item to allow time for the Council to consider site conditions and neighborhood concerns. • The applicant is requesting a Specific Plan Amendment (SPA), Tentative Tract Map (TTM), and Site Development Permit (SDP). The SPA would allow either commercial or multi -family residential development within the southern 5± acres of the site (Attachment 1). The TTM subdivides the southern portion of the site into three lots, and the SDP activates the SPA and proposes 89 multi -family units located on the southern half of the Jefferson Square Shopping Center. There are 71 units in a three-story building and a total of 18 units in 5 two and three story townhouse buildings to include carport spaces throughout and tuck under parking spaces within the townhouse buildings. 181 FISCAL IMPACT The proposed project will generate development impact fees (DIF) and property tax to offset costs of providing services. bAG KG KUU N D/ANAL Y 515 The Specific Plan Amendment (SPA), Tentative Tract Map (TTM), and Site Development (SDP) are proposed to allow multi -family residential within the Jefferson Square shopping center. The November 19, 2024, staff report, which contains the full analysis of the project, is included in Attachment 1 and is linked below for the Council's reference. During the hearing on November 19, 2024, the Council received comments from the public, primarily residents of the Monticello subdivision immediately south of the proposed project. Concerns included privacy, traffic, and parking. The Council deliberated and determined that it required time to consider these concerns, including visiting the site to consider site conditions and inform their decision. Council expressed concerns regarding the screening provided along the south boundary. The Planning Commission added a condition of approval (number 61 in Exhibit B of the project resolution), requiring that the screen extend along the entire south boundary to the southwest corner of the project. This screen would consist of 36-inch boxed trees, planted 6 feet on center. In addition, the Council expressed concerns regarding the maintenance of the screen. Staff identified condition number 48, which reads in part, "...Said landscaping shall be constantly maintained by the center owner with damaged, dead, or dying plant material immediately replaced with healthy plant material of equivalent size." This condition, which is applied to all projects, ensures long-term maintenance of the landscape screen and other landscaping within the project. Council requested that a condition of approval be considered to require assigned parking for the apartment units. The following is proposed and, with Council concurrence, can be added to the project Resolution's Exhibit B: "The apartment units along the west side of the project area shall implement an assigned parking permit process for residents, designating specific space(s) for each unit to the parking surrounding the building on its south, west, and north sides. " Council directed the City Engineer, as part of a separate effort not connected to the approval of these applications, to evaluate traffic calming options for Monticello Avenue, adjacent to the park and southerly through the existing neighborhood, to discourage or control cut -through traffic. Council continued the hearing to be able to deliberate further based on site observations and additional information to consider. The recommendation of the Planning Commission, contained in the November 19t" staff report, is that the City Council approve the project with conditions of approval. 182 ALTERNATIVES If the Council wishes, it may add the condition regarding parking cited above and any other conditions it determines are appropriate for the project if the Council determines that it wishes to approve the project. The Council may also, at its discretion, deny the applications, return them to the Planning Commission with specific direction to consider specific issues further, or continue the item again and provide staff with direction. Prepared by: Nicole Sauviat Criste, Consulting Planner Approved by: Jon McMillen, City Manager Attachment: 1. November 19, 2024, City Council Staff Report 183 RESOLUTION NO. 2024 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION (EA 2022-0012) FOR A SPECIFIC PLAN AMENDMENT TO ALLOW EITHER COMMERCIAL OR MULTI -FAMILY RESIDENTIAL ON THE SOUTH HALF OF THE JEFFERSON SQUARE SHOPPING CENTER, 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 APPLICANT: FLORA LA QUINTA LLC PROJECT: JEFFERSON SQUARE SPECIFIC PLAN AMENDMENT NO. 3 WHEREAS, the City Council of the City of La Quinta, California did, on December 3, 2024, hold a duly noticed Public Hearing to consider a request by Flora La Quinta LLC, for a Specific Plan Amendment to allow either commercial or multi -family residential on the south half of the Jefferson Square Shopping Center, 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, more commonly described as: APNs 604-521-013 and 604-521-014 WHEREAS, the City Council of the City of La Quinta, California, did, on November 19, 2024, previously hold a duly noticed Public Hearing to consider adoption of a Mitigated Negative Declaration and approval of said Specific Plan Amendment, Tentative Tract Map and Site Development Permit; and WHEREAS, upon hearing and considering all testimony and arguments, the City Council did continue the public hearing until December 3, 2024, to have more time to consider concerns of the neighboring residents regarding privacy, traffic, and parking; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on October 30, 2024, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site on November 7, 2024; and WHEREAS, the Planning Commission of the City of La Quinta, California, did adopt Planning Commission Resolution 2024-013 recommending the City Council 184 Resolution No. 2024 — XXX Environmental Assessment 2022-0012 — Mitigated Negative Declaration Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 2 of 3 approve the Initial Study/Mitigated Negative Declaration for Environmental Assessment 2022-0012 at a duly noticed Public Hearing on October 8, 2024; and WHEREAS, the City published a Notice of Intent to Adopt a Mitigated Negative Declaration on May 9, 2024, which initiated a 20-day public review period from May 9 to May 29, 2024; and WHEREAS, Environmental Assessment 2022-0012 has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to the California Environmental Quality Act to justify approval of said Environmental Assessment [Exhibit A]: The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory. Potential impacts to biological and cultural resources can be mitigated to be less than significant. 2. The proposed project will not result in impacts that are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. The Project is consistent with the General Plan and the Jefferson Square Specific Plan, as amended, and proposes an overall reduction in traffic impacts when compared to commercial development. 3. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. Potential impacts associated with cultural and tribal resources, geology, and noise can be mitigated to be less than significant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. 185 Resolution No. 2024 — XXX Environmental Assessment 2022-0012 — Mitigated Negative Declaration Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 3 of 3 SECTION 2. That the City Council has reviewed and considered the information in Environmental Assessment 2022-0012 and hereby does approve said Environmental Assessment with mitigation measures incorporated [Exhibits A and B]. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of December 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 186 Resolution No. 2024-XXX Environmental Assessment 2022-0012 Adopted: December 3, 2024 EXHIBIT A CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Phone: (760) 777-7125 ENVIRONMENTAL INITIAL STUDY Project Title: Jefferson Square Specific Plan Amendment & Flora Residential Project City Project No: SPA 2002-062 SDP 2022-0015 TTM 2022-0003 EA 2022-0012 Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Phone: (760) 328-2266 Applicant: Beacon Realty c/o Omar Hussein 69930 CA Hwy 111, Suite 203 Rancho Mirage, CA 92270 Representative: goUrban Development c/o Luis Gomez 24444 Hawthorne Boulevard, Suite 109C Torrance, CA 90275 Contact Person & Phone Number: Nicole Sauviat Criste, Consulting Planner Design and Development Department City of La Quinta 78495 Calle Tampico, La Quinta CA 92253 Phone: (760) 777-7069 Project Location: West of Jefferson Street, South of Fred Waring Drive Assessor's Parcel Numbers 604-521-013 and 604-521-014. General Plan Designation: General Commercial (CG) Zoning Designation: Neighborhood Commercial (CN) 187 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 2 PROJECT DESCRIPTION The project applicant is proposing a Specific Plan Amendment (SPA) for the Jefferson Square Specific Plan (SP 2002-062) area located on the southwest corner of Jefferson Street and Fred Waring Drive in La Quinta, California. Additionally, the project applicant is proposing a Site Development Permit (SDP) and a Tentative Tract Map (TTM) for the southern portion of the Specific Plan area. The Jefferson Square Specific Plan and Amendments (SPA No. 1 and SPA No. 2) were approved in 2004, 2005, and 2008, respectively (see Project History below). Currently, the northern portion of the site is developed with commercial retail uses. SPA No. 2 allows development of commercial retail uses throughout the Jefferson Square Specific Plan (SP) area. The project applicant is proposing SPA No. 3 to allow commercial retail (Option 1) or mixed -use development (Option 2) within the Specific Plan area. SPA No. 3 divides the Specific Plan area into two Planning Areas (PA1 and PA2). PA1 is the northern portion of the site that is currently developed with commercial retail, and PA2 is the southern portion of the site that is currently undeveloped. Option 1 would allow PA1 and PA2 to remain commercial retail as analyzed in SPA No. 2, and Option 2 would allow the development of up to 95 residential units within PA2. Implementation of Option 2 (residential development in PA2) is the focus of this CEQA analysis, since Option 1 was previously analyzed as part of SPA No. 2. Concurrently, the project applicant seeks approval of a Site Development Permit (SDP) 2022-0015 and Tentative Tract Map (TTM) No. 38604. SDP 22-0015 proposes an 89-unit multifamily project in PA2, and TTM No. 38604 proposes to subdivide the PA2 site into three lots. The SDP and TTM approvals are being processed concurrently with SPA No. 3. Planning Areas As previously stated, SPA No. 3 (SPA 2002-062 Amendment 3) will divide the Jefferson Square Specific Plan area into two distinct areas, indicated as PA1 and PA2. Planning Area 1 — As of 2024, PA1 is built out with approximately 39,334 square feet of building area. PA1 shall continue to serve as a neighborhood commercial center which includes a CVS Pharmacy, Dutch Bros Coffee, and an assortment of other retail and service -oriented shops. PA1 has been built out and any additional development in PA1 is out of the scope of this document. Should additional development be proposed in PA1, it would require a subsequent SPA, SDP and/or Conditional Use Permit (CUP). Planning Area 2 — PA2 consists of two legal parcels occupying the southern portion of the Specific Plan area. Parcel 6 (APN 604-521-013) occupies 4.09 acres of the site, while Parcel 7 (APN 604-521-014) occupies 1.01 acres, totaling 5.1 acres (Refer to Table 1 below). Two development options are proposed within PA2. Option 1 would allow the development of commercial land uses as approved in SPA No. 2 and analyzed under SPA 2002-062 and Environmental Assessment 2002-462. Since Option 1 proposes no changes to the previously approved commercial retail plan, additional environmental analysis for a commercial retail project is not required. Option 2 allows up to 95 multi -family residential units (see Section III.A of SPA No. 3) and is the subject of this document's analysis. The two development options allow flexibility within the Specific Plan area to account for varying market conditions. PA1 is developed with commercial retail buildings, associated parking, paved drive aisles, and landscaping on approximately 5.17 acres. PA2 is currently vacant, but includes horizontal improvements such as paved drive aisles and parking spaces, curb and gutter improvements, post -mounted lighting, landscaping, and two undeveloped pads. In addition to SPA No. 3 and this environmental document, the project applicant is processing a Site Development Permit as well as a Tentative Tract Map for PA2. The SDP provides a project -specific site plan, architectural elevations, and landscape plans for an 89-unit multifamily residential development within PA2. The Tentative Tract Map subdivides PA2 into 3 parcels. Access to the Jefferson Square SP area occurs from two locations along Fred Waring Drive, and two locations along Jefferson Street. Access to the proposed project will occur from the existing entrances. 188 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 3 Project History The Jefferson Square Specific Plan (SP 2002-062) was approved in January 2004 for commercial use, consisting of a 113,173 square -foot shopping center including a supermarket, drugstore with drive -through, and a gasoline service station within seven additional building areas. In November 2005, Amendment No. 1 was approved and reduced the commercial retail area to 100,731 square feet. In May 2008, Amendment No. 2 further reduced the commercial retail area to 90,441 square feet and proposed a Fresh and Easy market; a CVS drug store with drive -through; an OSH hardware store; a bank with drive -through; and smaller retail or restaurant uses. Construction of the Specific Plan area began in 2008. By 2009, four retail buildings were constructed in the northern portion of the site (PA1), totaling approximately 38,000 square feet. Additional construction included the development of three certified pads, parking lots, driveways, stormwater management system, utility infrastructure, landscape improvements, and public sidewalks and parkways throughout the entire Specific Plan area (see Exhibit 2, Project Aerial). In 2013, Parcel Map No. 36241 was approved and recorded, whereby the Specific Plan area was subdivided into seven legal parcels. Street and landscape dedications were included with Parcel Map No. 36241 which reduced the Specific Plan area from 10.79 to 10.27 acres. The parcels, acreages, building area, and land use are indicated in the table below. Table 1 Jefferson Square Specific Plan Areas and Land Use Parcel No. APN Acreage Building Area (SO Land Use Planning Area Parcel 604-521-007 1.47 13,013 Retail(Pharmacy) 1 Parcel 604-521-009 0.81 7,000 Retail 1 Parcel 604-521-010 1.86 13,969 Retail 1 Parcel 4 604-521-011 0.58 852 Food drive thru coffee 1 Parcel 604-521-012 0.45 4,500 Retail 1 Parcel 604-521-013 4.09 0 Vacant 2 Parcel? 604-521-014 1.01 0 Vacant 2 Total 10.27 39,334K In 2020, La Quinta Planning Commission approved Site Development Permit 2020-0002 (SDP 2020-0002), which allowed the development of a drive -through coffee use (Dutch Bros Coffee Shop) on Parcel 4 (in PA1). The drive - through coffee use has since been constructed and is operational. This facility is in PA1, adding 852 square feet to PA1, which totals approximately 39,334 square feet of building area. Parcels 6 and 7 which comprise PA2 remain undeveloped and vacant. Project Land Use and Zoning The entire Jefferson Square SP area, including the PA2, is currently designated as General Commercial in the City's General Plan Land Use Map, which allows a full range of commercial uses, ranging from supermarkets and drugstores in a neighborhood shopping center, to major national retailers in large buildings. General Commercial uses also include professional offices, service businesses, restaurants, hotels or motels, research and development and warehousing or similar low impact quasi -industrial uses. The current zoning designation for the proposed project site is Neighborhood Commercial (CN). CN zones are intended to provide for the development and regulation of small-scale commercial areas located at the intersections of arterial highways. The CN district is intended to provide for food, drugs, sundries, and personal services to meet the daily needs of a neighborhood area. Additionally, the site includes a Mixed -Use (MU) Overlay, which is implemented to facilitate the development of mixed -use projects that include both multifamily residential and 189 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 4 commercial components in a cohesively designed and constructed manner. MU overlay districts and the provision of Section 9.140.090 of the La Quinta Municipal Code apply to all commercial zones, including the project site. The City's Mixed -Use Overlay District's density standards allows 12 to 24 dwelling units per acre. Conceptual Site Plans As previously discussed, SPA No. 3 allows for either a commercial retail development plan (Option 1), or a mixed - use development plan (Option 2). In the mixed -use development plan, PA would continue to serve as a commercial retail center, while PA2 could be developed with up to 95 multifamily units (i.e., apartments, twnhomes, condominiums, or a combination thereof). The table below shows how 95 residential units could be allocated within PA2. Table 2 PA2 Mixed -Use Development Plan Land Use Summary Building No. Dwelling Unit Count Building Use Number of Stories Res. Bldg. 1 77 Apartments 3 Res. Bldg. 2 5 Townhomes 3 Res. Bldg. 3 5 Townhomes 3 Res. Bldg. 4 4 Townhomes 2 and 3 Res. Bldg. 5 2 Townhomes 2 Res. Bldg. 6 2 Townhomes 2 Total 95 -- -- Density 18.6 units/ac. -- -- Primary vehicle access to PA2 would occur at the southernmost Jefferson Street driveway. Pedestrian walkways would connect PA1 and PA2 to encourage walkability. PA2 residents would have access to common area recreational facilities such as a pool, spa, gym, recreational room, co -office space, outdoor plaza, tot -lot, community garden and walking trail. A resident park access point could occur at the northwest corner of PA2, to allow access to Monticello Park. If the commercial retail development plan is chosen instead of the mixed -use development plan, then PA2 would develop 42,500 square feet of commercial retail on Parcel 6, and 5,000 square feet of commercial retail on Parcel 7, as summarized in the table below. Table 3 PA2 Commercial Retail Development Plan Land Use Summary Parcel # Site Area Building Area() Building Use() Number of Floor Area (sq. ft.) Stories Ratio(') 6 178,160 42,500 Commercial Retail 1 0.24 Building 7 43,996 5,000 Retail Shops and 1 0.11 Restaurant Site Development Permit Along with the Specific Plan Amendment, Tentative Map, and this environmental document, an SDP has been submitted. The SDP includes a site plan, architectural elevations, and landscape plans. The SDP proposes the development of 89 residential dwelling units consisting of six buildings within PA2. Building 1 is proposed on the large vacant pad located on Parcel 6 as a three-story, slab -on -grade, wrap -around building with one- and two - bedroom units. Buildings 2 and 3 would be located east of Building 1 and include two rows of three-story, three - bedroom twnhomes. Buildings 4, 5, and 6 would occur on the vacant pad located on the southeast corner of the project consisting of two- and three-story, three -bedroom units. The proposed building areas are provided in the tables below. 190 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 5 Table 3 SDP Proposed Building Area Unit Mix a Quantity Area (SF) SF Total B 1 1 Bed 1 Bath 24 697 16,728 B2 1 Bed 1 Bath 18 752 13,536 C1 2 Bed 2 Bath 21 1,063 22,323 C2 2 Bed 2 Bath 6 1,233 7,398 C3 2 Bed 2 Bath 2 1,173 2,346 DI 3 Bed 3.5 Bath 3-Story Townhouse 4 2,028 8,112 D2 3 Bed 3.5 Bath 3-Story Townhouse 4 2,074 8,296 D3 3 Bed 3 Bath 3-Story Townhouse 2 2,114 4,228 D4 3 Bed 3.5 Bath 3-Story Townhouse 2 1,907 3,814 D5 3 Bed 3.5 Bath 2-Story Townhouse 6 1,734 10,404 Total -- 89 1,172 97,185 Common Areas* -- -- -- 5,914 Utility Functions* -- -- -- 17,539 Townhome Garage* Private Garage 18 varies 7,826 Total I 1 1 128,464 *Common areas/maintenance include: main lobby, rear lobby, mailroom, office, coworking areas, community room, gym, bike parking. Utility functions: elevator lobbies, corridors, electrical room, pool equipment room, trash, utility. Townhome garage areas: private townhome garages **See landscape areas in table below. In addition to the residential dwelling units, the project proposes ancillary amenities including tot -lots, landscaped walking path, central gathering plaza, gym, community room, lobby, offices/co-working space, mailroom, bike storage room, courtyard, outdoor barbecue, and pool. Landscaping and carports are also proposed as part of the project. The project applicant proposes to provide 136 parking spaces for residents and 45 spaces for guests, totaling 181 spaces for the proposed 89 units. The tables below indicates the landscape area proposed for the project, and proposed parking. Table 4 Proposed Lan dsca ed Area Landscape Type IF Area (SF) Courtyard 7,782 Plaza 1,904 Tot Lots 15329 Walking Path 15,203 Retention Basin 7,416 Site Landscape (A) 45603 Site Landscape (B) 12,084 Site Landscape (C) 15,799 Site Landscape (D) 9,374 Total 75,494 191 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 6 Table 5 Proposed Parking Type Number of Units Standard* Spaces Provided Covered Residential Parking Studio 0 1.0 0 1 bedroom 42 1.0 42 2 bedroom 29 2.0 58 3 bedroom 18 2.0 36 Total Residential Parking Spaces 136 Guest Parking Guest Parking 89 0.5 45 Total Guest Parking Spaces 45 Accessible Parking Requirement** Residential Stalls 2%** 3 Guest Parking 5% 3 Total Accessible Spaces 6 Total Parking 181 * Spaces / unit ** Per CBC 1109A The SDP is consistent with the guidelines and standards established in Specific Plan Amendment No. 3. Tentative Tract Map A Tentative Tract Map (TTM No. 38604) will subdivide the PA2 property into three smaller parcels. The TTM also illustrates the design and improvements of the proposed subdivision and the existing conditions throughout. The existing conditions illustrated in TTM No. 38604 include the existing developed parcels (commercial buildings), drive access points, retention basins, parking spaces, and sidewalks throughout the Jefferson Square Specific Plan. The proposed conditions illustrated in the TTM include the building locations, lot lines, parking spaces, and landscaping. Utilities and Services Domestic water services are extended to the site from an existing 18-inch water line at the northwest corner of the site along Fred Waring Drive, and an existing 12-inch water line near the southeast corner of the site along Jefferson Street. Sewer services are extended from an existing 10-inch sewer line along Jefferson Street. Onsite drainage is conveyed to two above -ground retention basins located on the south and west sides of the site, as well as to an underground retention system located directly east of residential Building 3. Trash enclosures are located at various points throughout the Specific Plan area and are screened from view. The landscape plan maintains and enhances existing landscaped areas along Fred Waring Drive and Jefferson Street and will accent the project's architectural theme within the site. Phasing PA1 was developed in 2008, apart from parcel 4, which was developed in 2021 as the existing coffee shop. PA2 construction is anticipated to last approximately 15 to 18 months. Construction timelines may vary depending on the availability of labor and materials. 192 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 7 Entitlements The purpose of this Environmental Assessment (EA) is to analyze the impacts of SPA No. 3, and development and operation of SDP 2022-0015 in PA2. SPA No. 3 acts to guide the use, development, and design of the proposed multi -family residential community'. The SDP is required by the City for approval of site -specific landscape design, architectural design, and site plan. Finally, the TTM subdivides the property into lots for future development and associated infrastructure improvements. PA1 is fully developed and operational. As previously stated, all pads within PA1 have been built out and any additional development is out of the scope of this document. Any future development in PA1 may require a subsequent Specific Plan Amendment, SDP, and/or CUP. Land Use and Setting: North: Low Density Residential — Esplanade Single Family Residential South: Low Density Residential — Monticello Single Family Residential Community East: City of Indio Neighborhood Commercial (NC) — Heritage Court Shopping Center West: Open Space Recreation — Monticello Park Utilities and Service Providers: The following agencies and companies will provide service to the project site: 1. Sanitary Sewer: Coachella Valley Water District (CVWD) 2. Water: Coachella Valley Water District (CVWD) 3. Electricity: Imperial Irrigation District (IID) 4. Gas: The Gas Company 5. Telephone: Verizon 6. Storm Drain: The City of La Quinta Appendix: A: CalEEMod Modeling B: Cultural Memo, CRM Tech C: Geotechnical Report 2008, Krazan and Associates D: Geotechnical Report Update 2022, Krazan and Associates E: Hydrology Report: DRC Engineering, Inc. F: Water Quality Management Plan, DRC Engineering, Inc. G: Noise and Vibration Impact Analysis, LSA H: Traffic Report 2008, Clyde E. Sweet and Associates I: Traffic Report Update 2022, Translutions ' However, if the SPA is approved and the market changes to conditions less favorable to residential developments, the project applicant could default to the previously approved Specific Plan Amendment No. 2 site plan and land uses. 193 -11111 Lr �•Ro I COUNTRY-CLUB-DR m = F® r ch PALM DESERT a "` acn Z I HOVL•EY L•N 42ND-AVE r I 1 —FRED•WAF ING DR. ,cn PROJECT SITE ` --MIL-ES-AVE NUE•52 INDIO a w �1 O z j cn � o o � N I Z 0 L w LL _ HWY 11 7TH z O —_ cn Y U I Q --CDACHEU+. - i ;ji I cn cn u C rk C 2 WAVE MSA CONSULTING IN VICINITY MAP > PLANNING, n CIVIL ENGINEEPING 5 [-AND WRVT-.V G 0 5,000 JEFFERSON SQUARE I IFT EXHIBIT 1 194 VIM- � r • wig IL- ` f+ wr _ • • ■ * y [! Ik rr PLANNING AREA 2 PLANNING AREA 1 ■.. . . RETAIL *. r Y • RETAIL RETAIL' APN k APN'604521009 r . + 604521010 * o DIAI u DIN �-• RETAIL 1 °. APN 604521014 APN 604521013 + " +�. _ ,` APN 604521007 �+� _ APN521011 s — 1p - - - r MSA CONSULTING INC.AERIAL PHOTOGRAPH > NG a CIVIL ENGINEERING} LAND CONSULTING, 0 ®r', 120 JEFFERSON SQUARE L IIFT EXHIBIT 2 1� MS,ONSU LTI N � N C SITE PLAN ` `.JEFFERSON SQUARE 41VIL ENGINEERING } LANR SURVEYIN{= ��'� NOT TO SCALE EXHIBIT 3 196 o I PLANNING AREA 2'i.4 PLANNING AREA 1 ' _ r -A r r ? __- + -- F- ...... �, .a'a; �, • ` -- - RES -t ~ � _ _ -- RETAIL 2 -n {� 'J ``L— RETAIL 5 RETAIL 3 m rs -1 RES 3 � Ulm RES 2 RETAIL 1 I11,511 1 1._ RETAIL -- - IL fiI I-- _ JEFFERSON STREET � MSA e'ONSULTING N C. SPA NO.3 PLANNING AREAS 1 AND 2 JEFFERSON SQUARE 41VIL ENGINEERING } LAN SURVEYING EXHIBIT 4 197 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 12 1"T .119181.1% 0M.=013.►vI:T61210811301 :Ir11L17:T4J1163 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture and Forestry Resources ❑ Air Quality ❑ Biological Resources ® Cultural Resources ❑ Energy ❑ Geology / Soils ❑ Greenhouse Gas Emissions ❑ Hazards & Hazardous Materials ❑ Hydrology / Water Quality ❑ Land Use / Planning ❑ Mineral Resources ® Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation ® Tribal Cultural Resources ❑ Utilities / Service Systems ❑ Wildfire ElMandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will ® not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant ❑ unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because ❑ all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. t May 3, 2024 Signa Date: City of La Quinta 198 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 13 Table 1 Jefferson Square Multi-Familv Development Mitigation and Monitoring Program Section Mitigation Measures Responsible for Monitoring Timing Impact after Mitigation V. Cultural CUL-1: The presence of a qualified archaeologist and Tribal monitor shall be required Resources during all project related ground disturbing activities at and around the reinterred resource site. If disturbances to that location — and potentially to the depth of eight feet — cannot be avoided, the applicant shall work with the Cabazon Band of Mission Planning Indians regarding the possibility of moving the cremation remains to a different portion of the project area, and shall demonstrate to the City in writing that this agreement has Department been executed and undertaken to the Tribe's satisfaction. The project applicant shall QualifiedDuring record a permanent 10-foot by 10-foot easement at the reinterred site at the southwest Archaeologist grading and corner of the project, in favor of the Cabazon Band of Mission Indians concurrent with Developer other Less than significant recordation of the Parcel Map. ground In the event that potentially significant archaeological materials are discovered, all Approved Native disturbing work must be halted in the vicinity of the archaeological discovery until the American activities archaeologist can assess the significance of the find, and its potential eligibility for Monitor listing in the California Register of Historical Resources (CRHC). Should buried Developer cultural deposits be encountered, the monitor may request that destructive construction halt in the vicinity of the deposits, and the monitor shall notify a qualified archaeologist (Secretary of the Interior's Standards and Guidelines), within 24 hours, to investigate. Additional consultation with the tribes may be required. VII. Geology GEO-1: Overexcavation and Recompaction — Building and Foundation Areas and Soils Planning To reduce post -construction soil movement and provide uniform support for the Department buildings and other foundations, overexcavation and recomposition within the proposed building footprint areas should be performed to a minimum depth of at least Project Soil twelve (12) inches below existing grades. The actual depth of the overexcavation and Engineer During Less than significant recompaction should be determined by the geotechnical field experts during construction construction. The exposed subgrade at the base of the overexcavation should then be scarified, moisture -conditioned as necessary, and compacted. The overexcavation and Project recompaction should also extend laterally five feet (5') beyond edges of the proposed Construction footing or building limits. Any undocumented fill encountered during grading should Contractor be removed and replaced with Engineered Fill. This will apply to Buildings 1, 4, 5, and 199 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 14 Section Mitigation Measures Responsible for Monitoring Timing Impact after Mitigation 6. For Buildings 2 and 3, recommendations presented in the Geotechnical Engineering Investigation should be followed. Overexcavation and Recompaction — Proposed Parking Areas To reduce post -construction soil movement and provide uniform support for the proposed parking and drive areas, overexcavation and recompaction of the near surface soil in the proposed parking area should be performed to a minimum depth of at least twelve (12) inches below existing grades or proposed subgrade, whichever is deeper. The actual depth of the overexcavation and recompaction should also extend laterally at least three (3) feet beyond edges of the proposed paving limits or to the property boundary. Any undocumented fill encountered during grading should be removed and replaced with Engineered Fill. Any buried structures encountered during construction should be properly removed and the resulting excavations backfilled with Engineered Fill, compacted to a minimum of 95 percent of the maximum dry density based on ASTM Test Method D1557. Excavations, depressions, or soft and pliant areas extending below planned finished subgrade levels should be cleaned to firm, undisturbed soils and backfilled with Engineered Fill. Concrete footings should be removed to an equivalent depth of at least 3 feet below proposed footing elevations or as recommended by the Soils Engineer. Any other buried structures encountered, should be removed in accordance with the recommendations of the Soils Engineer. The resulting excavations should be backfilled with Engineered Fill. A representative from a professional geotechnical firm should be present during all site clearing and grading operations to test and observe earthwork construction. This testing and observation is an integral part of the service as acceptance of earthwork construction is dependent upon compaction of the material and the stability of the material. The soils engineer may reject any material that does not meet compaction and stability requirements. XIII. Noise NOI-1: The project construction contractor shall equip all construction equipment, Planning During fixed or mobile, with properly operating and maintained noise mufflers, consistent Department Less than significant with manufacturer's standards. construction 200 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 15 Section Mitigation Measures Responsible for Timing Impact after Monitoring Mitigation Project Construction Contractor Planning Department NOI-2: The project construction contractor shall locate staging areas away from off- During Less than significant site sensitive uses during project development. Project construction Construction Contractor Planning Department N0I-3: The project construction contractor shall place all stationary construction During equipment so that emitted noise is directed away from sensitive receptors nearest the Project construction Less than significant project site whenever feasible. Construction Contractor N0I-4: Once final plans are available to detail the exterior wall construction and a Planning window manufacturer has been chosen, a Final Acoustical Report (FAR) shall be Department Once final submitted to the City to demonstrate the reduction capability of the exterior facades plans are Less than significant and to identify any specific upgrades necessary to achieve an interior noise level of 45 Project available dBA CNEL or below. Applicant Planning N0I-5: Should the commercial retail development plan be picked for PA2, the project Department Prior to proponent shall include prohibition on deliveries to Shops 1, Shops 2 and Pad C during occupancy Less than significant the hours of 9 p.m. to 8 a.m. in the project CC&Rs shall be submitted to the City Project of buildings Attorney's office for review and approval prior to issuance of building permits. Applicant Planning Prior to Department issuance of N0I-6: The use of heavy equipment is prohibited within 15 feet of existing demolition Less than significant commercial structures, unless the provisions of NOI-7 are first implemented. Project or grading Applicant permits 201 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 16 Section Mitigation Measures Responsible for Monitoring Timing Impact after Mitigation NOI-7: If heavy equipment is necessary within 15 feet of existing structure the following actions shall be implemented prior to issuance of grading permits : o Identify structures that could be affected by ground -borne vibration and would be located within 15 feet of where heavy construction equipment would be used. This task shall be conducted by a qualified structural engineer as approved by the City's Director of Community Development or designee. o Develop a vibration monitoring and construction contingency plan for approval by the City's Director of Community Development, or designee, to Planning Prior to identify structures where monitoring would be conducted; set up a vibration Department issuance of monitoring schedule; define structure -specific vibration limits; and address demolition Less than significant the need to conduct photo, elevation, and crack surveys to document before and after construction conditions. Construction contingencies would be Project or grading identified for when vibration levels approached the limits. Applicant permits o At a minimum, monitor vibration during initial demolition activities. Monitoring results may indicate the need for more intensive measurements if vibration levels approach the 0.2 PPV (in/sec) threshold. o When vibration levels approach the 0.2 PPV (in/sec) limit, suspend construction and implement contingencies as identified in the approved vibration monitoring and construction contingency plan to either lower vibration levels or secure the affected structures. 202 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 17 Environmental Checklist and Discussion: The following checklist evaluates the proposed project's potential adverse impacts. For those environmental topics for which a potential adverse impact may exist, a discussion of the existing site environment related to the topic is presented followed by an analysis of the project's potential adverse impacts. When the project does not have any potential for adverse impacts for an environmental topic, the reasons why there are no potential adverse impacts are described. Potentially Less Than Less Than No 1. AESTHETICS — Except as provided in Public Significant Significant Significant Impact Resources Code Section 21099, would the project: Impact with Mitigation Impact Incorporation a) Have a substantial adverse effect on a scenic ❑ ❑ ® ❑ vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ❑ ® ❑ outcroppings, and historic buildings within a state scenic highway? c) In non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible ❑ ❑ ® ❑ vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning or other regulations governing scenic quality? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime ❑ ❑ ® ❑ views in the area? Sources: La Quinta 2035 General Plan Update, 2013; La Quinta 2035 General Plan Update Environmental Impact Report, 2013; La Quinta Municipal Code, Google Maps, Street View. Setting: Scenic Vistas The topography of the region progresses from the flat desert floor, where La Quinta is located, to the top of mountaintops that rise over 10,000 feet. The contrast between the flat desert landscape and the mountain peaks surrounding it provides views and picturesque landscapes for residents and visitors. The City of La Quinta is located adjacent to the Santa Rosa Mountains to the west and south, which reach 8,717 feet at Toro Peak (southwest of the City). Areas beyond the City boundaries include the San Jacinto Mountains to the northwest, the San Gorgonio Mountains to the northwest, the Little San Bernardino Mountains to the northeast and east, and Indio Hills to the north. Image Corridors According to the La Quinta General Plan, the scenic resource that can be viewed from the City's public rights -of - way provide some of the most beautiful views in the Coachella Valley and add significantly to the community's quality of life. The City's scenic resources include the coves within the foothills, the expansive views of the Santa Rosa Mountains, the streetscapes, parkway easements along roads, and rural areas. Threats to scenic image corridors include inappropriate and unattractive land uses, unattractive or inadequate landscaping, inadequately buffered parking, excessive or inappropriate signage, high walls and berms that block walls, and overheard powerlines that degrade views. According to Exhibit II-4 of the La Quinta General Plan, Fred Waring Drive and Jefferson Street, adjacent to the Jefferson Square Specific Plan area, are designated as Image Corridors. Visual Character 203 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 18 The existing visual character of the City is suburban. The incorporated portion of La Quinta exemplifies the suburban visual character, comprised of residential neighborhoods, commercial shopping centers, office parks, golf courses, parks and community facilities built along landscaped boulevards with curb, gutter and sidewalks. Buildings tend to be low-rise, which preserves views of the surrounding mountains from private and public lands. An interconnected street system provides accessibility throughout the City, and, for the most part, streets are developed with sidewalks, curbs, and gutters. Landscaping along rights -of -way provides visual relief from the built environment and enhances the visual character of the community (LQGP EIR, page III-5). Light and Glare Existing light and glare within the City are produced in areas such as the commercial centers at the Fred Waring Drive and Jefferson Street intersection. Residential neighborhoods and communities produce low ambient lighting in the area. Additional sources of light include the existing park's recreational facilities, vehicular traffic, and traffic signals at the Fred Waring Drive and Jefferson Street intersection. a) Less Than Significant Impact. The perception and uniqueness of scenic vistas from a particular setting vary according to location and surrounding context. According to the La Quinta 2035 General Plan Update (GPU), development within the City limits is generally built at lower densities, and buildings throughout the planning area tend to be low rise structures. Views of local mountains and scenic vistas throughout the incorporated portions are generally good, however views are also influenced by suburban development, which includes the presence and intensity of man-made neighboring improvements (e.g., structures, overhead utilities and vegetation). The massing of structures and vegetation in the project area and surroundings interacts with the region's natural landscape and can obstruct or compliment the scenic vistas. The evaluation of scenic vistas takes into consideration the physical compatibility of proposed projects in relation to land uses, transportation corridors, or other vantage points, where the enjoyment of unique vistas may exist, such as residential areas or scenic roads. Within the City, scenic vistas include views of natural features, including the Santa Rosa, San Jacinto, and Little San Bernardino Mountains. The development of new manmade structures, including buildings, streets, signage, walls, and landscaping has the potential to replace or disrupt views of the surrounding natural landscape (2035 General Plan Update). As stated in the Project Description, the Jefferson Square Specific Plan area encompasses approximately 10.27 acres at the southwest corner of Fred Waring Drive and Jefferson Street. The northern 5.17 acres of Jefferson Square (PA1) include developed commercial buildings (attached and detached), including CVS Pharmacy, Dutch Bros Coffee, and salon services, occupying approximately 39,000 square feet of building area. The southern 5.10-acres of the Jefferson Square Specific Plan area (PA2) has been disturbed and includes two vacant, graded pads and a paved parking lot. The graded pads are currently undeveloped with exposed soil and sparse vegetation growth. The western -most graded pad is surrounded by chain link fencing. The second pad is located along the southern property boundary. The remainder of PA2 operates as a paved parking lot with landscaped medians. SPA No. 3 allows the development of up to 95 units, or the development of up to 47,500 square feet of commercial retail in PA2. No changes to the developed area in PA are proposed in SPA No. 3. Due to the project's location in the northern portion of the City, views of the regional mountain ranges are distant and largely obstructed by existing structures, infrastructure, and landscaping. From the Jefferson Square Specific Plan and surrounding public viewsheds (i.e., Jefferson Street and Fred Waring Drive), the Little San Bernardino Mountains to the north and northeast are distant and obstructed by the existing landscaping, commercial buildings, street and light posts, and electricity power poles. The San Jacinto Mountains to the west are distant and largely obstructed by existing structures and landscaping, however, the mountain peak is visible from the project depending on viewpoint location. The Santa Rosa Mountains to the south are largely obstructed by existing residential buildings and landscaping. Similar to the San Jacinto Mountains, peak views of the Santa Rosa Mountains are visible from some areas within the project, depending on location of landscaped trees. The exhibits below illustrate the existing views of the surrounding scenic vistas (i.e., mountains), when viewed from the project site (source, Google Maps). 204 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 19 Exhibit I-2 Little San Bernardino Mountain (north) from PAl �y Y 205 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 20 Exhibit 1-4 Santa Rosa Mountains (south) As illustrated in the exhibits above, the existing views of the Little San Bernardino, San Jacinto, and Santa Rosa Mountains are distant and largely obstructed by existing commercial and residential structures, landscaping (i.e., mature trees), and manmade infrastructure (i.e., parking lot light posts, signs, electricity power poles, etc.). However, peak views of these mountains are visible depending on viewpoint location, such as areas where there is a visual break between the existing structures and landscaping. SPA No. 3 would allow the development of PA2 as a multifamily residential community consisting of up to 95 units. Associated improvements include paved drive aisles, covered parking stalls, and parking spaces, pedestrian pathways, and landscaped features. The residential units could be developed as one-, two-, and three-story apartments, condominiums, and townhomes, in accordance with the development standards and design guidelines of SPA No. 3. As stated in the project description, an SDP proposes the development of 89 multifamily residential units in 6, two- to three-story buildings. The following analysis evaluates the multifamily residential development, as proposed under the SDP. Building 1 is located on the western side of the project, on the vacant and graded pad, and will consist of a three-story, slab -on -grade, wrap -around building. Buildings 2 206 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 21 and 3 are located east of Building 1 and will consist of two rows of three-story, three -bedroom townhomes. Buildings 4,5, and 6 are located south of Buildings 2 and 3 and will contain two-story, three -bedroom units, and three-story, three -bedroom units. All townhomes, per the SDP, include an attached two -car garage. Currently, the maximum building height allowed in the project area, as established by the existing Specific Plan, is 35 feet. SPA No. 3 proposes a maximum building height of 43.75 feet in PA2, which is in conformance with the City's MU Mixed Use Overlay Regulations. It should be noted, however, that SPA No. 3 limits the maximum structure height within 75 feet of the southern property line, where adjacent to single family residential, to 28 feet. The impacts of the building height increase in PA2 of the Specific Plan area would result in taller structures to allow for the two- to three-story multifamily buildings. The exhibit below illustrates the buildings proposed under the SDP and includes a three-story apartment building and two- and three-story townhouse elevations. Exhibit I-5 Building 1 East Elevation Exhibit I-6 Building 5 and 6 South Elevation 0 Q E ■r i/■ M i 111: s r As previously stated, the views of the surrounding scenic vistas are limited by existing development. The following discussion analyzes the views of the scenic vistas from public viewsheds north, east, south, and west of the project as well as the impact of the SPA area (i.e., the 10.27-acre Jefferson Square area) and the multifamily project in PA2 on scenic vistas. Views from the Northern Properties/Public Viewsheds: Public viewshed locations north of the Specific Plan area occur along Fred Waring Drive. Single family residential properties lie north of Fred Waring Drive, however, views from these properties are private and obstructed by existing block walls and landscaping. From the northern viewpoint location (i.e., Fred Waring Drive), the Santa Rosa Mountains to the south are largely obstructed by existing buildings in PA1, landscaping, and additional infrastructure. However, some views of the Santa Rosa Mountains are visible in-between buildings. PA1 is currently developed and would not result in impacts to the scenic vista witnessed along Fred Waring Drive. PA2 is proposed south of the existing commercial uses in PA1; thus development of the project site could obstruct views of the Santa Rosa Mountains to the south. The 207 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 22 residential 2- to 3-story buildings would briefly obstruct views of the Santa Rosa Mountains from pedestrians and motorist traveling along Fred Waring Drive and through the parking lot of PAL However, this view is currently largely obstructed by existing commercial structures, landscaping, including mature trees, and the residential roofs of the existing Monticello single family homes. Moreover, relief between buildings would provide views of the mountains to the pedestrians and motorists. It should also be noted that the primary scenic vistas observed from Fred Waring Drive includes the San Jacinto Mountains when traveling westbound, and the Little San Bernardino Mountains when traveling eastbound. The project will not obstruct views of these mountains due to its orientation south of Fred Waring Drive. Views from the Eastern Properties/Public Viewsheds: Viewshed locations east of the Specific Plan area occur along Jefferson Street and the commercial area east of Jefferson Street. From this location, views of the San Jacinto Mountains to the west are largely obstructed by existing commercial buildings, manmade structures and landscaping. Depending on viewpoint location, midrange and peak views of the San Jacinto Mountains are visible between existing structures and trees. PA1 in the Specific Plan area would not result in further obstructed views of the scenic vistas because development is not proposed in PA1 as part of the project. However, SPA No. 3 allows the development of PA2 to include 47,500 square feet of commercial retail or up to 95 multifamily units and associated amenities and improvements. The proposed multifamily buildings would result in the obstruction of scenic vistas to the west, when observed from Jefferson Street (east). The lower slopes of the San Jacinto Mountains would be obstructed by the project when viewed from the eastern properties, but peak views would be visible in areas where relief between buildings and trees occur. Additionally, the primary scenic vistas observed by motorists and pedestrians traveling along Jefferson Street include the Little San Bernardino Mountains from the northbound lanes, and the Santa Rosa Mountains from the southbound lanes. The project would not obstruct the views of the primary scenic vistas when viewed from Jefferson Street's north- and south -bound lanes. Views from the Southern Properties/Public Viewsheds: Viewshed locations south of the Specific Plan area occur within the Monticello residential development, located immediately south of the project site. Currently, the existing residences have limited views to the north due to the presence of the six-foot wall and up to 30-foot-tall trees. Additional obstructions include existing light posts associated with the Jefferson Square Specific Plan and electricity power lines along Fred Waring Drive. Distant views of the Little San Bernardino Mountain peaks can be seen from some locations at the south -lying properties. However, as previously stated, these views are interrupted by mature trees and existing infrastructure. As stated throughout, PA1 is currently developed, and no changes are proposed. However, SPA No. 3 allows the development of up to 95 residential units within PA2. These residential units could occur within two-, and three-story buildings. PA2 abuts the backyards of approximately seven of the Monticello residential properties. The development of the proposed multifamily units would result in some obstructions to the Little San Bernardino Mountains when viewed from the backyards of the private residences and along Memorial Place (in between the residential houses). These homes are located at a lower elevation relative to the SPA No. 3 property and have 6-foot-tall screen walls. SPA No. 3 limits the maximum structure height within 75 feet of the southern property line, where adjacent to single family residential, to 28 feet. As a result, the SDP plan proposes 2-story townhomes set back approximately 70 feet from the closest single family residence. Moreover, the SDP proposes landscaping along the project's southern boundary, including a 165 foot long, 12- to 15-foot-tall hedge between two of the single family homes and Buildings 5 and 6 for additional screening purposes. See Exhibits I-7 through I-12 for visual simulations generated from the southern properties, and the proposed location of landscaped hedge, as proposed in the SDP. The proposed landscaping will act as a screen for the proposed multifamily residential structures at the southeastern boundary of the property and preserve privacy for the existing and proposed residences. 208 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 23 Additionally, the development of the buildings could extend up to 43.75 feet in height, which would be taller than the surrounding structures and would result in obstructed views for viewers to the south compared to existing conditions. It is important to note that Buildings 1, 4, 5 and 6 are proposed in the same locations where previous commercial buildings were approved under SPA No. 2 at heights of up to 35 feet tall. Additionally, SPA No. 3 limits the maximum structure height within 75 feet of the southern property line, where adjacent to single family residential, to 28 feet. Building I would be located approximately 133.7 feet from the property boundary (i.e., existing block wall). The 3-story townhomes in Buildings 2 and 3 are proposed approximately 128.3 feet north of the single-family residential building to the south. Overall, the multifamily buildings will result in a new obstruction to the Little San Bernardino Mountains when viewed from the backyards of the single-family residences to the south. Building height restrictions and landscaping are proposed to reduce impacts to the scenic vistas. Exhibits 1-8 through I -I I illustrate before and after images from the right-of-way, Memorial Place (Locations I — 3) and one location from the backyard of a private residence (Location 4). As illustrated, the building and rooflines are visible from Memorial Place (Locations 1 and 3). From Location 4, the roofline is visible, however, the building fagade is not visible from the private backyard. The proposed landscaping (including hedges) along the property's southern boundary acts to extend the private residence's existing landscaping, while adding screening for privacy. Therefore, impacts of the buildings to the south -lying properties will be less than significant. Exhibit I-7 Location Key Map 209 ►} Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 24 Exhibit I-8 Location 1 Before and After 41,V1.1"i 'F 210 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 25 *No change here due to the location between Building 1 and 3, resulting in visual relief between buildings. 211 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 26 Exhibit I-10 Location 3 Before and After 212 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 27 Exhibit I-11 Location 4 Before and After 213 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 28 Exhibit I-12 Fences and Walls Plan r> WU arm Wi F e LW+ib � i E•IY.Ey NOW"F�"b L1.Il wY orEe Nr.sxl' nlxe i EvsugFaw LAN xA w4ii .i�un r.y;� Y[•'V xlr>n ann � Hwrr i� �' 40n i rm I'Nll wl wm rl.ilr.] n.ien:u nui * wurV +aW ]tlh.[m� yrere i f'f-'�i¢+rt*xn�n: an MI.HH IyIlrfn _ da5. leme��rrhvfp�er r ��F n�soW�ne �Im Tln� IIIIIIIIII ei�rluilrl��ue puluu�rl[r e� . W�moxndf a]o�rJorvnitYFa YnlC do G•FF 4CnNaYF{`y -lMG gpWR11Pi; �E Ltn� of,�ti��yt ry nrr��m�caoau_vcws nNa SKMON -: PROP05E9 FFHD5C.K SCFIE[HFH� PpPa )&CCHT HTICHPQA4 Ins - SECTION A: PROPOSED LANDSCAPE SCREENING FOR ADJACENT NEIGHBORS mow secrloN tre- = 7-a Views from the Western Properties/Public Viewsheds: Viewpoint locations west of the Specific Plan area occur at Monticello Park, along Monticello Avenue (west of the park), and residential properties (west of Monticello Avenue). From these locations, views of the Little San Bernardino Mountains to the northeast are distant and largely obstructed by existing mature trees throughout Monticello Park, as well as the commercial structures and landscaping associated with the Jefferson Square Specific Plan area. The ultimate construction of a multi -family community on the site would result in the limited obstruction of views from the public viewpoint west of the project. Project development could result in a three-story apartment building that would result in short-range view blockage when observed from Monticello Park. 214 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 29 Views to the east, however, do not include scenic vistas, as mountain ranges are too distant to be observed at this location. Further, Monticello Park is at a lower elevation than the site, and already includes limited views to the east. The views of the Little San Bernardino Mountains from southwest of the project, to the northeast, are largely obstructed by the existing commercial buildings and landscaping located within PAL Additionally, the primary scenic vistas observed from the southwestern properties include the Little San Bernardino Mountains to the north and the Santa Rosa Mountains to the south. Development of the proposed project will not obstruct views of the Little San Bernardino Mountains to the north or Santa Rosa Mountains to the south. Views to the north, west and south from Monticello Park would not be impacted by the proposed project due to the project's orientation east of Monticello Park. As previously stated, PA 2 includes the option to develop a commercial retail project, if the residential units are not constructed. If the commercial retail development plan is chosen, PA2 would develop 42,500 square feet of retail on Parcel 6 and 5,000 square feet of retail on Parcel 7, as contemplated in Amendment No. 2 and Environmental Assessment 2002-462. Per the analysis in EA 2002-462 for the commercial retail development plan, the commercial retail project in PA2 would not impact scenic vistas because the Specific Plan meets the standards for height and setbacks in Image Corridors. Overall, development of the project would result in some impacts to the views observed from the public viewsheds (i.e., the Jefferson Street right-of-way and from the backyards of the south -lying residences), however, peak views of the mountains would remain visible to motorists, pedestrians, and residences depending on viewpoint location. Thus, impacts to scenic vistas would be less than significant. Mitigation: None b) Less Than Significant Impact. A review of the California Scenic Highway Mapping System website revealed that the project is not located adjacent to or near any state or county, eligible or designated scenic highway. As such, the proposed site plan, architectural design, and landscaping design would not result in adverse impacts to scenic resources within a state scenic highway. The project site is not located along or near an existing or proposed state scenic highway or locally designated scenic highway. The closest designated scenic highway is State Route 74 (SR 74), which is located approximately 7.10 miles southwest of the project site. Independent of the Caltrans Scenic Highway Program, the Circulation Element of the La Quinta 2035 General Plan Update (GPU) identifies roadways that are considered Image Corridors. Fred Waring Drive, north of the project, and Jefferson Street, east of the project, are designated as Image Corridors (GPU Exhibit II-4). Image corridors, as defined by the GPU, are City public rights -of -way that provide views of scenic resources and the natural landscape. These views may be threatened by inappropriate and unattractive land uses and landscaping, inadequately buffered parking, excessive or inappropriate signage, high walls and berms that block views and overhead power lines that degrade views. Per the site plan in the SDP, the three-story residential buildings will be visible from Jefferson Street, however, they will be set back approximately 170 feet (Building 3) and 100 feet (Building 4 and 6). According to Section 9.90.040 of the La Quinta Municipal Code, building heights should not exceed 22 feet for all buildings within 150 feet of any image corridor. SPA No. 3 proposes to revise this standard to 28 feet in building height within 150 feet of an image corridor. Building 3 is the only building located within 150 feet of Jefferson Street and proposes 2- and 3-story townhouses. The proposed building height is 28 feet (see Exhibit I-6 above). The increased building heights may result in reduced views of the surrounding mountain ranges when viewed along Fred Waring Drive (north) and Jefferson Street (east). As stated in discussion a) above, development of PA2 would partially obstruct views of the San Jacinto Mountains (west) when viewed from Jefferson Street, and the Santa Rosa Mountains (south) when viewed from Fred Waring Drive. However, 215 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 30 as stated in discussion a), the scenic resources can be viewed between building breaks. Discussion a) also states that the primary views observed along Fred Waring are the San Jacinto Mountains from the westbound lanes, and the Little San Bernardino Mountains from the eastbound lanes. Additionally, the primary views observed from Jefferson Street include the Little San Bernardino Mountains from the northbound lane, and the Santa Rosa Mountains from the southbound lanes. Therefore, the project would not impact the views of the natural landscape when witnessed along the public rights -of -way. SPA No. 3 includes the option to develop a commercial retail development, if the residential units are not built. If the commercial retail development plan is chosen, PA2 would develop 42,500 square feet of retail on Parcel 6 and 5,000 square feet of retail on Parcel 7, as contemplated in Amendment No. 2 and Environmental Assessment 2002-462. Per the analysis in EA 2002-462 for the commercial retail development plan, the commercial retail project in PA2 would not impact Image Corridors because the Specific Plan meets the standards for height and setbacks in Image Corridors. Additionally, no scenic resources, such as groves of trees, rock outcroppings, or historic buildings are located on the project site. Therefore, there will be less than significant impacts to scenic resources. Mitigation: None c) Less than Significant Impact. According to the La Quinta General Plan Update Environmental Impact Report (GPU EIR), the existing visual character of the City can be characterized as both suburban and rural. The incorporated portion of the City, including the project site, is located in the suburban/urban context, which is influenced by typical urban land uses, including residential neighborhoods, commercial shopping centers, parks and community facilities. These land uses are built along landscaped boulevards with curb, gutter and sidewalks. The Specific Plan area is surrounded by existing residential developments to the north, west, and south, a park to the west, and commercial developments to the east. The approximately 10.27-acre Specific Plan area is currently located within the City's Neighborhood Commercial (CN) zoning designation. CN zones are typically intended to provide for the development and regulation of small-scale commercial areas. The site is also located under a Mixed -Use (MU) Overlay district, which is intended to facilitate the development of mixed -use projects that include both multifamily residential and commercial components. The MU overlay district and the provisions of this section apply to CN zones. SPA No. 3 allows the development of multifamily buildings, consisting of up to 95 units at a maximum height of 43.75 feet in PA2, which exceeds the standard of 35 feet. The project will provide residential uses in proximity to existing neighborhood commercial uses. The proposed residential buildings are compatible with the existing CN and MU zoning. SPA No. 3 provides the design guidelines and development standards for the Specific Plan area. The design guidelines and development standards for PA 1 did not change in SPA No. 3 because PA 1 is fully developed, and no changes are proposed as part of the SPA No. 3. PA2 is a designated mixed use development zone which permits the development of commercial or multifamily uses. As such, SPA No. 3, Sections IV. and V. provide commercial and multifamily land use and development regulations as well as design guidelines for PA2. Table I-1 below indicates the multifamily development standards for PA2 as proposed in SPA No. 3. The table also compares the proposed standards to the existing CN zone and the approved SPA No. 2. 216 - Development Standard Min. / Max. development intensity (du/ac) Minimum project size (acre) Maximum building width (ft.) Minimum building separation (ft.) Maximum structure height (ft.) Max structure height within 150 ft. of Jefferson Street (ft.)(z) Max structure height within 75 ft. of southern property line where adjacent to single-family residential Maximum number of stories Maximum number of stories within 75 ft. of southern property line where adjacent to single-family residential Minimum livable area excluding garage (sq. ft.) One -bedroom apartment Two -bedroom apartment Three -Bedroom plus apartment Townhome or Condo Minimum common open area (% of net project area)(4) Active recreation area (% of common open area)(') Maximum lot coverage (% of net lot area)(0 Building Setbacks(7) From Jefferson Street Interior property lines within Specific Plan Area From residential and PR districts(l) Landscape Setback From Jefferson Street Interior property lines within Specific Plan Area From Open Space/Park Districts From residential districts(') Private garage minimum interior dimensions Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 31 i aaie i-i arA uom arison i anie Proposed SPA No.3 CN Zone (Multifamily) JJ SPA No. 2 Difference 12/24 -- N/A 1 -- N/A 300 -- N/A 6 -- N/A 43.750) 35 8.75 28(3) 22 6 28 -- N/A 3 2 CN 1 1 SPA No. 2 2 -- N/A 600 -- N/A 800 -- N/A 1,000 -- N/A 1,200 -- N/A 30 -- N/A 30 -- N/A 60 -- N/A 30 ft. 30 ft. 0 0 ft. 0 ft. 0 30 ft. 30 ft. 0 20 ft. 20 ft. 0 0 ft. 0 ft. 0 15 ft CN 5 ft. minimum 15 ft. Single -car garage: Wall to wall dimensions of 10 ft. in width by 20 ft. in depth. Two -car garage: Wall to wall dimensions of 10 ft. in width by 20 ft. in depth for standard stalls. 9 ft in width by 18 ft in depth for compact stalls 0-10 ft 5 ft. SPA No. 2 15 ft. 0 Two -car Wall-to-wall dimensions garage: 2 shall be based on providing ft. in depth 10 ft. in width and 20 ft. in and 1 ft. in depth, per required vehicle width for parking space compact stalls 217 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 32 Minimum Off -Street Parking Requirement Studio 1 covered space per unit, plus 1 covered space per unit, 0 0.5 guest spaces per unit plus 0.5 guest spaces per unit One -bedroom 1 covered space per unit, plus 2 covered spaces per unit, 1 0.5 guest spaces per unit plus 0.5 guest spaces per unit Two -bedroom 2 covered spaces per unit 2 covered spaces per unit 0 plus 0.5 guest spaces per unit plus 0.5 guest spaces per unit 2 covered spaces per unit 3 covered spaces per unit Three -bedroom plus 0.5 guest spaces per unit plus 0.5 covered spaces per 1 each bedroom over three 3 covered spaces per unit 3 covered spaces per unit Four or more bedroom plus 0.5 covered spaces per plus 0.5 covered spaces per 0 each bedroom over three, each bedroom over three, plus 0.5 guest spaces per unit plus 0.5 guest spaces per unit Senior Housing 1 covered space per unit, plus 1 covered space per unit, 0 0.5 euest spaces tier unit plus 0.5 guest spaces tier unit Notes: (1) Per Section 9.140.090 of the LQMC, a mixed -use project may be up to 25 percent more in height than in a base district. Consistent with Section 9.140.090, Table 7 proposes a maximum building height of 43.75 feet (25 percent more than the allowed building height of 35 feet in Neighborhood Commercial Districts) for the mixed -use project in PA2. Architectural appendages, such as a tower, can extend up to 48 feet. (2) 150 ft. measurement shall be from the street right-of-way. (3) Not including up to 10% of the building mass, which may extend up to 36 feet. (4) Common open area equals percent of net project area. Common open area shall consist of passive landscaped and active recreation area, and excludes parking lot landscaping. Rights -of -way, parking areas, private patios, private yards and slopes steeper than twenty percent (20%) shall not count toward the common open area requirement. "Net project area' means all of the land area included within a development project excepting those areas which are designated as primary vehicular circulation driveways, drive aisles, parking areas, stormwater retention system (above and underground), public parks, and other uses or easements which preclude the use of the land therein as part of the development project. (5) Active Recreation Area equals the percent of common open area suitable for active recreational uses such as: swimming pool, spa and related facilities; clubhouse; tot /at with play equipment, court game facilities such as tennis, basketball or racquetball, improved softball or other playfields; or similar facilities for active recreational use. (6) Lot coverage means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area' means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included and "net lot area" means the horizontal land area within a lot expressed in square feet, acres, or other area measurement. (7) Number given is minimum building setback depth from the Street right-of-way. In addition to the required landscape setback, the building setback may contain parking driveways, and similar facilities. (8) The number given is the minimum landscaped depth from the street right-of-way. The remaining building setback may contain parking, driveways, and similar facilities. Section 9.90.040 of the La Quinta Municipal Code requires that building within 150 feet of any general plan image corridor and major or primary arterials not exceed 22 feet in height. Table 7 in SPA No. 3 revises this standard to 28 feet within 150 feet of an image corridor to allow for architectural features and enhancements. RES 4 and RES 6 are the only buildings located within 150 feet o f Je f ferson Street and proposes 2-story townhomes. The primary building structure height is 22 feet, however, the decorative roof/cap extends an additional six feet for a total height of 28 feet. The decorative roof is an architectural feature that adds to the aesthetic value of the project. In general, with a few exceptions, Table 1-1 shows that the multifamily development standards specified in SPA No. 3 conform with those of the CN zone and SPA No. 2. The SPA No. 3 proposes a multifamily maximum building height of 43.75 feet. The CN zone and SPA No. 2 development standards allow for a maximum 35-foot building height. However, per Section 9.140.090 of the LQMC, a mixed -use project may be up to 25 percent more in height than in a base district. Consistent 218 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 33 with Section 9.140.090, SPA No. 3 proposes a maximum building height of 43.75 feet (8.75 feet or 25 percent more than the allowed building height of 35 feet in Neighborhood Commercial Districts) for the mixed -use project in PA2. Architectural appendages, such as a tower, can extend up to 48 feet. Thus, the proposed building heights are permitted by the LQMC. Although the LQMC allows the increased building heights in mixed -use areas, SPA No. 3 limits the maximum structure height within 75 feet of the southern property line, adjacent to single family residential, to 28 feet. This is done to minimize the visual impact observed from the southern residential properties. Additionally, SPA No. 3 requires landscape screening along the southern property line to provide further privacy for the neighboring residents. Exhibit I-11 above illustrates a before and after photo simulation of the proposed SDP buildings along the southern property line. Note that with the proposed landscape screening in place, the multifamily buildings have a minimal visual impact on the neighboring residences. Finally, the maximum structure height within 150 feet of Jefferson Street proposed for the project is 28 feet, while the CN/SPA No.2 currently states 22 feet. This area is subject to the Jefferson Street Image Corridor Standards. The increase in building height limits could result in taller buildings by 6 feet than the originally approved 22-foot maximum structure height within 150 feet of Jefferson Street. The increase of 6 feet for the proposed project allows for architectural features and enhancements. Residential buildings 4 and 6 are the only buildings located within 150 feet of Jefferson Street and both are proposed as two-story townhomes. Building 6 is the nearest to Jefferson Street at 103 feet from the property line. The primary building structure height is 22 feet; however, the decorative roof extends an additional six feet for a total of 28 feet. The decorative roof is an architectural feature that adds to the aesthetic value of the property by hiding the mechanical equipment (as required in LQMC Section 9.100.050(B), Screening) and creating a variety of rooflines onsite. The east/west orientation of these buildings minimizes the impact of this change in height to the width of the structures. Moreover, the new buildings will vary in height and will include various setbacks, scale and massing, similar to the existing commercial buildings in PAL 219 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 34 Exhibit I-14 Proposed and Existing Buildings I I lgl�htQ}MdkIL hR41VMfWY I obi •l4 CM0 I I _ I I +4:717.tj - - I i I � c iAl{A}'1MM tl6l FMVGItO .�Mridlf{ . • •�.. W�RMit IPNFdKti •• m•iiC� ILC $ nri -• mrTi rri G C ° EHn 0 ®o iL0 E Jin +• �1D.. lil ±E= LLU i ' 3_ +M Ja I D TE191 EIClelon�np Fn{tlP 3 I.�.rylbl� Table I-1 indicates that the multifamily building and landscape setback standards proposed in SPA No. 3 are the same as those in SPA No. 2; therefore, the project will be consistent with these standards as they affect scenic quality.. Per Table I-1, the minimum garage interior size varies slightly because it allows 9-foot wide and 18-foot deep spaces for compact stalls as well as standard sizes (10 feet width and 20 feet depth). The garage sizes will not result in impacts to the scenic quality because the size variation (1-foot width and 2-foot depth) is not enough to result in significant changes to the size of the garage. Finally, the project buildings would be required to comply with the Design Guidelines established in Section V of SPA No. 3. The design guidelines have been developed as a method of achieving a high quality and cohesive design character for the development of the Specific Plan area. They provide specific design criteria for the development of the project, and provide guidance to City staff, Planning Commission, and City Council in the review of construction plans for the project area. Section V establishes guidelines regarding building mass and scale, roof treatments, and architectural features, as they relate to commercial development or multifamily development. The design guidelines also establish standards for walls and fences and building materials and colors. The guidelines are established to ensure that the project would not result in degradation of the scenic quality in the area. Mitigation: None d) Less than Significant Impact. The proposed project is the existing Jefferson Square Specific Plan area in the City of La Quinta. The project property is surrounded by existing commercial buildings to the north, Jefferson Street to the east, residential buildings to the south, and a neighborhood park to the west. Existing sources of fixed nighttime lighting in the project's vicinity can be attributed to the existing commercial buildings, homes, traffic signals at the intersection of Jefferson Street and Fred Waring Drive, and ground 220 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 35 mounted parking lot light fixtures on the project site, as well as north and east of the project site. Individual home lighting typically consists of low -intensity, wall -mounted, downward -oriented fixtures in the patio, side and front yards of homes. Commercial lighting also consists of wall -mounted, downward -oriented fixtures along building frontages near entrances, and pole -mounted downward -oriented fixtures in the parking lot. Along Jefferson Street and Fred Waring Drive, nighttime vehicular circulation, traffic lights, and landscaping illumination contribute to the nighttime ambient lighting. Day -time glare can also be attributed to the existing vehicular traffic. SPA No. 3 allows for development of a multifamily residential community and associated parking spaces. In accordance with the SPA No. 3 design guidelines, exterior materials for the residential buildings will be consistent with the existing commercial buildings associated with the Jefferson Square Specific Plan. Materials will include stone facades, and stucco exterior walls. Building surfaces will not have highly reflective construction materials or other conditions that would cause substantial daytime or nighttime glare. The proposed building finishes, are expected to have low solar reflectivity. The project will provide various forms of lighting to adequately illuminate the parking areas, entrances, walkways, building frontages, and other project features for security purposes. According to the proposed SPA No. 3, exterior lighting, when used, should enhance the building design and the adjoining landscape, and should be of a design and size compatible with the buildings and adjacent areas. In compliance with Chapter 9.100.150 of the La Quinta Municipal Code, the proposed exterior lighting shall be shielded and located and directed so as not to shine directly on adjacent properties. Parking lot light poles will be equipped with a recessed lamp and a flush lens and shall not exceed a maximum height of 18 feet throughout the site in order to shield the parking light fixtures from adjacent land uses and control direct glare and light spill from those fixtures. According to the project photometric plan, the maximum foot candle (fc) within the project site is 6.7 fc in the parking lot. Along the project's southern boundary, the maximum foot candle will be 0.3, however, at the residential properties to the south, project -generated light will not exceed 0.0 fc. Along the western project boundary, the maximum foot candle will be 0.6 fc, however, at the western properties, project -generated light will not exceed 0.0 fc. Project lighting will be consistent with the standards established in the LQMC, and light from the project will not exceed 0.0 fc at adjacent properties. Therefore, less than significant impacts are expected. As previously stated, the project has the option to develop a commercial retail development plan as approved in SPA No. 2. If the commercial retail development plan is chosen, PA2 would develop 42,500 square feet of retail on Parcel 6 and 5,000 square feet of retail on Parcel 7, as contemplated in Amendment No. 2 and Environmental Assessment 2002-462. Per the analysis in EA 2002-462 for the commercial retail development plan, the commercial retail project in PA2 would include parking lot and security lighting. The City's lighting standards will apply, which require that all light be contained within the property. therefore onsite lighting impacts will be less than significant. Mitigation: None 221 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 36 2. AGRICULTURE AND FORESTRY RESOURCES— Potentially Less Than Less Than No In determining whether impacts to agricultural Significant Significant Significant Impact resources are significant environmental effects, lead Impact with Mitigation Impact agencies may refer to the California Agricultural Incorporation Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would theproject: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, El El Elor a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of forest land, timberland, or timberland ❑ ❑ ❑ zoned Timberland Production? d) Result in the loss of forest land or conversion of ❑ ❑ ❑ forest land to non -forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in ❑ ❑ ❑ conversion of Farmland, to non-agricultural use? Sources: La Quinta 2035 General Plan Update, 2013; La Quinta 2035 General Plan Update Environmental Impact Report, 2013; California Farmland Mapping and Monitoring Program, California Department of Conservation, 2016. Setting: The project site and the City of La Quinta General Plan area are characterized by the urban context, primarily consisting of residential and commercial developments. Per the La Quinta General Plan Environmental Impact Report (LQGP EIR), significant agricultural resources within the City of La Quinta no longer exist. However, agriculture is still an economic factor east of the incorporated boundary, within the City's Sphere of Influence. The La Quinta General Plan facilitates urban development on lands designated as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Farmland of Local Importance since agricultural production and have been designated for urban uses for some time. State Farmland Mapping and Monitoring Program The California Department of Conservation (DOC) established the Farmland Mapping and Monitoring Program (FMMP) in 1982 as a non -regulatory program that provides a consistent and impartial analysis of agricultural land use and land use changes throughout California. The FMMP produces maps and statistical data used for analyzing impacts on California's agricultural resources. Prime agricultural land is rated according to soil quality and irrigation status and identified by the following categories: Prime Farmland, Unique Farmland, Farmland of Statewide Importance, Farmland of Local Importance, Urban and Built -Up Land, and Other Land. Each category is described as follows: 222 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 37 • Prime Farmland: areas with both good physical and chemical attributes able to sustain long-term agricultural production. • Farmland of Statewide Importance: areas that have a good combination of physical and biological characteristics for producing food, feed, forage, fiber, and oilseed crops, and is available for these uses. • Unique Farmland: areas that produce crops of statewide importance; however, contain lower quality soils than those within Prime Farmland. • Farmland of Local Importance: lands generally without irrigation, and which produce dry crops that may be important locally but are not important for statewide agriculture production. • Urban Built -Up Land: areas occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10-acre parcel. • Other Land: areas of land not included in any other mapping category. According to the most recent (2016) FMMP, the most prominent categories within the City of La Quinta are Urban Built -Up Land and Other Land. Farmland of Local Importance and Unique Farmland are also present within the City limits, however, agricultural production within the City has been designated for urban uses. a-e) No Impact The proposed project is located in the Jefferson Square Specific Plan property and west of Jefferson Street in the City of La Quinta. The project site is currently disturbed and includes existing buildings, graded pads and parking lots with landscaped medians. The project is not located on lands zoned for agriculture and is not covered by a Williamson Act contract. There are no areas of forest land, timberland or timberland zoned Timberland Production. According to the Williamson Act 2016 Status Report, no portion of the land is within or near a recognized Williamson Act Contract area. There are no other agricultural areas or related zoning polices with which the proposed project would conflict. The project will not impact or remove any land from the County's agricultural zoning or agricultural preserve. Additionally, the 2016 California Farmland Mapping and Monitoring Program (FMMP) indicates that the property is designated as "Urban and Built-up Land", as established by the California Department of Conservation.. The surrounding land to the north, east, south, and west are also designated as Urban and Built-up Land. The FMMP land designation does not support agricultural uses. Moreover, the project site is located within a commercial land use and zoning designation established by the City of La Quinta. The project site is not located in an existing zone for agricultural use or classified as farmland. No forest land, timberland, or Timberland Production zone occurs on the project site or in the surrounding areas, largely because forest vegetation is uncharacteristic of the Coachella Valley's desert floor environment. Therefore, the proposed project will have no impact on agricultural or forestry resources. Mitigation: None 223 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 38 3. AIR QUALITY — Where available, the significance criteria established by the applicable Potentially Less Than Less Than No air quality management district or air pollution Significant Significant Significant Impact control district may be relied upon to make the Impact with Mitigation Impact following determinations. Would the project: Incorporation a) Conflict with or obstruct implementation of the ❑ ❑ ® ❑ applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an ❑ ❑ ® ❑ applicable federal or state ambient air quality standard? c) Expose sensitive receptors to substantial ❑ ❑ ® ❑ pollutant concentrations? d) Result in other emissions (such as those leading to odors adversely affecting a substantial ❑ ❑ ® ❑ number of people? Sources: Final 2022 Air Quality Management Plan (AQMP), by SCAQMD, December 2022; Final 2003 Coachella Valley PM10 State Implementation Plan (CVSIP), by SCAQMD, August 2003; Analysis of the Coachella Valley PM10 Redesignation Request and Maintenance Plan, by the California Air Resources Board, February 2010; South Coast AQMD Rule Book; California Emissions Estimator Model (CalEEMod) Version 2022.1, California Air Pollution Officers Association (CAPCOA) and California Air Districts; Jefferson Square Apartments Memorandum, Translutions, Inc., Nov. 21, 2022; Jefferson Square Specific Plan. Setting: Summary of Existing Air Quality Regulatory Framework: The project site and Coachella Valley are situated within the Riverside County portion of the Salton Sea Air Basin (SSAB), under jurisdiction of the South Coast Air Quality Management District (SCAQMD) and the adopted 2022 Air Quality Management Plan (2022 AQMP). The 2022 AQMP serves as a regional blueprint toward achieving the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) with the most current strategies to effectively reduce emissions, accommodate growth, and minimize any negative fiscal impacts of air pollution control on the economy. The 2022 AQMP also accounts for information and assumptions from the 2020 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) to support the integration of land use and transportation toward meeting the federal Clean Air Act requirements. Local air quality in relation to the applicable standards for criteria air pollutants is measured at three established Coachella Valley monitoring stations that are part of the SCAQMD 2022 Annual Air Quality Monitoring Network Plan: Palm Springs (AQS ID 060655001), Indio (AQS ID 060652002), and Mecca (Saul Martinez - AQS ID 060652005). The 2022 AQMP also provides guidance for the State Implementation Plans (SIP) for attainment of the applicable ambient air quality standards. The Coachella Valley region is in non -attainment for Particulate Matter (PM10) and Ozone (03), which are described below. Particulate Matter (PM10): PM10 is a criteria air pollutant consisting of particulate matter (airborne particles) with an aerodynamic diameter of up to 10 microns. In terms of health effects, elevated levels of ambient particulate matter are linked to increases in respiratory infections, number and severity of asthma attacks, the number of hospital admissions, and mortality rates. As indicated in the 2022 AQMP, the Coachella Valley is currently designated as a serious nonattainment area for PM10. 224 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 39 PM10 levels in the Coachella Valley are largely attributed to sources of fugitive dust (e.g. construction activities, re -entrained dust from paved and unpaved road travel, and natural wind-blown sources). The Coachella Valley is subject to frequent high winds that generate wind-blown sand and dust, leading to high episodic PM10 concentrations, especially from disturbed soil and natural desert blow sand areas. The Final 2003 Coachella Valley PM10 State Implementation Plan (CVSIP) was approved by the U.S. Environmental Protection Agency (EPA) on December 14, 2005. It incorporated updated planning assumptions, fugitive dust source emissions estimates, mobile source emissions estimates, and attainment modeling with control strategies and measure commitments. Some of those measures are reflected in SCAQMD Rules 403 and 403.1, which are enacted to reduce or prevent man-made fugitive dust sources with their associated PM10 emissions. On February 25, 2010, the ARB approved the 2010 Coachella Valley PM10 Maintenance Plan and transmitted it to the U.S. EPA for approval. Ozone and Ozone Precursors: Ozone (03) is a photochemical oxidant formed through chemical reactions of nitrogen oxides (NOx), volatile organic compounds (VOCs), and oxygen in the presence of sunlight. In terms of health effects, individuals exercising outdoors, children, and people with preexisting lung disease, such as asthma and chronic pulmonary lung disease, are the most susceptible sub -groups for the effects of ozone. The Coachella Valley portion of the Salton Sea Air Basin (SSAB) is deemed to be in nonattainment for the 1997 8- hour ozone standard. The Coachella Valley is unique in its geography due to its location downwind from the South Coast Air Basin (SCAB). As such, when high levels of ozone are formed in the South Coast Air Basin upstream, they are transported to the Coachella Valley. Similarly, when ozone precursors such as NOx and VOCs are emitted from mobile and stationary sources located in the South Coast Air Basin, they are also transported to the Coachella Valley. The 2022 AQMP has found and established that the Coachella Valley does not have large sources of smog - forming emissions and therefore, local sources of air pollution have a limited impact on ozone levels compared to the transport of ozone precursors generated upwind in SCAB. Based on the 2022 AQMP, the attainment date for the said ozone standard is August 2033. SCAQMD continues to reduce ozone and improve air quality in the Coachella Valley, in part by providing more than $50 million in grant funding towards paving dirt roads and parking lots, clean energy projects and cleaner vehicles. Future emission reductions anticipated to occur in the South Coast Air Basin associated with current and planned regulations on mobile and stationary sources are expected to contribute to improvements in ozone air quality in the Coachella Valley and lead to attainment of the standard. a) Less than Significant Impact. This analysis and findings rely in part on the quantitative results of running the most current California Emissions Estimator Model (CaIEEMod, Version 2022.1), which is computer software developed in conjunction with the California Air Pollution Control Officers Association (CAPCOA) and California Air Districts to calculate criteria air pollutants and greenhouse gas emissions from land use projects using widely accepted methodologies. Air quality impacts can be deemed significant if the estimated project emissions exceed the South Coast AQMD Air Quality Significance Thresholds, which consist of peak short-term construction -related and long-term operational impact thresholds measured in pounds per day. Table III-1 below displays these numeric thresholds applicable to construction and operational activities to which the project -specific air emissions results have been compared. Table III-1 SCAQMD's Air Quality Significance Thresholds (Pounds/Day) Emission Source CO VOC NOx Sox PM10 PM2.5 Construction 550 75 100 150 150 55 Operation 550 55 55 150 150 55 Source: Air Quality Analysis Guidance Handbook and SCAQMD Air Quality Significance Thresholds, March 2023 225 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 40 The CalEEMod 2022.1 analysis for this project accounted for the proposed development parameters (land uses and facility dimensions) as model inputs for calculating the associated criteria air pollutants. The Institute of Transportation Engineers (ITE) Land Use Code (220) and daily trip generation rate of 6.74 trips per unit are consistent with the Traffic Memorandum for this project. The associated household size of 2.34 persons per household is based on the most current CA Department of Finance E-5 data for La Quinta available at the time of preparation. For comparison purposes, a separate CalEEMod analysis was performed for the unbuilt commercial uses previously approved in PA2 under the governing Specific Plan and associated amendments. Consistent with the Jefferson Square Apartments traffic memorandum, these uses include a home improvement store of 42,527 square feet and strip retail uses of 48,002 square feet. Table III-2 demonstrates that the construction -related activities consisting of asphalt and hardscape demolition, site preparation, grading, utilitiesibuilding construction, paving, and architectural coating associated with the proposed project will not exceed the applicable SCAQMD Air Quality Significance Thresholds for criteria pollutants, including PM 10 and Ozone precursors. This includes the expected export and hauling of bulk material to be generated from the demolition of the existing parking lot areas, which is factored into CalEEMod as a quantity of 830 tons of debris based on the approximate area of disturbance. The Table also shows that if the commercial option were developed, as allowed in SPA No. 2, emissions would also be below thresholds. As a standard requirement, dust control measures will be implemented during construction as part of a City -approved fugitive dust control plan in accordance with SCAQMD Rule 403/403.1 and the City of La Quinta Municipal Code Section 6.16 (Fugitive Dust Control). Thus, a less than significant impact would occur for the construction -related emissions in relation to the applicable South Coast AQMD Air Quality Significance Thresholds. Table III-2 PA2 Construction -Related (Short -Term) Criteria Air Pollutant Emissions Associated with the Proposed SPA No. 3 Project and Approved SPA No. 2 Uses (Pounds/Day) Emission Source ROG NOx CO S02 PM10 PM2.5 Maximum Daily Emissions for the Proposed Project 32.8 40.7 37.6 0.05 7.35 4.40 SCAQMD Threshold 75 100 550 150 150 55 Threshold Exceeded by Proposed Project? No No No No No No Maximum Daily Emissions for Approved Uses 56.1 33.1 33.0 0.06 5.45 2.90 SCAQMD Threshold 75 100 550 150 150 55 Threshold Exceeded by Approved Uses? No No No No No No Sources: Jefferson Square Specific Plan Amendment and Site Development Permit Environmental Initial Study, EA 2018-0001; CaIEEMod 2022.1. Note: The PM10 and PM2.5 emissions for the revised project are based con compliance with the La Quinta Municipal Code, Chapter 6.16 (Fugitive Dust Control) and the local standard requirement to implement SCAQMD Rule 403 and 403.1 to control fugitive dust. CalEEMod analysis was also used to calculate the long-term operational air pollutant emissions that would occur during the life of the project. These operations include area, energy and mobile sources. As shown in Table III-3 below, the project -related operational emissions of criteria pollutants are also not expected to exceed the SCAQMD Air Quality Significance Thresholds. The estimated emission levels associated with the construction of commercial uses in PA2 were also found not to exceed the relevant thresholds. Therefore, a less than significant impact is expected for operational emissions from the project. 226 Assoc! Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 41 Table III-3 PA2 Operational (Long -Term) Air Pollutant Emissions iated with the Proposed SPA No. 3 Proiect and Approved SPA No. 2 Uses Pound Emission Source ROG NOx CO S02 PM10 PM2.5 Maximum Daily Emissions for the Proposed Project 5.26 2.02 19.8 0.03 0.91 0.21 SCAQMD Threshold 55 55 550 150 150 55 Threshold Exceeded by Proposed Project? No No No No No No Maximum Daily Emissions for Approved Uses 17.9 11.3 108 0.22 6.82 1.34 SCAQMD Threshold 55 55 550 150 150 55 Threshold Exceeded by Approved Uses? No No No No No No Sources: Jefferson Square Specific Plan Amendment and Site Development Permit Environmental Initial Study, EA 2018-0001; CaIEEMod 2022.1. Is/Day) In summary, construction and implementation of SPA No. 3 is likely to result in a relative decrease in ROG and SO2 emissions and a relative increase in NOx, CO, PM10, and PM2.5 emissions compared to the approved SPA No. 2 project. Both construction emission scenarios occur below the applicable thresholds. In terms of operations, the SPA is likely to result in a relative decrease in all criteria pollutants, consisting of ROG, NOx, CO, PM10, and PM2.5 emissions compared to the approved project. Both operational emission scenarios occur below the applicable thresholds. Moreover, the project is not expected to result in emission levels, growth or land use changes that would interfere with the City or region's ability to comply with the most current air quality plans, including the 2022 AQMP and State Implementation Plan strategies for PM10 and ozone level attainment efforts. The project's short-term construction and long-term operational emissions would not exceed the established regional thresholds for criteria air pollutant emissions. Pertaining to the obstruction of an applicable air quality plan, less than significant impacts are anticipated. Mitigation: None b) Less than Significant Impact. As discussed previously, the Coachella Valley portion of the Salton Sea Air Basin (SSAB) is in nonattainment for the 1997 8-hour ozone standard. Under the 2022 AQMP, the target attainment date for this standard is August 2033. SCAQMD has established that the Coachella Valley does not have large sources of smog -forming emissions and therefore, local sources of air pollution have a limited impact on ozone levels compared to the transport of ozone precursors generated upwind in SCAB. As demonstrated in tables III-2 and 111-3, project -related short-term construction and long-term operational emissions would not exceed the SCAQMD Air Quality Significance Thresholds for ozone precursors, such as NOx and ROG/VOC. Therefore, pertaining to the ozone nonattainment status, the proposed project would not result in an exceedance to the applicable threshold or result in a cumulatively considerable net increase in the precursors of this criteria pollutant. Furthermore, the Coachella Valley is currently designated as a serious nonattainment area for PM10 and is under the EPA -approved Coachella Valley PM10 State Implementation Plan with an attainment strategy for meeting the PM10 standard. Some of the existing measures include the requirement of detailed dust control plans from builders that specify the use of more aggressive and frequent watering, soil stabilization, wind screens, and phased development to minimize fugitive dust. Appropriate air quality measures to prevent fugitive dust are required by the City's Fugitive Dust Control ordinance and plan implementation requirements, which are consistent with SCAQMD Rules 403 and 403.1 that apply to the Coachella Valley strategy for reducing fugitive dust emissions. Under the City's dust control regulations, a Local Air Quality Management Plan (LAQMP) must be prepared and approved prior to any grading, earth -moving, demolition, or building operation with a disturbed surface area of more than five thousand (5,000) square feet. Consistent with SCAQMD Rules 403 and 403.1, implementation of the Fugitive Dust Control Plan is required to occur under the supervision of an individual with training on Dust Control in the Coachella 227 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 42 Valley. The plan will include methods to prevent sediment track -out onto public roads, prevent visible dust emissions from exceeding a 20-percent opacity, and prevent visible dust emissions from extending more than 100 feet (vertically or horizontally from the origin of a source) or crossing any property line. The most widely used measures include proper construction phasing, proper maintenance/cleaning of construction equipment, soil stabilization, installation of track -out prevention devices, and wind fencing. As shown in tables III-2 and III-3, project -related short-term construction and long-term operational emissions that factor in the required soil stabilization measures are expected to not exceed the applicable SCAQMD Air Quality Significance Thresholds for PM10. Therefore, pertaining to the PM10 nonattainment status, the proposed project would not result in an exceedance to the applicable threshold or result in a cumulatively considerable net increase in the precursors of this criteria pollutant. Less than significant impacts are anticipated. Mitigation: None c) Less than Significant Impact. A sensitive receptor is a person or group in the population particularly susceptible (i.e., more susceptible than the population at large) to health effects due to exposure to an air contaminant. Sensitive receptors and the facilities that house them are of particular concern if they are located in close proximity to localized sources of carbon monoxide, toxic air contaminants, or odors. Residences, long-term health care facilities, schools, rehabilitation centers, playgrounds, convalescent centers, childcare centers, retirement homes, and athletic facilities are generally considered sensitive receptors. The SCAQMD has developed and published the Final Localized Significance Threshold (LST) Methodology to help identify potential impacts that could contribute or cause localized exceedances of the federal and/or state ambient air quality standards (NAAQS/CAAQS). LST methodology was developed in response to environmental justice and health concerns raised by the public regarding exposure of individuals to criteria pollutants in local communities. The purpose of analyzing LSTs is to determine whether a project may generate significant adverse localized air quality impacts in relation to the nearest exposed sensitive receptors, such as those listed above. LSTs represent the maximum emission levels that comply with the most stringent applicable federal or state ambient air quality standard at the nearest sensitive receptor, taking into consideration ambient concentrations in each source receptor area (SRA), project, size, and distance to the sensitive receptor. Therefore, meeting the lowest allowable emissions thresholds translates to meeting the most stringent air quality standards for a project locality in consideration of sensitive receptors. As part of the LST methodology, SCAQMD has divided its jurisdiction into 37 source receptor areas (SRAs) which can be used to determine whether a project may generate significant adverse localized air quality impacts. The proposed development is located in SRA 30, which covers the Coachella Valley and City of La Quinta. LSTs only apply to certain criteria pollutants: carbon dioxide (CO), oxides of nitrogen (NOx) particulate matter equal to or less than 10 microns in diameter (PM10), and particulate matter equal to or less than 2.5 microns in diameter (PM2.5). The project site occurs in a vacant condition and is surrounded by existing development consisting of public roads, residential neighborhoods, ang commercial development. The nearest residential structures are immediately to the south, within the Monticello residential community. The separation between the project and such residential uses is an existing perimeter block wall. As a result of this proximity, the LST analysis utilized the shortest separation interval (25 meters/82 feet) as the basis for analysis. This will ensure that the lowest emissions threshold is used as a standard for determining significance. 228 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 43 Table III-4 Localized Significance Thresholds (LSTs) Associated with Construction and Operation of the Proposed Project with Receptors at 25 Meters (82 Feet), (In Pounds/Day) Emission Source NOx CO PM10 PM2.5 Construction Emissions for Proposed Project 40.7 37.6 7.35 4.40 LST Threshold 304.00 2,292.00 14.00 8.00 Construction Threshold Exceeded by Approved Uses? No No No No Operation Emissions for Proposed Project 2.02 19.8 0.91 0.21 LST Threshold 304.00 2,292.00 4.00 2.00 Operation Threshold Exceeded by Proposed Project? No No No No Sources: CalEEMod Results and AQMD LST Look -Up Tables Note: The PM10 and PM2.5 emissions are based on the CalEEMod mitigated results due to the local standard requirement to implement SCAQMD Rule 403 and 403.1 to control fugitive dust. LST Parameters: Source Receptor Area (SRA) 30, 5-acre area increments, 25-meter distance. The results provided in Table III-4 demonstrate that the construction -related and operation emission levels would occur below the applicable thresholds, taking into account the source receptor area and nearest sensitive receptor location to the project. Therefore, the project would not result in emissions capable of exposing sensitive receptors to localized substantial pollutant concentrations. Moreover, the proposed project would not situate new housing in a location known to be exposed to existing or planned sources of substantial emissions. Less than significant impacts are anticipated. As previously stated, the project has the option to develop a commercial retail development plan as approved in SPA No. 2. If the commercial retail development plan is chosen, PA2 would develop 42,500 square feet of retail on Parcel 6 and 5,000 square feet of retail on Parcel 7, as contemplated in Amendment No. 2 and Environmental Assessment 2002-462. Per the analysis in EA 2002-462 for the commercial retail development plan, the commercial retail project would not expose sensitive receptors to substantial pollutant concentrations, since the commercial buildings would shelter the residential units from pollution being generated by automobiles. Thus, no impacts were concluded. Mitigation: None d) Less than Significant Impact. The proposed residential uses and associated private amenities are not expected to include or be located near the types of facilities or operations commonly known to generate odors, such as wastewater treatment plants, sanitary landfills, composting/green waste facilities, recycling facilities, petroleum refineries, chemical manufacturing plants, painting/coating operations, rendering plants, or food packaging facilities. Therefore, the project is not expected to result in odor or other emissions adversely affecting nearby neighbors or a substantial number of people. Less than significant impacts are anticipated. Additionally, as stated in discussion c, the commercial retail development plan would develop 42,500 square feet of retail on Parcel 6 and 5,000 square feet of retail on Parcel 7 in PA2, as contemplated in Amendment No. 2 and Environmental Assessment 2002-462. Per the analysis in EA 2002-462 for the commercial retail development plan, the commercial retail project would not generate objectional odors since the commercial buildings would shelter the residential units from pollution being generated by automobiles. No impacts were concluded. Mitigation: None 229 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 44 4. BIOLOGICAL RESOURCES -- Would the Potentially Less Than Less Than No project: Significan Significant Significant Impact t Impact with Impact Mitigation Incorporation a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status ❑ ❑ ❑ species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or ❑ ❑ ❑ by the California Department of Fish and Wildlife or US Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through ❑ ❑ ❑ direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife ❑ ® ❑ ❑ corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ reservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat ❑ ❑ ❑ conservationplan? Sources: 2035 La Quinta General Plan (2012) and Coachella Valley Multiple Species Conservation Plan (2007) Setting: The Jefferson Square Specific Plan area was previously graded and developed for commercial use, consisting of a shopping center including a supermarket, drugstore with drive -through, and a gasoline service station within seven building areas. The southern portion of the SP area (PA2) where development is proposed has been improved with paved drive aisles, parking, curb and gutter improvements, post -mounted lighting, and landscaping. Along with the developed areas of the project site, the property also includes two undeveloped pads, which are surrounded by fencing to deter trespassing. The site has scant vegetation consisting of Sonoran creosote bush scrub and ornamental vegetation. References to analyze potential impacts to biological resources include the City's General Plan and the Coachella Valley Multiple Species Habitat Plan (CVMSHCP). The project site is not part of a CVMSHCP Conservation Area. The discussion below evaluates the disturbed and developed property's potential impact on biological resources. a) No Impact. As previously mentioned, the site has been previously disturbed since 2002 and is currently part of the Jefferson Square Specific Plan commercial development. The site is largely surrounded by commercial development, parking and roadways. Residential uses are located to the south and a park is located to the west. As a result of the site's surroundings, the project site does not provide the conditions that would support sensitive species of plants or animals given special status by government agencies. The property is within the CVMSHCP which outlines policies for conservation of habitats and natural communities. The project site is not located within a CVMSHCP Conservation Area and there are no known significant biological resources on the project site. Therefore, the project would not have a substantial 230 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 45 adverse impact on candidate, sensitive, or special status species. No impacts are expected as a result of project implementation. b-c) No Impact. As discussed throughout this document, the project site has been developed and previously graded as part of the original development. The property does not contain nor is it adjacent to any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or the USFWS. No blue line streams or desert washes are found within the project boundaries. Therefore, no impacts are expected. d) Less than Significant Impact with Mitigation. The site has been heavily disturbed and is surrounded by development and human activity. The project site would not be expected to be a part of or contain migratory wildlife corridors or native wildlife nursery sites. However, the site's current vegetation and onsite trees provide suitable habitat for nesting birds. Vegetation clearing that occurs during the typical nesting bird season (January 15 through August 31) will require a qualified biologist to conduct a nesting bird clearance survey no more than 14-days prior to construction. Therefore, with the incorporated mitigation measure, the proposed project will not interfere with the movement of any native resident or migratory fish or wildlife species and less than significant impacts are expected. Mitigation: BIO-1: To ensure compliance with California Fish and Game Code and the MBTA and to avoid potential impacts to nesting birds, vegetation removal activities should be conducted outside the general bird nesting season (January 15 through August 31). Any vegetation removal and/or construction activities that occur during the nesting season will require that all vegetation be thoroughly surveyed for the presence of nesting birds by a qualified biologist. Prior to commencement of clearing, a qualified biologist shall conduct preconstruction surveys within 14 days. If any active nests are detected a buffer of 300 feet (500 feet for raptors) around the nest adjacent to construction will be delineated, flagged, and avoided until the nesting cycle is complete. The buffer may be modified and/or other recommendations proposed as determined appropriate by the biologist to minimize impacts. e-f) No Impact. Project implementation would result in the removal of 10 to 15 existing onsite trees. The existing trees were planted as part of the Jefferson Square Specific Plan parking lot to provide shade to pedestrians. The project applicant will provide more than a 2 to 1 tree replacement ratio (or every one tree removed, two will be planted onsite). The project is consistent with the Goals and Policies set forth in the City of La Quinta Biological Resources chapter (Chapter III) of the General Plan. The project will comply with CVMSHCP through the payment of mitigation fees. There are no other unique local policies or ordinances protecting biological resources that would cause a conflict nor does the site support high value biological resources that could be affected. No impacts are expected. Mitigation: None 231 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 46 Potentially Less Than Less Than 5. CULTURAL RESOURCES -- Would the Significant Significant Significant No project: Impact p with Mitigation Impact p Impact Incorporation a) Cause a substantial adverse change in the significance of a historical resource pursuant to ❑ ® ❑ ❑ 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ® ❑ ❑ pursuant to § 15064.5? c) Disturb any human remains, including those ❑ ❑ ® ❑ interred outside of dedicated cemeteries? Sources: CRM Tech Cultural Report Memorandum (2022) Setting: The project site is the Jefferson Square Specific Plan (SP) area, which occupies 10.27 acres on the southwest corner of Fred Waring Drive and Jefferson Street. A project -specific systematic review of past cultural resources and an update memo were prepared by CRM Tech (November 2022). The purpose of this update memo is to provide a synopsis of all cultural resources investigations carried out on the property and provide current recommendations on compliance with the mandates of the California Environmental Quality Act (CEQA) and the City of La Quinta Historic Preservation Ordinance regarding "historical resources," as defined by (CEQA). The City of La Quinta has a rich history which includes Ancient Lake Cahuilla. Ancient Lake Cahuilla was a large intermittent freshwater lake created by the Colorado River. Its shoreline continually changed as the lake was filled and emptied by the river, and when it was full it attracted human settlement with its plentiful resources. Settlement along the lakeshore in the Coachella Valley was particularly intensive, with evidence of large-scale, multi -seasonal occupation. The first known human inhabitants of the Coachella Valley included the Cahuilla Indians, whose occupancy spread from the Banning Pass to the Salton Sea. Anthropologists divided the Cahuilla into three groups based on their geographic setting: (1) the Pass Cahuilla of the San Gorgonio Pass -Palm Springs area; (2) the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains; and (3) the Cahuilla Valley, and the Desert Cahuilla of the eastern Coachella Valley. The Cahuilla Indians developed a seasonal mobility system, which utilized the lake when it was full and benefited from the available terrestrial resources once the lake desiccated. They also migrated to higher elevations to utilize the resources and cooler temperatures. The City and its Sphere of Influence have a rich and varied history. Many cultural resources, including prehistoric, historic, and paleontological resources have been catalogued in the area. Summary of Previous Archaeological Surveys for Specific Plan Previous studies involving the project area resulted in the identification and recordation of a small portion of a prehistoric—i.e., Native American —archaeological site, 33-001769 (CA-RIV-1769), in the northwestern corner the current project area. Consisting mainly of a human cremation, the site was first identified in 1971, evaluated in 1979, and determined at that time to be eligible for nomination to the National Register of Historic Places. However, several subsequent archaeological studies were unable to relocate much of the cultural materials and features that were initially recorded at the site, and it was reported that local relic hunters or concerned individuals may have removed artifacts from the site. Despite the negative or near -negative findings of these subsequent studies, due to the high sensitivity of the area for buried cultural materials, a 2000 study that included both a Phase I survey and Phase II subsurface testing procedures recommended that archaeological monitoring be carried out during any grading or trenching activities in the project vicinity. The recommendation was adopted by the City of La Quinta, and a monitoring program was undertaken 232 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 47 during earth -moving operations for the Jefferson Square Specific Plan project in 2008-2009, which encompassed the current project area in its entirety. The monitoring program resulted in the discovery of an isolated pottery sherd and possible human cremation remains. The sherd was found near the eastern boundary of the current project area, well outside of the boundaries of any previously recorded sites in the vicinity and was determined not to qualify as a "historical resource". Therefore, it required no further treatment. The cremation remains were originally discovered in the northern portion of the project area within the boundaries of Site 33-001769. In consultation with the Cabazon Band of Mission Indians, the remains were reinterred in the southwestern corner of the project area at a depth of approximately eight feet below the surface, in an area designated for landscaping at the time. At the conclusion of the monitoring program, the portion of Site 33-001769 impacted by the Jefferson Square Specific Plan project was determined not to qualify as a "historical resource" due to the lack of further archaeological data potential. However, the possible cremation remains were found to constitute a "historical resource" independently of the site because of the unique cultural significance of human remains to the local Native American community. On November 15, 2022, CRM Tech conducted a field inspection of the project area. At that time, no historical/archaeological features or artifact deposits were encountered on the ground surface, which has been extensively disturbed by past grading, excavation, and other development activities. Currently an asphalt -paved parking lot occupies the northeastern and southwestern portions of the project area, with engineered earthen pads making up the rest of the acreage. a,b) Less than Significant Impact with Mitigation. The project site is partially developed with commercial uses and improvements typical of a shopping center (parking, lighting, etc.). SPA No. 3 would allow for either (i) a commercial retail development plan (Option 1) or (ii) a mixed -use development plan (Option 2). According to the SDP, Building 1 would occur on the western side of the site which is currently a vacant and undeveloped pad. Buildings 2 and 3 are located east of Building 1 in an area currently paved with asphalt and utilized for parking. Buildings 4, 5, and 6 would occur on the southeast corner of the project on an undeveloped pad. These building footprint areas were previously excavated (in 2008) and studied as part of the original project's site monitoring program. In 2008 over -excavation and compaction at depths of 8 feet was completed for the pads associated with Building 1 and Building 3, however, development did not occur on these pads. Trenching for underground stormwater retention up to 17 feet and utility trenching up to 12 feet also occurred during this time. Over -excavation at the building pads is required to ensure proper compaction for the future buildings. Based on the recommendations provided in the project -specific geotechnical investigation, excavation depths of 8 feet shall be required for the building pads. Over - excavation and recompaction up to 1 foot is recommended for the paved areas (i.e., drive aisles, parking spaces). The cremation site identified during the prior site work has been reinterred in the southwest corner of the site. CRM Tech's recent field survey of the six areas did not encounter any additional historical or archaeological resources. The reinterred resource site meets the statutory/regulatory definition of a "historical resource" and thus requires proper protection under CEQA. To avoid potential disturbance of the burial site, the Cabazon Band of Mission Indians requested a 10-foot by 10-foot easement at the site (see mitigation below). Although the most recent field survey did not find any evidence of any cultural resources, the site has been sensitive for archaeological resources and could potentially contain additional subsurface archaeological resources. Therefore, mitigation in the form of a qualified archaeological and Tribal monitor during the excavation at and around the reinterred resource site shall be required. With this mitigation measure, impacts to historical and archaeological resources are less than significant. Mitigation: 233 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 48 CUL-1: The presence of a qualified archaeologist and Tribal monitor shall be required during all project related ground disturbing activities at and around the reinterred resource site. If disturbances to that location — and potentially to the depth of eight feet — cannot be avoided, with the applicant shall work with the Cabazon Band of Mission Indians regarding the possibility of moving the cremation remains to a different portion of the project area, and shall demonstrate to the City in writing that this agreement has been executed and undertaken to the Tribe's satisfaction. The project applicant shall record a permanent 10-foot by 10- foot easement at the reinterred site at the southwest corner of the project, in favor of the Cabazon Band of Mission Indians concurrent with recordation of the Parcel Map. In the event that potentially significant archaeological materials are discovered, all work must be halted in the vicinity of the archaeological discovery until the archaeologist can assess the significance of the find, and its potential eligibility for listing in the California Register of Historical Resources (CRHC). Should buried cultural deposits be encountered, the monitor shall request that destructive construction halt in the vicinity of the deposits. c) Less than Significant Impact. In 2008 the entire Jefferson Square Specific Plan area was graded and excavated. Over -excavation and compaction at depths of 8 feet was completed for the proposed Building 1 and Buildings 4, 5 and 6, however, development did not occur on these pads. Trenching for underground stormwater retention up to 17 feet and utility trenching up to 12 feet also occurred during this time. Cremation remains were discovered onsite during the 2008 cultural resources survey. In consultation with the Cabazon Band of Mission Indians, the remains were reinterred in the southwestern corner of the project area at a depth of approximately eight feet below the surface, in an area designated for landscaping. This area will be permanently protected by a proposed 10'x10' easement. Additionally, the project will retain a qualified archaeologist and Tribal monitor during all project related ground disturbing activities at and around the reinterred resource area (mitigation measures CUL-I). The California Health and Safety Code Section 7050.5, and the CEQA Guidelines Section 15064.5 require that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains. If the coroner determines the remains to be Native American or has reason to believe that they are those of Native American, the coroner shall contact by telephone within 24-hours of the Native American Heritage Commission. Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18) requires lead agencies to notify their local tribes about development projects. It also mandates lead agencies consult with Tribes if requested and sets the principles for conducting and concluding the required consultation process. Per the requirements of AB 52 and SB 18, the agreements shall provide protection to Native American human burials and skeletal remains from vandalism and inadvertent destruction and provide for sensitive treatment and disposition of Native American burials, skeletal remains, and associated grave goods consistent with the planned use of, or the approved project on, the land. Pursuant to the California Health and Safety Code and AB 52, proper actions shall take place in the event of a discovery or recognition of any human remains during project construction activities and less than significant impacts are expected. 234 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 49 Potentially Less Than Less Than 6. ENERGY -- Would the project: Significant Significant Significant No Impact p with Mitigation Impact p Impact Incorporation a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary ❑ ❑ ® ❑ consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan ❑ ❑ ® ❑ for renewable energy or energy efficiency? Sources: La Quinta 2035 General Plan Update; La Quinta Greenhouse Gas Reduction Plan, 2012; CaIEEMod Version 2022.1.1.14. Setting: Energy sources are made available to the Coachella Valley by private and public agencies. Major energy providers include Southern California Edison (SCE), Imperial Irrigation District (IID), and the Southern California Gas Company (The Gas Company or SoCalGas). Electricity and natural gas are the primary sources of energy in the City of La Quinta. The project property lies within IID's and The Gas Company's service areas. IID delivers electricity throughout the City at 92 or 161 kilovolts, decreased to 12 kilovolts for distribution to its customers. Natural gas is the primary source of energy used in the City for space and water heating, as well as cooking. The Gas Company has major supply lines in Washington Street (west), Highway 111 (south), and Indio Boulevard (northeast). There are more than 27 million registered vehicles in California, and those vehicles consumed an estimated 18.5 billion gallons of petroleum and diesel in 2014, according to the California Energy Commission (CEC). Gasoline and other vehicle fuels are commercially provided commodities and would be available to the project via commercial outlets. According to the CEC, transportation accounts for nearly 37 percent of California's total energy consumption. Petroleum -based fuels account for approximately 92 percent of California's transportation energy sources. Technological advances, market trends, consumer behavior, and government policies could result in significant changes to fuel consumption by type and total. Various policies, rules, and regulations have been enacted to improve vehicle fuel efficiency, promote the development and use of alternative fuels, reduce transportation -source air pollutants and GHG emissions, and reduce vehicle miles traveled (VMT), at the federal and State levels. Technological advances have made use of other energy resources or alternative transportation modes increasingly feasible, as market forces have driven the price of petroleum products steadily upward. a) Less than Significant Impact. PA1 is fully developed with commercial buildings, paved drive aisles and parking spaces, and retention basins. Currently, the PA2 operates as a parking lot for PAL The existing parking lot includes light fixtures to illuminate the parking spaces in the evening. SPA No. 3, allows the development of up to 95 multi -family units, parking spaces, communal areas, and associated improvements; or 47,500 square feet of commercial retail space with parking spaces and associated improvements. Since PA is developed and physical conditions and operations within PA will not change, it is assumed that the commercial businesses in PA1 will not contribute to new energy consumption. Therefore, analysis of project energy consumption will focus on the construction and operation of PA2. Title 24 of the California Administrative Code sets efficiency standards for new construction, regulating energy consumed for heating cooling, ventilation, water heating, and lighting. These building efficiency standards are enforced through the City's building permit process. The project property is currently served with electricity, which powers the existing light fixtures in the parking lot. PA 2 does not consume natural gas resources. PA2 is proposed to connect to the existing energy sources. 235 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 50 The project is expected to consume energy in the form of electricity, natural gas and petroleum during project construction and operation. Analysis of the project -related energy consumption was calculated and analyzed using the latest version of CaIEEMod v2022.1. The consumption of energy may lead to an increased amount of GHGs emitted, and the decreased quality of air in an area; therefore, energy was evaluated in the reports and used in the analysis of this section. These inputs included 95 low-rise apartment units and up to 200 parking spaces. PA2 will be developed in one phase, over a period of 15 to 18 months. Project -related energy consumption, via electricity, natural gas, and petroleum, is discussed further below. Electricity According to the La Quinta General Plan (LQGP) Environmental Impact Report (EIR), buildout of residential uses in the General Plan area will result in electrical consumption of approximately 893,149,660 kWh/year, and commercial uses would consume 716,607,636 kWh/yr, resulting in a total electrical consumption of 1,609,757,296 kWh/yr. The City has committed to reducing its consumption of electricity through a number of programs listed in the General Plan. Comtruction Temporary electrical power for lighting and electronic equipment, such as computers inside interim construction trailers, would be provided by IID. Electricity consumed for onsite construction trailers, which are used by managerial staff during the hours of construction activities, as well as electrically powered hand tools are expected to use a minimal amount of electricity. However, the electricity used for such activities would be temporary and negligible. Most energy used during construction would be from petroleum consumption (discussed further below). Operation The project proposes the operation of a multi -family residential development on approximately 5.1 acres on the southern portion of the Jefferson Square Specific Plan, and south of existing commercial buildings. The project would not result in the use of excessive amounts of fuel or electricity and would not result in the need to develop additional sources of energy. While energy use at the project would not be excessive, the project would incorporate several measures directed at minimizing energy use. These measures include applying energy efficient design building shells and building components, such as windows, roof systems, electrical lighting systems, and heating, ventilating and air conditioning systems to meet the most current Title 24 Standards which expects 30 percent less energy for non-residential buildings and 53 percent less energy for residential use due to energy efficiency measures combined with rooftop solar electricity generation. Therefore, reducing the use of electricity during project operation. According to the CaIEEMod calculations, the project is expected to generate the demand for approximately 650,445 kWh of annual electricity use for the Apartment low rise (i.e., multi -family units), and approximately 68,685 kWh of annual electricity use for the parking lot component, depicted in the table below. Table VI-1 Operational Electricity Demand Electricity Use Land Use kWh/yr. Apartment Low Rise 650,445 Parking Lot 68,685 Total 719,130 236 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 51 As previously stated, the LQGP EIR predicts that buildout of residential and commercial uses in the General Plan area, including the proposed project site, will result in electrical consumption of 1,088,371,637.12 kWh per year, where residential uses would consume 530,867,194 kWh/yr and commercial uses would consume 557,504,443.12 kWh/yr. The proposed project is anticipated to consume approximately 719,130 kWh/yr, which is approximately 0.07 percent of the City's residential and commercial electrical consumption at total buildout. For informational purposes, the CalEEMod model was run for the approved uses in PA2, which is commercial retail. Based on the CalEEMod calculations, the approved uses would result in 810,146 kWh/yr during operation, which is 138,943 kWh/yr more than the proposed residential uses. However, it is 0.05 percent of the City's residential and commercial consumption at total buildout. The commercial uses within PA2 are approved as a part of the Jefferson Square Specific Plan Amendment No. 2. The IID planning area used approximately 1,261.3 gigawatt hours (GWh) of electricity in the commercial sector and 1,901.7 GWh of electricity in the residential sector, for a total of 2,941.9 GWh in 2021. IID estimates that electricity consumption within IID's planning area will be approximately 4,641,267 MWh annually by 2031. Based on the project's estimated new annual electrical consumption of 719,130 kWh (which is equivalent to 719.13 MWh), the project would account for approximately 0.015 percent of IID's demand in 2031. The project would result in the long-term consumption of electricity, however, the increase in demand for the resource would not be substantial. Natural Gas According to the LQGP EIR, at City build -out, residential units and commercial uses will consume approximately 2,205,787,360 cubic feet of natural gas per year (cf/yr). SoCalGas has developed a wide range of energy management, conservation and equipment retrofit programs for its consumer base. Assistance in facilities planning and analysis is also provided by SoCalGas to maximize energy efficiency and cost-effective equipment purchases and operations. Construction Natural gas is not anticipated to be required during construction of the project. Operation Natural gas typically is consumed during building heating, water heating and cooking, which will occur during project operation. The project's expected natural gas consumption was calculated using the CalEEMod default values. Based on the CalEEMod calculations, PA2 is estimated to consume approximately 1,612,171 thousand British thermal units (kBTU) of natural gas annually during operation of the multi -family units (equivalent to 1,554,649 cf/yr). The parking lot use would not consume natural gas. This is displayed int Table VI-2, Operational Natural Gas Demand, below. Table VI-2 Operational Natural Gas Demand Natural Gas Use Land Use kBTU/yr cf/yr* Apartments Low Rise 1,612,171 1,660,536.13 Parking Lot -- -- Total 1,612,171 1,660,536.13 * Utilizing the conversion factor of 1,036 BTU per cubic foot. 237 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 52 As previously stated, at General Plan build -out, residential units and commercial uses will use approximately 2,205,787,360 cubic feet of natural gas per year (cf/yr). According to CalEEMod, the project is anticipated to consume approximately 1,660,536.13 cf/yr, which is approximately 0.08 percent of the City's natural gas consumption at buildout of the City. For informational purposes, the CaIEEMod model was run for the approved uses in PA2, which is commercial retail. Based on the CalEEMod calculations, the approved uses would result in 758,753 kBTU/yr during operation, or 731,681 cf/yr, and it is 0.033 percent of the City's residential and commercial consumption at total buildout. The commercial uses within PA2 are approved as a part of the Jefferson Square Specific Plan Amendment No. 2. Based on the 2018 California Gas Report, prepared by the California gas and electric utilities, estimates natural gas consumption within SoCalGas's planning area will be approximately 2,310 million cf per day in 2030. The project would consume approximately 1,660,536.13 cf/yr, and 0.07 percent of the 2031 forecasted consumption in SoCalGas's planning area. As such, the project would result in a long-term increase in demand for natural gas. However, the project would be designed to comply with Title 24, Part 6 of the California Code of Regulations (CCR). Natural gas consumption would be appropriate and not place a significant burden on SoCal Gas services. Petroleum Petroleum is the largest U.S. energy source according to the U.S. Energy Information Administration (EIA). Petroleum products are used to fuel vehicles and produce electricity. U.S. Petroleum consumption in 2017 was primarily used by the transportation sector (71 percent). The industrial sector accounted for 24 percent petroleum consumption, the residential sector consumed 3 percent, commercial consumed 2 percent, and finally, electric power consumed 1 percent. California is the largest consumer of both jet fuel and motor gasoline among the 50 states and accounted for 17 percent of the nation's jet fuel consumption and 11 percent of motor gasoline consumption in 2019. C omtructinn Petroleum would be consumed throughout construction of the project. Fuel consumed by construction equipment would be the primarily energy resource expended over the course of construction, while VMT associated with the transportation of construction materials and construction worker commutes would also result in petroleum consumption. Heavy-duty equipment used for project construction would rely on diesel fuel, as would haul trucks involved in off -hauling materials from excavation. Construction workers are expected to travel to and from the project site in gasoline -powered passenger vehicles. There are no unusual project characteristics or construction processes that would require the use of equipment that would be more energy intensive that is used for comparable activities or use of equipment that would not conform to current emission standards (and related fuel efficiencies). Heavy-duty construction equipment of various types would be used during each phase of construction. CalEEMod was used to estimate construction equipment usage. In the analysis of the project the mitigated construction figures were used, based on the assumption that the project will implement applicable mitigation measures. Fuel consumption from construction equipment was estimated by converting the total CO2 emissions from each construction phase to gallons using the conversion factors shown in the following tables. Table VI-3, Construction Worker Gasoline Demand, illustrates the demand of gasoline fuel for construction worker trips to and from the site during each construction phase. Construction worker gasoline demand during each construction phase equals a total of 12,520.9 gallons of gasoline fuel. 238 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 53 Table VI-3 Construction Worker Gasoline Demand Phase Days Trips Miles VMT KgCO2e Kg/CO2/Gallon Gallons Demolition 20 15 18.5 5,550 1,960 8.89* 220.5 Site Preparation 10 17.5 18.5 3,237.5 1,140 8.89 128.2 Grading 20 15 18.5 5,550 1,960 8.89 220.5 Building Const. 230 68.9 18.5 293,169.5 102,600 8.89 11,541.1 Paving 20 15 18.5 5,550 1,900 8.89 213.7 Arch. Coating 20 13.8 18.5 5,106 1,750 8.89 196.9 Total 12,520.9 *htWs://www. epa. go�y/greenhouse-gases-equivalencies-calculator-calculations-and-references hLtps://www.epa.gov/energ /greenhouse- ag s=equivalencies-calculator Table VI4, Construction Vendor Diesel Demand (below), illustrates the demand of diesel fuel for construction vendor trips to and from the site. These trips are associated with the delivery of construction materials during the building phase of construction. Construction vendor demand equals a total of 3,605.1 gallons of diesel fuel. Table VI4 Construction Vendor Diesel Demand Phase Days Trips Miles VMT KgCO2e Kg/CO2/Gallon Gallons Demolition 20 0 0 0 0 10.18* 0 Site Preparation 10 0 0 0 0 10.18 0 Grading 20 0 0 0 0 10.18 0 Building Const. 230 10.4 10.2 24,398.4 36,700 10.18 3,605.1 Paving 20 0 0 0 0 10.18 0 Arch. Coating 20 0 0 0 0 10.18 0 Total 3,605.1 *https://www.epa.gov/energy/greenhouse- asg es -equivalencies -calculator -calculations -and -references https://www.epa.gov/energy/greenhouse- ag sequivalencies-calculator Table VI-5, Construction Equipment Diesel Demand, displays the demand of diesel fuel for construction vehicles on -site during the various construction phases. Construction equipment diesel demands equals a total of 33,253.3 gallons of diesel fuel. Table VI-5, Construction Equipment Diesel Demand Phase Days KgCO2e Kg/CO2/Gallon Gallons Demolition 20 31,200 10.18 3,064.8 Site Preparation 10 24,100 10.18 2,367.4 Grading 20 26,900 10.18 2,642.4 Building Const. 230 251,300 10.18 23,703.3 Paving 20 13,800 10.18 1,355.6 Arch. Coating 20 1,220 10.18 119.8 Total 33,253.3 Table VI-6, Construction Hauling Diesel Demand, displays the demand of diesel fuel for the hauling of materials based on the CalEEMod calculations provided in the GHG Analysis. Hauling will occur during project grading. Construction hauling diesel demands equals a total of 1,031.4 gallons of diesel fuel. 239 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 54 Table VI-6 Construction Hauling Diesel Demand Phase Days Trips Miles VMT KgCO2e Kg/CO2/Gallon Gallons Demolition 20 10.4 20 4,160 7,000 10.18 687.6 Site Preparation 10 10.4 20 2,080 3,500 10.18 343.8 Total 1,031.4 Overall, the project is estimated to consume approximately 12,520.9 gallons of gasoline and 37,889.8 gallons of diesel fuel during the project's construction phases. In total, the project will consume approximately 50,410.7 gallons of petroleum. Petroleum use is necessary to operate construction equipment. The energy used during the construction of the project would be limited to the development of the project and would not require long-term petroleum use. Additionally, there are no unusual project characteristics or construction processes that would require the use of equipment that would be more energy intensive that is used for comparable activities or use of equipment that would not conform to current emissions standards (and related fuel efficiencies). Thus, project construction would not consume petroleum in a wasteful or inefficient manner. Operation As previously mentioned, SPA No.3 allows the development of up to 95 multi -family units and associated amenities and improvements in PA2. According to the figures provided by the CalEEMod calculations, the multifamily development would have an estimated annual VMT of 1,125,787. The total mobile source CO2e is 449 MT per year, or 449,000 kg per year. CalEEMod assumes 92.5 percent of VMT burns gasoline, while the remaining 7.5 percent burn diesel. Thus, of the 449,000 kg of mobile emissions, 415,325 kg is generated by gasoline combustion and 33,675 kg is generated by diesel combustion. The multifamily development would have an annual gasoline demand of 46,718.2 gallons and an annual diesel demand of 3,308 gallons, as displayed in Table VI-8. Table VI-7, Operational Petroleum Demand Land Use Annual VMT Apartments Low Rise 1,125,787 Parking Lot 0 Total 1,125,787 Table VI-8 Operational Annual Petroleum Annual VMT Kg/CO2 Kg/CO2/Gallon Annual Gallons Gasoline 1,041,353 415,325 8.89 46,718.2 Diesel 84,434 33,678 10.18 3,308 Total Petroleum 50,026.2 During operation, the multifamily development would result in the consumption of petroleum -based fuels related to vehicular travel to and from the project site. According to the City's 2013 Greenhouse Gas Inventory, the community VMT was 509,372,317 VMTs in 2013. The proposed project will contribute approximately 1,125,787 VMTs annually, or 0.22 percent of the total annual VMT at City buildout. The proposed mixed -use development would result in reduced VMTs compared to the existing SPA No. 2 governing the site. The reduction of VMTs is a result of the introduction of residential uses adjacent to commercial uses. The adjacency of mixed uses allows residents to walk to the commercial businesses, rather than drive. As previously stated, the commercial uses within PA2 are approved as a part of the 240 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 55 Jefferson Square Specific Plan Amendment No. 2. Should the residential uses proposed in SPA No. 3 be less favorable due to a change in the market, the commercial uses shall be developed. Over the lifetime of the project, the fuel efficiency of vehicles in use is expected to increase, as older vehicles are replaced with newer more efficient models. Therefore, it is expected that the amount of petroleum consumed due to the vehicle trips to and from the project site during operation would decrease over time. Additional advancement of technology includes the use of plug-in hybrid and zero emission vehicles in California, which will also decrease the amount of future petroleum consumed in the state. With the foregoing, operation of the project is expected to use decreasing amounts of petroleum over time, due to advances in fuel economy. Additionally, the proposed multifamily project is located in close proximity to existing medical facilities, a pharmacy, shopping center, and restaurants along Fred Waring Drive and Jefferson Street. The project would provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. Given these considerations, petroleum consumption associated with the project operation would not be considered excessive. In conclusion, the project would increase demand for energy in the project area and in the service areas of IID and SoCalGas. However, based on the findings described above, project construction and operation are not anticipated to result in potentially significant impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. b) Less than Significant Impact. SPA No. 3 to allow commercial retail (Option 1) or mixed -use development (Option 2) within the Specific Plan area. Currently, PA2 occupies approximately 5.1 acres of the Jefferson Square Specific Plan and operates as a parking lot associated with the existing commercial buildings to the north. To ensure the conservation of energy, the state of California and the City of La Quinta implements various regulations to be more energy efficient and reduce the amount of GHG emissions. As previously stated, the project will include a variety of building, water, and solid waste efficiencies consistent with the current CALGreen requirements, low -flow fixtures and efficient landscaping per State requirements. The project will also be required to recycle a minimum of 50 percent from construction activities per State and City requirements. The project will comply with state -implemented building standards such as those outlined in Title 20 and Title 24 of the California Code of Regulations. As stated in the previous discussion, project -related petroleum consumption and VMTs during operation of the project are not anticipated to increase since the project would provide mixed uses (i.e., commercial and residential) adjacent to each other. Construction -related electricity, natural gas, and petroleum use, and operational electricity and natural gas consumption are not anticipated to be significant. Construction activities would require the use of equipment that would be no more energy intensive than what is used for comparable activities. Construction equipment will comply with the Tier 3 program engines or higher. The project is in close proximity to commercial land uses along Fred Waring Drive and Jefferson Street. The project will provide a pedestrian access network that internally links all uses and connects to all exiting or planned external streets and pedestrian facilities contiguous with the project site. The implementation of these project features will assist in reducing potential project -related VMTs. The project property will comply with all applicable State and local guidelines and regulations regarding energy efficient building design and standards. Therefore, the proposed project is not anticipated to conflict or obstruct a state or local plan for renewable energy or energy efficiency. Less than significant impacts are expected. Mitigation: None 241 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 56 7. GEOLOGY AND SOILS -- Would the Potentially Less Than Less Than No project: Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ ❑ iii) Seismic -related ground failure, including ❑ ❑ ® ❑ liquefaction? iv) Landslides? ❑ ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ ❑ ❑ ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- ❑ ❑ ❑ ❑ or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code ❑ ❑ ❑ (1994), creating direct or indirect substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater ❑ ❑ ❑ disposal systems where sewers are not available for the disposal of wastewater? f) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ® ❑ ❑ geologic feature? Source: California Department of Conservation; La Quinta 2035 General Plan Update; Geotechnical Engineering Investigation, Krazan & Associates, Inc., 2007, updated 2022. Setting: Alquist-Priolo Earthquake Fault Zoning Act The Alquist-Priolo Earthquake Fault Zoning Act was enacted in 1972 to prohibit the location of developments and structures for human occupancy across the trace of active faults. To assist with this, the State Geologist delineates appropriately wide earthquake fault zones (Alquist-Priolo Zones) to encompass potentially and recently active traces, which are submitted to city and county agencies to be incorporated into their land use planning and construction policies. A trace is a line on the earth's surface defining a fault, and an active fault is defined as one that has ruptured in the last 11,000 years. The minimum distance a structure for human occupancy can be placed from an active fault is generally fifty feet. Seismic Hazard Mapping Act The Seismic Hazards Mapping Act (SHMA) of 1990 directs the Department of Conservation, California Geological Survey to identify and map areas prone to earthquake hazards of liquefaction, earthquake -induced landslides and amplified ground shaking. The purpose of the SHMA is to reduce the threat to public safety and to minimize the loss of life and property by identifying and mitigating these seismic hazards. 242 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 57 The SHMA requires the State Geologist to establish regulatory zones (Zones of Required Investigation) and to issue appropriate maps (Seismic Hazard Zone maps). These maps are distributed to all affected cities, counties, and state agencies for their use in planning and controlling construction and development. Single family frame dwellings up to two stories not part of a development of four or more units are exempt from the state requirements. However, local agencies can be more restrictive than state law requires. California Code of Regulations, Title 24 (California Building Standard Code) The California Building Standards Commission operates within the Department of General Services and is charged with the responsibility to administer the process of approving and adopting building standards for publication in the California Building Standards Code (Cal. Code Regs., Title 24). These regulations include provisions for site work, demolition, and construction, which include excavation and grading, as well as provisions for foundations, retaining walls, and expansive and compressible soils. The California Building Code also provides guidelines for building design to protect occupants from seismic hazards. The City of La Quinta Building Division currently uses the 2022 California Building Code (CBC) in the plan check process and in field inspections. The City's Building Division will use the latest CBC in effect at the time of application for building permits for the project site are submitted. South Coast Air Quality Management District The main source of pollution from grading and construction activities is fugitive dust, which is particulate matter that is suspended in the air by direct or indirect human activities. Two South Coast AQMD rules were adopted with the purpose of reducing the amount of fugitive dust entrained as a result of human activities. Rule 403 applies to any activity capable of generating fugitive dust. Rule 403.1 is supplemental to Rule 403 and applies only to fugitive dust sources in Coachella Valley. Rule 403 (Fugitive Dust) requires the implementation of best available dust control measures (BACM) during active operations capable of generating fugitive dust. Rule 403.1 (Supplemental Fugitive Dust Control Requirements for Coachella Valley Sources) is a supplemental rule to Rule 403 and is applicable to man-made sources of fugitive dust in Coachella Valley. The purpose of this rule is to reduce fugitive dust and resulting PM10 emissions from man-made sources in the Coachella Valley. Rule 403.1 requires a Fugitive Dust Control Plan approved by South Coast AQMD or an authorized local government agency prior to initiating any construction/ earth -moving activity. Paleontological Resources Paleontological resources are the fossilized remains of ancient plants and animals. They occur in older soils which have been deposited in the Valley over millions of years. Exhibit 111-5, Paleontological Sensitivity Map in the 2035 La Quinta General Plan (LQGP), designates the project site in Dune Sand which has "undetermined" paleontological sensitivity. a) i. No Impact. Seismicity is a general term relating to the abrupt release of accumulated strain energy in the rock materials of the earth's crust in a given geographical area. The reoccurrence of accumulation and subsequent release of strain have resulted in faults and fault systems (Krazan & Associates, Inc., 2007). The City of La Quinta, similar to most of Southern California, is susceptible to seismic activity due to the various active faults that traverse the area. The La Quinta 2035 General Plan Update (GPU) notes four faults with the potential to have a severe impact in the City. These faults include the San Andreas, San Jacinto, Burnt Mountain and Elsinore Faults. The closest Alquist-Priolo Earthquake Fault Zone to the project site is the San Andreas Fault, approximately 3.75 miles northeast of the subject property. Conclusively, the project site is not located on an active fault or within the Alquist-Priolo Earthquake Fault Zone. 243 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 58 Therefore, there will be no impact associated with ground rupture within an active fault zone. Mitigation: None ii. Less than Significant Impact. Seismically induced ground shaking is the most potentially significant geotechnical hazard, according to the La Quinta 2035 General Plan Update (2035 GPU). Regional faults, including the San Andreas and San Jacinto fault zones, have the potential to generate moderate to severe ground shaking in the planning area. Factors that determine the effect of ground motion and the degree of structural damage that may occur include intensity of the earthquake, distance between epicenter and site, soil and bedrock composition, depth to groundwater, presence of ridge tops, and building design and other criteria (La Quinta 2035 GPU). As stated in the previous discussion, the project site is located approximately 3.75 miles southwest of the closest active fault zone, the San Andreas Fault. The project site is likely to be subjected to moderate to strong ground motion from earthquakes in the region. The proposed development will be constructed in a manner that reduces the risk of seismic hazards (Title 24, California Code of Regulations). The project shall comply with the most current seismic design coefficients and ground motion parameters and all applicable provisions of the CBC, specifically Chapter 16 of the CBC, Structural Design, Section 1613, Earthquake Loads, as well as City Municipal Code Section 8.02.010. Section 8.02.010 adopts the 2022 CBC for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Site work will be conducted in accordance with the geotechnical and soils analyses required with the submittal of grading and building plans. Foundation and structural design of the site would reduce exposure of people or structures to adverse effects to the greatest extent possible. Per the geotechnical report, site preparation shall include remedial grading, overexcavation and recompaction of the project area. Overexcavation and recompaction will reduce post -construction soil movement and provide uniform support for the buildings and other foundations. Overexcavation and recompaction should be performed to a minimum depth of at least twelve inches below existing grades. The actual depth of the overexcavation and recompaction should be determined by professional field representative during construction. Any undocumented fill encountered during grading shall be removed and replaced with engineered fill, as recommended by Krazan & Associates, Inc. With the implementation of appropriate building codes and recommendations provided in the project geotechnical and soil analyses, which includes overexcavation and recompaction in building and foundation areas and proposed parking areas impacts related to strong seismic shaking at the project site will be less than significant. Mitigation: None iii. Less than Significant Impact. Soil liquefaction is a state of soil particles suspension caused by a complete loss of strength when the effective stress drops to zero. Liquefaction normally occurs under saturated conditions in soils such as sand in which the strength is purely frictional. However, liquefaction has occurred in soils other than clean sand. Liquefaction usually occurs under vibratory conditions such as those induced by seismic events (Krazan & Associates, Inc., 2007). Per the Seismic Hazards Map in the La Quinta GPU, the project site is not located in an area with moderate or high liquefaction susceptibility, due to the lack of shallow groundwater in the area. The project -specific Geotechnical Engineering Investigation determined that the soils beneath the site consist predominately of dense and stiff materials, and groundwater is expected to be a depth of greater than 50 feet. Therefore, it was concluded that the potential for liquefaction is considered to be low based on the absence of shallow groundwater and the relatively dense and stiff materials underlying the site. Although the project property 244 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 59 is not expected to be impacted by liquefaction, the improvement plans shall adhere to the most recent standard design requirements stated in the California Building Code (CBC) and the City's building standards to ensure the safety of the project against seismically induced hazards. Less than significant impacts are anticipated. Mitigation: None iv. No Impact. As discussed previously, the City of La Quinta, like most of Southern California, is susceptible to seismic ground shaking due to the multiple faults in the region. As a result of seismic ground shaking, secondary effects such as slope failures, rockfalls and landslides may occur in the City, especially throughout elevated areas. Landslides and rockfall can occur when unstable slope conditions are worsened by strong ground motion caused by seismic events. Typically, landslides have been recorded after periods of heavy rainfall, and rockfalls are associated with slope failure during drier periods. Conditions that lead to landslide vulnerability include high seismic potential, and rockfall and rockslides are common on very steep slopes. The project site is located in the northern portion of the City of La Quinta. The site is not located adjacent to slopes. The nearest hillsides and mountainous slopes are approximately 1.90 miles southwest of the property. Due to the lack of slopes in the project's proximity, the project site is not susceptible to rockfalls, soil block slides and soil slumps, as designated by the Seismic Hazards Map (Exhibit IV-3) in the La Quinta 2035 General Plan Update. No impacts are anticipated. Mitigation: None b) Less than Significant Impact. The site will be subject to wind and water erosion during construction. According to the La Quinta General Plan, wind erosion is influenced by factors such as climate, topography, soil and rock types, and vegetation. The Coachella Valley is subject to infrequent but often powerful storms that generate high rates of erosion, especially in areas where the soil is not stabilized by vegetation. Erosion, especially in the form of PM 10, is a concern in the Coachella Valley because it leads to sediment transport and re -deposition as well as health issues and property damage. The Wind Erosion Susceptibility Map (Exhibit IV-5) in the La Quinta 2035 General Plan Update specifies that the project site is located in an area with a very high Wind Erodibility Rating. SPA No. 3 allows the development of PA2 consisting of up to 95 multifamily units or commercial retail spaces. Development will also include paved driveways and associated improvements, landscaped features, and pedestrian walkways. The project site has been previously graded and operates as a paved parking lot associated with the Jefferson Square Shopping Center. The construction of this project will involve ground disturbing activities, such as the clearing and grubbing of existing landscaping, and grading of the property. These activities may increase the potential of soil erosion at the time of development. Therefore, consistent with the City's and SCAQMD's requirements, the project shall implement a Fugitive Dust Control Plan. The Fugitive Dust Control Plan requires the implementation of best management practices (BMPs) such as the use of perimeter fencing, applying adhesive dust suppressant, or watering the project site. The project property shall implement the BMPs outlined within their project -specific PM10 Plan during construction of the project site. Refer to the Air Quality section of this environmental document for further information on the Fugitive Dust Control Plan. In addition to the Fugitive Dust Control Plan, projects one acre in size or larger are required to comply with the most current National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) (Order No. 2009-0009-DWQ as amended by 2010-0014-DWQ and 2012-0006-DWQ) as it relates to surface water erosion during construction. Compliance with the CGP involves the development and implementation of a project -specific Stormwater Pollution Prevention Plan (SWPPP), which is designed to reduce potential adverse impacts to surface water quality during the period of construction. The required 245 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 60 plan will identify the locations and types of construction activities requiring BMPs and other necessary compliance measures to prevent soil erosion and stormwater runoff pollution. The plan will also identify the limits of allowable construction -related disturbance to prevent any exceedances or violations. Waterborne erosion and the City's Standard Conditions are thoroughly discussed in the Hydrology and Water Quality Section of the document. The implementation of the Fugitive Dust Control Plan, and the SWPPP (outlined above, and further discussed in the Air Quality and Hydrology Sections of this document) will ensure that impacts from erosion created from the project site will be less than significant. Mitigation: None c) Less than Significant Impact with Mitigation. According to the United States Department of Agriculture's (USDA) Web Soil Survey Map, the project's soil types primarily consist of Myoma fine sand (MaD and MaB). MaD and MaB sands are somewhat excessively drained with a very low runoff class. As discussed previously, in section a) iii., liquefaction occurs when ground shaking of relatively long duration and intensity causes loose, unconsolidated soils to act like a liquid and lose strength. For liquefaction to occur in an area, the groundwater would have to be within 50 feet of the surface. The project site is not located in an area susceptible to liquefaction due to the lack of shallow groundwater. Due to the lack of shallow groundwater, impacts are anticipated to be less than significant. As discussed in section a) iv., the project site is not located near slopes. The topography at the project site and surrounding area is relatively flat. Therefore, the project site is not located adjacent to an area susceptible rockfalls, soil block slides and soil slumps. Therefore, impacts from landslides or rockfall are not expected. Ground subsidence is the gradual settling or sinking of the ground surface with little or no horizontal movement. It is caused by both human activities (i.e., groundwater extraction) and natural activities (i.e., earthquakes) and can cause regional damage. According to the La Quinta 2035 General Plan Update, the only recorded subsidence induced fissures in the Coachella Valley occurred in La Quinta in 1948, near the base of the Santa Rosa Mountains, at the south end of the City. The Safety Element in the Riverside County General Plan indicates that the project site is situated in an area susceptible to ground subsidence due to regional withdrawal of groundwater. The potential for area ground subsidence is a regional issue that could possibly impact the City of La Quinta; monitoring conducted by the U.S. Geological Survey (USGS), CVWD and others shows that subsidence rates in the Coachella Valley have been increasing rapidly over the past several decades. CVWD has implemented a variety of measures, such as groundwater recharge, imported water, and water conservation techniques and programs to minimize the extraction of groundwater. Although subsidence has been recorded in La Quinta, the project site is not located near areas where subsidence historically occurred. Although a majority of the Specific Plan area is currently developed with commercial buildings, retention basins, and parking lots. Krazan & Associates visited the site in 2022 observing the weathered condition of the subgrade at the existing vacant pads in PA2. The near surface soils were found to possess varying in - place densities and moisture contents. Therefore, Krazan & Associates recommended remedial grading (conducted in compliance with City standards), overexcavation and recompaction at the building foundation and parking areas to ensure the subsurface conditions are suitable for the proposed multifamily buildings and parking. This is required as Mitigation Measure GEO-1. Grading plans and structural engineering plans will be reviewed and approved by the City. The project will be conditioned to comply with the current California Building Code (CBC) standards, City requirements, and Mitigation Measures GEO-1 requiring a project -specific Geotechnical Engineering Investigation and 246 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 61 Update Report to reduce the impacts of potentially unstable soils; therefore, less than significant impacts are anticipated. Mitigation: GEO-L Overexcavation and Recompaction — Building and Foundation Areas To reduce post -construction soil movement and provide uniform support for the buildings and other foundations, overexcavation and recomposition within the proposed building footprint areas should be performed to a minimum depth of at least twelve (12) inches below existing grades. The actual depth of the overexcavation and recompaction should be determined by the geotechnical field experts during construction. The exposed subgrade at the base of the overexcavation should then be scarified, moisture -conditioned as necessary, and compacted. The overexcavation and recompaction should also extend laterally five feet (5') beyond edges of the proposed footing or building limits. Any undocumented fill encountered during grading should be removed and replaced with Engineered Fill. This will apply to Buildings 1, 4, 5, and 6. For Building 2 and 3, recommendations presented on the Geotechnical Engineering Investigation should be followed. Overexcavation and Recompaction — Proposed Parking Areas To reduce post -construction soil movement and provide uniform support for the proposed parking and drive areas, overexcavation and recompaction of the near surface soil in the proposed parking area should be performed to a minimum depth of at least twelve (12) inches below existing grades or proposed subgrade, whichever is deeper. The actual depth of the overexcavation and recompaction should also extend laterally at least three (3) feet beyond edges of the proposed paving limits or to the property boundary. Any undocumented fill encountered during grading should be removed and replaced with Engineered Fill. Any buried structures encountered during construction should be properly removed and the resulting excavations backfilled with Engineered Fill, compacted to a minimum of 95 percent of the maximum dry density based on ASTM Test Method D1557. Excavations, depressions, or soft and pliant areas extending below planned finished subgrade levels should be cleaned to firm, undisturbed soils and backfilled with Engineered Fill. Concrete footings should be removed to an equivalent depth of at least 3 feet below proposed footing elevations or as recommended by the Soils Engineer. Any other buried structures encountered, should be removed in accordance with the recommendations of the Soils Engineer. The resulting excavations should be backfilled with Engineered Fill. A representative of a professional geotechnical firm should be present during all site clearing and grading operations to test and observe earthwork construction. This testing and observation is an integral part of the service as acceptance of earthwork construction is dependent upon compaction of the material and the stability of the material. The soils engineer may reject any material that does not meet compaction and stability requirements. d) No Impact. Expansive soils, as defined by the Riverside County General Plan, have a significant amount of clay particles which can give up water (shrink) or take on water (swell). The change in volume exerts stress on buildings and other loads placed on these soils, making them potentially hazardous. These soils can also be widely dispersed, occurring in both hillside areas and low-lying alluvial basins. In the City, soils include alluvial sand and gravel with fine-grained lakebed deposits such as silts and clays in the southern portion of the City. As previously stated, Myoma fine sand occurs on the project site, which has a low shrink -swell potential. Therefore, no impact associated with expansive soils will occur. 247 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 62 Mitigation: None e) No Impact. The Coachella Valley Water District (CVWD) provides the City of La Quinta with sanitary sewer collection and treatment, and according to the 2035 General Plan Update, most of the City is served by sewer. The proposed project is currently served by water and sewer and connects to existing infrastructure. The project proposes to connect with the existing sewer infrastructure to provide sewer to the residential units. For further discussion, consult the Utilities Section of this document. Septic tanks are not proposed, and no impacts are expected. Mitigation: None f) Less than Significant Impact. According to the La Quinta 2035 General Plan Update, paleontological resources are the fossilized remains of ancient plants and animals. They occur in older soils which have been deposited in the Valley over millions of years. Exhibit III-5, Paleontological Sensitivity Map in the 2035 GPU, designates the site in an area with an "undetermined" amount of paleontological sensitivity. However, Exhibit 111-5 also determines that recent dune sand is the primary soil type that is present at the project site. Dune sand varies in depth and could overlay older alluvium at depth. This soil type has a low potential for paleontological resources due to its recent transport into the area. Moreover, the site is currently developed as a paved parking lot and is not recognized as a unique paleontological or a unique geologic feature. No known paleontological sites have been found within the site during previous construction. The potential for uncovering any significant resources during construction activities is unlikely, since the site has already been cleared, graded, and significantly disturbed from the construction of the existing development. Therefore, less than significant impacts are anticipated. Mitigation: None 248 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 63 Potentially Less Than Less Than No 8. GREENHOUSE GAS EMISSIONS -- Significant Significant Significant Impact Would the project: Impact with Mitigation Impact Incorporation a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant ❑ ❑ ® ❑ impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the ❑ ❑ ® ❑ emissions of greenhouse gases? Sources: California Emissions Estimator Model (CalEEMod), Version 2022.1.; California Greenhouse Gas Emissions for 2000 to 2020, Trends of Emissions and Other Indicators, 2022 Edition, California Air Resources Board; California Greenhouse Gas Emissions for 2000 to 2019, Trends of Emissions and Other Indicators, 2021 Edition, California Air Resources Board; Release No. 18-37 & 19-35, California Air Resources Board Press Release, July 2018 and August 2019 Setting: Summary of Local and Statewide Greenhouse Gas Regulations and Trends: Greenhouse gases (GHG) are a group of gases that trap solar energy in the Earth's atmosphere, preventing it from becoming too cold and uninhabitable. Common greenhouse gases in the Earth's atmosphere include water vapor, carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), ozone, and chlorofluorocarbons to a lesser extent. Carbon dioxide is the main GHG thought to contribute to climate change. Carbon dioxide reflects solar radiation back to Earth, thereby trapping solar energy and heat within the lower atmosphere. Human activities (such as burning carbon -based fossil fuels) create water vapor and CO2 as byproducts, thereby impacting the levels of GHG in the atmosphere. Carbon dioxide equivalent (CO2e) is a metric used to compare emissions of various greenhouse gases. It is the mass of carbon dioxide that would produce the same estimated radiative forcing as a given mass of another greenhouse gas. To address the long-term adverse impacts associated with global climate change, California's Global Warming Solutions Act of 2006 (AB 32) requires California Air Resource Board (CARB) to reduce statewide emissions of greenhouse gases to 1990 levels by 2020. In 2016, Governor Jerry Brown signed Senate Bill 32 (SB32) that requires California to reduce GHG emissions to 40 percent below 1990 levels by 2030. With the passage of the California Global Warming Solutions Act of 2006 (Assembly Bill 32) in California, environmental documents for projects pursuant to CEQA are required to analyze greenhouse gases and assess the potential significance and impacts of GHG emissions. California's annual statewide GHG emission inventory is a relevant tool for tracking California's progress in reducing GHGs and achieving the statewide GHG target. The GHG inventory relies on data collected through various California Global Warming Solutions Act (AB 32) programs. On July 11, 2018, CARB announced in a press release (No. 18-37) that greenhouse gas pollution in California fell below 1990 levels for the first time since emissions peaked in 2004, an achievement roughly equal to taking 12 million cars off the road or saving 6 billion gallons of gasoline a year. Moreover, according to the CARB report on California Greenhouse Gas Emissions for 2000 to 2017 (published in 2019), which tracks the trends of GHG emissions, California's GHG emissions have followed a declining trend between 2007 and 2017. In 2017, emissions from GHG emitting activities statewide were 424 million metric tons of CO2 equivalent (MMTCO2e), 5 MMTCO2e lower than 2016 levels and 7 MMTCO2e below the 2020 GHG Limit of 431 MMTCO2e. The data also show that for the first time since California started to track GHG emissions, the state power grid used more energy from zero-GHG sources like solar and wind power than from electrical generation powered by fossil fuels. On July 28, 2021, CARB announced via Press Release No. 21-34 that state Greenhouse Gas Inventory shows emissions have continued to drop below 2020 target, which is a return to the 1990 GHG levels. The target was achieved four years ahead of schedule in 2016. On October 26, 2022, CARB published the California Greenhouse Gas Emissions for 2000 to 2020, Trends of Emissions and Other Indicators. Based on this report, in 2020, emissions from GHG emitting activities statewide 249 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 64 were 369.2 million MMTCO2e, 35.3 MMTCO2e lower than 2019 levels and 61.8 MMTCO2e below the 2020 GHG Limit of 431 MMTCO2e. The 2019 to 2020 decrease in emissions was deemed likely due in large part to the impacts of the COVID-19 pandemic. Economic recovery from the pandemic may result in emissions increases over the next few years. As such, the total 2020 reported emissions are likely an anomaly, and any near -term increases in annual emissions should be considered in the context of the pandemic. South Coast Air Quality Management District: On December 5, 2008, the SCAQMD Governing Board adopted the staff proposal for an interim GHG significance threshold for projects where the SCAQMD is lead agency. A threshold for projects where SCAQMD is not the lead agency has not been adopted. The City of La Quinta also has not adopted a GHG numeric threshold of significance. From the interim GHG guidance, a GHG emission level of 3,000 MTCO2e has traditionally served as measure to distinguish small projects that can be screened out while achieving the emission capture rate of 90 percent for all new or modified projects subject to environmental review. According to the SCAQMD guidance, the 90 percent emission capture rate sets the emission threshold low enough to capture a substantial fraction of future stationary source projects that will be constructed to accommodate future statewide population and economic growth, while setting the emission threshold high enough to exclude small projects that will in aggregate contribute a relatively small fraction of the cumulative statewide GHG emissions. This assertion is based on estimates that these GHG emissions would account for less than one percent of future 2050 statewide GHG emissions target (85 MMTCO2eq per year). In addition, these small projects would be subject to future applicable GHG control regulations that would further reduce their overall future contribution to the statewide GHG inventory. For reference, the other screening associated with GHG significance thresholds involves an interim tiered approach summarized as follows: • Tier 1 consists of evaluating whether or not the project qualifies for any applicable exemption under CEQA. • Tier 2 consists of determining whether the project is consistent with a GHG reduction plan. If a project is consistent with a qualifying local GHG reduction plan, it does not have significant GHG emissions. • Tier 3 consists of screening values, which the lead agency can choose, but must be consistent with all projects within its jurisdiction. A project's construction emissions are averaged over 30 years and are added to the project's operational emissions. If a project's emissions are below one of the following screening thresholds, then the project is less than significant: o Residential and Commercial land use: 3,000 MTCO2e/yr o Industrial land use: 10,000 MTCO2e/yr o Based on land use type: residential: 3,500 MTCO2e/yr; commercial: 1,400 MTCO2e/yr; or mixed use: 3,000 MTCO2e/yr • Tier 4 has the following options: o Option 1: Reduce Business -as -Usual (BAU) emissions by a certain percentage; this percentage is currently undefined. o Option 2: Early implementation of applicable AB 32 Scoping Plan measures o Option 3: 2020 target for service populations (SP), which includes residents and employees: 4.8 MTCO2e/SP per year for projects and 6.6 MTCO2e per SP per year for plans; o Option 3, 2035 target: 3.0 MTCO2e/SP per year for projects and 4.1 MTCO2e per service population per year for plans • Tier 5 involves mitigation offsets to achieve target significance threshold. City of La Quinta Greenhouse Gas Reduction Plan: 250 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 65 In 2012, the Greenhouse Gas Reduction Plan was prepared as part of the City's General Plan Update, drawing input from utility providers and various technical studies to conduct the community wide and government specific greenhouse gas inventory. The inventory established a baseline year of 2005, then projected future year emissions based on 2005 emission levels. The reduction targets identified in the Plan are consistent with AB 32 and a goal to reduce CO2e emissions to 10 percent below 2005 levels by 2020 and 28 percent below 2005 levels by 2035. The La Quinta GHG Reduction Plan was established in compliance with AB 32 and EO S-3-05, in order to reduce the amount of GHG emissions produced in the City. Using AB 32 and EO 5-3-05 as a guide, the GHG Reduction Plan established policies and programs in order for the City to achieve the reduction expectations. According to the GHG Reduction Plan, new development is required to adhere to the latest building code standards, which assure energy efficiency and incorporate passive and active design features intended to benefit the overall operating efficiency of new buildings. a) Less Than Significant Impact. Although the City of La Quinta does not have an adopted GHG numeric threshold of significance, for analysis purposes, the GHG level of 3,000 MTCO2e was used in this analysis as the initial screening level for determining significant impacts. CalEEMod 2022.1 was used to calculate the proposed project's GHG emission levels by taking into account the proposed land development parameters (land uses and facility dimensions) as inputs to the software model. These inputs included 95 low-rise apartment units and up to 200 parking spaces. The Institute of Transportation Engineers (ITE) Land Use Code (220) and daily trip generation rate of 6.74 trips per unit are consistent with the Traffic Memorandum for this project. The associated household size of 2.37 persons per household is based on the most current CA Department of Finance E-5 data for La Quinta available at the time of preparation. Construction -related GHG emissions were amortized over a 30-year period and added to the proj ect's annual operational GHG emissions. The operational GHG emissions can be attributed to area sources, mobile sources, solid wastes and water supply, treatment and distribution of the proposed operations. For comparison purposes, a separate CalEEMod analysis was performed for the unbuilt commercial uses previously approved in proposed PA2 area under the governing Specific Plan and associated amendments. Consistent with the traffic memorandum, these uses include a home improvement store of 42,527 square feet and strip retail uses of 48,002 square feet. The SPA allows either development of residential units, or development of the previously approved commercial uses. Table VIII-1 summarizes the estimated GHG emissions resulting from the proposed residential project to compare against the screening level. The table also includes the estimated GHG emissions associated with the development of commercial uses on the site. Table VIII-1 Comparison of Total Project Greenhouse Gas Emissions Associated with the Proposed Project and Approved Uses Emission Source Emissions Metric Tons of Carbon Dioxide Equivalent (MTCO2e) per year Total MTCO2e Total MTCO2e (All Sources) for Residential Project 646.43 Screening Level 3,000 MTCO2e Screening Level Exceeded? NO Total MTCO2e (All Sources) for Commercial Project 3,460.16 Screening Level 3,000 MTCO2e Screening Level Exceeded? YES Note: Emission levels for each project component account for amortized construction emissions (30-year time frame), area, energy, mobile, aste, and water usage sources respectively. 251 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 66 As shown in Table VIII-1 resulting from the CaIEEMod calculations, the proposed residential project is expected to generate approximately 646.43 MTCO2e per year from construction, area, energy, mobile sources, waste, and water usage sources. Therefore, the residential project GHG emissions would not exceed the pertinent screening level of 3,000 MTCO2e per year and at such scale, would not be expected to interfere with the plans, policies, or regulations adopted for the purpose of reducing the emissions of greenhouse gases. For comparison and using the same software methodology, the commercial uses would be expected to result in approximately 3,460 MTCO2e per year based on the construction, area, energy, mobile sources, waste, and water usage sources potentially attributed to such uses. The commercial project option would exceed the criteria, but would meet SCAQMD's criteria for projects constructed under an adopted Climate Action Plan. The policies and programs under the La Quinta GHG Reduction Plan aimed at emissions reductions for new development through meeting to the latest building code standards to increase energy efficiency of new buildings will be met by the project through compliance with all Title 24 energy efficiency standards. As a measure of sustainability, the proposed development contemplates the implementation of electric vehicle chargers and solar panel systems, which combined with the use of new, high efficiency appliances and mechanical HVAC systems, and high efficiency windows, would increase the dwelling unit or commercial space energy efficiency. Since the project, regardless of its uses, will be subject to the requirements of the City's GHG Reduction Plan, impacts will be less than significant. Mitigation: None b) Less than Significant Impact. California statewide GHG emissions dropped below the 2020 GHG Limit in 2016 and have remained below the 2020 GHG Limit since then, generally dropping since 2004. In 2019, emissions from GHG emitting activities statewide were 418.1 MMTCO2e, 7.1 MMTCO2e lower than 2018 levels and almost 13 MMTCO2e below the 2020 GHG limit of 431 MMTCO2e. The 2021 report also indicates that transportation emissions had continued to decline in 2019 as they had done in 2018, with even more substantial reductions due to a significant increase in renewable diesel (up 61 percent from 2018), making diesel fuel bio-components (biodiesel and renewable diesel) 27 percent of total on -road diesel sold in California. Total electric power emissions decreased by almost 7 percent in 2019, due to a continuing increase in renewable energy, including a 46 percent increase in available hydropower in 2019. Transportation is the largest emitter of GHGs; therefore, the City recognizes that fuel efficiency standards, land use efficiencies, and reducing overall VMTs will result in the reduction of GHGs. The City established general goals, policies, and programs to reduce emissions from the transportation sector at a local level. The policies and programs are intended to reduce dependence on personal motor vehicles and encourage alternative modes of transportation, such as public transit, cycling and walking. For example, implementation measure New Development (ND) 6, regarding transportation, requires that all new development in the City accommodate pedestrians and bicyclists by (1) including facilities for safe and convenient bicycle parking from non-resident and multi -family development, and (2) considering access routes for pedestrians and bicycles. The project will conform to this implementation measure by incorporating dedicated bicycle parking and pedestrian walkways. In summary, the project is not expected to conflict with any applicable plan, policy or regulation for the purpose of reducing GHG emissions. Less than significant impacts are anticipated. Mitigation: None 252 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 67 Potentially Less Than Less Than No 9. HAZARDS AND HAZARDOUS MATERIALS - Significant Significant Significant Impact - Would the project: Impact with Mitigation Impact Incorporation a) Create a significant hazard to the public or the environment through the routine transport, use, or ❑ ❑ ® ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous ❑ ❑ ® ❑ materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste ❑ ❑ ❑ within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would ❑ ❑ ® ❑ the project result in a safety hazard or excessive noise for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ® ❑ emergency evacuation plan? g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death ❑ ❑ ® ❑ involving wildland fires? Sources: Department of Toxic Substances Control, EnviroStor 2022; Enforcement and Compliance History Online, 2022; La Quinta Police Department website; State Water Resources Control Board, GeoTracker, 2022; Very High Fire Hazard Severity Zones in Locally Responsible Areas, CALFIRE, accessed 2022; Noise and Vibration Impact Analysis, Jefferson Square Multi - Family Project, LSA, 2022. Setting: Hazardous Materials The Code of Federal Regulations (CFR Title 40, Part 261) defines hazardous materials based on ignitability, reactivity, corrosivity, and/or toxicity properties. The State of California defines hazardous materials as substances that are toxic, ignitable, or flammable, reactive and/or corrosive, which have the capacity of causing harm or a health hazard during normal exposure or an accidental release. As a result, the use and management of hazardous or potentially hazardous substances is regulated under existing federal, state, and local laws. Hazardous Waste The United States Environmental Protection Agency (EPA) simply defines hazardous waste as a waste with properties that make it dangerous or capable of having a harmful effect on human health or the environment. Hazardous waste is generated from sources ranging from industrial manufacturing process wastes to batteries and may come in many forms, including liquids, solids, gases, and sludges. These can include everyday commercial products, such as pesticides, cleaning fluids, and household sprays, as well as byproducts of manufacturing processes. A hazardous material may become hazardous waste upon its accidental release into the environment. All hazardous wastes must be discharged into a Class I landfill. No Class I landfill is currently operated within Riverside County. 253 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 68 Hazardous Waste generated within Riverside County and disposed of in Kern County or Santa Barbara County, where active Class I landfills are located. Some waste is also transported out of the State. Many types of businesses can be producers of hazardous waste. Small businesses such as dry cleaners, auto repair shops, medical facilities or hospitals, photo processing centers, and metal plating shops are usually generators of small quantities of hazardous wastes. Generators of large quantities of hazardous waste include chemical manufacturers, large electroplating facilities, and petroleum refineries. All significant spills, releases or threatened releases of hazardous materials must be immediately reported. In the City of La Quinta, hazardous materials are limited to small quantity generators (those generating less than 1,000 kilograms of hazardous waste per month), ranging from individual households to service stations and medical clinics. Household hazardous waste can be disposed of properly through Household Hazardous Waste disposal events, or at a network of "ABOP" facilities operated by the Riverside County Waste Management Department. An ABOP — or Antifreeze, Batteries, Oil, Paint — facility is located in Palm Springs, at 1100 Vella Road, and accepts these materials, as well as electronic waste. Household Hazardous Waste disposal events are held periodically at varying locations throughout the County, including cities in the Coachella Valley. Adverse environmental impacts can occur when household hazardous materials are disposed of in unlined sanitary landfills, where these materials may leach through the soil and contaminate groundwater. Local Schools The project site is located within the boundary of the Desert Sands Unified School District. The closest school is the John Glenn Middle School, located approximately 0.40 miles northeast of the project site at 79655 Miles Avenue. Public Airports/Private Airstrips The Palm Springs International Airport is located approximately 14.20 miles to the northwest of the project, and the Bermuda Dunes Airport is located approximately 1.10 miles north of the project. Additionally, the Jacqueline Cochran Regional Airport is located approximately 8.70 miles southeast of the project site. a-b) Less than Significant Impact. The Code of Federal Regulations (CFR Title 40, Part 261) defines hazardous materials based on ignitability, reactivity, corrosivity, and/or toxicity properties. The State of California defines hazardous materials as substances that are toxic, ignitable or flammable, reactive and/or corrosive, which have the capacity of causing harm or a health hazard during normal exposure or an accidental release. As a result, the use and management of hazardous or potentially hazardous substances is regulated under existing federal, state and local laws. Hazardous wastes require special handling and disposal methods to reduce their potential to damage public health and the environment. Manufacturer's specifications dictate the proper use, handling, and disposal methods for the specific substances. In most cases, it is a violation of Federal or State law to improperly store, apply, transport, or dispose of hazardous materials and waste. Hazardous waste could occur within the Specific Plan area during construction and operation. Construction Construction of the proposed project is expected to involve the temporary management and use of oils, fuels and other potentially flammable substances. The nature and quantities of these products would be limited to what is necessary to carry out construction of the project. Some of these materials would be transported to the site periodically by vehicle and would be stored in designated controlled areas on a short- term basis. When handled properly by trained individuals and consistent with the manufacturer's instructions and industry standards, the risk involved with handling these materials is considerably reduced. The contractor will be required to identify a controlled staging area within the project limits for storing materials and equipment. The contractor will also be required to implement best management practices (BMPs) to ensure that impacts are minimized and that any minor spills are immediately and properly remediated. 254 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 69 Furthermore, to prevent a threat to the environment during construction, the management of potentially hazardous materials and other potential pollutant sources will be regulated, in part, through the implementation of measures required in the Storm Water Pollution Prevention Plan (SWPPP) for the project. The SWPPP requires a list of potential pollutant sources and the identification of construction areas where additional control measures are necessary to prevent pollutants from being released on -site or into the surroundings. Best management practices (BMPs) are necessary for proper material delivery and storage; material use; and spill prevention and control. For example, all construction materials, including paints, solvents, and petroleum products, must be stored in controlled areas and according to the manufacturer's specifications. In addition, perimeter controls (fencing with wind screen), linear sediment barriers (gravel bags, fiber rolls, or silt fencing), and access restrictions (gates) would help prevent temporary impacts. With such standard measures in place, less than significant impacts are anticipated during construction. Operation The SPA No. 3 allows the development of up to 95 multifamily units with associated parking or 47,500 square feet of commercial retail with associated parking on approximately 5.10 acres in PA2. The nature of residential buildings is not expected to involve, as a primary activity, the routine transport, use, or disposal of hazardous materials in quantities or a manner that would pose a threat to the project and its surroundings or create a significant hazard through a foreseeable accident conditions involving the release of hazardous materials into the environment. The operation of residential units will not store or use large amounts of hazardous materials. The handling, application, and storage of cleaning agents, building maintenance products, paints, solvents and other related substances is expected to occur within the project. The handling, storage, and use of these materials would be similar to those used if PA2 was developed with the commercial uses currently approved in the Specific Plan. However, these materials would not be present in sufficient quantities to pose a significant hazard to public health and safety, or the environment. As stated in the Environmental Assessment 2002-462, supporting the commercial retail development plan proposed in SPA No. 2, the commercial retail project would include typical commercial development found in a neighborhood shopping center. Should any of the businesses wish to store or transport hazardous waste, they will be required to secure all necessary permits from the Riverside County Health Department and other agencies, as needed, to allow for such storage or transport. The standards imposed by these agencies will lower the potential impacts associated with hazardous materials to a less than significant level. Project construction and operation is expected to result in less than significant impacts. Mitigation: None c) No Impact. The project site is not located within '/4 mile of an existing or proposed school. The closest school to the project site is John Glenn Middle School, located approximately 0.40 miles southwest of the project. Therefore, no impacts are expected. Mitigation: None d) No Impact. Pursuant to Government Code 65962.5 and its subsections, record searches on the project property were performed within multiple database platforms. The resources consulted included GeoTracker, EnviroStor and the EPA Enforcement and Compliance History Online (ECHO). In September 2022, a search was performed on all three database platforms. The three consulted databases did not list any facilities related to the project site. The three databases, however, recorded sites within one mile of the project property. The results are described below. 255 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 70 The GeoTracker database listed one registered Leaking Underground Storage Tank (LUST) Cleanup Site within one mile of the project site. One registered LUST Site is listed as Apple Market #5 located at 80631 Indio Boulevard, approximately 1.0-mile northeast of the project site. The registered site is listed as "Completed, Case Closed" as of 2008. The registered facility will not affect the project site due to its distance from the project, and its status of "Completed -Case Closed." The search results in the EnviroStor database listed one School Investigation site within a mile of the project property. The School Investigation site includes the Hopkins Night School Extension Property, approximately one -mile southwest of the project site. The facility has a status of "Inactive — Withdrawn" as of 2003, according to the EnviroStor database. The ECHO database listed two facilities within a one -mile radius of the project site. The closest registered facility is CVS Pharmacy #3341, located at 44075 Jefferson Street. This site lies within the Jefferson Square Specific Plan area and is registered in the Resource Conservation and Recovery Act (RCRA) as an active large quantity generator (LQG). The site currently does not have any violations. The other registered facility is La Quinta High School, at 79255 Westward Ho Drive. The site lies approximately 1.0 mile southwest of the project site. The site is registered as an active other facility by the RCRA. Both sites are listed within the database as not having an identified violation within the recorded three-year history. Therefore, the listed sites are not anticipated to impact the project. After the search of the three databases, it can be concluded that the registered facilities are not anticipated to affect the project site due to their distance to the site and their status as "Completed -Case Closed" or no violations. Overall, no impacts are anticipated. Mitigation: None e) Less than Significant Impact. The closest airport to the project site is the Bermuda Dunes Airport, located approximately 1.15 miles northeast of the project. Planes will fly over the project intermittently when traveling to and from the airport, however, the project would not be impacted by the airport operations. The Bermuda Dunes Airport is a privately -owned facility. The airport particularly caters to corporate -type, twin - engine propeller aircraft, and small business jets. These aircrafts do not typically carry or emit hazardous materials to surrounding areas. The runway constraints and space to park aircraft both serve to prevent a high number of incoming and outgoing flights. Annually, the airport receives an average of 115 flights per day. Flights approaching and departing the Bermuda Dunes Airport may fly over the City and the project site with an intermittent frequency, however, it is not anticipated to result in a safety hazard or excessive noise for people residing or working in the project area. The project is located within Zone E of the Bermuda Dunes Airport Land Use Compatibility Plan. Therefore, the project is subject to review from the Riverside County Airport Land Use Commission (ALUC). On July 13, 2023, ALUC reviewed the project as ZAP1091BD23 and found the SP2022-0004, TTM2022-0003, and SDP2022-0015, consistent with the 2004 Bermuda Dunes Airport Land Use Compatibility Plan, subject to the conditions listed below: 1. Any outdoor lighting installed shall be hooded or shielded to prevent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing. 2. The following uses shall be prohibited: a. Any use or activity which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach 256 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 71 toward a landing at an airport, other than an FAA -approved navigational signal light or visual approach slope indicator. b. Any use or activity which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. c. Any use or activity which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, outdoor production of cereal grains, sunflower, and row crops, composting operations, wastewater management facilities, artificial marshes, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition debris facilities, fly ash disposal, and incinerators.) d. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. e. Any use which results in a hazard to flight, including physical (e.g., tall objects), visual, and electronic forms of interference with the safety of aircraft operations. The attached "Notice of Airport in Vicinity" shall be provided to all prospective purchasers and occupants of the property. 4. Any proposed stormwater basins or facilities shall be designed and maintained to provide for a maximum 48-hour detention period following the design storm, and remain totally dry between rainfalls. Vegetation in and around the basins that would provide food or cover for birds would be incompatible with airport operations and shall not be utilized in project landscaping. Trees shall be spaced so as to prevent large expanses of contiguous canopy, when mature. Landscaping in and around the basin(s) shall not include trees or shrubs that produce seeds, fruits, or berries. Landscaping in the stormwater basin, if not rip -rap, should be in accordance with the guidance provided in ALUC "LANDSCAPING NEAR AIRPORTS" brochure, and the "AIRPORTS, WILDLIFE AND STORMWATER MANAGEMENT" brochure available at RCALUC.ORG which list acceptable plants from Riverside County Landscaping Guide or other alternative landscaping as may be recommended by a qualified wildlife hazard biologist. A notice sign, In a form similar to that attached hereto, shall be permanently affixed to the stormwater basin with the following language: "There is an airport nearby. This stormwater basin is designed to hold stormwater for only 48 hours and not attract birds. Proper maintenance is necessary to avoid bird strikes". The sign will also include the name, telephone number or other contact information of the person or entity responsible to monitor the stormwater basin. As stated in the project -specific Noise and Vibration Impact Analysis by LSA (Appendix G), airport -related noise levels are primarily associated with aircraft engine noise made while aircraft are taking off, landing, or running their engines while still on the ground. The proposed project is located outside of the 60 dBA CNEL noise contour for the airport, therefore, the airport would not result in excessive noise for people residing in the area. Additionally, the Palm Springs International Airport is located approximately 14.20 miles to the northwest of the project, and the Jacqueline Cochran Regional Airport is located approximately 8.70 miles southeast 257 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 72 of the project site. As a result, the project is located outside of the Palm Springs and Jacqueline Cochran airports' influence and planning area. Less than significant impacts are expected. Mitigation: None f) Less than Significant Impact. The Emergency Services Element of the La Quinta 2035 GPU addresses multiple components of the City's public safety services, including police and fire service, emergency medical response and emergency preparedness. The City of La Quinta is contracted for police services from the Riverside County Sheriff's Department. The La Quinta Police Department is approximately 5 miles southwest of the proposed site. This Department provides service to an area of over 33 square miles and a population of over 38,075 residents. Fire services in the City of La Quinta are provided by three fire stations in the City including: Fire Station #32 at 78111 Avenue 52, Station #70 at 54001 Madison Street, and Station #93 at 44555 Adams Street. The closest fire station to the project is Station #93 is located approximately 0.90 miles northeast of the project. The Police and Fire Departments within the City rely on mutual aid agreements with neighboring jurisdictions to provide additional services when necessary. According to the City of La Quinta 2035 GPU, the City's primary tool in preparing for emergencies is its adopted Emergency Operations Plan (EOP). The EOP establishes procedures and responsibilities for City personnel and acts as a guide for the City's response to emergencies. The EOP is managed by the Emergency Services Division Manager who is responsible for both planning and implementation of emergency response efforts and preparedness in the City. The Division coordinates with other local jurisdictions and the County of Riverside in emergency response training. The City also participates in the California Standardized Emergency Management System (SEMS) program, and FEMA's National Incident Management System (NIMS). Volunteer groups such as the Community Emergency Response Team (CERT), the Radio Amateur Civil Emergency Service (RACES) and the Amateur Radio Emergency Service (ARES) all participate in emergency response during disasters or emergency situations. The project will be reviewed by City and Fire officials to ensure adequate fire service and safety as a result of project implementation. Moreover, as a standard condition, the project will implement its own emergency evacuation plan for each applicable area of the project. Regional emergency evacuation routes for the Coachella Valley include the Interstate 10 freeway and Highway 111. The project proposes no changes to any surrounding roadways, or any City evacuation route. Project implementation is not expected to interfere with the critical facilities, emergency transportation and circulation, emergency preparedness coordination. Less than significant impacts are anticipated. Mitigation: None g) Less than Significant Impact. Currently, PA2 includes paved parking spaces and two graded pads, and PA1 consists of developed commercial uses. Existing land uses that surround the project include commercial structures east of the project, residential homes north and south of the project, and a neighborhood park west of the project. According to CALFIRE's Fire Hazard Severity Zones in State Responsible Areas Map, the project site is not located in a Moderate, High, or Very High Fire Hazard Severity Zone. In addition, CALFIRE's Very High Fire Hazard Severity Zone (VHFHSZ) in Locally Responsible Areas (LRAs) Map indicates that the project is located in a Local, State/Federal non-VHFHSZ area. Therefore, impacts of exposing people or structures to a significant risk involving wildland fires are expected to be less than significant. Mitigation: None 258 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 73 10. HYDROLOGY AND WATER QUALITY-- Potentially Less Than Less Than No Would the project: Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Violate any water quality standards or waste discharge requirements or otherwise substantially ❑ ❑ ® ❑ degrade surface or ground water quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable ❑ ❑ ® ❑ groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner, which would result in substantial erosion or siltation on- or off -site? i) result in substantial erosion or siltation on- or off -site; ❑ ❑ ❑ ❑ ii) substantially increase the rate or amount of surface runoff in a manner which would result in ❑ ❑ ❑ ❑ flooding on- or off -site; iii) create or contribute runoff water which would exceed the capacity of existing or planned ❑ ❑ ❑ ❑ stormwater drainage systems or provide substantial additional sources of polluted runoff, or iv impede or redirect flood flows? ❑ ❑ ❑ d) In flood hazard, tsunami, or seiche zones, risk ❑ ❑ ❑ release of pollutants due to project inundation? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater ❑ ❑ ❑ managementplan? Sources: Flood Insurance Rate Map # 06065C2232G, Federal Emergency Management Agency (FEMA), Effective August 28, 2008; Water Quality Control Plan for the Colorado River Basin Region, January 2019; 2020 Coachella Valley Regional Urban Water Management Plan, June 2021; Preliminary Hydrology Report for Jefferson Square Residential, December 2022; Project Specific Water Quality Management Plan (WQMP) for Jefferson Square Residential, December 2022. Setting: Summary of Regulatory Framework Relevant to Hydrology and Water Quality Hydrology refers to the occurrence, distribution, and movement of surface water, including water found in rivers and stormwater drainage systems. Stormwater particularly refers to the surface runoff and drainage resulting from rain events. Stormwater runoff and surface drainage patterns are determined by the soil conditions, topography, and associated gradients of the land. Surface water quality refers to selected physical, chemical, or biological characteristics found in stormwater in relation to existing standards. Groundwater is the water found underground in the voids in soil, sand, and rock. It is stored in and moves slowly through aquifers. Groundwater supplies are naturally replenished, or recharged, by precipitation that seeps into the land's surface and by replenishment efforts made by local water agencies. The Clean Water Act (CWA) of 1972 was enacted to restore and maintain the chemical, physical, and biological integrity of the nation's waters by regulating the discharge of pollutants to waters of the U.S. from point sources. The National Pollutant Discharge Elimination System (NPDES) was enacted as a program under the CWA to regulate non -point source discharges from urban land runoff and other diffused sources that were also found to contribute to runoff pollution. Under CWA, the Environmental Protection Agency (EPA) delegated the NPDES program responsibility to various state, tribal, and territorial governments, enabling them to perform many of the 259 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 74 permitting, administrative, and enforcement aspects of the program. California is a delegated NPDES state and has authority to administer the NPDES program within its limits. The Porter -Cologne Water Quality Control Act (California Water Code section 13000 et seq.) is the principal law governing water quality regulation for surface waters in California and effectuates the delegated provisions of the federal CWA and its NPDES program. It has set forth a comprehensive program to protect water quality and the beneficial uses applicable to surface waters, wetlands, and ground water and to point and nonpoint sources of pollution. The Porter -Cologne Act establishes that, as a matter of policy, all the waters of the State shall be protected; all activities and factors affecting the quality of water shall be regulated to attain the highest water quality within reason; and that the state must be prepared to exercise its full power and jurisdiction to protect the quality of water in the state from degradation. The Porter -Cologne Act established the State Water Resources Control Board (SWRCB) and nine California Regional Water Quality Control Boards (RWQCBs), including Region 7, Colorado River Basin Regional Water Quality Control Board, which has jurisdiction in the City of La Quinta and project site. Under this framework, the Colorado River Basin Water Quality Control Plan (Basin Plan) serves as the guiding document prepared, adopted, and maintained to identify the existing and potential beneficial uses of waters of the State and establish water quality objectives to protect these uses Section 13374 of the California Water Code (CWC), establishes "Waste Discharge Requirements" (WDRs) ,attained through a regulatory compliance process. Compliance with WDRs is achieved through the appropriate permit registration process under the applicable NPDES programs described in this section. At the regional level, the project is located within the Whitewater River Watershed, which is an and desert region encompassing approximately 1,645 square miles. Within this watershed, an area of approximately 367 square miles (22 percent) is regulated under the established Whitewater River Region Municipal Separate Storm Sewer System Permit (MS4 Permit). The Riverside County Flood Control and Water Conservation District (RCFC&WCD), Coachella Valley Water District (CVWD), and the incorporated Coachella Valley cities, including La Quinta, have joint permittee responsibility for coordinating the regional MS4 Permit compliance programs and other activities aimed at reducing potential pollutants in urban runoff from land development construction, municipal, commercial, and industrial areas to the maximum extent possible. At the City level, hydrology and stormwater standards required for the control of drainage and floodwater flows are established in Section 13.24.120 (A) of the La Quinta Municipal Code and in La Quinta Engineering Bulletin #06-16 (Hydrology and Hydraulic Report Criteria for Storm Drain Systems). The City's stormwater regulations are designed to align with the MS4, NPDES, and CWA programs. The City's engineering review process ensures that improvement plans are reviewed for compliance with the City's requirements pertaining to grading, hydrology, and stormwater management prior to issuance of grading permits. Existing Drainage Conditions: The Jefferson Square Specific Plan (SP 2002-062) area includes approximately 10.27 acres at the southwest corner of Jefferson Street and Fred Waring Drive with existing commercial development. The project area encompasses two graded pads and improved parking lot surfaces in the proposed PA2 of the existing commercial plaza. The unbuilt pads were previously approved for commercial uses consisting of a home improvement store and retail uses. The Specific Plan Amendment provides for the development of either residential or commercial uses in PA2. The Site Development Permit proposes the development of 89 residential units, consistent with the residential option in the SPA. The current site condition and extent of existing improvements are the result of prior entitlement and engineering approvals, including final grading, storm drain and hydrology plans. The approved engineering plans were designed to serve the commercial plaza as a whole and three sub -areas (drainage areas A, B and C) were delineated within the development for hydrology and stormwater management purposes. Within each drainage area, grade differentials (high points), barriers, and conveyances were established as part of the privately operated storm drain system to direct runoff into the respective retention systems. Engineered surface flows refer to the controlled sheet flow across parking lot and hardscape surfaces and subsequently along standard curb and gutter conveyances leading to storm drain inlets. Drainage Area A: Runoff from this drainage area of approximately 6.84 acres is conveyed along engineered surface and piped flows into an existing underground retention structure sized to contain and infiltrate the total stormwater 260 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 75 volume resulting from the controlling 100-year storm event. The tributary area includes an off -site portion of the Jefferson Street frontage on the east. As a method of water quality treatment, a flow -through hydrodynamic separator occurs before waters enter the underground retention structure. The function of this device is to separate trash, debris, and hydrocarbons from stormwater prior to the retention process. Drainage Area B: Runoff from this drainage area of approximately 3.70 acres is conveyed along controlled surface and piped flows into an existing surface retention basin (Basin B) sized to contain and infiltrate the total stormwater volume resulting from the controlling 100-year storm event. The tributary area includes a portion of the Fred Waring frontage on the north. As a method of water quality treatment, a flow -through hydrodynamic separator is installed to intercept flows prior to their entry into the retention basin. Drainage Area C: Runoff from this drainage area of approximately 2.45 acres is conveyed along controlled surface and piped flows into an existing surface retention basin (Basin C) sized to contain and infiltrate the total stormwater volume resulting from the 100-year storm event. The tributary area includes a portion of the Jefferson Street frontage on the east. A drywell system is installed at the bottom of the basin to capture debris and promote stormwater drawdown. The existing conditions in Drainage Area C also incorporate potential emergency overflow runoff from the adjacent park site to the west. In a storm event exceeding the retention capacity at the park site, runoff would be allowed to enter the existing Basin C before out -letting in a controlled condition onto Jefferson Street. A summary of the existing drainage conditions is provided in Table X-1. As shown in Exhibit X-1, the area of disturbance associated with the SPA occurs within PA2, where development is planned as part of the project. Table X -1 Summary of Hydrology Areas and Retention Capacities Controlling Existing Existing Existing Drainage Area 100-Year Stormwater Retention Method of Water Quality Area ID (Acres) Volume for Drainage Volume Capacity Retention Treatment Area (Cubic Feet) (Cubic Feet) A 6.84 52,933 53,012 Underground Hydrodynamic Structure Separator B 3.70 27,010 28,031 Surface Basin Hydrodynamic Separator C 2.45 17,834 18,937 Surface Basin Drywell Total Site 12.99 97,777 99,980 Source: Preliminary Hydrology Report for Jefferson Square Residential, December 2022. Note: The hydrology report concludes that the peak flow will decrease by approximately 1.5% upon project implementation. 261 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 76 Exhibit X -1 Existing Retention Facilities Summary of Regional Groundwater Resource Management: The project site and entire City of La Quinta are located within the domestic water service area of Coachella Valley Water District (CVWD), which covers approximately 1,000 square miles, serving approximately 110,000 homes and businesses. The Coachella Valley Groundwater Basin is the primary groundwater source for the project region's domestic water purveyors, including CVWD. Based on the California Department of Water Resources (DWR), the Coachella Valley Groundwater Basin has an approximate storage capacity of 39.2 million acre-feet (AF) of water within the upper 1,000 feet and is divided into four subbasins: Indio, Mission Creek, Desert Hot Springs, and San Gorgonio. The project site is specifically underlain by the Indio Subbasin, which is also known as the Whitewater River Subbasin. DWR has estimated that the Indio Subbasin contains approximately 29.8 million AF of water in the first 1,000 feet below the ground surface, representing approximately 76 percent of the total groundwater in the Coachella Valley Groundwater Basin. Local groundwater management is currently taking place under the framework of the 2020 Coachella Valley Regional Urban Water Management Plan (2020 RUWMP), the preparation of which involved the collaboration of the six urban water suppliers in the Coachella Valley, including CVWD. The 2020 RUWMP describes the region's water supplies and anticipated demands through 2045, along with each agency's programs to encourage efficient water use. In 2002, CVWD developed the 2002 Coachella Valley Groundwater Management Plan in collaboration with other local stakeholders with a focus on reducing overdraft, preventing groundwater level decline, protecting groundwater quality, and preventing land subsidence. In 2010, the Coachella Valley Groundwater Management Plan Update was prepared to document the accomplishments in reducing overdraft and address changed conditions since 2002. In 2014, the Governor signed a three -bill legislative package into law, collectively known as the Sustainable Groundwater Management Act (SGMA), allowing local agencies to manage groundwater resources in a sustainable manner. SGMA required that a Groundwater Sustainability Plan (GSP) or Alternative Plan to a GSP (Alternative Plan) be adopted for basins and subbasins designated by the DWR as medium- and high -priority basins. The Indio Subbasin was designated as a medium -priority subbasin by DWR. 262 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 77 CVWD, Coachella Water Authority (CWA), Desert Water Agency (DWA), and Indio Water Authority (IWA) collectively represent the Indio Subbasin Groundwater Sustainability Agencies (GSAs). In January 2017, the GSAs submitted to DWR the 2010 Coachella Valley Water Management Plan (2010 CVWMP), accompanied by an Indio Subbasin Bridge Document, as a SGMA-compliant Alternative Plan. On July 17, 2019, DWR approved the Alternative Plan with a requirement to submit an Alternative Plan Update by January 1, 2022 and every five years thereafter. Based on the Indio Subbasin SGMA documentation, the combined strategies have resulted in significant groundwater storage increases across the subbasin, thus allowing the region to comply with the framework for sustainable management. In 2019, the six urban water suppliers in the Coachella Valley, including CVWD, agreed to collaborate on the preparation of the 2020 RUWMP with regional and individual agency content. In June of 2021 CVWD's Water Shortage Contingency Plan (WSCP) was prepared to outline each agency's actions that could be taken during a water shortage to reduce demands. According to the WSCP, drought conditions are not expected to affect CVWD's Colorado River water supply due to the agency's high priority allocation. Colorado River water is not a direct source of urban water supply; it is used for groundwater replenishment and non -potable uses. Consequently, water use restrictions due to drought involving the SWP water supply would likely be implemented only as a result of a prolonged drought. During dry periods when less imported water is available, groundwater production is expected to exceed the amount of recharge, and the volume in storage will be reduced. CVWD collaborates with the operation and maintenance of three replenishment facilities serving the Indio Subbasin: the Whitewater River Groundwater Replenishment Facility, the Thomas E. Levy Groundwater Replenishment Facility, and the Palm Desert Groundwater Replenishment Facility. Artificial replenishment, or recharge, is recognized by the water districts as one of the most effective methods available for preserving local groundwater supplies, reversing aquifer overdraft and meeting demand by domestic consumers. According to the CVWD web site on Groundwater Replenishment and Imported Water, local agencies have percolated over 650 billion gallons of water back into the aquifer. Combined with water conservation and efficiency requirements, individual development projects can contribute to groundwater sustainability by implementing the required stormwater retention and infiltration facilities. a) Less than Significant Impact. During construction and operation (life of the project), implementation of the proposed development will be required to comply with the applicable CWA, NPDES, state, and local regulations designed to prevent violations or impacts to surface water quality standards and waste discharge requirements pertinent to surface or ground water quality. The project does not seek any permitting actions that would vary from the established requirements and associated compliance plans. During the period of construction, the project proponent must comply with the State's most current NPDES Construction General Permit (CGP), Order No. 2009-0009-DWQ, as amended by 2010-0014-DWQ and 2012-006-DWQ. Compliance with the CGP requires the preparation of a Notice of Intent (NOI) and a project -specific Storm Water Pollution Prevention Plan (SWPPP), designed to prevent potential adverse impacts to surface water quality, including erosion and siltation, during the period of construction. The NOI and SWPPP are submitted to the State Water Resources Control Board (SWRCB) for approval and permit coverage. The SWPPP is a site -specific compliance plan required to identify a strategy of storm water Best Management Practices (BMPs) in accordance with Section XIV (SWPPP Requirements) of the CGP. The SWPPP will include such measures as erosion control, sediment control, storm drain inlet protection, proper waste management and pollution prevention. The SWPPP must be prepared concurrently with final engineering design and must meet all NPDES plan review elements with plan review by the City of La Quinta. The City's review and approval process ensures that all responsible parties and compliance plan elements are compliant. Compliance of this plan during construction will be regulated and enforced by the City. In order to obtain a grading permit, the project proponent is required to submit and obtain approval for a Project -Specific Water Quality Management Plan (WQMP) in accordance with the current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff, the Whitewater River Watershed MS4 Permit, and the City of La Quinta's engineering requirements. The WQMP is a compliance 263 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 78 plan required to account for the stormwater facilities and management conditions to be followed by the site operator during the life of the project (post -construction). A Preliminary WQMP has been prepared for this project in order to meet the City's engineering approval requirements. Taking into account the approved hydrology plan and existing conditions PA1, the Preliminary WQMP concludes that development in PA2 will not result in any considerable modifications to the drainage areas, water quality treatment, runoff quantities, or retention capacities already established for the site, as presented in Table X-1. In summary, during construction and operation, project implementation will require plan -based compliance with CWA, NPDES, and local regulations to prevent impacts to water quality standards and the beneficial uses assigned to local receiving waters. In summary, during construction and operation, project implementation will require compliance with CWA, NPDES, and local regulations to prevent impacts to water quality standards and the beneficial uses assigned to local receiving waters. Following City engineering review and approval, the stormwater capture and management strategy for on- and off -site runoff will avoid waste discharge violations through the use of existing retention facilities. Regarding groundwater quality, the project would not introduce new land use conditions conflicting with or otherwise degrading ground water quality and resource management. The existing and approved water quality devices installed in the storm drain system (hydrodynamic separators and drywell) will continue to adequately serve the SP, entire plaza and tributary street frontage as a pre-treatment for stormwater runoff prior to on -site infiltration. Less than significant impacts are expected. Mitigation: None b) Less than Significant Impact. The established groundwater replenishment facilities for the Indio Subbasin are not located near the project. Therefore, from the aspect of land use and location, project implementation is not deemed to be in conflict with any existing or planned groundwater recharge facility or associated infrastructure. The scale of the proposed uses and associated improvements are expected to incorporate water conservation measures, including the use of low -flow plumbing fixtures, drought -tolerant (native) outdoor landscaping, and water -efficient irrigation systems. As a standard condition for service connections, the project operators will be expected to furnish the appropriate rate payment to CVWD based on the meter size, ongoing flow charges, agency fees, and groundwater recharge fees. The proposed project will continue to rely on the existing retention facilities, the function of which is to intercept and infiltrate stormwater runoff on -site instead allowing for urban runoff discharge. The existing water quality devices incorporated into the storm drain design will continue to provide pre-treatment through hydrodynamic separation to ensure that solids and debris are captured prior to on -site retention. As a function of the WQMP and site operations, all existing storm drain facilities will be subject to maintenance to ensure effectiveness. Project implementation would result in an increase in water demand from the regional groundwater supplies. The addition of the 89 units proposed in the SDP could use 25,312 gallons of potable water per day or 28.35 acre feet per year (AFY), while the commercial option could use an estimated 12,750 gallons of potable water per day or 14.28 AFY. CVWD currently has total water demand of 87,959 AFY, and projects a demand of 137,629 AFY by 2035. The project water use, under the multifamily scenario represents 0.021 % of future demand, whereas the commercial scenario represents 0.010% of future demand. See discussion b in Utilities and Service Systems. The project's location and stormwater management operation would not interfere or otherwise impede sustainable groundwater management of the regional basin. Regarding ground water quality, less than significant impacts are anticipated. Mitigation: None 264 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 79 c) i) Less than Significant Impact. Development within the SPA area will occur only in PA2. PA2 encompasses two graded pads and improved parking lot facilities resulting from prior entitlement and engineering approvals, the most relevant of which are final grading, storm drain and hydrology plans. The existing storm drain system includes engineered conveyances to a designated retention system for each drainage area of the commercial plaza. The retention sizing is based on the controlling 100-year storm event, as displayed in Table X-1. The proposed project will involve physical connections and tie-ins to the existing storm drain system for each applicable drainage management area. The connections will occur from new storm drain lines carrying project stormwater runoff in the existing water quality facilities and retention facilities. The preliminary hydrology report for the proposed project has found that the proposed runoff volume conditions will be equivalent or otherwise unchanged compared to the previously approved hydrologic system condition, while the peak flow into the existing retention system will be slightly reduced by approximately 1.5 percent. Therefore, it is concluded that the existing stormwater management system capacity will not be affected by the proposed improvements. The storm drain improvements connecting to the existing system would be approved by the City's engineering department. Based on the USGS Web Soil Survey, the underlying site soils correspond to Hydrologic Soil Group A, which is characterized for having low runoff potential and high infiltration rates. Based on the Preliminary Hydrology Report and WQMP, the proposed residential project will work within the existing parameters of the approved hydrology plan and will physically tie into the existing storm drain and retention system. The updated hydrology report has concluded that the stormwater volume and peak flow resulting from project implementation will be equivalent to the existing conditions, such that established hydrologic conditions will not be modified in any considerable manner. As a standard practice, erosion and siltation will be prevented during construction and operation through the required compliance plans. During construction, the required SWPPP will include best management practices such as perimeter containment, proper soil stabilization, and source controls per the California Stormwater Quality Association (CASQA) standards. Upon construction completion, all construction related soil disturbance shall be properly restored to a stabilized condition consisting of permanent project improvements (buildings, hardscape, pavement, and landscaping). During the life of the project, the ongoing maintenance and operation of the private storm drain facilities will ensure that all permanently improved ground surfaces are adequately maintained. All project -related runoff will be conveyed along the proposed storm drain surface and piped conveyances that will connect to the existing storm drain system and designated retention facilities per the final engineering plans. The project does not involve a condition where stormwater runoff would be unmanaged or uncontrolled in such a manner that would result in erosion or siltation. Less than significant impacts are anticipated regarding substantial erosion or siltation, on- or off -site. Mitigation: None ii) Less than Significant Impact. Based on FEMA FIRM Panel Number 06065C2232G, effective August 28, 2008, the project site occurs within a Zone X designation, corresponding to an area of minimal flood hazard, which is not considered a Special Flood Hazard Area (SFHA) or a designated floodway. As a standard condition, the project is required to retain 100 year storm flows to prevent inundation to the proposed structures and facilities. The Preliminary Hydrology Report prepared for the proposed project has concluded that the project will not result in any considerable modifications to the previously approved hydrologic conditions and engineering plans. The project's proposed storm drainage facilities consisting of sheet flow, gutters, and pipes connecting into the existing storm drain system will not increase the stormwater volume or peak flow that can currently be handled by the established system. The project will introduce impervious surfaces (buildings, hardscape, asphalt, etc.) to PA2, but will also include catch basins, lines, outlets, and retention facilities to adequately intercept, convey and retain the controlling storm event stormwater volume from the site into the designated retention systems, per the approved hydrology. 265 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 80 The proposed development is not expected to substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site. Less than significant impacts are anticipated. Mitigation: None iii) Less than Significant Impact. The City of La Quinta is a Permittee of the Whitewater River Watershed Municipal Separate Storm Sewer System (MS4) permit area. Within the City limits, MS4 facilities include a system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) designed for collecting and conveying stormwater. The undeveloped project site is absent of any publicly operated storm drain facilities. PA2 occurs in a partially developed setting with an existing storm drain system serving PA1 while also accepting off -site tributary drainage from portions of Fred Waring Drive to the north and Jefferson Street to the east, which were constructed consistent with the original hydrology plans. The Preliminary Hydrology Report for PA2 demonstrates that the proposed uses and associated improvements will not increase the runoff production or reduce the existing retention capacity. The SPA's operational compliance with the approved hydrology plans will be maintained. The project's final engineering plans and retention levels will be subject to standard City review and approval. Therefore, by complying with the local retention requirements and approved plans, the project will not result in urban runoff capable of exceeding the MS4 capacity. Less than significant impacts are anticipated. Mitigation: None iv) No Impact. The project site is located outside of any designated SFHA, floodway, or drainage flow line as determined by FEMA and USGS maps. Therefore, the project will not impede or redirect any discernable drainage course, floodplain, or flood prone area. The final grading and hydrology plans, as described above, for the proposed project will be subject to standard City review and approval. In doing so, the project will not impede or redirect flood flows, resulting in less than significant impacts. Mitigation: None d) No Impact. The project is not located near any coastal areas or any large body of water and therefore is not prone to tsunami hazards or seiche risks. The project site is not located in a floodplain or special flood hazard area. No impact will occur. Mitigation: None e) No Impact. The project proponent is required to implement a project -specific Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region MS4 Permit and with the City's on -site retention standards. The proposed hydrology plan and associated WQMP will not result in any considerable modification to these plans. Moreover, the project's storm water retention facilities will ensure that only stormwater runoff is recharged into the ground via infiltration. Therefore, project implementation is not expected to conflict with the regional groundwater management strategies or with the Indio Subbasin Sustainable Groundwater Management Plan. No impact is expected. Mitigation: None 266 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 81 11. LAND USE AND PLANNING - Would Potentially Less Than Less Than No the project: Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Physically divide an established ❑ ❑ ❑ community? b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of ❑ ❑ ® ❑ avoiding or mitigating an environmental effect? Source: La Quinta 2035 General Plan Update; La Quinta Municipal Code; State of California Government Code 65915. Setting: The project site consists of the Jefferson Square Specific Plan area and proposes development in PA2 as provided in SPA No. 3. The Jefferson Square Specific Plan area covers approximately 10.27 acres on the southwest corner of Fred Waring Drive and Jefferson Street. The project is surrounded by residential, open space, and commercial land uses. Table XI-1 displays the surrounding land uses and zoning designations in relation to the proposed project. Table XI-1 Surrounding Land Uses Land Use Jurisdiction General Plan Zoning Existing Use North La Quinta Low Density Residential RL Esplanade Single Family Residential South La Quinta Low Density Residential RL Monticello Single Family Homes West La Quinta Open Space PR Monticello Park Recreation East Indio Neighborhood Center NC Jefferson Street, Heritage Court shopping center *RL — Low Density Residential; PR — Parks and Recreation; NC — Neighborhood Commercial. Currently, Jefferson Square is designated General Commercial (CG), and zoned Neighborhood Commercial (CN). The land use and zoning designations are described below. General Commercial Land Use Designation The General Commercial land use designation allows for a full range of commercial uses, including supermarkets, drugstores, large retailers, professional offices, service businesses, restaurants, hotels, motels, research and development and warehousing or similar low impact quasi -industrial projects. This designation allows mixed uses including higher density residential occurring near retail and offices. This land use designation applies to the majority of commercial land in the City. Neighborhood Commercial Zoning Designation CN zones are intended to provide for development and regulation of small-scale commercial areas located at the intersections of arterial highways as shown on the general plan. The CN district provides for the sale of food, drugs, sundries, and personal services to meet the daily needs of a neighborhood area. According to Chapter 9.80, Nonresidential Permitted Uses, (Table 9-5) in the La Quinta Municipal Code, townhome and multifamily dwellings are permitted within CN zones with the approval of a Conditional Use Permit (CUP). Mixed -Use Overlay: The project area also can implement a Mixed- Use Overlay, which is provided to allow the development of mixed -use projects that include both multifamily residential and commercial components in a cohesively designed and constructed manner (Section 9.140.090). The MU overlay district and the provision of Section 9.140.090 can be applied to CN designated zones. 267 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 82 The General Commercial land use designation is consistent with the Neighborhood Commercial zone. a) No Impact. The project is located on the Jefferson Square Specific Plan area. Currently, the Jefferson Square Specific Plan area includes commercial structures and associated parking spaces (PA1). PA2 is part of a planned commercial development that is partially developed with retail and commercial land uses. The proposed project would amend the existing Specific Plan to allow the multifamily residential units on the southern portion of the Specific Plan area. The proposed development will not physically divide an established community. No impacts are anticipated. Mitigation: None b) Less than Significant Impact. Currently, the Specific Plan area is designated as General Commercial and Neighborhood Commercial (CN) in the City's General Plan and Zoning Maps, respectively. Additionally, per the La Quinta Municipal Code Section 9.140.090, Mixed -Use (MU) Overlays apply to all CN zones, including the project site, and permit the development of residential housing near commercial uses in order to reduce vehicle miles traveled and air quality and GHG impacts. The project applicant is proposing SPA No. 3 that would result in the separation of the Jefferson Square Specific Plan area into two planning areas (PA1 and PA2). The Specific Plan Amendment does not propose changes to PA1, which occupies the northern 5.17-acres of the Jefferson Square Specific Plan area and is currently fully developed with commercial businesses, paved drive aisles, and parking spaces. The SPA includes an updated discussion of the southern 5.10 acres of the SP area ("PA2"), which includes improvements to the driveway along Jefferson Street, the onsite parking lot, stormwater management system, utility infrastructure, landscape improvements, and two certified pads. Under SPA No. 3, PA2 would allow the development of up to 95 multifamily units and associated amenities and improvements. It should be noted that the development of commercial retail businesses is approved within PA2 as a part of the Jefferson Square Specific Plan and Amendments No. 1 and 2. Per Table 9-5 in Section 9.80.020 of the LQMC, mixed -use projects are permitted within CN zones, subject to Section 9.110.120, which allows opportunities for multifamily residential development in combination with commercial development in a cohesive and integrated manner. Section 9.110.120 also facilitates mixed use nodes that minimize vehicle trips and enhance proximity to services and mass transit. While the original Specific Plan and associated Amendments (No. 1 and 2) limits the Specific Plan area (PA1 and PA2) to commercial uses, Amendment No. 3 allows the Specific Plan area to be developed as a horizontally mixed -use project. Horizontal mixed -use is envisioned in the Specific Plan area as already developed retail uses located in PA1 and higher density residential in PA2, which are integrated through pedestrian connections and common areas. PA2 residential uses shall meet the City's Mixed -Use Overlay's density standards of twelve to twenty-four units per acre. The Specific Plan Amendment will also result in much needed housing in the City of La Quinta, per the General Plan Housing Element for the 2022-2029 planning period, in which the City will develop 1,530 new residential units within the planning period. The following discussion provides a consistency analysis of the proposed SPA with the applicable City General Plan goals and policies. Land Use Element Goal LU-1: Land use compatibility throughout the City. Policy L U 1.1: The Land Use Map shall implement the goals and policies of the Land Use Element and the other Elements of this General Plan. 268 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 83 Consistency: The Specific Plan area is located at the southwest corner of Fred Waring Drive and Jefferson Street. The Specific Plan area Land Use designation is CG General Commercial. The zoning designation for the project site is Neighborhood Commercial (CN) with a Mixed Use (MU) Overlay. CN zones are consistent with General Commercial land use designations per Table II-2 of the La Quinta General Plan. CN zones provide for the development of small-scale commercial areas located at the intersections of arterial highways (LQMC Section 9.70.060), while MU Overlays facilitate the development of mixed use projects that include both multifamily residential and commercial components in a cohesively designed and constructed manner (LQMC Section 9.140.090). Additionally, the MU Overlay district will contribute to vehicle trip and associated air pollutant reductions by locating residents in close proximity to services, employment, and transportation hubs, which coincides with goals and policies of other elements of the General Plan, such as Goal CIR-2, which promotes and enhances transit and alternative modes of transportation, Policy CIR-2.2, which encourages reduction of GHG emissions by reducing vehicle miles traveled, and Policy CIR-2.3, which encourage the use of continuous and convenient pedestrian and bicycle routes and multi -use paths to places of employment, recreation, shopping, and other high activity areas. The Specific Plan area shall serve mix of commercial and multifamily uses in conformance with the MU Overlay and CN zones, which is consistent with the CG General Commercial Land Use designation (page 11-3 of La Quinta General Plan). Goal LU-2: High quality design that complements and enhances the City. Policy LU2.1: Changes and variations from the Zoning Ordinance in a Specific Plan will be offset by high quality design, amenities and mix of land uses. Policy LU 2.2: Specific Plans shall be required for projects proposing the integration of recreation, tourist commercial and residential uses; and for all projects proposing flexible development standards that differ from the Zoning Ordinance. Policy LU2.3: The City's outdoor lighting ordinance will be maintained. Consistency: This Specific Plan includes land use and development regulations (Section IV) and design guidelines (Section V) that will ensure a mix of commercial and multifamily uses of high quality and cohesive design character. Architectural design guidelines require a Mediterranean architecture with the use of high quality finishes and materials and landscape improvements. The Specific Plan area will include pedestrian connections with a plaza and other pedestrian -friendly features. Proposed amenities include a swimming pool, indoor gym, and clubhouse. Specific Plan Amendment No. 3 provides flexible design standards that differ from the Zoning Ordinance but are in line with the City's MU Overlay development standards, such as the maximum structure height per Section 9.140.090 of the LQMC. Section V. D. of SPA No. 3 provides commercial and multifamily site lighting guidelines. The commercial lighting guidelines match those of SPA No. 2. The multifamily site lighting guidelines indicate much less intense lighting standards than those of the commercial lighting standards. Thus, a multifamily project in PA2 would generate less intense lighting than a commercial retail project allowed under SPA No. 2. The outdoor lighting contained within the site will not produce significant light or glare that would adversely affect day or nighttime views in the area. New light sources will be similar to the existing lighting patterns in the area and will comply with the City's lighting ordinance. Goal LU-3: Safe and identifiable neighborhoods that provide a sense of place. 269 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 84 Policy LU 3.1: Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern. Policy LU 3.3: Maintain residential development standards including setbacks, height, pad elevations and other design and performance standards that assure a high quality of development in the Zoning Ordinance. Consistency: The Specific Plan area is located at the southwest corner of Fred Waring Drive and Jefferson Street, two major arterial roadways with 120-foot-wide rights -of -way. The Esplanade single family residential subdivision is located directly across Fred Waring Drive, north of the Specific Plan area. The property to the east of Jefferson Street is within the City of Indio's jurisdictional boundaries and it has been developed as a retail center. The Heritage Palms Golf Resort is located across Jefferson Street to the southeast. Land use immediately west of the site includes an existing well site, City park, and a retention basin associated with the residential Monticello subdivision, which is located further to the west and directly south. The Specific Plan area is separated from the Monticello subdivision and neighboring and park by a six -foot -high masonry wall and landscape improvements. PA2 serves as a buffer between the commercial uses and the Monticello subdivision. Canopy trees line the southern property line to provide privacy between the proposed units and the existing single family homes. PA2 will be developed with high quality architecture that complements the surrounding communities and existing retail uses. PA2 is a designated mixed use zone that allows multifamily housing in addition to commercial uses. Sections IV B and V of the SPA outlines land use and development standards, including setbacks, height, pad elevations and other design and performance standards that assure a high quality of development by establishing appropriate roof treatments and shapes (flat, hip, shed, and pitched); coverings for mechanical equipment; guidelines for materials and colors used for buildings; building heights when viewed from adjacent residential properties and rights -of -way; and building and landscape setbacks along the project frontages. Goal LU-4: Maintenance and protection of existing neighborhoods. Policy LU 4.1: Encourage compatible development adjacent to existing neighborhoods and infrastructure. Consistency: The Specific Plan area is located at the southwest corner of Fred Waring Drive and Jefferson Street, two major arterial roadways. The project promotes the maintenance and protection of existing neighborhoods by developing residential or commercial uses on undeveloped parcels within the Jefferson Square area. As stated throughout, the Jefferson Square Specific Plan area is fully developed in the northern portion, while the southern portion is partially developed with parking spaces and landscaping. Vacant parcels are located within the southern portion of Jefferson Square. Development of the proposed project would allow the Jefferson Square property to be built out to satisfy market demands. The mixed -use project would situate residential units in proximity to commercial services and employment opportunities, while the commercial project would situate more commercial businesses near existing businesses and in proximity to residential communities; therefore, encouraging compatible development to existing residential and commercial developments. Additionally, as stated in Section IV C of the SPA No. 3, maintenance of buildings, parking facilities, common walkways and landscaped areas, sewers, drainage facilities, utilities, and any other improvements shall be maintained by the project's Building Management Association. Residential units shall be maintained by the Residential Property Manager. On -site facilities and landscaping shall be maintained in a clean, attractive, and safe condition in accordance with City regulations. Goal LU-5: A broad range of housing types and choices for all residents of the City. 270 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 85 Policy LU 5.2: Consider changes in market demand in residential product type to meet the needs of current and future residents. Consistency: Table II-30 of the 2022 Housing Element indicates that as of 2019, 78 percent of the City's housing stock consists of single family detached units. Multifamily projects in the form of five or more units accounted for only 6.5 percent of the City's housing stock. The Specific Plan Amendment designates PA2 as a potential multifamily project area which would help further diversify the City's housing offerings with apartments, condominiums or townhomes. These units will incorporate current market trends that include one-, two-, and three -bedroom units near services, employment opportunities, and public transit, and designated indoor and outdoor recreation areas(i.e., playground, pool, lounging area, gym, etc.). Goal LU-6: A balanced and varied economic base which provides a broad range of goods and services to the City's residents and the region. Policy LU-6.1: Commercial land use designations shall allow a full range of retail, office, resort and institutional businesses in the City. Consistency: PA 1 of the Specific Plan area is an established retail center that offers a wide variety of goods and services. Circulation Element Goal CIR-1: A transportation and circulation network that efficiently, safely and economically moves people, vehicles, and goods using facilities that meet the current demands and projected needs of the City. Policy CIR 1.12: As a means of reducing vehicular traffic on major roadways and to reduce vehicle miles traveled by traffic originating in the City, the City shall pursue development of a land use pattern that maximizes interactions between adjacent or nearby land uses. Consistency: SPA No. 3 allows multifamily units in PA2. A mixed use development project would provide inter -connections between uses, which would allow residents and businesses to co -exist without conflict, and provide residents with adjacent work and shopping opportunities that do not necessitate vehicle travel. Having commercial uses close by inherently encourages walking and bicycle -riding rather than driving a car. Livable Community Element Goal SC-1: A community that provides the best possible quality of life for all its residents. Policy SC 1.2: Reduce water consumption at a minimum consistent with the Greenhouse Gas Reduction Plan (also see Air Quality Element). Policy SC 1.5: All new development shall include resource efficient development principles. Consistency: The development will meet the CALGreen code and California Building Energy Efficiency Standards. These codes are designed to provide increasingly more stringent energy efficiency standards, leading to eventual requirements for net zero construction. Moreover, CALGreen requires water conserving, high efficiency plumbing fixtures and fittings such as toilets, water heaters and faucets. Additionally, landscape will consist of drought tolerant plant material to limit irrigation. Housing Element 271 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 86 Goal H-1: Provide housing opportunities that meet the diverse needs of the City's existing and projected population. Policy H 1.3: Direct new housing development to viable areas where essential public facilities can be provided and employment opportunities, educational facilities, and commercial support are available. Consistency: The Specific Plan area is located in close proximately to employment opportunities, educational facilities, and commercial goods and services. The Specific Plan area itself offers commercial goods and services and a major commercial center is located directly across the street. The public elementary and middle schools are within 1.0 mile of the site and La Quinta High School is approximately 1.6 miles from the site. Goal H-3: Create a regulatory system that does not unduly constrain the maintenance, improvement, and development of housing affordable to all La Quinta residents. Policy H 3.1: Remove unnecessary regulatory constraints to enable the construction or rehabilitation of housing that meets the needs of La Quinta residents, including lower income and special needs residents. Consistency: The Specific Plan will allow the development of condominiums, townhomes, and apartments, which are not broadly available currently in the City of La Quinta. Goal H-6: Provide a regulatory framework that facilitates and encourages energy and water conservation through sustainable site planning, project design, and green technologies and building materials. Policy H 6.1: Promote higher density and compact developments that increase energy efficiency and reduce land consumption. Policy H-6.4: Focus sustainability efforts on measures and techniques that also assist the occupant in reducing energy costs; therefore, reducing housing costs. Consistency: The SPA provides for high density residential development (12 — 24 units per acre) in accordance with the City's mixed use development standards. The SPA offers the opportunity to cluster varying residential product types in a compact footprint. Inherently, this compact development style increases energy efficiency and minimizes land consumption. The SPA will incorporate CALGreen and California Building Energy Efficiency Standards. Housing will incorporate high efficiency plumbing fixtures, energy efficient lighting fixtures and appliances, energy efficient windows and drought tolerant landscape with low flow watering systems. Noise Element Goal N-1: A healthful noise environment which complements residential and resort character. Policy N 1.1: Noise standards in the City shall be consistent with the Community Noise and Land Use Compatibility scale described in this Element. Policy N 1.2: New residential development located adjacent to any roadway identified in Table IV-4 as having a build out noise level in excess of 65 dBA shall continue to be required to submit a noise impact 272 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 87 analysis in conjunction with the first Planning Department application, which demonstrates compliance with the City's noise standards. Policy N 1.3: New non-residential development located adjacent to existing residential development, sensitive receptors or residentially designated land, shall be required to submit a noise impact analysis in conjunction with the first Planning Department application, which demonstrates that it will not significantly impact the adjacent residential development or residential land. Policy N 1.4: All Mixed Use projects shall be required to submit a noise impact analysis in conjunction with the first Planning Department application, which demonstrates compliance with the City's noise standards. Policy N 1.5: All noise impact analysis will include, at a minimum, short-term construction noise and noise generated by the daily operation of the project at build out. Consistency: The project will comply with City noise standards, including those associated with construction noise. Construction activities shall comply with the City's permitted construction hours. Block walls (noise barriers) will be provided to protect neighboring homes from noise sources. Mechanical ventilation systems will be installed to permit windows to remain closed for prolonged periods of time to ensure traffic noise will not exceed interior noise standards. LSA Consulting Group completed Noise Impact Analysis to identify the Specific Plan's noise impacts. Non-residential development will be located at a minimum of 50 feet from any new residential development. At this distance, it is anticipated that any operation of stationary noise sources associated with the non-residential development would not exceed the City's exterior noise level standard of 65 dBA CNEL for the residential homes, nor would the interior noise level standard of 45 dBA CNEL for residential be exceeded. The Specific Plan Amendment does not conflict with the land use and zoning designations established in the General Plan and in the previous Specific Plan Amendments. Overall, the provisions of the Specific Plan Amendment and the development of the project are not expected to conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project, and impacts are considered less than significant. Mitigation: None 273 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 88 12. MINERAL RESOURCES -- Would the Potentially Less Than Less Than No project: Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ ❑ ❑ b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or ❑ ❑ ❑ other land use plan? Source: La Quinta 2035 General Plan Update, 2013; Mineral Resources Land Classification Map. Setting: The State of California has recognized the importance of mineral resources for construction materials and other economic purposes. The mineral resources that form the Coachella Valley's desert floor primarily consists of sand, gravel (aggregate) and other important mineral deposits that have eroded from the surrounding mountains and hills. Mining and extraction of mineral resources continues to be threatened by urbanization and development in areas where important mineral resources exist. The California Surface Mining and Reclamation Act of 1975 (SMARA) addresses the loss of regionally significant mineral deposits to urban development. The Act requires the Department of Conservation to create Production -Consumption Regions which are areas where significant mineral resources of statewide importance and regional significance are produced and consumed, and a classification system that identifies lands where significant mineral resource deposits are located. La Quinta is located in the Palm Springs Production -Consumption Region. The Palm Springs Production -Consumption Region covers approximately 631 square miles of the Coachella Valley, from near Cabazon to Thermal. Lands within the Production -Consumption Region are classified according to the presence of valuable mineral resources. La Quinta has two Mineral Resource Zones, MRZ-1 and MRZ-3. MRZ-1 are areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. MRZ- 3 are areas containing known or inferred mineral deposits, the significance of which cannot be evaluated from available data. a,b) No Impact. According to the Classification Map, the project site is designated within Mineral Resource Zone 1 (MRZ-1). This specific zone designates areas where geologic information indicates that no significant mineral deposits are present or likely to be present. Conclusively, the project site is not recognized as a mineral resource recovery site delineated in the City of La Quinta 2035 GPU or the resource maps prepared pursuant to SMARA. No impacts are expected as a result of project implementation. Mitigation: None 274 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 89 13. NOISE -- Would the project result in: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards ❑ ® ❑ ❑ established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive groundborne vibration ❑ ® ❑ ❑ or groundborne noise levels? c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, ❑ ❑ ® ❑ would the project expose people residing or working in the project area to excessive noise levels? Source: La Quinta 2035 General Plan Update, 2013; City of La Quinta General Plan Technical Noise Study, Urban Crossroads, Inc., 2011; La Quinta Municipal Code; Noise and Vibration Impact Analysis, Jefferson Square Multi -Family Project, LSA, 2023. Setting: Noise Noise is simply defined as "unwanted sound." Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm or when it has adverse effects on health. Sound intensity is measured with the A -weighted decibel (dBA) scale to correct for the relative frequency response of the human ear. That is, an A - weighted noise level de-emphasizes low and very high frequencies of sound, similar to the human ear's de -emphasis of these frequencies. Decibels (dB), unlike the linear scale (e.g., inches or pounds), are measured on a logarithmic scale representing points on a sharply rising curve. For example, 10 dB is 10 times more intense than 0 dB, 20 dB is 100 times more intense than 0 dB, and 30 dB is 1,000 times more intense than 0 dB. Thirty decibels (30 dB) represent 1,000 times as much acoustic energy as 0 dB. Ambient sounds generally range from 30 dB (very quiet) to 100 dB (very loud). Sound levels are generated from a source, and their decibel level decreases as the distance from that source increases. Sound levels dissipate exponentially with distance from their noise sources. For a single point source, sound levels decrease approximately 6 dB for each doubling of distance from the source. This drop-off rate is appropriate for noise generated by stationary equipment. If noise is produced by a line source (e.g., highway traffic or railroad operations), the sound decreases 3 dB for each doubling of distance in a hard site environment. Tine - source sound levels decrease 4.5 dB for each doubling of distance in a relatively flat environment with absorptive vegetation. The predominant rating scales for human communities in the State of California are the equivalent continuous sound level (Leq) and Community Noise Equivalent Level (CNEL), or the day -night average noise level (Ldn) based on A -weighted decibels. Leq is the total sound energy of time -varying noise over a sample period. CNEL is the time - weighted average noise over a 24-hour period, with a 5 dBA weighting factor applied to the hourly Leq for noises occurring during the evening from 7:00 p.m. to 10:00 p.m. and a 10 dBA weighting factor applied to noises occurring at night from 10:00 p.m. to 7:00 a.m.. Ldn is similar to the CNEL scale but without the adjustment for events occurring during the evening hours. CNEL and Ldn are within 1 dBA of each other and are normally interchangeable. The City uses the CNEL noise scale for long-term traffic noise impact assessment. 275 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 90 Noise impacts can be described in three categories. The first category includes audible impacts, which are increases in noise levels noticeable to humans. Audible increases in noise levels generally refer to a change of 3 dB or greater because this level has been found to be barely perceptible in exterior environments. The second category, potentially audible, refers to a change in the noise level between 1 dB and 3 dB. This range of noise levels has been found to be noticeable only in laboratory environments. The last category includes changes in noise levels of less than 1 dB, which are inaudible to the human ear. Only audible changes in existing ambient or background noise levels are considered potentially significant. Prolonged exposure to sound levels higher than 85 dBA begins to cause physical damage to human hearing. The table below indicates noise sources, their levels, and effects on humans. Table XIII-1 Common Sound Levels and Their Noise Sources Noise Source A -Weighted Sound Level in Decibels Noise Environments Subjective Evaluations Near let Engine 140 Deafening 128 times as loud Civil Defense Siren 130 Threshold of Pain 64 times as loud Hard Rack Band 120 Threshold of Feeling 32 times as loud Accelerating Motorcycle at a Few Feet Away 110 Very Loud 16 times as loud Pile Driver; Noisy Urban Street/Heavy City Traffic 100 Very Loud 8 times as loud Ambulance Siren; Food Blender 95 Very Loud Garbage Disposal 90 Very Loud 4 times as loud Freight Cars; Living Room Music 85 Loud — Pneumatic Drill; Vacuum Cleaner 80 Loud 2 times as loud Busy Restaurant 75 Moderately Loud — Near Freeway Auto Traffic 70 Moderately Loud Reference level Average Office 60 Quiet One-half as loud Suburban Street 55 Quiet Light Traffic; Soft Radio Music in Apartment 5o Quiet fine -quarter as loud Large Transformer 45 quiet — Average Residence without Stereo Playing 40 Faint One -eighth as laud Soft Whisper 30 Faint — Rustling Leaves 20 Very Faint — Human Breathing 10 Very Faint Threshold of Hearing — 0 Very Faint — Source; Compiled by LSA (2022). Regulations Applicable noise standards governing the project site include the criteria established in the California Code of Regulations, the City of La Quinta General Plan and the Municipal Code (LQMC). Title 24 of the California Code of Regulations California Noise Insulation Standards regulates interior noise levels for residential habitable rooms (i.e., rooms used for living, sleeping, eating, or cooking). Title 24, Chapter 12, Section 1206.4, of the 2019 California Building Code requires that interior noise levels attributable to exterior sources not exceed 45 CNEL in any habitable room. Section 9.100.210, Noise Control, of the La Quinta Municipal Code provides specific noise standards and appropriate noise level ranges for a variety of land uses. The table below shows the range of allowable exterior noise levels within different land uses in the City. The table is used to ensure noise compatibility of proposed land uses and helps predict the future noise environment. Where sensitive land uses will be exposed to noise levels of 60 dBA CNEL or higher, an acoustical study is required. In residential areas, the General Plan standard is a CNEL of 65 dBA. Mitigation measures are required where sensitive land uses will be exposed to noise levels greater than 65 dBA CNEL. 276 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 91 Table XIII-2 Land Use Compatibility for Community Noise Environments Land Uses CNEL (dBA) 50 55 60 55 70 75 80 Residential --- Single Family Dwe lingS, Duplcx. Mobile Homes A B i C D Residential— Multiple Family A B D Transient Lodging: Hotels and Motels A B C 5 choo4 Classrooms, Llbr aries, Ch urches. Hospitals, Nurslrng Homes and Convalescent Hospitals A B C Au di for i urns, Co racer[ H ails, Ain p hit hea tens B C S po ru Arena s, Ou td on r Sperta tog Spar is B C Playgrounds, Neighborhood Parks A D Golf Courses, Riding Stables, Water Recreation. Cemeteries A p Office Buildings, business, Commercial and Prole5sional A Industrial, Manufactu ring, Utilities, Agriculture A B Source., California Department of Health Services, "Guldchnes for the Preparation and Content of the Noise Element of the General Plan," I990 A Normally Acceptable: With ao special noise reductlon requirements assuming standard construction. Conditionally Acceptable; New construction or development should be undertaken only after E a detailed analysis of the noise reduction requirement is made and needed noise insulation Features included In the design Normally Unacceptable' New construction is discouraged_ It new construction does proceed, a detailed analysis of the noise reduction requirements must he made and needed nolse insulation features included in the design. Clearly Unacceptable: New construction or development should generally not be undertaken. Section 9.100.210 of the LQMC also establishes base ambient noise level limits for noise sensitive and other non- residential uses based on time of day for non -transportation sources. This is indicated in the table below. Table XIII-3 Exterior Noise Standards Receiving Land Use Noise Standard Time Period Noise Sensitive 65 dB(A) 7:00 a.m. 10:00 P.M. 50 dB(A) 10:00 p.m. — 7:00 a.m. Other Non -Residential 75 dB(A) 7:00 a.m. — 10:00 p.m. 65 dB(A) 10:00 p.m. — 7:00 a.m. 277 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 92 Construction activities are regulated by the City's Noise Ordinance (Section 6.08.050). Construction hours specified in the City's Noise Ordinance limits construction to the following hours: - October 1st through April 20ti': Monday — Friday 7:00 a.m. to 5:30 p.m.; Saturday: 8:00 a.m. to 5:00 p.m.; Sunday and Holidays: None. - May 1 st through September 30': Monday — Friday 6:00 a.m. to 7:00 p.m.; Saturday: 8:00 a.m. to 5:00 p.m.; Sunday and Holidays: None. Federal Transit Administration The City of La Quinta does not have construction noise level limits, construction noise was assessed using criteria from the Federal Transit Administration's (FTA) Transit Noise and Vibration Impact Assessment Manual. The table below indicates the FTA's Detailed Analysist Construction Noise Criteria based on the composite noise levels per construction phase. Table XIII-4 Detailed Assessment Construction Noise Criteria Land Use Daytime 1-hour Le dBA) Nighttime 1-hour Le dBA Residential 80 70 Commercial 85 85 Industrial 90 90 Source: Transit Noise and Vibration Impact Assessment Manual (FTA 2018) Vibration Vibration refers to the ground -borne noise and perceptible motion. Ground -borne vibration is almost exclusively a concern inside buildings and is rarely perceived as a problem outdoors, where the motion may be discernible, but without the effects associated with the shaking of a building there is less adverse reaction. Vibration energy propagates from a source through intervening soil and rock layers to the foundations of nearby buildings. The vibration then propagates from the foundation throughout the remainder of the structure. Building vibration may be perceived by occupants as the motion of building surfaces, the rattling of items sitting on shelves or hanging on walls, or a low -frequency rumbling noise. Typical sources of ground -borne vibration are construction activities (e.g., blasting, pile -driving, and operating heavy-duty earthmoving equipment), steel -wheeled trains, and occasional traffic on rough roads. Problems with both ground -borne vibration and noise from these sources are usually localized to areas within approximately 100 feet from the vibration source, although there are examples of ground -borne vibration causing interference out to distances greater than 200 feet. When roadways are smooth, vibration from traffic, even heavy trucks, is rarely perceptible. Construction of the project could result in ground -borne vibration that may be perceptible and annoying. Vibration standards included in the FTA Manual are used in the analysis for ground -borne vibration impacts on human annoyance. The criteria for environmental impact from ground -borne vibration and noise are based on the maximum levels for a single event. a) Less than Significant Impact with Mitigation. If approved, SPA No. 3 allows the development of up to 95 multi -family units, parking spaces, communal areas, and associated improvements in PA2. The primary existing noise sources in the project area are transportation facilities. Specifically, traffic on Jefferson Street and Fred Waring Drive is a steady source of ambient noise. To analyze project -generated noise impacts during construction and operation, a project -specific Noise and Vibration Impact Analysis was provided by LSA in December 2022. Analysis of project -related noise impacts is based on short-term construction noise, long-term traffic noise (on- and off -site), and operational noise associated with PA2, since no further development of PA1 is included in the project. Existing Noise Conditions 278 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 93 Long-term (24-hour) noise level measurements were conducted by LSA on October 6, and 7, 2022, using four (4) Larson Davis Spark 706RC Dosimeters. Exhibit XIII-1 illustrates the noise level measurement locations. The table below indicates the measured hourly noise levels from the long-term noise measurements. Hourly noise levels at surrounding sensitive uses are as low as 42.3 dBA Leq during nighttime hours and 52.4 dBA Leq during daytime hours. Exhibit XIII-1 Noise Monitoring Locations L L` A�i LEGEND FIGURE 3 +� J= - Project Site @aundary i @F�EL - Lang -term Noise Monitoring Location 0 M 250 ,+£ffefsan Square JS uitl-Formly FEET Noise Monitoring Locations SOURCE: GOOgie Earth, 2922 279 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 94 Table XIII-5 Long -Term Ambient Noise Level Measurements Community [Daytime Evening Nighttime Noise Location Noise Noise Noise Equivalent Levels , Levels , Levels , (dBA Ley) (dBA L�q) (dBA Le11) Levels (CNEL) LT-1 an a light pole south of the project site near a parking lot, approximately 470 feet away From 52.4-60.1 50.0.58.3 44.7-54.0 58.4 Jefferson Street centerline. LT-2 Southeast of the project site on a palm tree across Jefferson Street by residence, approximately 75 69.7-72.4 66.4-69.3 58.2-70.7 73.2 feet away from Jefferson Street centerline. LT-3 Parking lot west of Dutch Bros Coffee, approximately 320 feet away from Jefferson Street 58.4-65.6 56.0-63.9 49.3-61.5 64.0 centerline. LT-4 West of the project site on a palm tree in front of a single-family residence at 79819Ambassador Cir, 53,9-68.2 53-9-64,7 42.3-60,0 62,5 approximately 30 feet away from Monticello Avenue. Source: Compiled by LSA (2022)- Note: Noise measurements were conducted frorn October 6 to October 7, 2022, starting at I:00 p.m. Daytime Noise Levels = Noise levels during the hours from 7:00 a.m. to 7:00 p.rn. Evening Noise Levels = Noise levels during the hours from 7:Q0 p.m. to MOO p.m. z Nighttime Noise Levels = Noise levels during the hours from M00 p.m_ to TDO a.m. dBA = A -weighted decibels Lam= equivalent continuous sound level Table H in Noise and Vibration Impact Analysis, LSA, 2022. Short -Term Construction Noise Two types of short-term noise impacts could occur during project construction. These include (1) construction crew commutes and the transport of construction equipment and materials, and (2) construction activities (i.e., demolition, site preparation, grading, building construction, paving, and architectural coating). Construction crew commutes and the transport of construction equipment and materials to the site for the proposed project would incrementally increase noise levels on access roads leading to the site. Although there would be a relatively high single -event noise -exposure potential causing intermittent noise nuisance (passing trucks at 50 feet would generate up to 84 dBA Lmax), the effect on longer -term ambient noise levels would be small when compared to existing daily traffic volumes on Jefferson Street. Because construction -related vehicle trips would not approach existing daily traffic volumes, traffic noise would not increase by 3 dBA CNEL. A noise level increase of less than 3 dBA would not be perceptible to the human ear in an outdoor environment. Therefore, short-term, construction -related impacts associated with worker commute and equipment transport to the project site would be less than significant. Construction -related activities would also generate short-term noise at the project site. The table below lists typical construction noise levels recommended for noise impact assessments, based on a distance of 50 feet between the equipment noise levels recommended for noise impact assessments, based on a distance of 50 feet between the equipment and a noise receptor, taken from the Federal Highway Administration (FHWA) Roadway Construction Noise Model. 280 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 95 Table XIII-6 Typical Construction Equipment Noise Levels Equipment Description Acoustical Usage Factor [%)1 Maximum Noise Level (L—J at 50 Feet2 Auger Drill Rig 20 84 Backhoes 40 80 Compactor (ground) 20 8o Compressor 44 so Cranes 16 85 Dozers 40 85 Dump Trucks 40 84 Excavators 40 85 Flat Bed Trucks 40 84 Forklift 20 85 Front-end Loaners 40 80 Graders 40 85 Impact Pile Drivers 20 95 Jackhammers 20 85 Paver 50 77 Pickup Truck 40 55 Pneumatic Tools 5o 85 Pumps 50 77 Rock drills 20 85 Rollers 20 85 Scrapers 40 85 Tractors 40 84 Trencher 50 80 Welder 40 73 Source: FHWA Roadway Construction Noise Model User's Guide, Table 1 (FHWA 2006), Note- Noise levels reparted in this table are rounded to the nearest whole number_ ' Usage Factor is the percentage of time during a construction noise operation that a piece of construction equipment is operating at full power. Maximum noise levels were developed based on Specification 721.560from the Central Artery/ Tunnel program to be consistent with the City oT Boston's Noise Code tnr the "Big Dig- project. FHWA = Federal Highway Administration Lm = maximum instantaneous sound level The project construction composite noise levels at a distance of 50 feet would range from 74 dBA Leq to 88 dBA Leq, with the highest noise levels occurring during the site preparation phase. The table below indicates the nearest sensitive uses to the project site, their distance from the center of construction activities, and composite noise levels expected during construction. These noise level projections do not consider intervening topography or barriers. Table XIII-7 Potential Construction Noise Impacts at Nearest Receptor — Site Preparation Receptor (Location) Composite Noise Level (dBA L.qJ at 50 feetr Distance (feet) Composite Noise Level (dBA L.q) Commercial (North) $$ 160 78 Residences (South 280 73 Residences (West) 540 67 Commercial/ Residences (East) 540 67 Source: Compiled by LSA (2022). ' The composite construction noise level represents the site preparation phase, which is expected to result in the greatest noise level as compared to other phases. dBA = A -weighted decibels L,,- equivalent continuous sound level Additional Note: The distance (feet) is associated with the average condition, identified by the distance from the center of construction activities to surrounding uses. Table L, Noise and Vibration Impact Analysis, 2022 281 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 96 While construction noise will vary, it is expected that composite noise levels during construction at the nearest off -site sensitive residential uses to the south would reach an average noise level of 73 dBA Leq during daytime hours. These predicted noise levels would only occur when all construction equipment is operating simultaneously, and therefore, are assumed to be rather conservative in nature. While construction -related short-term noise levels have the potential to be higher than existing ambient noise levels in the project area under existing conditions, the noise impacts would no longer occur once project construction is completed. In addition to the site preparation phase, construction noise levels expected during the construction of buildings closest to the neighboring residences to the south, were calculated. At an average distance of 85 feet from the property line, noise levels have the potential to approach 78 dBA Leq. Similar to site preparation activities discussed above, these predicted noise levels would only occur when all construction equipment is operating simultaneously and, therefore, are assumed to be conservative in nature. While construction -related short-term noise levels have the potential to be higher than existing ambient noise levels in the project area under existing conditions, the noise impacts would no longer occur once project construction is completed. Additionally, the existing 6-foot-high property line wall would further reduce noise level impacts for activities at ground level. Construction activities are regulated by the City's Noise Ordinance (Section 6.08.050). The proposed project would comply with the construction hours specified in the City's Noise Ordinance, which limits construction to the following hours: - October 1st through April 20t': Monday — Friday 7:00 a.m. to 5:30 p.m.; Saturday: 8:00 a.m. to 5:00 p.m.; Sunday and Holidays: None. - May Pt through September 30': Monday — Friday 6:00 a.m. to 7:00 p.m.; Saturday: 8:00 a.m. to 5:00 p.m.; Sunday and Holidays: None. In order to further reduce noise impacts during construction and assure that impacts are reduced to less than significant levels, mitigation measures are required. As described in mitigation measures NOI-1 through NOI-3, the project construction contractor will be required to equip all construction equipment, fixed or mobile, with properly operating and maintained noise mufflers, consistent with manufacturer's standards; locate staging areas away from off -site sensitive uses throughout project development, especially during development of Residential Buildings 4, 5 and 6; and place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site whenever feasible. The project is proposed in one phase, occurring between 15 to 18 months. Construction will begin at Residential Building 1, and proceed consecutively. Like most developments, it is likely that development of the buildings will overlap (i.e., Residential Buildings 2 and 3 will start before Residential Building 1 is finished), and residents will occupy Building 1 while Buildings 2 and 3 are being constructed. Therefore, future onsite residents may be affected by construction of Residential Buildings 2 and 3. Based on the stages of construction, the noise impacts associated with the proposed project are expected to create temporarily high noise levels at the nearby locations. Noise levels generated by heavy construction equipment can range from approximately 68 dBA to in excess of 80 dBA when measured at 50 feet. Building 1 is located more than 52 feet from Buildings 2 and 3 (measured from proposed building frontage to building frontage). In order to lessen the impacts of construction noise, the City of La Quinta has established hours of operation within the Municipal Code, Section 6.08.050. The project will be required to comply to the construction hours allowed per the La Quinta Municipal Code. Additionally, the project will implement mitigation measures N0I-1 through N0I-3 to further reduce construction noise to the maximum extent feasible, as described above.. Finally, once final plans are available to detail the exterior wall construction and a 282 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 97 window manufacturer has been chosen, a Final Acoustical Report (FAR) must be submitted, consistent with mitigation measure NOI-?? to demonstrate the reduction capability of the exterior facades and to identify any specific upgrades necessary to achieve an interior noise level of 45 dBA CNEL or below. As it relates to off -site uses, construction -related noise levels would remain below the daytime 80 dBA Leq 1-hour construction noise level criteria established by the FTA for residential and similar sensitive uses. Best construction practices indicated in mitigation measures N0I-1 through N0I-3, shall be implemented to minimize noise impacts to surrounding receptors to less than significant levels. Overall, construction of the proposed project would result in less than significant impacts with the implementation of mitigation. Long -Term Off -Site Traffic Noise The project -specific Traffic Impact Analysis determined that the operation of the mixed -use property would generate 231 fewer daily trips, due to the adjacency of residential and commercial uses, which reduce vehicle miles traveled. A reduction in daily trips would not generate an increase in traffic noise. Therefore, traffic noise impacts from project -related traffic on off -site sensitive receptors would be less than significant. Operational Noise The Noise and Vibration Impact Analysis conducted for the project site, analyzed the development of residential units and associated amenities in PA2, as proposed in the Site Development Permit (SDP) being submitted concurrently with Specific Plan Amendment No. 3. The proposed building would include roof- top HVAC units. The HVAC equipment could operate 24 hours per day. According to the project -specific Noise and Vibration Impact Analysis, rooftop HVAC equipment would generate noise levels of 66.6 dBA Leq at 5 feet per HVAC unit (based on previously gathered measurements). The closest off -site sensitive use to the project is the residential community to the south. The proposed location of on -site project HVAC units would be located approximately 25 feet away from the off -site sensitive uses. The table below presents the noise levels from HVAC equipment at the nearest noise - sensitive location. Table XIII-8 Summary of HVAC Noise Levels Reference Noise Total Reference Noise Off -Site Level for 1 Unit at 5 for each bank at 5 Distance Noise Level from Combined Lund Use feet feet Attenuation each bank Noise Level (Direction) dBA dBA L 1 dBA dBA dBA 4 Residencies - Memorial 66•6 74.4 37 33 39 Place (South) Source: Compiled by LSA (2422). 1 Includes a minimum reduction of S d5A provided by rooftop parapet walls, dBA = A -weighted decibels) HVAC = heating, ventilation, and air candttioning 6a = equivalent continuous sound level Per the project site plan, the project would include 4 banks of HVAC units (6 units within each bank). Each building would have parapet walls to hide the mechanical equipment, which would reduce noise levels by a minimum of 5 dBA. After distance attenuation, noise generated from the four banks of HVAC equipment at rooftop of Building 1 would be up to 39.0 dBA Leq at the nearest sensitive use. This noise level would not exceed the City's exterior daytime (7:00 a.m. to 11:00 p.m.) and nighttime (11:00 p.m. to 7:00 a.m.) noise standards of 65 dBA Leq and 50 dBA Leq, respectively. Therefore, noise associated with the onsite HVAC equipment would be less than significant, and no mitigation is required. 283 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 98 As previously stated, the project has the option to develop a commercial retail development plan. Per the analysis in EA 2002-462 for the commercial retail development plan, the primary potential noise impacts associated with the commercial retail project would be associated with vehicular noise. The loading and unloading of trucks at the back entrances of the shops could potentially result in temporary noise levels in excess of the City's standards, particularly during the quieter evening and night-time hours. However, vehicular and truck delivery noise is temporary and occasional, and is not expected to be sustained over long periods of time. Therefore, the Environmental Assessment concluded that a short-term inconvenience and nuisance could occur without the implementation of the following mitigation measure: 1. The project proponent shall include prohibition on deliveries to Shops 1, Shops 2 and Pad C during the hours of 9 p.m. to 8 a.m. in the project CC&Rs shall be submitted to the City Attorney's office for review and approval prior to issuance of building permits. Should the commercial retail development plan be developed in PA2 project, the above mitigation measure would be implemented. Noise Impacts to the Proposed Project The primary noise sources within the vicinity of the project include traffic noise from the surrounding roadways (i.e., Fred Waring Drive and Jefferson Street), as well as existing commercial areas. The following discussion analyzes offsite noise impacts to the proposed project. Exterior noise levels east of the project site could reach 64 dBA CNEL based on measured noise levels in the vicinity of the project. Exterior noise levels at the courtyard located at the center of Building 1 would be further reduced due to distance attenuation and shielding from the building, which would reduce noise levels by 3 dBA or more. For noise levels that are less than 65 dBA CNEL, the Land Use Compatibility Standards defines the noise environment as normally acceptable for residential uses; therefore, exterior traffic noise levels would remain below the City's exterior noise level standards for transportation noise. Based on this, the long-term on -site traffic noise levels would be less than significant. An interior noise level standard of 45 dBA CNEL or less is required for all noise sensitive rooms, per the California Code of Regulations. Based on the expected future exterior noise levels at the units closest to Jefferson Street approaching 64 dBA CNEL after distance attenuation, a minimum noise reduction of 19 dBA would be required. According to the Noise and Vibration Impact Analysis, the necessary reduction can be achieved with standard building construction and standard windows with Sound Transmission Class (STC) typically in the ratings of 25 — 28 range, and interior noise levels of 45 dBA CNEL or less would be achieved. Once final plans are available to detail the exterior wall construction and a window manufacturer has been chosen, a Final Acoustical Report (FAR) would be required to confirm the reduction capability of the exterior facades and to identify any specific upgrades necessary to achieve an interior noise level of 45 dBA CNEL or below. This is indicated as Mitigation Measure N0I-4. Therefore, with the implementation of mitigation measures N0I-1 through N0I4, project -related off -site traffic, on -site traffic, operational, and construction noise created by the project are reduced to less than significant levels. Mitigation: N0I-1: The project construction contractor shall equip all construction equipment, fixed or mobile, with properly operating and maintained noise mufflers, consistent with manufacturer's standards. N0I-2: The project construction contractor shall locate staging areas away from off -site sensitive uses during project development. 284 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 99 N0I-3: The project construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site whenever feasible. N0I4: Once final plans are available to detail the exterior wall construction and a window manufacturer has been chosen, a Final Acoustical Report (FAR) shall be submitted to the City to demonstrate the reduction capability of the exterior facades and to identify any specific upgrades necessary to achieve an interior noise level of 45 dBA CNEL or below. N0I-5: Should the commercial retail development plan be constructed in PA2, the project proponent shall include prohibition on deliveries to Shops 1, Shops 2 and Pad C during the hours of 9 p.m. to 8 a.m. in the project CC&Rs shall be submitted to the City Attorney's office for review and approval prior to issuance of building permits. b) Less than Significant Impact with Mitigation. Vibration is the periodic oscillation of a medium or object. The rumbling sound caused by the vibration of room surfaces is called structure -borne noise. Sources of ground -borne vibrations include natural phenomena (e.g., earthquakes, volcanic eruptions, sea waves, landslides) or human -made causes (e.g., explosions, machinery, traffic, trains, construction equipment). Vibration sources may be continuous, such as factory machinery, or transient, such as explosions. As is the case with airborne sound, ground -borne vibrations may be described by amplitude and frequency. The project -specific Noise and Vibration Impact Analysis evaluates the level of human annoyance using vibration levels in VdB and assesses the potential for building damage using vibration levels in PPV (in/sec). This is because calculating vibration levels in PPV is best for characterizing the potential for damage. The table below shows the PPV values from 5 to 270 feet from the construction vibration source. Bulldozers and other heavy -tracked construction equipment expected to be used for this project generate approximately 0.089 PPV in/sec of ground -borne vibration when measured at 25 feet, based on the FTA Manual. The distance to the nearest buildings is measured between the nearest off -site buildings and the project construction boundary (assuming the construction equipment would be used at or near the project setback line). Table XIII-9 Potential Construction Vibration Damage Impacts at Nearest Receptor Receptor (Location) Reference Vibration Level (PPV) at 25 feet' Distance (feet)z Vibration Level (PPV) Commercial (North) 0.099 5 0.335 Residences (South) 25 0.089 Residences (West) 300 0.002 Commercial/ Residences (East) 270 0.003 Source: Compiled by LSA (2022). 1 The reference vibration level is associated with a large bulldozer, which is expected to be representative of the heavy eclWpment used during construction. z The reference distance is associated with the peak condition, identified by the distance from the perimeter of construction activities to surrounding structures. PPV = peak particle velocity The closest structure to the project site is the commercial uses in PA1, approximately 5 feet from the limits of construction activity for PA2. It is expected that vibration levels generated by dump trucks and other large equipment that would be as close as 5 feet from the property line would generate ground -borne vibration levels of up to 0.352 PPV (in/sec) at the closest structure to the project site. This vibration level would exceed the 0.2 PPV (in/sec) threshold considered safe for non -engineered timber and masonry buildings. It is expected that construction activities utilizing heavy equipment would generate vibration 285 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 100 levels greater than 0.2 in/sec in PPV when operating within 5 feet of PA2, which would result in a potentially significant impact. Therefore, the use of heavy equipment should be prohibited within 15 feet of existing structures to ensure that vibration levels are below the 0.2 PPV (in/sec) threshold, as required in Mitigation Measure NOI-6. At 15 feet, dump trucks and other large equipment would generate ground -borne vibrations levels of up to 0.191 PPV (in/sec) at the closest structure to the project site and would not exceed the 0.2 PPV (in/sec) threshold. If heavy equipment is necessary within 15 feet of the north boundary of PA2, Mitigation Measure N0I-7 would be implemented to reduce potential impacts by requiring a vibration monitoring and construction contingency plan that would ensure that vibration levels are below the 0.2 PPV (in/sec) and vibration damage would not occur. Therefore, construction would not result in any vibration damage and impacts would be less than significant with the incorporation of Mitigation Measure N0I-6 and N0I-7. To further minimize the perceived vibration impacts, the City of La Quinta limits the exposure of noise sensitive land uses to construction areas by permitting construction activities to occur only during construction hours established by Section 6.08.050 of the City's Noise Ordinance. Construction activities will be required to comply with the construction hours established by the LQMC. Overall, the implementation of mitigation Measure N0I-6 and N0I-7 would ensure a less than significant level by prohibiting heavy equipment within 15 feet of existing structures or requiring a vibration monitoring plan that would ensure that the vibration levels are below the 0.2 PPV (in/sec) and vibration damage would not occur. Additionally, construction activities are regulated by the City Municipal Code, which states that temporary construction, maintenance, or demolition activities are not allowed during the nighttime hours, so vibration impacts would not occur during the more sensitive nighttime hours. With the implementation of mitigation, project -generated vibration would be reduced to less than significant levels. Mitigation: N0I-6: The use of heavy equipment is prohibited within 15 feet of existing commercial structures, unless the provisions of NOI-7 are first implemented. N0I-7: If heavy equipment is necessary within 15 of existing structure the following actions shall be implemented prior to issuance of grading permits: o Identify structures that could be affected by ground -borne vibration and would be located within 15 feet of where heavy construction equipment would be used. This task shall be conducted by a qualified structural engineer as approved by the City's Director of Community Development or designee. o Develop a vibration monitoring and construction contingency plan for approval by the City's Director of Community Development, or designee, to identify structures where monitoring would be conducted; set up a vibration monitoring schedule; define structure -specific vibration limits; and address the need to conduct photo, elevation, and crack surveys to document before and after construction conditions. Construction contingencies would be identified for when vibration levels approached the limits. o At a minimum, monitor vibration during initial demolition activities. Monitoring results may indicate the need for more intensive measurements if vibration levels approach the 0.2 PPV (in/sec) threshold. o When vibration levels approach the 0.2 PPV (in/sec) limit, suspend construction and implement contingencies as identified in the approved vibration monitoring and construction contingency plan to either lower vibration levels or secure the affected structures. c) Less than Significant Impact. Airport -related noise levels are primarily associated with aircraft engine noise made while aircraft are taking off, landing, or running their engines while still on the ground. The closest airport to the proposed project site is the Bermuda Dunes Airport located approximately 1.15 286 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 101 miles north of the project. The proposed project is located outside of the 60 dBA CNEL noise contour. Therefore, less than significant impacts are anticipated. However, the project is located within Zone E of the Bermuda Dunes Airport Land Use Compatibility Plan. Therefore, the project is subject to review from the Riverside County ALUC. ALUC has reviewed the project and determined that it is compatible the 2004 Bermuda Dunes Airport Land Use Compatibility Plan, therefore impacts are less than significant. Mitigation: None 287 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 102 14. POPULATION AND HOUSING — Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or ❑ ❑ ® ❑ indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or housing, necessitating the construction ❑ ❑ ❑ of replacement housing elsewhere? Sources: La Quinta General Plan 2035, and 2022-2029 Housing Element; SCAG Local Profile 2018, Housing Type by Units: 2018. California Department of Finance, Population and Housing Estimates for Cities, Counties, and the State 1990-2000 and 2011-2021. Setting: According to the City of La Quinta 2022 Housing Element, the City had a population of 23,694 people in 2000 which increased by 58.1 percent, to 37,467 people in 2010. In 2018, the population increased to 40,704. Per the U.S. Census, the City of La Quinta's population was 38,181 people in July 2021. Between 2010 and 2018, the number of households within the City increased 4.6 percent, from 14,820 to 15,505. In 2018 the City of La Quinta had a total of 25,143 housing units, of which 15,505 housing units, or approximately 61.7 percent of units, were occupied. Conversely, 9,638 units, or 38.3 percent, were registered as vacant, according to the La Quinta Housing Element. This vacancy rate is due to the seasonal, recreational, or occasional use of many of the homes in the City. The 2022 Regional Housing Needs Assessment (RHNA) proposes that La Quinta facilitate the development of 1,530 new housing units for the 2022-2029 planning period. The RHNA includes housing planning goals of 420 units for very low, 269 units for low, 297 units for moderate, and 544 units for above moderate -income households. According to the Department of Finance (DOF), the City of La Quinta had a population of 37,860 people in 2022. The La Quinta General Plan (LQGP) Environmental Impact Report (EIR) forecasts a population of 46,297 people by year 2035, while the Southern California Association of Governments (SLAG) forecasts that by 2040, the City will have approximately 47,700 people. a) Less than Significant Impact. SPA No. 3 allows the construction and operation of up to 95 multifamily residential units in PA2. Using the City's average household size of 2.37 people, the project has the capacity to increase the City's population by approximately 225 people, for an approximate population of up to 38,085 in the City. This is below the City's 2035 and SCAG's 2040 population forecasts of 46,297 and 47,700 people, respectively. Existing streets, utilities and services occur both surrounding and within the Specific Plan boundary. Although buildout and full occupancy of the project could potentially result in a 0.60 percent population increase of the current City population, this increase is consistent with City and regional growth projections, and public service providers and utilities will be able to adequately accommodate this growth. Therefore, the project would not result in a substantial unanticipated population increase in the City. Impacts would be less than significant. The number of estimated housing units in the City of La Quinta in 2019 was 24,643 housing units, according to SCAG's 2019 Local Profile of La Quinta; however, only approximately 15,643 units were occupied. SPA No. 3 allows up to 95 dwelling units which is a maximum 0.38 percent increase of 2019 housing units. 288 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 103 According to the LQGP EIR, the City of La Quinta Land Use Plan can accommodate up to 31,603 residential dwelling units within the City limits. The 95 dwelling units allowed in SPA No. 3 account for approximately 0.3 percent of the remaining capacity for dwelling units anticipated by the City. Thus, while implementation of the project would result in a direct increase in population and housing, it is consistent with the projected residential growth for the City. Additionally, the residential component of the project would assist in helping the City of La Quinta achieve the RHNA requirement of 1,530 new housing units within the 2022-2029 planning period. Therefore, the project would not result in a substantial increase in total housing units in the City. Impacts would be less than significant. The development of the commercial option would result in the development of an approximately 42,500- square-foot and 5,000-square-foot commercial building. The development of the commercial buildings would connect to the existing infrastructure at and around the site; thus, the development of the approved Specific Plan (Amendment No. 2) would not result in unexpected direct or indirect growth. Therefore, approval and development of the proposed project is not expected to result in direct and indirect unplanned growth within the City. Less than significant impacts are expected. Mitigation: None b) No Impact. The proposed PA2 site currently operates as a paved parking lot for the Jefferson Square Specific Plan. Graded, undeveloped pads occur onsite as well. These undeveloped pads are fenced off and vacant. The proposed project does not include the demolition or conversion of existing residential dwelling units to non-residential uses. The project does not include the displacement of any residents within the project area. There will be no impact to the current population of the area as it is vacant land. Mitigation: None 289 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 104 15. PUBLIC SERVICES — Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ® ❑ Police protection? ❑ ❑ ® ❑ Schools? ❑ ❑ ® ❑ Parks? ❑ ❑ ® ❑ Other public facilities? ❑ ❑ ❑ Sources: La Quinta 2035 General Plan Update, 2013; La Quinta 2035 General Plan Update Environmental Impact Report, 2013; Desert Sands Unified School District website. Setting: Fire: The Riverside County Fire Department (RCFD), under contract with the City of La Quinta, provides 24-hour fire protection and emergency medical services to the City. There are three City -owned fire stations within the City of La Quinta, Fire Station 32, Station 70 and Station 93. Each station is staffed with full-time paid and volunteer firefighters. Fire Station 93 located at 44555 Adams Street is approximately 1 mile from the proposed project site and is equipped with a primary engine and a reserve engine. Fire Station 32 is located at 78111 Avenue 52 and is approximately 4 miles from the proposed project site. This station's equipment includes a primary and reserve fire engine, volunteer squad, and rescue vehicles. Fire Station 70 is located at 54001 Madison Street and is approximately 5 miles from the project site. This station is equipped with a primary engine, a brush fire engine, and a volunteer squad. The Riverside County Fire Department operates under a Regional Fire Protection Program, which allows all of its fire stations to provide support as needed regardless of jurisdictional boundaries. Per the La Quinta 2035 General Plan EIR, the average response times are between 5 and 7 minutes. Police: Law enforcement services are provided to the City of La Quinta through a contractual agreement with Riverside County Sheriff's Department. The Sheriff's department provides 24-hour municipal police services associated with a City police department. The La Quinta police department operates out of the Thermal Station located at 86625 Airport Boulevard. There is also a Civic Center Community Policing Office, located at 78-495 Calle Tampico. The City's police department patrols 7 days a week, 365 days a year and 24-hours a day. The department serves a population of approximately 41,204 residents and patrols over 33 square miles. The City also employs volunteers that assist the Sheriff's Department, through a program known as "Citizens on Patrol" (COP). They are trained by the Riverside County Sheriff's Department and assist and support the deputies of the La Quinta Police Department. The City has 49 sworn officers and 6 community service officers. 290 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 105 Schools: The City of La Quinta is served by two school districts; Desert Sands Unified School District (DSUSD) and Coachella Valley Unified School District (CVUSD). DSUSD serves the portion of the City west of Jefferson Street and north of Avenue 48. The proposed project site is within the boundary of the DSUSD; Amelia Earhart Elementary and John Glenn Middle School are the closest schools to the proposed project and are approximately 0.40 miles to the southwest. La Quinta High School is approximately 1 mile southwest of the project. Parks: The City of la Quinta provides public and private parks, trails, open space and multi -city recreational facilities with various amenities. The City oversees 11 city parks, a civic center and three nature preserve areas. Per the 2035 La Quinta General Plan, the City has a policy of providing a minimum of 5.0 acres per 1,000 residents. a) Fire Less than Significant Impact. Development and operation of PA2 may cause an incremental increase in demand for emergency services. Fire Station 93, at 44555 Adams Street, is the closest fire station to the project, located approximately 1 mile southwest. The surrounding development already receives fire services and the proposed project would be adequately served by fire protection services within the 5- minute response time and no new or expanded facilities would be required. The project will also be required to pay Developer Impact Fees, which are, in part, directed to the construction of additional fire facilities on a fair share basis. Additionally, the project will comply with the 2035 General Plan Emergency Services Policy ES-1.2 in that all new development proposals are routed to the Fire Department to assure that project access and design provide for maximum fire life safety. The project would be required to implement all applicable fire safety requirements, to include, installation of fire hydrants, and sprinkler systems. Less than significant impacts are expected as a result of project implementation. Mitigation: None Police Less than Significant Impact. The City has no established staffing ratio, and police staffing in La Quinta is based on the safety needs of the local community and the resources needed to provide these safety needs. The City of La Quinta currently has 49 sworn officers and 6 community service officers. The La Quinta Police Department's Average Emergency Response is 5:39 minutes, while all other responses (i.e., non - emergencies) average 23:6 minutes. Law Enforcement responses originate from within the City (deputies on shift), rather than a station. The development would occur within an area with existing commercial and residential uses, which are already being served and patrolled by the La Quinta Police Department. The project will also be required to pay Developer Impact Fees, which are, in part, directed to the construction of additional police facilities on a fair share basis. The current DIF for multi -family residential is $6,113, which the City documented is adequate to mitigate any significant impacts to public facilities from new development. Additionally, the project complies with the 2035 General Plan Emergency Services Policy ES-1.6 in that all new development proposals shall continue to be routed to the Police Department to assure that the Project access and design provide for a defensible space and maximum crime prevention while maintaining City design standards and codes. Development of the proposed project will result in less than significant impacts to police services. Mitigation: None Schools 291 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 106 Less than Significant Impact. The SPA will not, in and of itself, have any impact on schools. The SDP is proposing a multifamily residential development on approximately 5.1 acres. Therefore, the project has the potential to generate 32 new students based on DSUSD's Student Generation Rates, as indicated in the table below. Table 15-I DSUSD District Wide Student Generation Rate School Type Dwelling Units Generation Rate* Students Generated*** Elementary School 95 0.1486 14 Middle School 95 0.0793 8 High School 95 0.1221 12 Total New Students 34 *Source: 2022 DSUSD Fee Justification Study for New Residential and Commercial/Industrial Development, May 2022. **95 dwelling units were analyzed consistent with the SPA. **Students generated rounded. Assembly Bill 2926 and Senate Bill 50 (SB 50) allow school districts to collect development fees for all new construction for residential/commercial and industrial use. At the time of writing, DSUSD development fees are $4.79/sq.ft. for residential and $0.78/ sq.ft. for commercial, collected to offset impacts of new residents and employees, respectively.. Monies collected are used for construction and reconstruction of school facilities. Because the development fees are specifically designed to offset the impacts of new development, less than significant impact to school services are expected. Mitigation: None Parks Less than Significant Impact. The City currently exceeds its level of service and the amount of parkland required by the QUIMBY Act. The City oversees 11 city parks, a civic center and three nature preserve areas. There are approximately 5,259 acres of open space areas set aside in the City. These developed open space recreational areas include a variety of city owned and maintained parks and facilities, County owned parks, Desert Recreation District facilities, and public and private golf courses. In addition, there are approximately 6,933 acres of natural open space areas within the City offering hiking trails, equestrian trails, and passive recreation opportunities. SPA No.3 allows the development of up to 95 multifamily units and associated parking in PA2, south of the existing commercial buildings in the Jefferson Square Specific Plan. In addition to the residential units, any multifamily project would require site amenities such as tot -lots, walking trail, gym, community room, courtyard, pool, and lobby. The project's recreational spaces would be available to the residents of the project. However, it is likely that the residents would use the existing recreational facilities throughout the City. Therefore, the project will comply with development impact fees in order to allow for the City's maintenance of the public facilities. With the payment of these fees, the project would result in less than significant impacts to parks. Mitigation: None Other Public Facilities No Impact. No increase in demand for government services or other public facilities is expected beyond those discussed in this section. Mitigation: None 292 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 107 16. RECREATION — Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ® ❑ physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an ❑ ❑ ® ❑ adverse physical effect on the environment? Sources: La Quinta General Plan, La Quinta General Plan Environmental Impact Report. Setting: The City of La Quinta offers a variety of passive and active recreational opportunities for residents and visitors to the region. Within the City limits are five mini parks, including Eisenhower Park, Seasons Park, Saguaro Park, Desert Pride and Velasco Park. Neighborhood parks include Fritz Burns Park, Adams Park, Monticello Park, and Pioneer Park. The nearest park to the project is Monticello Park, located immediately west of the project site. The City also operates and maintains the La Quinta Wellness Center and La Quinta Museum which are located within the Village. The La Quinta Wellness Center provides fitness equipment and classes, and also provides services for senior residents. The La Quinta Museum provides residents with cultural activities, including art exhibits, programs, and events. The Desert Recreation District provides park facilities and recreation programs throughout the Coachella Valley. The Desert Recreation District operates the La Quinta Community Center and Park, located at 77865 Avenida Montezuma, includes a 6.5-acre park and 5,000 square foot community center. The 6.5-acre park includes ball fields, basketball courts, playground, picnic tables, barbecues, restrooms, an outdoor amphitheater, outdoor exercise facilities, and drinking fountains. The Community Center includes the La Quinta Fitness Center, kitchen, and concessions. In addition to community parks, walking and hiking trails also exist within the City of La Quinta. Hiking occurs in the southern portion of the City, south of the Cove neighborhood. The trails include the 8.92-mile Boo Hoff Trail southwest of the project, the 2.41-mile Cove to Lake Trail southwest of the project, and the 4-mile Bear Creek Trail southwest of the project. a-b) Less than Significant Impact. SPA No. 3 allows the development of up to 95 multifamily units in PA2. As shown in the SDP, a gym, community room, courtyard, pool, are proposed, consistent with the on -site recreational requirements of the SPA. The project's recreational spaces would be available to the residents of the project. However, it is likely that the residents would use the existing recreational facilities throughout the City. The 95 units would result in an increase in population of 225 people, which is not substantial and will not result in a need for expansion of existing City recreational facilities, particularly since the project includes on -site recreation. Impacts will be less than significant. Mitigation: None 293 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 108 17. TRANSPORTATION — Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, ❑ ❑ ® ❑ roadway, bicycle and pedestrian facilities? b) Would the project conflict or be inconsistent with ❑ ❑ ® ❑ CEQA guidelines section 15064.3, subdivision b ? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous ❑ ❑ ® ❑ intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? ❑ ❑ ® ❑ Source: Jefferson Square Apartments Trip Generation and Vehicle Miles Traveled Screening Analysis, Translutions, Inc, August 24, 2022. SettmU The proposed project is located at the southwest corner of Fred Waring Drive and Jefferson Street in the City of La Quinta. Access to the Jefferson Square Specific Plan site occurs at four existing driveways. Two access points are located on Fred Waring Drive and two access points are located on Jefferson Street. These access points can be utilized for emergency access. Fred Waring Drive, an east/west roadway, and Jefferson Street, a north/south roadway, are both designated Major Arterial roadways in the City's Circulation Element. Major Arterials have a total of 6 lanes divided by medians. Both roads are fully built out in this location with curb and gutter. Traffic is controlled by a traffic signal at the intersection of Fred Waring Drive and Jefferson Street. The City's established goal for this intersection is a Level of Service (LOS) D or better, and the goal for roadway link segment operations is LOS C or better. Regional access to the site is provided by Interstate 10 to Jefferson Street (south) then south to Fred Waring Drive. Land uses north of Fred Waring Drive are residential, land uses east of Jefferson Street are Commercial. Land uses to the west are characterized as public park. Land to the south contains single family residential homes. The Specific Plan area was analyzed for 16,500 square feet of retail, 13,928 square feet of supermarket uses, a 42,500 square foot hardware store, a 4,500 square foot drive thru bank, and a 13,013 square foot pharmacy/drug store in 2008. Approximately 39,000 square feet of the retail uses have been constructed to date. Project Summary The SPA is currently proposing up to 95 units in PA2. PA1 has been developed and will remain as is. Vehicle Miles Traveled (VMT) The current recommended metric in the CEQA guidelines for transportation impacts is Vehicle Miles Traveled (VMT) per capita per SB 743. The legislative intent of SB 743 is to balance the needs of congestion management with statewide goals for infill development, promotion of public health through active transportation and reduction of greenhouse gas emissions. VMT is a measure of the amount of travel for all vehicles in a geographic region over a given period of time, typically a one-year period. According to the Governor's office of Planning and Research (OPR) proposed CEQA Guideline Implementing SB 743, projects that decrease vehicle miles traveled in a project area compared to existing conditions should be considered to have a less than significant transportation impact. 294 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 109 Based on OPR's Technical Advisory, the City of La Quinta has prepared their Vehicle Miles Traveled Analysis Policy (City Guidelines). The VMT analysis was prepared based on the adopted City Guidelines. The La Quinta Guidelines are consistent with the VMT analysis methodology recommended by OPR. a) Less Than Significant Impact. The City's General Plan includes policies that require LOS D as the minimum for intersection operations. Urban Crossroads, Inc. and Clyde E. Sweet and Associates prepared traffic impact analyses for the Jefferson Square Specific Plan in 2008. Each analysis found that traffic impacts to the then -proposed project were less than significant, and no mitigation measures were proposed. In order to assess current conditions and the proposed project, Translutions, Inc. prepared a memo describing the trip generation and vehicle miles traveled screening analysis for the proposed Jefferson Square Specific Plan Amendment No. 3 project ("proposed project") in the City of La Quinta. The trip generation for entitled uses is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (11't' Edition). The land use codes for trip generation analysis are number 862 (Home Improvement Store) and number 822 (Strip Retail Plaza) for the proposed and existing 2008 Specific Plan. 2008 Jefferson Square Specific Plan Trip Generation The project site is currently entitled for a 42,500 square foot home improvement superstore and 7,000 of general retail uses. Approximately 39,000 square feet of strip retail has been constructed in the Jefferson Square Specific Plan area (PA1). The SPA would allow, as an option, the development of the balance of the commercial uses in PA2. Trip generation was calculated based on the proposed development for the project site, existing pharmacy/retail and the future retail pads in the Jefferson Square Specific Plan Area. Table XV11-1 shows the trip generation summary of the currently entitled uses. Table XVII -1 Entitled (2008) Specific Plan Trip Generation Summary Trip Generation Rates * Land Use ITE LU Code Quantity ** AM Peak Hour PM Peak Hour Daily In Out Total In Out Total Home Improvement Superstore 862 TSF 0.86 0.65 1.51 1.12 1.17 2.29 30.74 Strip Retail Plaza 822 TSF 1.42 0.94 2.36 3.30 3.30 6.59 54.45 Trip Generation Results Land Use ITE LU Code Quantity ** AM Peak Hour PM Peak Hour Daily In Out Total In Out Total Home Improvement Superstore 862 43 37 27 64 48 49 97 1,307 Pass By Trips -42% -16 -11 -27 -20 -21 -41 -549 Sub Total 21 16 37 28 28 56 757 Strip Retail Plaza 822 48 68 45 113 158 158 316 2,614 Pass By Trips 40 27 18 45 63 63 126 1,046 Sub Total 41 27 68 95 95 190 1568 Total 62 43 105 123 123 246 2,326 * Trip Generation Source: Institute of Transportation Engineers (ITE), Trip Generation Manual, 11' Edition (2021). ** TSF= Thousand Square Feet, DU= Dwelling Units As shown in Table XVII-1, the 2008 Specific Plan would be anticipated to generate a total of 2,326 trips per day on a typical weekday, 105 AM peak hour trips, and 246 PM peak hour trips. This trip generation would be consistent with the commercial option proposed in the SPA for build out of the site as a commercial project. 295 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 110 Residential Project Trip Generation The current project SPA is proposing up to 95 multifamily dwelling units to replace the approved land uses located in the PA2 area of the Specific Plan. Access will remain the same. The trip generation for the proposed land use is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (I I ' Edition). The ITE Land use codes utilized include number 220 (Multifamily Housing Low -Rise) and number 822 (Strip Retail Plaza). As shown in Table XVII-2, the proposed project is anticipated to generate a total of 2,040 trips per day on a typical weekday, 101 AM peak hour trips, and 212 PM peak hour trips for the entire SPA area. The SPA's residential project will therefore generate a total of 286 fewer trips than the 2,326 ADT of the total 2008 SP project. Table XVII-2 Proposed Project Trip Generation Summary Trip Generation Rates * Land Use ITE LU Code Quantity ** AM Peak Hour PM Peak Hour Daily In Out I Total In Out Total Multifamily Housing Low -Rise 220 DU 0.10 0.30 0.40 0.32 0.19 0.51 6.74 Strip Retail Plaza 822 TSF 1.42 0.94 2.36 3.30 3.30 6.59 54.45 Trip Generation Results Land Use ITE LU Code Quantity ** AM Peak Hour PM Peak Hour Daily In Out Total In Out Total Proposed Multifamily Housing 220 112 11 34 45 36 21 57 755 Existing Strip Retail Plaza 822 39 56 37 93 130 129 259 2,142 Pass By Trips 40 -22 -15 -37 -52 -52 -104 -857 Sub Total 34 22 56 78 77 155 1285 Total 45 56 101 114 98 212 2,040 * Trip Generation Source: Institute of Transportation Engineers (ITE), Trip Generation Manual, 11 `h Edition (2021). ** TSF= Thousand Square Feet, D U = Dwelling Units Table XVII -3 Change in Trip Generation — Summary of SPA PA2 Option Trip Generation Comparison Results Land Use AM Peak Hour PM Peak Hour Daily In Out Total In Out Total Entitled Specific Plan (2008) Option 1 for PA2 Home Improvement Super store 21 16 37 28 28 56 757 Proposed Residential for PA2 Multifamily Housing 11 34 45 36 21 57 755 Variance -10 18 8 8 -7 1 -2 Table XVII-3 indicates that the proposed residential option in PA2 is anticipated to reduce daily trips when compared to the approved commercial in PA2. The residential project would result in a slight increase of traffic during the AM Peak Hour (+8 ADT) and the PM Peak Hour (+1 ADT) however the daily total would decrease by 2 ADT when compared to commercial development. Overall, the either option implemented under the SPA would have equivalent and less than significant impacts. The General Plan EIR Determined that roadway segments on Fred Waring and Jefferson Street would operate at acceptable levels at General Plan buildout. The EIR further found that the intersection of Fred Waring and Jefferson Street will operate at an acceptable LOS C. The proposed project will generate comparable trips to what was analyzed in the General Plan EIR and less than significant impacts are anticipated. Congestion Management Plan 296 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page I II The County Congestion Management Plan (CMP) requires a LOS E or better for regional roadways. As noted previously the generation, distribution, and management of project traffic is not expected to conflict with the CMP; no CMP roadways occur in the vicinity of the project. The project and background traffic will not exceed City level of service standards or travel demand measures, or other standards established by the City or Riverside County Transportation Commission (RCTC) for designated roads or highways. The Transportation Uniform Mitigation Fees (TUMF) program identifies network backbone and local roadways that are needed to accommodate growth. The project proponent will be required to contribute development impact fees (e.g., traffic signal mitigation fees) and participate in the TUMF program. Following the payment of required fees such as TUMF and DIF, less than significand impacts are anticipated relative to the CMP. Alternative Transportation Sunline Transit Agency provides public bus service throughout the Coachella Valley. Sunline Transit Agency provides bus services along Fred Waring Drive with Route 6. The nearest bus stops are #247 (westbound) and #248 (eastbound) on Fred Waring Drive. Bus stop #247 is on the north side of Fred Waring Drive, directly north of the Specific Plan area, Bus stop #248 is located on the south side of Fred Waring Drive approximately 700 feet east of the project site. There is no bus service on Jefferson Street. According to the Active Transportation Plan, prepared by the Coachella Valley Association of Governments (CVAG), bike lanes do exist along both Fred Waring Drive and Jefferson Street. The La Quinta General Plan (GP) Bike Paths Master Plan indicates that there are Class II Bike Lanes along both Fred Waring Drive and Jefferson Street. The La Quinta GP Golf Cart/Neighborhood Electric Vehicle (NEV)/Multi-use Paths exhibit indicates that a Class 11 golf cart / NEV path is located along Jefferson Street. The project would provide a pedestrian access network that internally links all uses and connects to all existing external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. The project includes sidewalk connections, particularly to / from the parking areas and associated uses. The proposed project is not anticipated to result in significant impacts to existing bike lanes. Temporary impacts may occur during construction; however, any bicycle access adjacent to the project will be restored to existing conditions. The City of La Quinta implements a Development Impact Fee (DIF.) The proposed project will therefore be subject to the DIF. The project design will not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Less than significant impacts are anticipated. Mitigation: None b) Less Than Significant Impact. The California Environmental Quality Act (CEQA) procedures for determination of transportation impacts consist of an evaluation of Vehicle Miles Traveled (VMT), due to Senate Bill 743 (SB 743). Vehicle delay and level of service are still used in La Quinta traffic studies, as presented previously in this CEQA document. 297 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 112 To aid in the analysis of VMT, the Governor's Office of Planning and Research (OPR) released a Technical Advisory. Based on OPR's Technical Advisory, the City of La Quinta prepared their City Guidelines. A Project specific VMT Screening has been prepared based on the adopted City Guidelines. Methodology The City of La Quinta Vehicle Miles Traveled Analysis Policy sets forth screening criteria under which projects are not required to submit detailed VMT analysis. This guidance for determination of non- significant VMT impact is primarily intended to avoid unnecessary analysis and findings that would be inconsistent with the intent of SB 743. VMT screening criteria for development projects includes the following: Low VMT-Generating Area: Residential and office projects located within a low VMT generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary. In addition, other employment -related and mixed -use land use projects may qualify for the use of screening if the project can reasonably be expected to generate VMT per resident, per worker, or per service population that is similar to the existing land uses in the low VMT area. Project Screening The project site is located in Traffic Assessment Zone (TAZ) 921 of RIVCOM. The citywide VMT/Capita is 13.1. The VMT for TAZ 921 is 11.02 VMT/Capita, which is lower than the City threshold. Therefore, the project screens out of a VMT analysis and impacts are presumed to be less than significant. The proposed project will not increase the daily trips currently attributed to the 2008 Specific Plan. Conclusions The project is not anticipated to increase trip generation under either development scenario when compared to the 2008 Specific Plan and is located in a low VMT generating area. Therefore, changes to the Specific Plan can be presumed to have a less than significant impact. Mitigation: None c) Less than Significant Impact. The project will be developed in accordance with City standards and will not create a substantial increase in hazards due to a design feature. The project's access points will not be altered. The access points were developed with adequate sight distances and no change is proposed. The internal circulation system will provide adequate fire department access. A Traffic Control Plan may be required as a condition of approval to be implemented throughout all construction activities. This plan will work to reduce potential impacts that may arise due to conflicts with construction traffic. Impacts will be less than significant. The project's access points will be located with adequate sight distances, and project -generated traffic will be consistent with existing traffic in the area. The project is not anticipated to increase hazards due to geometric design feature or incompatible uses. Following the review and approval process at the City of La Quinta, impacts are less than significant without mitigation.. Mitigation: None 298 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 113 d) Less than Significant Impact. Emergency Access: Regional access to the project site will be provided via primary arterials, secondary arterials and a variety of local roads. The project will utilize the existing access points at Fred Waring Drive and Jefferson Street; both streets are a part of the City's existing grid system. The proposed project will include emergency access drives that allow access to all sides of the buildings for emergency vehicles. Prior to construction, both the Fire department and Police department will review project plans to ensure safety measures are addressed, including emergency access. The proposed project will not result in inadequate emergency access. Less than significant impacts are anticipated. Mitigation: None 299 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 114 18. TRIBAL CULTURAL RESOURCES — Would Potentially Less Than Less Than No the project: Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Would the project cause a substantial Adverse change in the significance of a Tribal cultural resource, defined in Public Resource Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i)Listed or eligible for listing in the California Register of Historical Resources, or in a local ❑ ® ❑ ❑ Register of historical resources as defined in Public Resource Code Section 5020.1 k , or; ii)A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria ❑ ® ❑ ❑ set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American Tribe. Sources: CRM Tech Cultural Report Memorandum (2022) Setting: The Coachella Valley is a historical center of Native American settlement, where U.S. surveyors noted large numbers of Indian villages and rancherias occupied by the Cahuilla people in the mid-19th century. The origin of the name "Cahuilla" is unclear, but it may have originated from their own word kdwiya, meaning master or boss. The Takic-speaking Cahuilla are generally divided by anthropologists into three groups, according to their geographic setting: the Pass Cahuilla of the San Gorgonio Pass -Palm Springs area, the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains and the Cahuilla Valley, and the Desert Cahuilla of the eastern Coachella Valley. The Cahuilla did not have a single name that referred to an all-inclusive tribal affiliation. Instead, membership was in terms of lineages or clans. Each lineage or clan belonged to one of two main divisions of the people, known as moieties, which were named for the Wildcat, or Tuktum, and the Coyote, or Istam. Members of clans in one moiety had to marry into clans from the other moiety. Individual clans had villages, or central places, and territories they called their own for purposes of hunting game and gathering raw materials for food, medicine, ritual, or tool use. They interacted with other clans through trade, intermarriage, and ceremonies. Today, Native Americans of Pass or Desert Cahuilla heritage are mostly affiliated with one or more of the Indian reservations in and near the Coachella Valley, including Torres Martinez, Augustine, Cabazon, Agua Caliente, and Morongo. There has been a resurgence of traditional ceremonies, and the language, songs, and stories are now being taught to the younger generations. a i-ii) Less than Significant with Mitigation. As previously discussed in the Cultural Resources section of this document, a monitoring program was undertaken during earth -moving operations for the Jefferson Square Specific Plan project in 2008-2009, which encompassed the current project area in its entirety. The monitoring program resulted in the discovery of an isolated pottery sherd and human cremation site The sherd was found near the eastern boundary of the current project area, well outside of the boundaries 300 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 115 of any previously recorded sites in the vicinity and was determined not to qualify as a "historical resource". Therefore, it required no further treatment. The cremation remains were originally discovered to the north of the current project area but within the boundaries of Site 33-001769. In consultation with the nearby Cabazon Band of Mission Indians, the remains were reinterred in the southwestern corner of the current project area at a depth of approximately eight feet below the surface, in an area designated for landscaping at the time. This cremation site meets the statutory/regulatory definition of a "historical resource" and thus requires proper protection under CEQA provisions. To ensure that all significant Tribal Cultural Resources are identified and fully considered, the City of La Quinta initiated consultation under both SB 18 and AB52. During the consultation period, the Cabazon Band of Mission Indians requested that a 10-foot by 10-foot easement to be developed at the reinterred site to avoid potential impacts to the site during operation. Mitigation: See CUL-1 301 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 116 19. UTILITIES AND SERVICE SYSTEMS — Potentially Less Than Less Than No Would the project: Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Require or result in the relocation or construction of new or expanded water, ❑ ❑ ® ❑ wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonable foreseeable future development during normal, dry and ❑ ❑ ® ❑ multiple dry years? c) Result in a determination by wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ® ❑ project's projected demand in addition to the provider's existing commitments? d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment ❑ ❑ ® ❑ of solid waste reductiongoals? e) Comply with federal, state, and local management and reduction statutes and ❑ ❑ ❑ regulations related to solid waste? Source: City of La Quinta 2035 General Plan, Chapter V, Public Infrastructure and Services, Riverside County EIR No. 52, Public Facilities, Section 4.17. Settm CVWD provides domestic and wastewater service to the project vicinity and is largest provider of potable water in the Coachella Valley. It operates more than 100 wells and serves a population of 283,000 in its service areas. CVWD's adopted 2020 Coachella Valley Regional Urban Water Management Plan has been developed to assist the agency in reliably meeting current and future water demands in a cost-effective manner. Additionally, CVWD treats nearly 6.3 billion gallons of wastewater a year. CVWD operates six water reclamation plants and maintains more than 1,000 miles of sewer pipeline and more than 30 lift stations that transport wastewater to the nearest treatment facility. Groundwater is the primary source of domestic water supply in the Coachella Valley. CVWD is the largest provider of potable water in the Coachella Valley and currently provides potable water to the City of La Quinta. CVWD's 2020 Regional Urban Water Management Plan and 2022 Indio Subbasin Water Management Plan have been developed to assist the agency in reliably meeting current and future water demands in a cost-effective manner. The comprehensive Water Management Plan guides efforts to eliminate overdraft, prevent groundwater level decline, protect water quality, and prevent land subsidence. The 2020 UWMP serves as a planning tool that documents actions in support of long-term water resources planning and ensures adequate water supplies are available to meet the existing and future urban water demands. CVWD has developed a Sewer System Management Plan (SSMP) pursuant to the State Water Resources Control Board Order No. 2006-0003, Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems. The primary goal of the SSMP is to minimize frequency and severity of Sanitary Sewer Overflows (SSOs). The SSMP addresses the management, planning, design, and operation and maintenance of the District's sanitary sewer system. The wastewater system serves approximately 265,000 customers. The system collects municipal waste from residential and commercial users, delivering the collected wastewater to one of six Wastewater 302 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 117 Reclamation Plants. The system includes approximately 1,100 miles of sewer, 34 lift stations and approximately 17,000 manholes. At the City level, hydrology and stormwater standards required for the control of drainage and floodwater flows are established in Section 13.24.120 (A) of the La Quinta Municipal Code and in La Quinta Engineering Bulletin #06- 16 (Hydrology and Hydraulic Report Criteria for Storm Drain Systems). The City's stormwater regulations are designed to align with the MS4, NPDES, and CWA programs. The City's engineering review process ensures that improvement plans are reviewed for compliance with the City's requirements pertaining to grading, hydrology, and stormwater management prior to issuance of grading permits. The site is IID's service area for electricity, and will receive natural gas from Southern California Gas Company, and Frontier and Charter Communications for telecommunications. The site is currently connected to utility services located on Jefferson Street. Solid waste disposal and recycling services for the City of La Quinta is provided by Burrtec. Solid waste and recycling collected from the proposed project will be hauled to the Edom Hill Transfer Station. Waste from this transfer station is then sent to a permitted landfill or recycling facility outside of the Coachella Valley. These include Badlands Disposal Site, El Sobrante Sanitary Landfill and Lamb Canyon Disposal Site. Cal -Recycle data indicates the Badlands Disposal site has 15,748.799 cubic yards of remaining capacity, the El Sobrante Landfill has a remaining capacity of 145,530,000 tons of solid waste, and Lamb Canyon Disposal has a remaining solid waste capacity of 19,242,950 cubic yards. As part of its long-range planning and management activities, the Riverside County Department of Waste Resources (RCDWR) ensures that Riverside County has a minimum of 15 years of capacity, at any time, for future landfill disposal. The 15-year projection of disposal capacity is prepared each year as part of the annual reporting requirements for the Countywide Integrated Waste Management Plan. The most recent 15-year projection by the RCDWR indicates that the remaining disposal capacity in year 2024 is 28,561,626 tons. a) Less than Significant Impact. The project site is in an urban setting currently served by existing utilities. Domestic water and wastewater services are provided to the site by the Coachella Valley Water District (CVWD). The project would connect to the existing water and sewer mains along Jefferson Street and Fred Waring Drive. Imperial Irrigation District would continue to provide electric power to the site and SoCal Gas would continue natural gas services, telecommunication connections are provided by Frontier and Spectrum, all connections of these utilities are located within the Specific Plan area's boundary. The proposed project will not result in modifications to the drainage areas, water quality treatment, runoff quantities, or retention capacities already established for the site. The extension of all onsite utilities will occur within the project's existing footprint and no new construction of public water, wastewater, electric power, natural gas, or telecommunications facilities will need to be constructed or relocated. Therefore, less than significant impacts are expected. Mitigation: None b) Less than Significant Impact. CVWD's domestic water system has 64 pressure zones and consists of approximately 97 groundwater production wells, 2,000 miles of pipe, and 133 million gallons of storage in 65 enclosed reservoirs. CVWD's 2020 Regional Urban Water Management Plan (RUWMP) has been developed to assist the agency in reliably meeting current and future water demands in a cost-effective manner. The comprehensive Water Management Plan guides efforts to eliminate overdraft, prevent groundwater level decline, protect water quality, and prevent land subsidence. Per the 2020 Regional Urban Water Management Plan (RUWMP), CVWD anticipates that multi -family development is expected to use less water than existing properties due to the mandated use of high efficiency plumbing fixtures under the CalGreen building standards and reduced landscape water use mandated by CVWD's Landscape Ordinance. 303 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 118 The proposed project would connect into the existing infrastructure on Fred Waring and Jefferson Street through on -site improvements of water lines and will comply with the existing water management program in place. The addition of the 89 proposed for the SDP units will result in an increase to water demand. It is estimated that a project of this size could use 25,312 gallons of potable water per day or 2 8.3 5 acre feet per year (AFY), while the commercial option could use an estimated 12,750 gallons of potable water per day or 14.28 AFY. CVWD currently has total water demand of 87,959 AFY, and projects a demand of 137,629 AFY by 2035. These projections are based, in part, on the land use designations of parcels in its service area. The project water use, under multifamily scenario represents 0.021% of future demand, whereas the commercial scenario represents 0.010% of future demand. While the multifamily scenario is approximately twice that of the commercial scenario, either project scenario is anticipated to be within CVWD's future water capacity. The City's Municipal Code has several ordinances in place to ensure water supply and efficiency measures are in place. Additionally, the City has adopted CVWD's water -efficient landscape ordinance (in compliance with the Department of Water Resources Model Water Efficient Landscape Ordinance). This ordinance requires landscape design that incorporates climate appropriate plant material and efficient irrigation for all new and rehabilitated landscaping projects. Compliance with these ordinances will ensure that future development reduces water demand to meet target demands. The expansion will be expected to implement water conservation measures to reduce impacts to the public water supply per the CVWD UWMP. Therefore, less than significant impacts to water supplies are expected. Mitigation: None c) Less than Significant Impact. Wastewater from the City is conveyed to CVWD's Water Reclamation Plant No.7 (WRP-7) which has a capacity of 5.0 mgd and currently processes 2.8 mgd. The proposed project would connect into the existing sewer mains on Fred Waring Drive and Jefferson Street and provide waste water services to the site through a series of private sewer laterals. The proposed project's wastewater demand is estimated at 11,601 gallons per day, or 0.0116 mgd. Therefore, the estimated sewer demand for the project is anticipated to be nominal and within the treatment capacity of this plant. Table XIX-1 Projected Wastewater Demand Unit Description No. of Units Res. per Unit Gal. per Res. Gal per Day 1 bd / 1 bth Apartment Home 42 2.37 55 5,475 2 bd / 2 bth Apartment Home 29 2.37 55 3,780 3 bd Townhome 18 2.37 55 2,346 Total 89 11,601 The project will undergo review by CVWD to ensure wastewater capacity and compliance with the current wastewater treatment requirements. Additionally, sewer connection fees in place at the time of development will be collected by CVWD. No new or expanded treatment facilities are expected as a result of project implementation, or is the project expected to exceed wastewater capacity. Less than significant impacts are expected. Mitigation: None d) Less than Significant Impact. All future development would be required to comply with mandatory commercial and multifamily recycling requirements of Assembly Bill 341. The project will generate 320.4 304 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 119 cubic yards of solid waste during operation of the multifamily project. The waste generated by the project is approximately 2.03 percent of the remaining capacity at Badlands Disposal site; 0.0002 percent of El Sobrante Landfill's remaining capacity; and 0.002 percent of the remaining capacity of the Lamb Canyon Disposal site. Comparatively, the commercial option of the site would result in 506.16 cubic yards of solid waste per year. This is approximately 63.3 percent more than the proposed multifamily project. Burrtech's compliance with State and regional requirements will assure that the project will comply with all applicable solid waste statutes, policies and guidelines; and the project will be served by a landfill with sufficient capacity to serve the project. Therefore, less than significant impacts relative to solid waste are anticipated. Table XIX-2 Projected Multifamily Solid Waste Generation Land Use Units Rate Solid Waste (tons/year Solid Waste c / ear Residential 89 Units 0.41 tons per du 36.49 324.03 Table XIX-2 Projected Commercial Solid Waste Generation Land Use Units Rate Solid Waste (tons/year Solid Waste c / ear Commercial 47,500 SF 2.4 tons per 1,000 sf. 114 506.16 Source: Generation Rates are from the 2015 Riverside County Environmental Impact Report No. 521, Public Facilities, Table 4.17-N. Residential waste (loose) = 8.88 cubic yards/ton; commercial/industrial waste (loose) = 4.44 cubic yards/ton. Source EPA RecycleMania, Volume -to -Weight Conversion Chart. Mitigation: None e) No Impact. The project will comply with all applicable solid waste statutes, policies and guidelines. All development is required to comply with the mandatory commercial and multi -family recycling requirements of Assembly Bill 341. The project will also comply with the recycling requirements of Cal Green and develop a waste management plan that will include diverting at least 50% of construction and demolition material from landfills. No impacts are expected relative to applicable solid waste regulations. Mitigation: None 305 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 120 20. WILDFIRE — If located in or near state Potentially Less Than Less Than No responsibility areas or lands classified as very Significant Significant Significant Impact high fire hazard severity zones, would the Project: Impact with Mitigation Impact Incorporation a) Substantially impair an adopted emergency ❑ ❑ ❑ response plan or emergency evacuationplan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant ❑ ❑ ❑ concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water resources, power lines ❑ ❑ ❑ ❑ or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or ❑ ❑ ❑ landslides, as a result of runoff post -fire slope instability, or drainage changes? Sources: CAL FIRE Fire Hazard Severity Zone Maps; La Quinta General Plan, and 2022 Safety Element Update; La Quinta General Plan Environmental Impact Report. Setting: A wildfire is an unplanned fire that burns in a natural area such as a forest, grassland, or prairie. Wildfires are often caused by humans or lighting and are exacerbated by steep slopes, dense vegetation (fuel), and dry and windy weather conditions. When these conditions are present, a wildfire can burn quickly and over a vast area, damaging hillsides, essential infrastructure, and homes and buildings. The northern and central portions of the City are primarily urbanized, with few remaining vacant areas. The southern and western portions of the City are occupied by the Santa Rosa Mountains, which are undeveloped, apart from the recreational uses (i.e., hiking trails) in this area. The undeveloped Santa Rosa Mountains in the southern portion of the City are characterized by steep topographic gradients that are typically conducive to spreading wildfires. However, wildfires in the undeveloped local mountains adjacent to the Coachella Valley cities are not common due to the mountains' natural terrain, which is steep, rocky, and dry. The topographic character of the Santa Rosa Mountains is not conducive for the growth of dense vegetation; and as a result, the amount of fuel available for wildland fires is limited. The flat urban and developed areas of La Quinta are considered low wildfires areas, as indicated in the La Quinta General Plan Safety Element (updated in 2022). A Wildland Urban Interface (WUI) is the line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetation fuels. People and man-made structures in WUI areas are more susceptible to the impacts of wildfires due to their adjacency to areas that provide fuel to wildfires, such as forests with dense vegetation. The City of La Quinta's southern and western boundary is delineated by the Santa Rosa Mountains, introducing an urban-wildland interface to these areas of the City. However, the project site is located in the northern portion of the City, and is characterized by flat, urban land. The areas near the project site are absent of wildlands and the project is not located in an area identified as an WUI. a-d) No Impact. The Specific Plan area has been previously disturbed. The project is paved and includes parking spaces and landscaped medians. Graded, undeveloped pads are located on the west and south boundaries. The project site sits within an urban and developed context. 306 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 121 Based on historical data from 2013 to March 2021, no wildfire occurred within the City and SOI. There were three fires near the SOI, the largest being the Shady Fire in Thermal, a vegetation fire that burned 130 acres in May 2019. As shown in Exhibit IV-7 in the General Plan Safety Element, there are no state responsibility areas or very high fire hazard severity zones (VHFHSZ) in the City and SOI. Thus, the project is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones, therefore, no impacts are anticipated. Mitigation: None 307 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 122 21. MANDATORY FINDINGS OF Potentially Less Than Less Than No SIGNIFICANCE Significant Significant Significant Impact Impact with Mitigation Impact Incorporation a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or ❑ ® ❑ ❑ animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable ❑ ❑ ® ❑ when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects, which will cause substantial adverse effects on ❑ ❑ ® ❑ human beings, either directly or indirectly? a) Less than Significant Impact with Mitigation. As concluded in the Biological Resources sections of this document, the proposed project would result in no impacts, less than significant impacts, or less than significant impacts with mitigation incorporated to these resources. The project will not significantly degrade the overall quality of the region's environment, or substantially reduce the habitat of a wildlife species, case a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare of endangered plant or animal species. However, to avoid potential impacts to nesting birds, vegetation removal should be conducted outside the general bird nesting season and preconstruction surveys are required (per California Fish and Game Code and the MBTA). Per the analysis in the Cultural Resources section, the project would result in less than significant impacts with the implementation of mitigation measures. Thus, the project would not eliminate important examples of the major periods or California history or prehistory. However, Tribal monitors shall be required if excavations reach depths greater than 8 feet. Based upon the information and mitigation measures provided within this Initial Study, approval and implementation of the project is not expected to substantially alter or degrade the quality of the environment, including biological, cultural or historical resources. Less than significant impacts with mitigation are expected. b) Less than Significant Impact. The project is surrounded by commercial, recreational and residential development and the proposed project and location, is found to be adequate and consistent with existing federal, state and local policies and is consistent with the City of La Quinta 2035 General Plan and surrounding land use. Approval and implementation of the proposed project will result in less than significant impacts related to cumulatively considerable impacts. c) Less than Significant Impact. The proposed project will not result in impacts related to environmental effects that will cause substantial adverse effects on human beings. The project has been designed to comply with established design guidelines and current building standards. The City's review process will ensure that applicable guidelines are being followed. Based upon the findings provided in this document, and mitigation measures and standard conditions incorporated into the project, less than significant impacts are expected. 308 Jefferson Square Flora Residential Project Initial Study/Mitigated Negative Declaration April 2024/Page 123 Appendix: A: CalEEMod Modeling B: Cultural Memo, CRM Tech C: Geotechnical Report 2008, Krazan and Associates D: Geotechnical Report Update 2022, Krazan and Associates E: Hydrology Report: DRC Engineering, Inc. F: Water Quality Management Plan, DRC Engineering, Inc. G: Noise and Vibration Impact Analysis, LSA H: Traffic Report 2008, Clyde E. Sweet and Associates I: Traffic Report Update 2022, Translutions Available for review on the city website at: https://www.laquintaca.gov/our-city/city-departments/design-and- development/planning-division/public-hearing-notices 309 CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Phone: (760) 777-7125 ENVIRONMENTAL INITIAL STUDY Project Title: City Project No: Lead Agency Name and Address: RESPONSE TO COMMENTS Jefferson Square Specific Plan Amendment & Flora Residential Project SPA 2002-062 SDP 2022-0015 TTM 2022-0003 EA 2022-0012 City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Phone: (760) 328-2266 Applicant: Beacon Realty c/o Omar Hussein 69930 CA Hwy 111, Suite 203 Rancho Mirage, CA 92270 Representative: goUrban Development c/o Luis Gomez 24444Hawthome Boulevard, Suite 109C Torrance, CA 90275 Contact Person & Phone Number: Nicole Sauviat Criste, Consulting Planner Design and Development Department City of La Quinta 78495 Calle Tampico, La Quinta CA 92253 Phone: (760) 777-7069 Project Location: West of Jefferson Street, South of Fred Waring Drive Assessor's Parcel Numbers 604-521-013 and 604-521-014. General Plan Designation: General Commercial (CG) Zoning Designation: Neighborhood Commercial (CN) City of La Quinta Initial Study Response to Comments Page 1 August 2024 310 Comments and Reponses to the Comments on the Draft IS/MND List of Commenters The following is a list of individuals, representatives, organizations and agencies that submitted written comments on the Draft IS/MND. The City received a total of 10 comment letters. Table 1, Comment Letters Received on the Draft ISIMND, provides a list of all comment letters received. Table 1 lists the ID letter assigned to each comment letter, the date it was received, and commenter's name. Table 1 Comment Letters Received on the IS/MND Letter ID Date Commenter 1 May 9, 2024 Augustine Band of Cahuilla Indians Jacobia Kirkse 2 May 9, 2024 Southern California Gas Company Josh Rubal 3 May 14, 2024 Desert Sands Unified School District Patrick Cisneros 4 May 28, 2024 Riverside County Airport Land Use Commission Jackie Vega 5 May 28, 2024 Department of Toxic Substances Control Dave Kereazis 6 May 29, 2024 Agua Caliente Band of Cahuilla Indians Xitlaly Madrigal 7 May 29, 2024 Imperial Irrigation District Donald Vargas 8 May 29, 2024 Riverside County Flood Control and Water Conservation District Amy McNeill 9 May 29, 2024 RivCoParks Lynda Ramos 10 July 3, 2024 Twenty -Nine Palms Band of Mission Indians Christopher Nicosia CEQA Requirements Regarding Comments and Responses CEQA Guidelines, Section 15204(b), outlines parameters for submitting comments on negative declarations. Persons and public agencies should focus the on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: 1. Identify the specific effect, 2. Explain why they believe the effect would occur, and 3. Explain why they believe the effect would be significant. CEQA Guidelines, Section 15204(c), further advises that reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence. City of La Quinta Page 2 Initial Study Response to Comments August 2024 311 Responses to Comment Letters Written comments on the Draft IS/MND are reproduced on the following pages, along with responses to those comments. Changes to the Draft IS/MND text that result from responding to comments are included on the response and noted with an underline in bold for new text and a strikeout for deleted text. City of La Quinta Initial Study Response to Comments Page 3 August 2024 312 Letter 1 — Augustine Band of Cahuilla Indians ( U(lIMENT LETTER NO. I AUGUSTINE BAND OF CAHUILLA INDIANS 94-001 AVENUE 54 OOACHEI LA, CA 92236 1 r: 760-398-4722 P. 760-369-7161 TRSHAL CILAUMRWN: AMANDA AUGUS THE TRIBAL TREASURCR WtLL[AM VARC£ TMAL COUNCIL IMF AML' RON91E VANCE Date: 05/09/2024 Dear: Nicole 5auviat Criste Consulting Mmuier SL-BJECT: Jefferson Square Specific Plan Amendment & Flora Residential Project Thank you for the ogportiwity to offer input concerning the development of the above -identified project We appreciate your sensitivity to the cultural resources that may be impacted by your project and the importance of these cultural resources to the Native American peoples that have occupied the laud surrounding the area of your project for thousands of years. Unfortunately, increased development and lack of sensitivity to cultural resources have resulted in many significant cultural resources being destroyed or substantially altered and impacted. Your invitation to consult on this project is greatly appreciated_ At this time, we are unaware of specific cultural resources that may be affected by the proposed project, however, in the event, you should discover any cultural resources during the development of this protect please contact our office immediately for farther evaluation. Very tn$y your, Jacobia Kirksey, Tribal Operations Specialist Augustine Band of Cahudla Indians 1-a City of La Quinta Initial Study Response to Comments Page 4 August 2024 313 Augustine Band of Cahuilla Indians Comments and Responses Comment 1-a• Thank you for the opportunity to offer input concerning the development of the above -identified project. We appreciate your sensitivity to the cultural resources that may be impacted by your project and the importance of these cultural resources to the Native American peoples that have occupied the land surrounding the area of your project for thousands of years. Unfortunately, increased development and lack of sensitivity to cultural resources have resulted in many significant cultural resources being destroyed or substantially altered and impacted. Your invitation to consult on this project is greatly appreciated. At this time, we are unaware of specific cultural resources that may be affected by the proposed project, however, in the event, you should discover any cultural resources during the development of this project please contact our office immediately for further evaluation. Response 1-a: The City thanks the Augustine Band of Cahuilla Indians for participating in the review of the IS/MND. Since the comment did not raise any questions or concerns with the IS/MND, no further response is warranted. However, the City will notify the Tribe if any cultural resources are discovered during the development of the project. City of La Quinta Page 5 Initial Study Response to Comments August 2024 314 Letter 2 — Southern California Gas Company 5f9124- Jefferson Square Specific Plan Amendment - Notice of Intent to Adopt a Mitigated Negative Declaration - City of La Quinta SCG SE Region Redlands Utility Request <SCGSERegion Red landsUtilityRequest@semprautilities.corn> Thu 519J20243:39 AM To:Gonsultrng Planner ¢consultingPlanner@laquintaca.goaa r 1 attachments (234 KB) Jefferson Square N01 5.9.2024.pdf; EXTEP—N.A.L: 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 inforruation. Hello, just reviewed the documents regarding Jefferson Square Specific Plan Amendment SoCalGas Distribution does have facilities in the area. Please note on case to have Developer contact 811 1 USA at E)jgAle rt I Utility Locating California i Underground Wire & Cable Locator prior to any excavation 1 demolition activities so we can Locate & Mark out ou r facilities. If the Developer needs new gas service, please have them contact our Builder Services group to begin the application process as soon as practicable, at https=llwww_socalgas_comffor-your-businesslbui Ider-services_ To avoid delays in processing requests and notifications, please have all new Franchise corespondence sent to our Utility Request inbox, at SCGSERegionRedlandsUtiIityRequest@semprautilities.com I cover the Southeast Region — Redlands SCGSERegionRedlandsUtilityRequest0semprautilities.com would be your contact for requests in the southeastern ends of LA County, Riverside County, San Bernardino & Imperial Counties_ Southeast Region - Anaheim office which is all of Orange County and the southern ends of Los Angeles County; therefore, any Map andior Will Serve Letter requests you have in these areas please send them to Atlas.RequestS) VillServeAnaheimr?semprautilities_com Northwest Region — Compton HQ Far West and Central LA County, your Map Request and WiII Serve Letters, will go to SCG-CamptonUtiIityReauest9semprautlllties. com Northwest Region - Chatsworth For any requests from the northern most parts of LA County all the way up to Visalia, San Luis Obispo. Fresno and Tulare you would contact NorthvwestUistributlor7UtiRb Eequest@semprautilities_com 2-a :#auNouk.office36S.com/maiV1nboxfid1AAMkAGAMWY10TY1L_.EgF?ZG40k9usbwwAAABiWpfAACJ3fcdNN$t$JbZotPWYez4AAVxuYdiAAA%SD Page 1 of 2 City of La Quinta Initial Study Response to Comments Page 6 August 2024 315 5 f904, 12=2 2 PM Transmission For Transmission requests, please contact SoCalGas Transmission, at 2_a SoCalGasTransrnissionUtilityRequest@ semprautilities.com Thank you, Josh Rubal Lead Planning Associate Distribution Planning & Project Management Redlands HO - Southeast Region (213) 231-7978 Office SCGSERegion Redlarids UtilityRequest9semprautilitias. cam soalGas From: Consulting Planner<ConsultingPlannerCalaquintaca.gov> Sent: Thursday, May 9, 2024 8:00 AM To: Consulting Planner<ConsultingPlannerGU)laquintaca,govi Subjeot: 519124- Jefferson Square Specific Plan Amendment - Notice of Intent to Adopt a Mitigated Negative Declaration - City of La Quinta Good morning, Attached please find the Notice of Intent to Adapt a Mitigated Negative Declaration for the above referenced project for your review. Public Review Period: A 20-day public review period for the Draft Mitigated Negative Deciaration will commence on May 9, 2024, and end on May 29, 2024, for interested individuals and public agencies to submit written comments on the document_ Any written comments on the Mitigated Negative Declaration must be received within the public review period_ You may contact the project Planner, Nicole CnSte at (760) 341- 4800 with questions and send written comments by email to Consulting Plan nergLaQuintaCA.rgov or by mail to 78495 Calle Tampico, La Quinta CA 92253. The Mitigated Negative Declaration and Initial Study are available for review on the City's website at htti2s:llwww_laquintaca_tgovlour-citylci -del2artmentsldesign- [laquintaca.gav] and-development/planning-div1sionlpubIic-hearing- notice s_ Kindest Regards, Nicole Sauviat Criste Consulting Planner City of La Quinta This email originated outside of Sempra. Be cautious of attachments, web links, or requests far information. ps-#nLrr1nak.office3A6_comjmaiV1nhw0dVAAMkAddilAWV10TY1L.EgP2G46kaus6wWAAnBiWPfnnCJ3fcdHN$t$.ih7oiPWwez0AAV2uYdiAnA%30 Page 2 of 2 City of La Quinta Initial Study Response to Comments Page 7 August 2024 316 Southern California Gas Company Comments and Responses Comment 2-a• I just reviewed the documents regarding Jefferson Square Specific Plan Amendment SoCalGas Distribution does have facilities in the area. Please note on case to have Developer contact 811 / USA at DigAlert I Utility Locating California I Underground Wire & Cable Locator prior to any excavation / demolition activities so we can Locate & Mark out our facilities. If the Developer needs new gas service, please have them contact our Builder Services group to begin the application process as soon as practicable, at https://www.socalgas.com/or,your- business/builder-services. To avoid delays in processing requests and notifications, please have all new Franchise corespondence sent to our Utility Request inbox, at SCGSERezionRedlands UtilityRepuestt7a,semprautilities. com I cover the Southeast Region — Redlands SCGSERegionRedlandsUtilityRequest&semprautilities.com would be your contactfor requests in the southeastern ends of LA County, Riverside County, San Bernardino & Imperial Counties. Southeast Region - Anaheim office which is all of Orange County and the southern ends of Los Angeles County; therefore, any Map and/or Will Serve Letter requests you have in these areas please send them to AtlasRequests/WillServeAnaheim(ksemprautilities.com Northwest Region — Compton HQ For West and Central LA County, your Map Request and Will Serve Letters, will go to SCG- Compton UtilityRequestksemprautilities. com Northwest Region - Chatsworth For any requests from the northern most parts of LA County all the way up to Visalia, San Luis Obispo, Fresno and Tulare you would contact NorthwestDistribution UtilityRequest(a),semprautilities. com Transmission For Transmission requests, please contact SoCalGas Transmission, at So CalGas Transmission UtilityRequest&semprautilities. com Response 2-a: The City thanks the Southern California Gas Company for participating in the review of the IS/MND. If approved, the project applicant/developer will contact 811/USA DigAlert, prior to any excavation/demolition activities. This is a standard industry practice. Additional correspondence with the Southern California Gas Company will occur prior to development if facilities are required. City of La Quinta Page 8 Initial Study Response to Comments August 2024 317 Letter 3 — Desert Sands Unified School District DESERT SANDS UNIFIED SCHOOL DISTRICT 03 47.950 Dune Palms RDad - Le Quln[:S, California 92253 - (7150) 777-4200 • FAX: (760) 771•B505 BOARD OF FD CATION- Humberto AluaWr Michael purlin, Trica Pearce. l_rnda Pprrw, De. Kailee w�tsQn SUPERINTENDENT. KEAy Ky-Vollrnar, Ed.D. May 14, 2024 Sent Via Email ONLY Con suit nq Pi$ nn er4l_aO ui nts CA_q ov Nicole Criste, Project Planner 78495 Calle Tampico La Quinta, CA 92253 RE: Jefferson Square Specific Plan Amendment Ms. Cri ste: This is in response to your request for comments on the above referenced project and its effect on public schools. We have reviewed documents and ather clarification documents provided by the city and understand the project impact to the District to be as follows: Project SPA No.3 will be divided into two distinct areas- PA1 and PA2 • PA4 -To remain as all commercial retail per the original plan. • PA2 - Commercial retail with proposed 95 multi -family residential units. This is an increase from the previous project information and plan #hat indicated a proposed 89 (snit multifamily project [Flora Apartments) Please he advised, all actions toward residential and commercial development including this project will result in an impact on our school system_ The District's ability to meet the educational needs of the public with new schools has been seriously impacted by local, state, and federal budgets that have an impact on the financing of new schaaIs. As you are aware, there is a school mitigation fee that is currently collected on all new development at the time building permits are issued. Prior to issuing a permit, please ensure all developers contact the District and make an appointment to pay the required school fees. A formal certificate of compliance will be provided to the developer upon receipt of payment. Plea feel free to call me if you have further questions_ rATICI[ CISNERS Director, Facilities Services 55RrJ.=eo111hMsLmt PIES tzh3 p%RFE=S5CC] bVWFNT br Lpdres. Le d�FAdil�Cmmrer�Le1Lur�b78]eirursm Sq— Sp—Hk Plne Alnood—A & Rory ar.Jx d— The Future Is Here! City of La Quinta Initial Study Response to Comments Page 9 August 2024 318 Desert Sands Unified School District Comments and Responses Comment 3-a• This is in response to your request for comments on the above referenced project and its effect on public schools. We have reviewed documents and other clarification documents provided by the city and understand the project impact to the District to be as follows: Project SPA No.3 will be divided into two distinct areas- PAI and PA2 • PAI - To remain as all commercial retail per the original plan. • PA2 - Commercial retail with proposed 95 multi family residential units. This is an increase from the previous project information and plan that indicated a proposed 89 unit multifamily project (Flora Apartments) Response 3-a: The City thanks the Desert Sands Unified School District (DSUSD) for participating in the review of the IS/MND. This comment introduces the letter and summarizes the project. Since the comment did not raise any questions or concerns with the IS/MND, no further response is warranted. Comment 3-b: Please be advised, all actions toward residential and commercial development including this project will result in an impact on our school system. The District's ability to meet the educational needs of the public with new schools has been seriously impacted by local, state, and federal budgets that have an impact on the financing of new schools. As you are aware, there is a school mitigation fee that is currently collected on all new development at the time building permits are issued. Prior to issuing a permit, please ensure all developers contact the District and make an appointment to pay the required school fees. A formal certificate of compliance will be provided to the developer upon receipt of payment. Please feel free to call me if you have further questions. Response 3-b: In this comment, DSUSD reiterates the Project's responsibility to pay the required school mitigation fee prior to issuing building permits. As stated on page 106, of the IS/MND, at the time of this writing, DSUSD development fees are $4.79/sq.ft. for residential and $0.78/ sq.ft. for commercial development. The City will require that the applicant/developer pay the fees to the District prior to receiving building permits. City of La Quinta Page 10 Initial Study Response to Comments August 2024 319 Letter 4 — Riverside County Airport Land Use Commission RE, 2022-0002, SDP2022-0015, TTM2022-0003 Vega, Jaqueline CJ2Vega a@RlVC0.0RG> Tue 5J28f2024 3:58 PM To: Consulting Planner <Consulting?lanngr@laquintaca_gcv>;Nicole Criste (Contract Planner) <neriste@TerrA nov6pl a nning.corn�- ** EXTERNAUThis message originated outside of the City of La Quinta. Pleaseuse proper judgement and caution when opening attachments, clicking links or respondingto requests far information. ** Perfect, thanks .4,'o Should you have any questions, please contact me. 4-C Jwc ie Vega Urban Regional Planner 11 Riverside County Airport Land Use Commission #U$a Lemon 5trw, 14 Floor Rivarsil&Ca 02FO1 ;9E,1 � 900-3982 Javeas�RIVICO,QRG www.rsaluc.trrp From. Consulting Planner<ConsultingPlanner@laquintaca.gov> Sent: Tuesday, May 28, 2024 3:42 PM To: Vega, Jaqueline ClaVega@RIVCt7.ORG>; Nicole Criste (Contract Planner) <ncriste@Terranovaplanning.com> Subject: Re: 202243002, SDP2022 0015, TTM2022-0003 CAUTION: This email originated externallyfrom the Riverside £aunty email system_ DO NOT click links or open atrachmerrs unless you recognize the sender and know the content is safe - Thank you Jacqueline. The applicant received approval from ALUC in 2023_ Please see attached approval letter. 4-b Nicole Sauviat Criste Consulting Planner City of La Quinta From: Vega, Jaqueline <JaVegaPRIVC0.0RG> Sent: Tuesday, May 28, 202412:45 PM To: Nicole Criste (Contract Planner) encristeE@Terranova planning.tom>; Consulting Planner <Co n su ltin gPla n ne rf7 J aq u into ca.eov> Subject: 2022-00U2, SDP2022-0015, TTM2022-DU43 *• EXTERNAL• This message originated outside of the City of La Quinta_ Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Hello, Thank you for transmitting the above referenced project to ALUC for review. Please note that the proposed project is located within zone E of Bermuda Dunes AIA, and review by ALUC is required because the City of La 4-a Quinta is notyet consistent with the compatibility plan for Bermuda Dunes and the project also proposes a 711If14,12:26 FM City of La Quinta Initial Study Response to Comments Page 11 August 2024 320 legislative actfon. Mere is an application. Should you have any questions, please cvutact me. Jackie Vega Urban Regional Planner II Riverside County Airport Land Use Commission 4MD Lemcn Stream. 14 Huor 4ivers�e Ca 92`.ul {951)955-U9$2 J avraaiffiRt5a1C�,QRG aawx.r�sku c.org Confidentiality Disclaimer This email is confidential and intended solety forthe use afthe indl iduAs) to whoa¢ itis addressed, The information contained [¢this message maybe prmleged and confidential and protected from disclaaire. Ifyou are not the autbor's intended recipiem, he advised that;au have received this email in error and that any ose,dissemination, forwarding, printing, or mpying of this email i; strictly prohihited.Ifyou have rereived this email in error please delete all copies, both electronic and printed, and c Dntact the author immediately% County of Riverside California 4-a 7111/74.12.26 PM City of La Quinta Initial Study Response to Comments Page 12 August 2024 321 Riverside Airport Land Use Commission Comments and Responses Comment 4-a• Thank you for transmitting the above referenced project to ALUC for review. Please note that the proposed project is located within zone E of Bermuda Dunes AIA, and review by ALUC is required because the City of La Quinta is not yet consistent with the compatibility plan for Bermuda Dunes and the project also proposes a legislative action. Here is an application. Response 4-a: The City thanks the Riverside County Airport Land Use Commission (ALUC) for participating in the review of the IS/MND. This comment letter indicates email correspondence between ALUC and the City. This comment states the project's location within zone B of the Bermuda Dunes AIA, and requests submittal of an application to ALUC. Comment 4-b: Thank you Jacqueline. The applicant received approval from ALUC in 2023. Please see attached approval letter. Response 4-b: In this comment, the City responds to ALUC's email. The City confirms that the project received ALUC approval in 2023 and provides the approval letter. Comment 4-c• Perfect, thanks. Should you have any questions, please contact me. Response 4-c: In this comment, ALUC confirms receipt. No further comments or concerns are introduced, therefore, further response is not required. City of La Quinta Initial Study Response to Comments Page 13 August 2024 322 Letter 5 — Department of Toxic Substances Control Department of Toxic Substances Control Meredith Williams, Ph.D., Director Yana Gareia 8800 Cal Center Drive R"Mo 7Vew59M staofecSacramerrin. California 95826.3200 cw Grnremvr Enalranmenmentai Prctuon SENT VIA ELECTRONIC MAIL May 28, 2024 Nicole Sauviat Criste Consulting Planner City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 co nsu Iti nq p Ian n e rgbI ag u i ntaca. gov RE- MITIGATED NEGATIVE DECLARATION FOR THE JEFFERSON SQUARE SPECIFIC PLAN AMENDMENT AND FLORA RESIDENTIAL PROJECT, DATED NIAY 8, 2024 STATE CLEARINGHOUSE #2024050366 Dear Nicole Sauviat Criste, The Department of Toxic Substances Control (DTSC) received a Mitigated Negative Declaration (MND) for the Jefferson Square Specific Plan Amendment (SPA) and Flora Residential Project (Project). The Project Description proposes SPA No. 3 to allow commercial retail (option 1) or mixed -use development (option 2) within the Specific Plan area. SPA No. 3 divides the Specific Plan area into Planning Area 1 (PA1) and Planning Area 2 (PA2). PA1 is the inorthern portion of the site that is currently developed with commercial retail, and PA2 is the southern portion of the site that is currently undeveloped. Option 1 would allow PA1 and PA2 to remain commercial retail, and Option 2 would allow the development of up to 95 residential units within PA2. Concurrently, the project applicant seeks approval of a Site Development Permit (SDP) 2022-0015 and Tentative Tract Map (TTM) No. 36604. SDP 22-0015 proposes an 89- unit multifamily project in PA2, and TTM No. 38604 proposes to subdivide the PA2 site 5-a City of La Quinta Initial Study Response to Comments Page 14 August 2024 323 Nicole Sauviat Criste May 28, 2024 Page 2 into three lots. Based on our project review, we request consideration of the followina comments: 1. If buildings or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead -based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. Removal, demolition, and disposal of any of the above -mentioned chemicals should be conducted in compliance with California environmental regulations and policies_ In addition, sampling near current andfor former buildings should be con ducted in accordance with DTSC's Preliminary Endangerment Assessment (PEA Guidance Manual- 2- All imported soil and fill material should be tested to ensure any contaminants of concern are within DTSC's and U_S_ Environmental Protection Agency (USEPA) Regional Screen Levels (RSLs) for the intended land use_ To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material meets screening levels outlined in the PEA f❑r the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of the prior land use_ Additional information can be found by visiting DTSC's Human and Ecological Risk Office (HERO) webaage. DTSC believes the City of La Quinta must address these comments to determine if any significant impacts under the CaIifomia Environmental Quality Act (CEQA) will occur and, if necessary, avoid significant impacts under CEQA. DTSC appreciates the opportunity to comment on the M N D for the Jefferson Square Specific Plan Amendment and Flora Residential Project_ Thank you for your assistance in protecting Calif❑mia's people and environment from the harmful effects of toxic substances_ If you have any questions or would like any clarification on DTSC's comments, please respond to this letter or via email for additional guidance. 5-c b-d City of La Quinta Initial Study Response to Comments Page 15 August 2024 324 Nicole Sauviat Criste May 28, 2024 Page 3 Sincerely, Dave Kereazis Associate Environmental Planner HWMP - Permitting Division — CEQA Unit Department of Toxic Substances Control Dave- Kereazis dtsc.ca.ci cc- (via email) Governor's Office of Planning and Research State Clearinghouse State.Clearinahouse(cb.ovr.ca.aov Tamara Purvis Associate Environmental Planner H MP — Permitting Division - CEQA Unit Department of Toxic Substances Control Tarnara _ Pu rvisCcDd tsc_ ca _ ❑ov Scott Wiley Associate Governmental Program Analyst HMP — Permitting Division - CEQA Unit Department of Toxic Substances Control Scott iley(d)dtsc.ca.cov City of La Quinta Initial Study Response to Comments Page 16 August 2024 325 Department of Toxic Substances Control Comments and Responses Comment 5-a• The Department of Toxic Substances Control (DTSC) received a Mitigated Negative Declaration (MND) for the Jefferson Square Specific Plan Amendment (SPA) and Flora Residential Project (Project). The Project Description proposes SPA No. 3 to allow commercial retail (Option 1) or mixed -use development (Option 2) within the Specific Plan area. SPA No. 3 divides the Specific Plan area into Planning Area I (PAI) and Planning Area 2 (PA2). PAI is the northern portion of the site that is currently developed with commercial retail, and PA2 is the southern portion of the site that is currently undeveloped. Option I would allow PAI and PA2 to remain commercial retail, and Option 2 would allow the development of up to 95 residential units within PA2. Concurrently, the project applicant seeks approval of a Site Development Permit (SDP) 2022- 0015 and Tentative Tract Map (TTM) No. 38604. SDP 22-0015 proposes an 89-unit multifamily project in PA2, and TTM No. 38604 proposes to subdivide the PA2 site into three lots. Based on our project review, we request consideration of the following comments: Response 5-a: The City thanks the Department of Toxic Substances Control (DTSC) for participating in the review of the IS/MND. This comment introduces the letter and summarizes the project. The comment did not raise any questions or concerns with the IS/MND; therefore, no further response is warranted. The following comments and responses introduce and address DTSC's concerns. Comment 5-b• 1. If buildings or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead -based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. Removal, demolition, and disposal of any of the above -mentioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, sampling near current and/or former buildings should be conducted in accordance with DTSC's Preliminary Endangerment Assessment (PEA) Guidance Manual. Response 5-b: The project does not propose to demolish buildings or structures on the project site. As indicated on page 2 of the Initial Study, project Planning Area 2 is currently vacant but includes horizontal improvements such as paved drive aisles and parking spaces, curb and gutter improvements, post - mounted lighting, landscaping, and two undeveloped pads. Demolition of the site would include the demolition of the existing parking lot areas in PA 2. Changes are not proposed in Planning Area 1. Therefore, surveys discovering lead -based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk is not anticipated. Removal of asphalt or concrete, should it be required as part of Project construction, will be required by the City to comply with all local and State regulations. Comment 5-c• 2. All imported soil and fill material should be tested to ensure any contaminants of concern are within DTSC's and U.S. Environmental Protection Agency (USEPA) Regional Screen Levels (RSLs) for the intended land use. To minimize the possibility of introducing contaminated soil City of La Quinta Page 17 Initial Study Response to Comments August 2024 326 and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material meets screening levels outlined in the PEA for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of the prior land use. Additional information can be found by visiting DTSC's Human and Ecological Risk Office (HERO)webpage. Response 5-c: As discussed on page 60 and 61 of the Initial Study, the project soil types primarily consist of Myoma fine sand (MaD and MaB). During Krazan & Associates inspection of the site in 2022, they observed a weathered contion of the subgrade at the existing vacant pads in PA 2. The near surface soils were found to possess varying in -place densities and moisture contents. Therefore, Krazan & Associates recommended remedial grading (conducted in compliance with City standards), overexcavation and recompaction at the building foundation and parking areas to ensure the subsurface conditions are suitable for the proposed multifamily buildings and parking. This is required as Mitigation Measure GEO-1, listed below. Per GEO-1, any undocumented fill or buried structures encountered during grading or construction should be removed, and replaced (or backfilled) with Engineered Fill. According to the Geotechnical Report, the upper organic -free, on -site native soils are predominately silty sands and sands, and are suitable for reuse as non - expansive Engineered Fill, provided they are cleansed of organics and debris. However, should imported soil and fill material be required at the project, the project will test the imported soil or fill per DTSC's request. This will be included as GEO-2 (included below). GEO-1: Overexcavation and Recompaction — Building and Foundation Areas To reduce post -construction soil movement and provide uniform support for the buildings and other foundations, overexcavation and recomposition within the proposed building footprint areas should be performed to a minimum depth of at least twelve (12) inches below existing grades. The actual depth of the overexcavation and recompaction should be determined by the geotechnical field experts during construction. The exposed subgrade at the base of the overexcavation should then be scarified, moisture -conditioned as necessary, and compacted. The overexcavation and recompaction should also extend laterally five feet (5') beyond edges of the proposed footing or building limits. Any undocumented fill encountered during grading should be removed and replaced with Engineered Fill. This will apply to Buildings 1, 4, 5, and 6. For Building 2 and 3, recommendations presented on the Geotechnical Engineering Investigation should be followed. Overexcavation and Recompaction — Proposed Parking Areas To reduce post -construction soil movement and provide uniform support for the proposed parking and drive areas, overexcavation and recompaction of the near surface soil in the proposed parking area should be performed to a minimum depth of at least twelve (12) inches below existing grades or proposed subgrade, whichever is deeper. The actual depth of the overexcavation and recompaction City of La Quinta Initial Study Response to Comments Page 18 August 2024 327 should also extend laterally at least three (3) feet beyond edges of the proposed paving limits or to the property boundary. Any undocumented fill encountered during grading should be removed and replaced with Engineered Fill. Any buried structures encountered during construction should be properly removed and the resulting excavations backfilled with Engineered Fill, compacted to a minimum of 95 percent of the maximum dry density based on ASTM Test Method D 1557. Excavations, depressions, or soft and pliant areas extending below planned finished subgrade levels should be cleaned to firm, undisturbed soils and backfilled with Engineered Fill. Concrete footings should be removed to an equivalent depth of at least 3 feet below proposed footing elevations or as recommended by the Soils Engineer. Any other buried structures encountered, should be removed in accordance with the recommendations of the Soils Engineer. The resulting excavations should be backfilled with Engineered Fill. A representative of a professional geotechnical firm should be present during all site clearing and grading operations to test and observe earthwork construction. This testing and observation is an integral part of the service as acceptance of earthwork construction is dependent upon compaction of the material and the stability of the material. The soils engineer may reject any material that does not meet compaction and stability requirements. GEO-2: During grading and construction of the site, the project shall use the upper organic - free, on -site, native soils to backfill or replace removed soil. Should the project require imported soil and fill material, it should be tested to ensure any contaminants of concern are within DTSC's and U.S. Environmental Protection Agency (USEPA) Regional Screen Levels (RSLs) for the intended land use. To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material meets screening levels outlined in the PEA for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of the prior land use. Additional information can be found by visiting DTSC's Human and Ecological Risk Office (HERO)webpage. Comment 5-d: DTSC believes the City of La Quinta must address these comments to determine if any significant impacts under the California Environmental Quality Act (CEQA) will occur and, if necessary, avoid significant impacts under CEQA. DTSC appreciates the opportunity to comment on the AND for the Jefferson Square Specific Plan Amendment and Flora Residential Project. Thank you for your assistance in protecting California's people and environment from the harmful effects of toxic substances. If you have any questions or would like any clarification on DTSC's comments, please respond to this letter or via email for additional guidance. City of La Quinta Initial Study Response to Comments Page 19 August 2024 328 Response 5-d: As stated in Response 5-b, the project does not propose to demolish buildings or structures on the project site. Demolition of the site would include the demolition of the existing parking lot areas in PA 2. Therefore, lead -based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk is not anticipated at the site. Additionally, as stated in Response 5- c, imported soil and fill material may be required at the site during grading and construction. Therefore, Mitigation Measure GEO-2 was added to ensure the soil or fill material does not contain contaminants of concern within DTSC's and USEPA Regional Screen Levels. With the implementation of Mitigation Measure GEO-1 and GEO-2, the project would not result in significant impacts under CEQA. In this comment, DTSC concludes the letter. No further concerns are introduced. Therefore, no further response is warranted. City of La Quinta Initial Study Response to Comments Page 20 August 2024 329 Letter 6 — Agua Caliente Band of Cahuilla Indians COMMENT LETTER NO.6 AQUA CALiENTE BAND Or EAHUILLA INDIM Toga AL HISTongC PR es �ZfiVAT IOH Oj-0i7�24i8-0�� May 29, 2024 [VIA EMAIL TO:consultangplannerl_blaqumtaca.gov] City of La Quinta Ms_ Nicole Sauviat Criste 78495 Calle Tampico La Qtuinra, CA 92253 Re: Jefferson Square 1Lti-D Dear Ms_ Nicole Sauviat Criste_ The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Jefferson Square Specific Planproject_ We have reviewed the docttments and have the following comments: *On pg. 46 of the IALYD raider Section 5_ Cultural Resources Part C) "Disturb aay human remains, including those interred outside of dedicated cemeteries"". should be Potentially Significant Impart as previous ground disturbing activities have already resulted in the discovery of cremation remains. *Please contact our office to schedule a Tribal Monitor if Cabaxon does not provide one_ Again_ the Agua C aliente appreciates your interest in our cultural heritage. If ynu have questions or require additional information. please call me at (760) 423-3485. You may also email me at ACBCI-THP0@aguaca1: ente_net_ Cordially, Xitlaly Madrigal Cultural Resattrces Analyst Tribal Historic Preservation Office AGUA CALIENTE BAND OF CAHUELL A INDIANS JF401 DINAH SHGRE ARIVE. PALM SPRINGS, CA 92264 T 7F. a I a 99069 Oi} F 7115 i 699 i 6!tl P 4 %HYVW+SS1UAGALIHHTE-t4SM.G0V City of La Quinta Initial Study Response to Comments Page 21 August 2024 330 Agua Caliente Band of Cahuilla Indians Comments and Responses Comment 6-a• The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Jefferson Square Specific Plan project. We have reviewed the documents and have the following comments: • On pg. 46 of the MND under Section 5. Cultural Resources part C) "Disturb any human remains, including those interred outside of dedicated cemeteries? ", should be Potentially Significant Impact as previous ground disturbing activities have already resulted in the discovery of cremation remains. • Please contact our office to schedule a Tribal Monitor if Cabazon does not provide one. Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 423-3485. You may also email me at ACBCI-THPO(a,aguacaliente. net. Response 6-a: The City thanks the Agua Caliente Band of Cahuilla Indians (ACBCI) for participating in the review of the IS/MND. In this comment, the ACBCI introduces two comments. The first being the potentially significant impact to cremation remains. The ACBCI requested that the level of significance be changed to a "potentially significant impact" because previous activity already discovered the cremation remains. Threshold discussion c), analyzing the disturbance of any human remains including those interred outside of dedicated cemeteries, describes the requirements of State law pertaining to contacting the coroner to first determine if remains are recent/modern. If they are historic the issue is then handled by the onsite tribal monitor as described in Mitigation Measure CUL-1. The discussion correctly finds that impacts will be less than significant with the implementation of this mitigation measure. As stated on page 48 of the MND, Mitigation Measure CUL-1 states: "The presence of a qualified archaeologist and Tribal monitor shall be required during all project related ground disturbing activities at and around the reinterred resource site. If disturbances to that location — and potentially to the depth of eight feet — cannot be avoided, with the applicant shall work with the Cabazon Band of Mission Indians regarding the possibility of moving the cremation remains to a different portion of the project area, and shall demonstrate to the City in writing that this agreement has been executed and undertaken to the Tribe's satisfaction. The project applicant shall record a permanent 10-foot by 10-foot easement at the reinterred site at the southwest corner of the project, in favor of the Cabazon Band of Mission Indians concurrent with recordation of the Parcel Map." The second comment requests that if the Cabazon Band of Mission Indians do not provide a Tribal Monitor, that the project applicant/developer contact the ACBCI to schedule a Tribal Monitor. The City will assure that the project applicant contact the ACBCI if Cabazon Band of Mission Indians do not provide a Tribal Monitor. City of La Quinta Page 22 Initial Study Response to Comments August 2024 331 Letter 7 — Imperial Irrigation District -COMMENT LETTER NO.7 W. 11D ,� cc� Ifrrry rif ��rvir�� May 29,2024 Ms. Nicole Caste Project Planner Development & Design Department -City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 WWWJid,CL'.)n-. SUBJECT: NOI to Adopt an NIND for the Jefferson Square Specific Plan Amendment No. 3 Dear Ms. Ctlste: On May 14, 2024, tyre Impedal Irrigation District received from the City of La Quinta Design & Development Deptartment, a request for agency comments on the Notice of intent to adopt a Mitigated Negative Declaration for the Jefferson Square Specific Plan Amendment No_ 3. The applicant is proposing Specific Plan Amendment No. 3 to allow commercial retail Option 1) or mixed -use development (Option 2) within the Specific Plan area_ SPA No. 3 divides the Specific Plan area into two Planning Areas. PA1 is the northern portion of the site that is currently developed with commercial retail, and PA2 is the southern portion of the site that is currently undeveloped. Option 1 would allow PAII 7-a and PA2 to remain oommercial retail, and Option 2 would allow the development of up to 95 residential units within PA2. Concurrently, the project applicant seeks approval of a Site Development Permit 2022-0015 and Tentative Tract Map No. 38804. SDP 2022- 0015 proposes an 89-unit multifamily project in PA2. and TTM No. 38604 proposes to subdivide the PA2 site into three lots. The project site is located at the southwest comer of Jefferson Street and Fred Waring Drive (APNs 604-521-013 and -014)_ The IID has reviewed the project information and has the following comments: 1. Based on the preliminary information provided to II D, the district can accommodate the power requirement for the project with a now underground backbone line extension (conduit and cable) from circuit N921 with existing circuit reconfigurations and/or upgrades to existing PMH Switch No. 1196915 located northeast side of Miles Avenue and Jefferson Street to existing PMH Switch No. 1060701 located along the west side of Jefferson Street before Independence 7-b Way. 2. IID will not begin any studies to provide electrical service to a project and determine a final cost Until the app€icant submits a customer project application (available for download at the website http://wwvv.iid.c.omlhomelsh_o_wdocument?id=12923 and IMPERIAL inttrGATION DISTRICT - P.D. SOX 43J • IMPERIAL, CA 42251 City of La Quinta Page 23 Initial Study Response to Comments August 2024 332 Nicole Cristo May 29, 2024 Rage 2 detailed loading information, panel sizes, project schedule and estimated in- service data_ Applicant shall bear all casts associated with providing electrical service to the project, including but not limited to the construction of new distribution overhead and/or underground backbones, line extensions, upgrades or reconfigurations, which based an current 2Q24 IID rates, are estimated to be $400,00C (subject to change without notice); as well as the costs of any other related upgrades and applicable permits, zoning changes, landscaping (if required by the City) and rights -of -way and easements. 3. It is important to note that once a final study is developed based on the customer's application and loading calculations, the results will allow IID to perform an accurate assessment and provide a full report of any potential impacts and mitigation measures. The conditions of service could change as a result of the study. 4. The district's ability to provide service from existing infrastructure is based on current available capacity, which may be impacted by future development in the area. The projects must progress toward completion as IID is unable to hold system capacity to the detriment of other customers. 5. Underground infrastructure that includes trenching, with new 4_6,r conduits, pull boxes, swatch boxes and pads should be installed by the applicant following IID approved plans and within the #public utility easement or a dedicated easement, if applicable. Physical field installation of underground infrastructures should be verified and approved by an IID inspector prior to cable installation per IID ❑evelopei✓s GUIde (Mips_'/1titilwu+.IId. earn/horns/showdocum ant?id=14229). 6. Line extensions to serve the project will be made in accordance with IID Regulations: No.2 (hftr):Ilwww.iid.com/home/showdocurrent?id=2540). No.13 (http:I/www.iid.00m/home/showdocument?id=2553j, No.15(http:llwww.lid.com/homalshowdocument?id=2555) 7. Fnr additional infnrrnatinn regarding alectrical service far the projects, the applicant should be advised to contact the IID Energy - La Quinta Division Customer Operations, 81-500 Ave noe 58 La Quinta, CA 92253, at (760) 98-5841 and speak with the project development planner assigned to the area. 8. It is important to note that lID`s policy is to extend its electrical facilities only to those projects that have obtained the approval of a city or county planning commission and such other governmental authority or decision -making body having jurisdiction over said projects. 7-b City of La Quinta Initial Study Response to Comments Page 24 August 2024 333 Nicole Cdste May 29. 2024 Page 3 9_ The applicant will be required to provide rights of ways and easements for any proposed power line extensions andlor any other infrastructure needed to serve the project as well as the necessary access to allow for continued operation and maintenance of any IID facilities located on adjoining properties_ 10.Any construction or operation on IID property or within its existing and proposed right of way or easements including but not limited to: surface improvements such as proposed new streets. driveways, parking lots, landscape; and all water, sewer, storm water, or any other above ground or underground utilities; will require an encroachment permit, or encroachment agreement (depending on the circumstances). A oopyofthe IID encroachment permit application and instructions for its completion are available at https'lfwww_iid.comiabout-iid/department- directory#real-estate_ The IID Real Estate Section should be contacted at (760) 339-9239 for additional information regarding encroachment permits or agreements, 11. Any new, relocated, modified or reconstructed IID facilities required for and by the projects (which can include but is not limiter{ to electrical utility substations, electrical transmission and distribution lines; the acquisition and dedic.atlor of real property, rights of way andlor easements for the siting and construction of electrical utility substations, electrical transmission and/or distribution lines and ancillary facilities associated with the conveyance of energy service, etc.) need to be included as part of the project's California Environmental Quality Act (CEQA) andlor National Environmental Policy Act (NEPA) documentation, environmental impact analysis and mitigation. Failure to do so will result in postponement of any mnstruction and/or modMcatlon of If❑ facilities until such time as the environmental documentation is amended and environmental impacts are fully mitigated. Any mitigation necessary as a result of the construction, relocation and/or upgrade of IID facilities is the responsibility of the project proponent. 12. Dividing a project into two or more pieces and evaluating each piece in a separate environmental document (Piecemealing or Segmenting), rather than evaluating the whole of the project in one environmental document, is explicitly forbidden by CEQA, because dividing a project into a number of pieces would allow a Lead Agency to rninimi7e the apparent environmental impacts of a project by evaluating individual pieces separately, each of which may have a less -than -significant impact on the environment, but which together may result in a significant impact. Segmenting a project may also hinder developing comprehensive mitigation strategies. In general. if an activity or facility is necessary for the operation of a protect, or necessary to achieve the project objectives, or a rcasonobIy forc3ccablo consequence of approving the project, then it should be considered an integral project component that should be analyzed within the environmental analysis. The project description should include ail project components, including those that will have to be approved by responsible agencies_ The State CEQA Guidelines define 7-b City of La Quinta Initial Study Response to Comments Page 25 August 2024 334 Nicole Criste May 29, 2924 Page 4 a project under CEQA as "the whole of the action" that may result either directly or indirectly in physical changes to the environment. This broad definition is intended to provide the maximum protection of the environment. CEQA case law has established general principles on project segmentation for different project types. Far a project requiring construction of offsite infrastructure, the offsite infrastructure must be included in the project description. San Joaquin RaptorlWildlife Rescue Center v. County of Stanisfaus (1994) 27 Ca1.App. 4th 713. 13.To address the project impacts to the electrical utility (I.e., the I I D electrical grid), considered under the environrnental factor "Utilities and Services" of the Environmental Checkilstllntial Study, and determine if the project would require Or result in the relocation or construction of new or expan dad electric power facilities, the construction or relocation of which could cause significant environmental effects; a circuit study/distribution impact study, facility study, and/or system impact study must be performed, and clearly wasn't. 14.Applic.ant should be advised that landscaping can be dangerous if items are planted too close to 110's electrical equipment. In the event of an outage, or equipment failure, it is vital that IID personnel have immediate and safe access to its equipment to make the needed repairs. For public safety, and that of the electrical workers, it is important to adhere to standards that limit landscaping around electrical facilities. 110 landscaping guidelines are available at https:ilwww.iid.com/eneraYlvegetation-management. 7-b 7-r 7-d Should you have any questions, please do not hesitate to contact me at (760) 482-3809 7-e ar at d varg asg ild,com. Thank you for the opportunIly to oomment on this rnalter. Res tfully, ! Wald Varg s Compliance Administr JR—C As&ay - Generei Manager Mike Pm -hem - Manger. Waur UiYL ►hOlnew M 5ftWser Mainagef, EM 4Y Oapt. PaLA Rodriguez - Dep,Ay Mgr. Energy Npr. C]W'illCrrn,� Uamz;i "r. or Oi4triNtkdn $rues. 41 6fOW Ovft.. fftmy Vept Geaif Hul6naak - General Courmal Michael P. KerTM - SApenntentlenl Germml. Fl¢,ei SeNices arm ". t Fmviron. CompllaroB Laura Cerxen6aa. - Swervisior, Real E59Hw City of La Quinta Initial Study Response to Comments Page 26 August 2024 335 Imperial Irrigation District Comments and Responses Comment 7-a• On May 14, 2024, the Imperial Irrigation District received from the City of La Quinta Design & Development Department, a request for agency comments on the Notice of Intent to adopt a Mitigated Negative Declaration for the Jefferson Square Specific Plan Amendment No. 3. The applicant is proposing Specific Plan Amendment No. 3 to allow commercial retail (Option 1) or mixed -use development (Option 2) within the Specific Plan area. SPA No. 3 divides the Specific Plan area into two Planning Areas. PAI is the northern portion of the site that is currently developed with commercial retail, and PA2 is the southern portion of the site that is currently undeveloped. Option I would allow PAI and PA2 to remain commercial retail, and Option 2 would allow the development of up to 95 residential units within PA2. Concurrently, the project applicant seeks approval of a Site Development Permit 2022-0015 and Tentative Tract Map No. 38604. SDP 2022-0015 proposes an 89-unit multifamily project in PA2, and TTM No. 38604 proposes to subdivide the PA2 site into three lots. The project site is located at the southwest corner of Jefferson Street and Fred Waring Drive. The IID has reviewed the project information and has the following comments: Response 7-a: The City thanks the Imperial Irrigation District (IID) for participating in the review of the IS/MND. In this comment, IID introduces the intent of their comment letter and summarizes the project. The comment did not raise any questions or concerns with the IS/MND; therefore, no further response is warranted. Comment 7-b: 1. Based on the preliminary information provided to IID, the district can accommodate the power requirement for the project with a new underground backbone line extension (conduit and cable) from circuit N921 with existing circuit reconfigurations and/or upgrades to existing PMH Switch No. 1196915 located northeast side of Miles Avenue and Jefferson Street to existing PMH Switch No. 1060701 located along the west side of Jefferson Street before Independence Way. 2. IID will not begin any studies to provide electrical service to a project and determine a final cost until the applicant submits a customer project application (available for download at the website htW:Ilwww.iid.com/homelshowdocument?id=12923 and detailed loading information, panel sizes, project schedule and estimated in-service date. Applicant shall bear all costs associated with providing electrical service to the project, including but not limited to the construction of new distribution overhead and/or underground backbones, line extensions, upgrades or reconfigurations, which based on current 2024 IID rates, are estimated to be $400, 000 (subject to change without notice); as well as the costs of any other related upgrades and applicable permits, zoning changes, landscaping (if required by the City) and rights -of -way and easements. 3. It is important to note that once a final study is developed based on the customer's application and loading calculations, the results will allow IID to perform an accurate City of La Quinta Initial Study Response to Comments Page 27 August 2024 336 assessment and provide a full report of any potential impacts and mitigation measures. The conditions of service could change as a result of the study. 4. The district's ability to provide service from existing infrastructure is based on current available capacity, which may be impacted by future development in the area. The projects must progress toward completion as IID is unable to hold system capacity to the detriment of other customers. 5. Underground infrastructure that includes trenching, with new 4-6" conduits, pull boxes, switch boxes and pads should be installed by the applicant following HD approved plans and within the public utility easement or a dedicated easement, if applicable. Physical field installation of underground infrastructures should be verified and approved by an HD inspector prior to cable installation per HD Developer's Guide (httD:Ilwww.iid.com/homelshowdocument?id=14229). 6. Line extensions to serve the project will be made in accordance with HD Regulations: No.2 (http://www.iid.com/home/showdocument?id=2540), No. 13 (http://www.iid.com/home/showdocument?id=2553), No. 15 (http://www.iid.com/home/showdocument?id=2555) 7. For additional information regarding electrical service for the projects, the applicant should be advised to contact the HD Energy — La Quinta Division Customer Operations, 81-600 Avenue 58 La Quinta, CA 92253, at (760) 398-5841 and speak with the project development planner assigned to the area. 8. It is important to note that HD's policy is to extend its electrical facilities only to those projects that have obtained the approval of a city or county planning commission and such other governmental authority or decision -making body having jurisdiction over said projects. 9. The applicant will be required to provide rights of ways and easements for any proposed power line extensions and/or any other infrastructure needed to serve the project as well as the necessary access to allow the continued operation and maintenance of any IID facilities located on adjoining properties. 10. Any construction or operation on HD property or within its existing and proposed right of way or easements including but not limited to: surface improvements such as proposed new streets, driveways, parking lots, landscape; and all water, sewer, storm water, or any other above ground or underground utilities; will require an encroachment permit, or encroachment agreement (depending on the circumstances). A copy of the HD encroachment agreement permit application and instructions for its completion are available at http://Www.iid.com/about-iid/department-directory/real-estate. The HD Real Estate Section should be contacted at (760) 339-9239 for additional information regarding encroachment permits or agreements. City of La Quinta Initial Study Response to Comments Page 28 August 2024 337 11. Any new, relocated, modified or reconstructed HD facilities required for and by the projects (which can include but is not limited to electrical utility substations, electrical transmission and distribution lines; the acquisition and dedication of real property, rights of way and/or easements for the siting and construction of electrical utility substations, electrical transmission and/or distribution lines and ancillary facilities associated with the conveyance of energy service, etc.) need to be included as part of the project's California Environmental Quality Act (CEQA) and/or National Environmental Policy Act (NEPA) documentation, environmental impact analysis and mitigation. Failure to do so will result in postponement of any construction and/or modification of HD facilities until such time as the environmental documentation is amended and environmental impacts are fully mitigated. Any mitigation necessary as a result of the construction, relocation and/or upgrade of HD facilities is the responsibility of the project proponent. 12. Dividing a project into two or more pieces and evaluating each piece in a separate environmental document (Piecemealing or Segmenting), rather than evaluating the whole of the project in one environmental document, is explicitly forbidden by CEQA, because dividing a project into a number of pieces would allow a Lead Agency to minimize the apparent environmental impacts of a project by evaluating individual pieces separately, each of which may have a less -than -significant impact on the environment, but which together may result in a significant impact. Segmenting a project may also hinder developing comprehensive mitigation strategies. In general, if any activity or facility is necessary for the operation of a project, or necessary to achieve the project objectives, or a reasonably foreseeable consequence of approving the project, then it should be considered an integral consequence of approving the project, then it should be considered an integral project component that should be analyzed within the environmental analysis. The project description should include all project components, including those that will have to be approved by responsible agencies. The State CEQA Guidelines define a project under CEQA as "the whole of the action " that may result either directly or indirectly in physical changes to the environment. This broad definition is intended to provide the maximum protection of the environment. CEQA case law has established general principles on project segmentation for different project types. For a project requiring construction of offsite infrastructure, the offsite infrastructure must be included in the project description. San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App. 4th 713. Response 7-b: In this comment, IID states that the project shall provide new underground backbone line extension and/or upgrade existing switches in order for the district to accommodate the power requirement for the project and details their requirements for the provision of power. The project applicant is required to submit a customer project application in order for III) to begin a study to provide electrical service to a project. The comment does not raise CEQA concerns, and only addresses the utility's requirements. No further response is warranted. Comment 7-c: City of La Quinta Initial Study Response to Comments Page 29 August 2024 338 13. To address the project impacts to the electrical utility (i.e., the HD electrical grid), consider under the environmental factor "Utilities and Services " of the Environmental Checklist/Initial Study, and determine if the project would require or result in the relocation or construction of new or expanded electric power facilities, the construction or relocation of which could cause significant environmental effects; a circuit study/distribution impact study, facility study, and/or system impact study must be performed, and clearly wasn't. Response 7-c: The Energy section of the IS/MND, at page 50, determined the likely electricity consumption from operation of the project and analyzed whether the project would exceed IID's projected consumption. The IS/MND concluded that the project would account for approximately 0.015 percent of IID's demand in 2031. The City will require the applicant to consult with and receive approval from IID at the time of development. Comment 7-d: 14. Applicant should be advised that landscaping can be dangerous if items are planted too close to IID's electrical equipment. In the event of an outage, or equipment failure, it is vital that HD personnel have immediate and safe access to its equipment to make the needed repairs. For public safety, and that of the electrical workers, it is important to adhere to standards that limit landscaping around electrical facilities. HD landscaping guidelines are available at http://www.iid.com/energy/vegetation-management. Response 7-d: The project shall comply with the guidelines so that landscaping is not planted too close to IID's equipment, and IID personnel have immediate and safe access to its equipment. Comment 7-e• Should you have any questions, please do not hesitate to contact me at (760) 482-3609 or at dvar aass(c iid.com. Thank you for the opportunity to comment on this matter. Response 7-e: In this comment, IID concludes their letter. No further comment is required. City of La Quinta Initial Study Response to Comments Page 30 August 2024 339 Letter 8 — Riverside County Flood Control COMMENT LETTER NC_ 8 4 I 4lX I Y .1 1 ' i I'h4A11ff��r t r 8 �h {�SrAvaR�$ City of La Quinta 79495 Calle Tampico La Quinta, CA 92253 Attention: Nicole Criste RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT May 29, 2024 1995 NL RKF.T STREET RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX wwcv_rcflaudorg 256426 Re: SP 22-0002, Amendment to SP 2002-062, SDP 2022-0015, TTM 2022-0003, (TR 38604) APNs 604-521-013 and 604-521-014 The Riverside County Flood Control and Water Conservation District (District) does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check City land use cases or provide State Division of Real Estate letters or other flood hazard reports for such cases_ District commentsfrecommendations for such cases are normally limited to items of specific interest to the _ District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District's review is based on the above -referenced project transmittal, received May 9, 2024_ The District has not reviewed the proposed project in detail, and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue: M This project would not be impacted by District Master Drainage Plana facilities, nor are other facilities of regional interest proposed_ The project is located within Coachella Valley Water District's (C.'VWD) jurisdiction. CVWD is the responsible agency to review and comment on regional flood control drainage systems within their jurisdiction limits. ❑ This project involves District proposed Master Drainage Plan facilities, namely, The District will accept ownership of such facilities on written request by the City_ The Project Applicant shall enter into a cooperative agreement establishing the terms and conditions of inspection, operation, 8_b and maintenance with the District and any other maintenance partners. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance_ Plan check, inspection, and administrative fees will be required_ All regulatory permits (and all documents pertaining thereto, e.g., Habitat Mitigation and Monitoring Plans, Conservation PlanslEasements) that are to be secured by the Applicant for both facility construction and maintenance shall be submitted to the District for review_ The regulatory permits' terms and conditions shall be approved by the District prior to improvement plan approval, neap recordation, or finalization of the regulatory permits_ There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(tes) to protect public health and safety. ❑ This project proposes channels, storm drains larger than 36 inches in diameter, or other facilities that could be considered regional in nature anWor a logical extension a District's facility, and the District would consider accepting ownership of such facilities on written request by the City_ The Project Applicant shall enter into a cooperative agreement establishing the terms and conditions of inspection, City of La Quinta Page 31 Initial Study Response to Comments August 2024 340 City of La Quinta - 2 - May 29, 2024 Re: SP 22-0002. Amendment to SP 2002.062, SDP 2022-0015, TTM 2D22-0003, 256426 [fR 39604) AI Ns 604-521-013 and 604-521-014 operation_ and maintenance with the District and any other maintenance partners. Facilities must be constructed to District standards. and District plan check and inspection will be required for District acceptance_ Plan check, inspection,_ and administrative fees will be required_ The regulatory permits' terms and conditions shall be approved by the District prior to improvement plan approval_ map recordation, or finalization of the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(ies) to protect public health and safety_ ❑ An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities, namely, If a proposed storm drain connection exceeds the hydraulic performance of the existing drainage facilities, mitigation will be required. For further information: contact the District's Encroachment Permit Section at 95 1.955.1266. ❑ The Districts previous comments are still valid. GENEFL I. L%TFORN- IATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation, or other final appra ml should not be given until the City has determined that the project has been granted a permit or is sho%%m to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped floodplain_ then the City should require the applicant to provide all studies, calculations, plans, and other information required to meet FEA requirements; and should fiutber require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading_ recordation. or other final approval of the project and a Letter of Map Revision (LOMR) prior to occupancy_ The project proponent shall bear the responsibilityfor complying with all applicable mitigation measures defined in the California Environmental Quality Act (CEQA) document (i_e., Negative Declaration, Mitigated Negative Declaration, Environmental Impact Report) andlor Mitigation Monitoring and Reporting Program, if a CEQA document was prepared for the project. The project proponent shall also bear the responsibility for complying with all other federal, state. and local environmental rules and regulations that may apply. If a nanual watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Wildlife and a Clean'Vater Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements_ A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, am� ?&&Ax AMY MC NE.II LL Engineering Project Manager EM:b1j :r 8-r- City of La Quinta Initial Study Response to Comments Page 32 August 2024 341 Riverside County Flood Control Comments and Responses Comment 8-a• The Riverside County Flood Control and Water Conservation District (District) does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check City land use cases or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. Response 8-a: The City thanks the Riverside County Flood Control District (RCFC) for participating in the review of the IS/MND. The comment did not raise any questions or concerns with the IS/MND; therefore, no further response is warranted. Comment 8-b: The District's review is based on the above -referenced project transmittal, received May 9, 2024. The District has not reviewed the proposed project in detail, and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue: Ox This project would not be impacted by the District Master Drainage Plan facilities, nor are other facilities of regional interest proposed. O This project involves District proposed Master Drainage Plan facilities, namely, . The District will accept ownership of such facilities on written request by the City. The Project Applicant shall enter into a cooperative agreement establishing the terms and conditions of inspection, operation, and maintenance with the District and any other maintenance partners. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection, and administrative fees will be required. All regulatory permits (and all documents pertaining thereto, e.g., Habitat Mitigation and Monitoring Plans, Conservation Plans/Easements) that are to be secured by the Applicant for both facility construction and maintenance shall be submitted to the District for review. The regulatory permits' terms and conditions shall be approved by the District prior to improvement plan approval, map recordation, or finalization of the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(ies) to protect public health and safety. O This project proposes channels, storm drains larger than 36 inches in diameter, or other facilities that could be considered regional in nature and/or a logical extension a District's facility, the District would consider accepting ownership of such facilities on written request by the City. The Project Applicant shall enter into a cooperative agreement establishing the terms and conditions of inspection, operation, and maintenance with the District and any other maintenance partners. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection, and administrative fees will be required. The regulatory permits' terms and conditions shall be City of La Quinta Initial Study Response to Comments Page 33 August 2024 342 approved by the District prior to improvement plan approval, map recordation, or finalization of the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(ies) to protect public health and safety. a An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities, namely, . If a proposed storm drain connection exceeds the hydraulic performance of the existing drainage facilities, mitigation will be required. For further information, contact the District's Encroachment Permit section at 951.955.1266. a The Districts previous comments are still valid. Response 8-b: Comment noted. The City acknowledges that the project would not be impacted by the District Master Drainage Plan facilities, nor are other facilities of regional interest proposed. This comment does not raise environmental concerns and no further response is required. Comment 8-c• GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation, or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped floodplain, then the City should require the applicant to provide all studies, calculations, plans, and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation, or other final approval of the project and a Letter of Map Revision (LOMR) prior to occupancy. The project proponent shall bear the responsibility for complying with all applicable mitigation measures defined in the California Environmental Quality Act (CEQA) document (i.e., Negative Declaration, Mitigated Negative Declaration, Environmental Impact Report) and/or Mitigation Monitoring and Reporting Program, if a CEQA document was prepared for the project. The project proponent shall also bear the responsibility for complying with all other federal, state, and local environmental rules and regulations that may apply. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Wildlife and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Response 8-c: City of La Quinta Initial Study Response to Comments Page 34 August 2024 343 The project proponent is required, as a condition of the City's project approval to implement and comply with all NPDES requirements. The City agrees that the project proponent is required to comply with all applicable federal, state, and local environmental rules and regulations. Compliance with waste discharge requirements will be achieved through compliance with the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities. This is stated on page 77 and 78 if the IS/MND. Specifically, the IS/MND states, at page 78: "In summary, during construction and operation, project implementation will require plan - based compliance with CWA, NPDES, and local regulations to prevent impacts to water quality standards and the beneficial uses assigned to local receiving waters. In summary, during construction and operation, project implementation will require compliance with CWA, NPDES, and local regulations to prevent impacts to water quality standards and the beneficial uses assigned to local receiving waters. Following City engineering review and approval, the stormwater capture and management strategy for on- and off -site runoff will avoid waste discharge violations through the use of existing retention facilities. Regarding groundwater quality, the project would not introduce new land use conditions conflicting with or otherwise degrading ground water quality and resource management. The existing and approved water quality devices installed in the storm drain system (hydrodynamic separators and drywell) will continue to adequately serve the SP, entire plaza and tributary street frontage as a pre-treatment for stormwater runoff prior to on -site infiltration. Less than significant impacts are expected." The project site is not mapped as a Special Flood Hazard Area and less than significant impacts are anticipated pertaining to flood hazards and any of the necessary flood control measures are addressed by the Drainage Master Plan. With the implementation of on- and off -site flood control infrastructure, less than significant impacts are anticipated relating to flood hazards. City of La Quinta Initial Study Response to Comments Page 35 August 2024 344 Letter 9 — Riverside County Regional Park and Open -Space District (RivCoParks) COMMENT LETTER NO. 9 Wednesday. May 25. 2024 at 14:19.-32 Pacific daylight Urne Subject: ISN ND - Specific Plan 2022-0OQ2, Site r}eveLopmertt Permit 2022-U l5 and Tentative Tfact Map 2a22-33604 Date: Wednesday, May 29, 2024 at 2.1624PM Pacific D@yUght Timu FFOfn: Ramos,Lynaa To: uonseltingplannefC�Laquintaca.gov Attachments: imageGGl.png,image002.pnp, Goad afternoon Nicole, The Riverside County Regional Park and Open -Space District received you notice of intent to adopt an IS\MND for the aforementioned project. The project site is entirely within the City of La Quinta and not near or adjacent to any 9-a of our backbone trails or regional parks; therefore, we do not have any comments for this project. Lynda Ramos I Senior Park Planner I Planning lfamos@q cp.org J 0: (951)955-1396 RivCoParks (Riverside County Regional Park and OperrSpace District) 4600 CreArnore Road, J urupa Valley, CA 92509 www_RWoPartrs_ a rg 4MyCoParks I Facelboo I Twitter I Uptvming Events Con.identiality Disclaimer This email is conf[dentiaLand intended snlelgfor the we of the individuals] to whom it i5 addressEd. Theinformatio : contained in Usme5sage may beprisrleged and confidential and protected From discLosure. If you are not the author's intended recipient. be mMsedthat you have received this email in error and that any use, di;seminadoA farvarding, printing, arcapying ofthis emaLLis surittly prohibited. IF you here received tWs email in ermr please delete all copies, bothelemvnic and printed, and mmtart the author i=L Lately. Cpurrty of Riverside Ca Iffornia 1 Of 1 City of La Quinta Initial Study Response to Comments Page 36 August 2024 345 RivCoParks Comments and Responses Comment 9-a• The Riverside County Regional Park and Open -Space District received your notice of intent to adopt an ISWND for the aforementioned project. The project site is entirely within the City of La Quinta and not near or adjacent to any of our backbone trails or regional parks; therefore, we do not have any comments for this project. Response 9-a: The City thanks RivCoParks for participating in the review of the IS/MND. RivCoParks does not have any comments for the project. Thus, no further response is warranted. City of La Quinta Initial Study Response to Comments Page 37 August 2024 346 Letter 10 — Twenty -Nine Palms Band of Mission Indians COMMENT LETTER NO. 10 TWENTY-- WE PALMS BAND OF MISSION INDIANS d6-200 Harman Place_ Coachella, C4. 92236. Ph. 760.863.2444_ Fax_ 760.863.2449 July 3, 2024 Nicole Criste City of La Quinta 78495 CaIle Tarnpicc La Quinta, CA 92253 RE: Jefferson Square Specific Plan Amendment Dear Ms. Criste, This letter is in regards to- an informal consultation and in compliance with CECiA and Jefferson Square Specific Plan Amendment. The proposed project is a specific plan amendment (SPA) for the Jefferson Square Specific Plan (SP 2002-062) area located on the southwest corner of Jefferson Street and Fred Waring Drive in La Quinta_ The Jefferson Square Specrf c Plan and Arne ndments (5PIA Na. 1 and SPA No.2) were approved in 2004 2006 and 2008. Currently, the northern portion of the site is developed with commercial retail uses. SPA No. 2 allows development of commercial retail uses th ro ughout th e Jefferson Square Specific Plan area. After reviewing the proposed project, the Twenty -Nine Palms Rand of Mission Indians has determined: The project is outside of the known Chemehuevi Traditional Llse Area. The other tribes who do have cultural affiliation with the project area should be contacted. If you have any questions, please do not hesitate to contact the TribaI Historic Preservation Office at �760) 775-3259 cr by email at Christopher.Nicosia@29paimsbami-nsn.gov. Sincerely, Christopher Nicosia Cultural Resources Manager, Twenty -Nine Palms Rand of Mission Indians City of La Quinta Initial Study Response to Comments Page 38 August 2024 347 Twenty -Nine Palms Band of Mission Indians Comments and Responses Comment 10-a: This letter is in regards to an informal consultation and in compliance with CEQA and Jefferson Square Specific Plan Amendment. The proposed project is a specific plan amendment (SPA) for the Jefferson Square Specific Plan (SP 2002-062) area located on the southwest corner of Jefferson Street and Fred Waring Drive in LaQuinta. The Jefferson Square Specific Plan and Amendments (SPA No. I and SPA N6.2) were approved in 2004 2006 and 2008. Currently, the northern portion of the site is developed with commercial retail uses. SPA No. 2 allows development of commercial retail uses throughout the Jefferson Square Specific Plan area. After reviewing the proposed project, the Twenty -Nine Palms Band of Mission Indians has determined: The project is outside of the known Chemehuevi Traditional Use Area. The other tribes who do have cultural affiliation with the project area should be contacted. If you have any questions, please do not hesitate to contact the Tribal Historic Preservation Office at (760) 775-3259 or by email at Christopher.Nicosia@29palmsbomi-nsn.gov. Response 10-a: The City thanks the Twenty -Nine Palms Band of Mission Indians for participating in the review of the IS/MND. As described in Response 8-c, the Initial Study requires Tribal Monitoring, and the City will assure that resources are protected. City of La Quinta Page 39 Initial Study Response to Comments August 2024 348 Resolution No. 2024-XXX EXHIBIT B Environmental Assessment 2022-0012 Adopted: December 3, 2024 Jefferson Square Flora Residential Project Table 1 Jefferson Square Multi -Family Development Miti ation and Monito ing Program Section Mitigation Measures Responsible for Monitoring Timing Impact after Mitigation IV. BIO-1: To ensure compliance with California Fish and Game Code and Biological the MBTA and to avoid potential impacts to nesting birds, vegetation Resources removal activities should be conducted outside the general bird nesting season (January 15 through August 31). Any vegetation removal and/or Planning construction activities that occur during the nesting season will require Department that all vegetation be thoroughly surveyed for the presence of nesting birds Prior to earth Less than by a qualified biologist. Prior to commencement of clearing, a qualified Qualified moving significant biologist shall conduct preconstruction surveys within 14 days. If any Biologist activities active nests are detected a buffer of 300 feet (500 feet for raptors) around the nest adjacent to construction will be delineated, flagged, and avoided until the nesting cycle is complete. The buffer may be modified and/or other recommendations proposed as determined appropriate by the biologist to minimize impacts. V. Cultural CUL-1: The presence of a qualified archaeologist and Tribal monitor Resources shall be required during all project related ground disturbing activities at and around the reinterred resource site. If disturbances to that location — Planning and potentially to the depth of eight feet — cannot be avoided, the applicant Department shall work with the Cabazon Band of Mission Indians regarding the possibility of moving the cremation remains to a different portion of the Qualified During grading project area, and shall demonstrate to the City in writing that this Archaeologist and other agreement has been executed and undertaken to the Tribe's satisfaction. Developer ground Less than The project applicant shall record a permanent 10-foot by 10-foot disturbing significant easement at the reinterred site at the southwest corner of the project, in Approved favor of the Cabazon Band of Mission Indians concurrent with recordation Native activities of the Parcel Map. American In the event that potentially significant archaeological materials are Monitor discovered, all work must be halted in the vicinity of the archaeological Developer discovery until the archaeologist can assess the significance of the find, and its potential eligibility for listing in the California Register of City of La Quinta Initial Study Mitigation and Monitoring Program Page 1 August 2024 349 Jefferson Square Flora Residential Project Section Mitigation Measures Responsible for Monitoring Timing Impact after Mitigation Historical Resources (CRHC). Should buried cultural deposits be encountered, the monitor may request that destructive construction halt in the vicinity of the deposits, and the monitor shall notify a qualified archaeologist (Secretary of the Interior's Standards and Guidelines), within 24 hours, to investigate. Additional consultation with the tribes may be required. VII. GEO-1: Overexcavation and Recompaction — Building and Foundation Geology and Areas Soils To reduce post -construction soil movement and provide uniform support for the buildings and other foundations, overexcavation and recomposition within the proposed building footprint areas should be performed to a minimum depth of at least twelve (12) inches below existing grades. The actual depth of the overexcavation and recompaction should be determined by the geotechnical field experts during Planning construction. The exposed subgrade at the base of the overexcavation Department should then be scarified, moisture -conditioned as necessary, and compacted. The overexcavation and recompaction should also extend laterally five feet (5') beyond edges of the proposed footing or building Project Soil During Less than limits. Any undocumented fill encountered during grading should be Engineer construction significant removed and replaced with Engineered Fill. This will apply to Buildings 1, 4, 5, and 6. For Buildings 2 and 3, recommendations presented in the Project Geotechnical Engineering Investigation should be followed. Construction Overexcavation and Recompaction — Proposed Parking Areas Contractor To reduce post -construction soil movement and provide uniform support for the proposed parking and drive areas, overexcavation and recompaction of the near surface soil in the proposed parking area should be performed to a minimum depth of at least twelve (12) inches below existing grades or proposed subgrade, whichever is deeper. The actual depth of the overexcavation and recompaction should also extend laterally at least three 3 feet beyond edges of the proposed paving limits or to the City of La Quinta Initial Study Mitigation and Monitoring Program Page 2 August 2024 350 Jefferson Square Flora Residential Project Section Mitigation Measures Responsible for Monitoring Timing Impact after Mitigation property boundary. Any undocumented fill encountered during grading should be removed and replaced with Engineered Fill. Any buried structures encountered during construction should be properly removed and the resulting excavations backfilled with Engineered Fill, compacted to a minimum of 95 percent of the maximum dry density based on ASTM Test Method D1557. Excavations, depressions, or soft and pliant areas extending below planned finished subgrade levels should be cleaned to firm, undisturbed soils and backfilled with Engineered Fill. Concrete footings should be removed to an equivalent depth of at least 3 feet below proposed footing elevations or as recommended by the Soils Engineer. Any other buried structures encountered, should be removed in accordance with the recommendations of the Soils Engineer. The resulting excavations should be backfilled with Engineered Fill. A representative from a professional geotechnical firm should be present during all site clearing and grading operations to test and observe earthwork construction. This testing and observation is an integral part of the service as acceptance of earthwork construction is dependent upon compaction of the material and the stability of the material. The soils engineer may reject any material that does not meet compaction and stabilityre uirements. GEO-2: During grading and construction of the site, the project shall use Planning the upper organic -free, on -site, native soils to backfill or replace removed Department soil. Should the project require imported soil and fill material, it should be tested to ensure any contaminants of concern are within DTSC's and U.S. Environmental Protection Agency (USEPA) Regional Screen Levels Project Soil During grading Less than (RSLs) for the intended land use. To minimize the possibility of Engineer and construction significant introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, Project sampling be conducted to ensure that the imported soil and fill material Construction meets screening levels outlined in the PEA for the intended land use. The Contractor soil sam ling should include analysis based on the source of the fill and City of La Quinta Initial Study Mitigation and Monitoring Program Page 3 August 2024 351 Jefferson Square Flora Residential Project Section Mitigation Measures Responsible for Timing Impact after Monitoring Mitigation knowledge of the prior land use. Additional information can be found by visiting DTSC's Human and Ecological Risk Office (HERO)webpage. XIII. Noise Planning Department N0I-1: The project construction contractor shall equip all construction During Less than equipment, fixed or mobile, with properly operating and maintained noise Project construction significant mufflers, consistent with manufacturer's standards. Construction Contractor Planning Department N0I-2: The project construction contractor shall locate staging areas During Less than away from off -site sensitive uses during project development. Project construction significant Construction Contractor Planning Department N0I-3: The project construction contractor shall place all stationary During Less than construction equipment so that emitted noise is directed away from Project construction significant sensitive receptors nearest the project site whenever feasible. Construction Contractor N0I-4: Once final plans are available to detail the exterior wall Planning construction and a window manufacturer has been chosen, a Final Department Acoustical Report (FAR) shall be submitted to the City to demonstrate the Once final plans Less than reduction capability of the exterior facades and to identify any specific are available significant upgrades necessary to achieve an interior noise level of 45 dBA CNEL or Project below. Applicant N0I-5: Should the commercial retail development plan be picked for PA2, the project proponent shall include prohibition on deliveries to Planning Prior to Less than Shops 1, Shops 2 and Pad C during the hours of 9 p.m. to 8 a.m. in the Department occupancy of significant project CC&Rs shall be submitted to the City Attorneys office for review buildings and approval prior to issuance of building permits. City of La Quinta Initial Study Mitigation and Monitoring Program Page 4 August 2024 352 Jefferson Square Flora Residential Project Section Mitigation Measures Responsible for Timing Impact after Monitoring Mitigation Project Applicant Planning NOI-6: The use of heavy equipment is prohibited within 15 feet of Department Prior to issuance Less than existing commercial structures, unless the provisions of NOI-7 are first of demolition or significant implemented. Project grading permits Applicant NOI-7: If heavy equipment is necessary within 15 feet of existing structure the following actions shall be implemented prior to issuance of grading permits : o Identify structures that could be affected by ground -borne vibration and would be located within 15 feet of where heavy construction equipment would be used. This task shall be conducted by a qualified structural engineer as approved by the City's Director of Community Development or designee. o Develop a vibration monitoring and construction contingency plan for approval by the City's Director of Community Planning Development, or designee, to identify structures where Department Prior to issuance monitoring would be conducted; set up a vibration monitoring of demolition or Less than schedule; define structure -specific vibration limits; and address significant the need to conduct photo, elevation, and crack surveys to Project grading permits document before and after construction conditions. Construction Applicant contingencies would be identified for when vibration levels approached the limits. o At a minimum, monitor vibration during initial demolition activities. Monitoring results may indicate the need for more intensive measurements if vibration levels approach the 0.2 PPV (in/sec) threshold. o When vibration levels approach the 0.2 PPV (in/sec) limit, suspend construction and implement contingencies as identified in the approved vibration monitoring and construction City of La Quinta Initial Study Mitigation and Monitoring Program Page 5 August 2024 353 Jefferson Square Flora Residential Project Section Mitigation Measures Responsible for Timing Impact after Monitoring Mitigation contingency plan to either lower vibration levels or secure the affected structures. City of La Quinta Initial Study Mitigation and Monitoring Program Page 6 August 2024 354 RESOLUTION NO. 2024 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT TO ALLOW EITHER COMMERCIAL OR MULTI -FAMILY RESIDENTIAL ON THE SOUTH HALF OF THE JEFFERSON SQUARE SHOPPING CENTER, 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 2022-0015 APPLICANT: FLORA LA QUINTA LLC PROJECT: JEFFERSON SQUARE SPECIFIC PLAN AMENDMENT NO. 3 WHEREAS, the City Council of the City of La Quinta, California did, on December 3, 2024, hold a duly noticed Public Hearing to consider a request by Flora La Quinta LLC, for a Specific Plan Amendment to allow either commercial or multi -family residential on the south half of the Jefferson Square Shopping Center, 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, more commonly described as: APNs 604-521-013 and 604-521-014 WHEREAS, the City Council of the City of La Quinta, California, did, on November 19, 2024, previously hold a duly noticed Public Hearing to consider adoption of a Mitigated Negative Declaration and approval of said Specific Plan Amendment, Tentative Tract Map and Site Development Permit; and WHEREAS, upon hearing and considering all testimony and arguments, the City Council did continue the public hearing until December 3, 2024 to have more time to consider concerns of the neighboring residents regarding privacy, traffic, and parking; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on October 30, 2024, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of 355 Resolution No. 2024 — XXX Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 2 of 6 the site and emailed or mailed to all interested parties who have requested notification relating to the project on November 8, 2024; and WHEREAS, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2024-014 recommending the City Council approve a Specific Plan Amendment to allow either commercial or multi -family residential on the south half of the Jefferson Square Shopping Center, 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 at a duly noticed Public Hearing on October 8, 2024; and WHEREAS, said Specific Plan Amendment, Tentative Tract Map and Site Development Permit have complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 1983- 63). The City prepared an Initial Study/Mitigated Negative Declaration and found that the impacts of the proposed project could be mitigated to less than significant levels. The City Council has adopted Resolution No. 2024- approving said Mitigated Negative Declaration; and Specific Plan 2022-0004 Amendment No. 3 to the Jefferson Square Specific Plan (SP 2002-062) WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following mandatory findings contained in Section 9.240.010 of the Municipal Code to justify approval of said Specific Plan Amendment [Exhibit A]: The proposed Specific Plan Amendment is consistent with the General Plan insofar as the project implements the Mixed Use Overlay to allow horizontal mixed use development consisting of residential and commercial retail development on the site. 2. Approval of the Specific Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare, as development already occurs within this Specific Plan, and the development of either commercial or residential development on the site will be consistent with the urbanized nature of the area in which it is located. 3. Specific Plan 2002-062, Amendment No. 3 is compatible with zoning on surrounding properties, which allows residential uses and commercial retail development. 356 Resolution No. 2024 — XXX Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 3 of 6 4. Specific Plan 2002-062, Amendment No. 3, is suitable and appropriate for the subject property, as the site is flat, already developed with parking areas and drive aisles, commercial development on its north half, and a functioning stormwater system. Tentative Tract Map 2022-0003 (TTM 38604) WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings contained in Section 13.12.130 of the Municipal Code to justify approval of said Tentative Tract Map: 1. The Tentative Tract Map is consistent with the General Plan insofar as the project implements the Mixed Use Overlay to allow horizontal mixed use development consisting of residential and commercial retail development on the site and is consistent with the Specific Plan as amended. 2. The design and improvement of the Tentative Tract Map for condominium purposes are consistent with the General Plan with the implementation of recommended conditions of approval. 3. The design of the Tentative Tract Map is not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The Initial Study/Mitigated Negative Declaration prepared for the project (EA 2022-0012) found that although the project could have significant impacts relating to biological and cultural resources, geology, and noise, mitigation measures included in the Initial Study/Mitigated Negative Declaration will reduce those impacts to less than significant levels. 4. The design of the Tentative Tract Map is not likely to cause serious public health problems insofar as the map will be required to comply with all laws, standards, and requirements associated with sanitary sewer collection, water quality, and other public health issues. 5. The design and improvements required for the Tentative Tract Map will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All roadway improvements and easements have been previously dedicated with the original development of the shopping center on the site. 6. The proposed Tentative Tract Map is consistent with all applicable provisions of 357 Resolution No. 2024 — XXX Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 4 of 6 Title 13 of the City's Subdivision Regulations Code, minimum lot area requirements, and other applicable provisions of Title 9 of the City's Zoning Code and the Subdivision Map Act. 7. The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. Site Development Permit 2022-0015 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings contained in Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: The proposed development is consistent with the General Plan land use designation of General Commercial with a Mixed Use Overlay, which provides for a full range of commercial uses and horizontal or vertical mixed uses, including residential and retail commercial uses. The project is consistent with the following General Plan goals and policies: a. Goals LU-6 and ED-1 as it will contribute to a balanced and varied economic base that provides fiscal stability to the City, and a broad range of goods and services to its residents and the region. b. Goal LU-7 and Policy LU-7.1 and LU-7.4, which encourage mixed use development and provide incentives for mixed use projects. C. Policy SC-1.7, which encourages the redevelopment of existing projects with efficient design principles. 2. The proposed development, as conditioned, is consistent with the purpose and intent of the Neighborhood Commercial zone with the Mixed Use Overlay as well as the development standards of the City's Zoning Code and Jefferson Square Specific Plan, as amended. The project creates a horizontal mixed use neighborhood that brings residents within walking distance of commercial services. 3. The Design and Development Department prepared Environmental Assessment (EA) 2022-0012 in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Department has determined that the project's impacts can be mitigated to less than significant levels. 358 Resolution No. 2024 — XXX Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 5 of 6 4. The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 5. The site design of the project including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening and setbacks to adjacent properties, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 6. Project landscaping, including, but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, and screen undesirable views. The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the Zoning Code and Jefferson Square Specific Plan, as amended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. That the above project be determined by the City Council to be consistent with the Initial Study/Mitigated Negative Declaration prepared for the project (EA 2022-0012). SECTION 3. That the City Council hereby does approve Specific Plan 2022-0004 (SP 2002-062 Amendment 3), Tentative Tract Map 2022-0003 (TTM 38604), and Site Development Permit 2022-0015 for the 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 La Quinta City Council held on December 3, 2024, by the following vote: 359 Resolution No. 2024 — XXX Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 6 of 6 AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Clerk City of La Quinta, California 360 Resolution No. 2024-XXX Specific Plan 2022-0004 (SP 2002-062 Amendment 3) Adopted: December 3, 2024 EXHIBIT A Jefferson Square Specific Plan 2002-062 Amendment No. 3 Adopted XX X, 2024 The City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Applicant Beacon Realty 69-930 CA Hwy I 11, Ste 203 Rancho Mirage, CA 92270 Design Team goUrban Development Aero Collective — Architect DRC, Inc. — Civil Engineer LandStudio 360 - Landscape Architect 361 Specific Plan Jefferson Square Jefferson Square Amended Specific Plan Prepared for: Beacon Realty 69-930 CA Hwy I 1 1, Ste 203 Rancho Mirage, CA 92270 Prepared By: goUrban Development 24444 Hawthorne Blvd. STE 109C Torrance, CA 90505 May 2024 Previously Approved Versions Approved Specific Plan - January 20, 2004 Amended Specific Plan - June 2005 Amended Specific Plan - May 2008 May 2024 2 362 Specific Plan Jefferson Square TABLE OF CONTENTS I. INTRODUCTION................................................................................................................................ 6 A. AUTHORITY AND SCOPE.............................................................................................................6 B. PURPOSE AND INTENT.................................................................................................................6 C. DOCUMENT ORGANIZATION....................................................................................................6 D. PROJECT LOCATION.....................................................................................................................7 E. LAND USE AND ZONING...........................................................................................................10 F. PROJECT HISTORY.......................................................................................................................10 G. PROJECT OVERVIEW....................................................................................................................16 H. PROJECT ENTITLEMENTS............................................................................................................16 II. PROJECT SETTING............................................................................................................................18 A. LAND USE AND ZONING...........................................................................................................18 B. EXISTING SITE CHARACTERISTICS............................................................................................18 C. SURROUNDING LAND USE........................................................................................................19 III. PROJECT MASTER PLANS................................................................................................................21 A. CONCEPTUAL SITE PLAN...........................................................................................................21 B. PA2 AMENITY PLAN.....................................................................................................................26 C. PHASING PLAN............................................................................................................................. 27 D. CIRCULATION PLAN...................................................................................................................28 E. GRADING PLAN............................................................................................................................31 F. DRAINAGE PLAN..........................................................................................................................31 G. SEWER PLAN................................................................................................................................. 31 H. WATER PLAN................................................................................................................................ 37 I. OTHER UTILITY PLANS................................................................................................................37 IV. LAND USE & DEVELOPMENT REGULATIONS...............................................................................38 A. PA LAND USE & DEVELOPMENT REGULATIONS...................................................................38 May 2024 3 363 Specific Plan Jefferson Square B. PA2 LAND USE & DEVELOPMENT REGULATIONS...................................................................40 V. DESIGN GUIDELINES........................................................................................................................43 A. RETAIL ARCHITECTURAL GUIDELINES (PAI AND PA2).........................................................43 B. RESIDENTIAL ARCHITECTURAL GUIDELINES (PA2)................................................................51 C. SITE SIGN GUIDELINES.................................................................................................................61 D. SITE LIGHTING GUIDELINES.......................................................................................................61 E. SITE LANDSCAPE..........................................................................................................................61 VI. OPERATIONAL GUIDELINES...........................................................................................................69 A. HOURS OF OPERATION..............................................................................................................69 B. TRANSPORTATION DEMAND MANAGEMENT.......................................................................69 C. MAINTENANCE.............................................................................................................................69 VII. PLAN ADMINISTRATION AND IMPLEMENTATION.....................................................................70 A. ADMINISTRATION........................................................................................................................70 B. IMPLEMENTATION.......................................................................................................................71 May 2024 4 364 Specific Plan Jefferson Square LIST OF FIGURES FIGURE I: REGIONAL LOCATION MAP.................................................................................................................8 FIGURE 2: VICINITY MAP..............................................................................................................................................9 FIGURE 3: GENERAL PLAN LAND USE DESIGNATION..................................................................................10 FIGURE 4: ZONING MAP DESIGNATION............................................................................................................10 FIGURE 5: AMENDMENT NO. 2 SITE PLAN (FOR REFERENCE PURPOSES).............................................12 FIGURE 6: SITE AERIAL VIEW ON DECEMBER 31, 2005, SOURCE GOOGLE EARTH ...........................13 FIGURE 7: SITE AERIAL VIEW ON JUNE 23, 2011, SOURCE GOOGLE EARTH........................................14 FIGURE 8: SITE AERIAL VIEW ON JUNE 06, 2021, SOURCE GOOGLE EARTH........................................14 FIGURE 9: 2022 SITE CONDITIONS........................................................................................................................15 FIGURE 10: SURROUNDING DEVELOPMENTS...................................................................................................20 FIGURE 1 1: CONCEPTUAL SITE PLAN...................................................................................................................22 FIGURE 12: CONCEPTUAL SITE PLAN - COMMERCIAL RETAIL..................................................................25 FIGURE 13: CIRCULATION PLAN............................................................................................................................30 FIGURE 14: CONCEPTUAL GRADING PLAN......................................................................................................33 FIGURE 15: PA2 CONCEPTUAL GRADING AND DRAINAGE PLAN..........................................................34 FIGURE 16: CONCEPTUAL SEWER AND WATER PLAN................................................................................35 FIGURE 17: PA2 CONCEPTUAL SEWER AND WATER PLAN.......................................................................36 FIGURE 18: EXAMPLE OF INLINE RETAIL.............................................................................................................47 FIGURE 19: EXAMPLE OF RETAIL SHOP BUILDING..........................................................................................48 FIGURE 20: EXAMPLE OF CORNER ANCHOR BUILDING.............................................................................49 FIGURE 21: EXAMPLE OF RETAIL PAD BUILDING............................................................................................50 FIGURE 22: EXAMPLE OF 3-STORY MULTIFAMILY BUILDING......................................................................55 FIGURE 23: EXAMPLE OF 3-STORY TOWNHOME BUILDING......................................................................57 FIGURE 24: EXAMPLE OF 2- & 3-STORY TOWNHOME BUILDING.............................................................59 FIGURE 25: EXAMPLE OF 2-STORY TOWNHOME BUILDING......................................................................60 FIGURE 26: CONCEPTUAL LANDSCAPE PLAN - COMMERCIAL.................................................................65 FIGURE 27: CONCEPTUAL LANDSCAPE PLAN — MULTIFAMILY.................................................................66 LIST OF TABLES TABLE 1: JEFFERSON SQUARE SPECIFIC PLAN PARCEL AREAS AND LAND USE.................................13 TABLE 2: SPECIFIC PLAN AND SURROUNDING LAND USE AND ZONING DESIGNATIONS ........ 19 TABLE 3: EXISTING RETAIL LAND USE SUMMARY — PLANNING AREA I...............................................23 TABLE 4: MULTIFAMILY LAND USE SUMMARY — PLANNING AREA 2......................................................24 TABLE 5: RETAIL LAND USE SUMMARY - PLANNING AREA 2.....................................................................24 TABLE 6: NONRESIDENTIAL DEVELOPMENT STANDARDS.........................................................................38 TABLE 7: PA2 MULTIFAMILY DEVELOPMENT STANDARDS..........................................................................40 APPENDICES APPENDIX A: CONSISTENCY ANALYSIS.............................................................................................................72 May 2024 5 365 Specific Plan Jefferson Square I. INTRODUCTION A. AUTHORITY AND SCOPE Section 65450 of the California Government Code grants local planning agencies the authority to prepare a specific plan of development or specific plan amendment over a given piece of property. The Jefferson Square Specific Plan ("Specific Plan") is consistent with this authority and is developed in accordance with the City of La Quinta (the "City") Zoning Code, Chapter 9.240: Specific Plans. To approve the Specific Plan, City Council must make findings required by the City Zoning Code, Chapter 9.240: Specific Plans. B. PURPOSE AND INTENT The City approved the Jefferson Square Specific Plan 2002-062 in 2004, followed by Amendment No. I in 2005 and finally Amendment No. 2 in 2008. Amendment No. 3 has been prepared to address the land use issues associated with future development of the Specific Plan area in sufficient detail to ensure that the Specific Plan area develops in a manner which is consistent with the General Plan; protects public health, safety, and general welfare; is compatible with zoning on adjacent properties; and is suitable and appropriate for the subject property. Ultimately the project seeks to provide the surrounding community with high quality and convenient commercial retail as well as multifamily housing opportunities. In both text and illustration, this document depicts the character and configuration of the various components comprising the Specific Plan and establishes a foundation document that will govern further development of the site. In this way, the Specific Plan will serve to implement the City of La Quinta General Plan by specifying appropriate land uses, intensity of use, and development standards which are consistent with General Plan goals, objectives, and policies. The Specific Plan is a flexible document, which allows minor modifications to accommodate minor changes to floor areas, tenant uses, or residential development standards, as described in Section VII. In cases where the zoning and development regulation is nonspecific within this document, the City's Zoning Ordinance will apply. Amendment No. 3 supersedes all prior Specific Plan documents, including Specific Plan 2002-062, Amendment No. I and Amendment No. 2. C. DOCUMENT ORGANIZATION Amendment No. 3 is organized into seven sections. • Section I provides a regulatory context for the project and an overview of key project elements. • Section II provides a context for project planning and design by briefly describing the project's existing setting in terms of regulatory land use designations and surrounding land uses. • Section III presents the primary master plan components of the Specific Plan. • Section IV describes the development standards to which the project must adhere. • Section V contains design guidelines with respect to landscaping and architecture to ensure that the project is of a high quality and is well integrated into the community's character. • Section VI discusses key operational guidelines for the project. • Section VII outlines plan administration and implementation procedures. May 2024 6 366 Specific Plan Jefferson Square D. PROJECT LOCATION From a regional perspective, the Specific Plan area is located in the Coachella Valley within the City of La Quinta as shown in Figure I: Regional Location Map. As shown in Figure 2: Vicinity Map, the Specific Plan area is located at the southwest corner of Fred Waring Drive and Jefferson Street. The project site is bounded by a residential development to the north; a commercial retail center within the City of Indio to the east; a well site, City park area, and retention basin to the west; and single-family residential along the southern boundary of the site. Amendment No. 3 divides the Specific Plan area into two planning areas, (i) Planning Area I ("PA I") and (ii) Planning Area 2 ("PA2") as illustrated in Figure 2: Vicinity Map. PA includes 5.17 acres of the northern portion of the Specific Plan area and is currently occupied by five retail buildings varying in size and totaling approximately 39,000 square feet (sq. ft.). Any future development in PA I may require a subsequent Specific Plan Amendment, Site Development Permit (SDP) or Conditional Use Permit (CUP) subject to the PA I Land Use & Development Regulations outlined in Section IV A. PA2 includes 5.10 acres in the southern portion of the Specific Plan area and except for completed roadway and parking improvements, remains undeveloped. PA2 improvements include a driveway along Jefferson Street, parking lot areas, stormwater management system, utility infrastructure, landscape improvements, and two pads. This Specific Plan Amendment would allow either multi -family or commercial development to occur in the future. May 2024 7 367 Specific Plan Palm Springs G7B t Cathedral Citv Sky Malley Coachella Valley Preserve Jefferson Square L Specific Plan Location i Palm Desert India Coachella 1 La Quinta 4 � Thermal Figure I: Regional Location Map May 2024 8 368 Specific Plan a, m P c 3 s. r Dr Fred Waring Or Amalfi Dr A eq6 6 -11.1Ge YY �r S Porkv3Y E90003dV S Fred Waring pr Fred 4 A y i � 4 i"a W - � 3 `m 5 U y wolx p Ln 4 m m n' .1 d_ Iris C! m N h � a rail May 2024 Mom P,1 a 8 Y mente'rol Pi �i O 7 IndepPddwae VI ay M ovis Ave $Avrtts Aye a 7 Declaration Ct � O _ Figure 2: Vicinity Map 9 Jefferson Square Igre[ness �1efi 09Ye'' ��rb�-08evvecn Os o_ 3 Specific Plan Area 4 Fred Waring Or � Fred Waring Dr Fred Waring Dr F N A of {h'ariroon+�r �4 5L kn; 369 Specific Plan Jefferson Square E. LAND USE AND ZONING As shown in Figure 3: General Plan Land Use Designation, the 2035 General Plan Land Use Element designates the Specific Plan area as CG General Commercial. Fred Waring Dr. ti ,k PL 1: Planning Area 1 PL 2: Planning Area 2 PL 1 1 PL 2 Diaider: . Jefferson Square Specific ........ 40 Plan Boundary m Parcel Boundary Line 8 CG General Commercial � Land Use Designation PL 2 ........................................ Figure 3: General Plan Land Use Designation PL 1: Planning Area 1 PL 2; Planning Area,? PL 1 1 PL2 Divider, --. Jetferson Square Specific ........ Plan Boundary Parcel Boundary Line CN Neighborhood Ci4mrrrerCial Zoning Dislricl Figure 4: Zoning Map Designation As shown in Figure 4: Zoning Map Designation, the City Zoning Map designates the Specific Plan area as CN Neighborhood Commercial. The Specific Plan area is subject to the MU Mixed Use Overlay District Regulations as introduced in the 2035 General Plan and noted in the City's Zoning Map. The MU Overlay District Regulations apply to all commercial zoning districts. F. PROJECT HISTORY May 2024 10 370 Specific Plan Jefferson Square The City approved the Jefferson Square Specific Plan 2002-062 in January 2004. In its initial form, the Specific Plan proposed a 113,173 sq. ft. commercial retail center on a 10.7-acre site. In November 2005, Amendment No. I was approved to alter the site plan and reduce the proposed commercial retail square footage to 100,731 sq. ft. In May 2008, Amendment No. 2 was approved whereby the site plan was again altered and the proposed commercial retail square footage was once again reduced to 90,441 sq. ft. Concurrent with Amendment No. 2, the Planning Commission approved SDP 2007-898. A copy of the Amendment No. 2 site plan is provided as Figure 5: Amendment No. 2 Site Plan, for reference purposes. Construction of the Specific Plan area began in 2008. By 2009, four retail buildings were constructed in PA I totaling approximately 38,000 sq. ft. Constructed retail buildings include those buildings identified in Figure 5 as Drug, Shops 2, Shops 3, and Fresh & Easy (note: to streamline the Specific Plan naming convention, all existing PA I buildings have been renamed as depicted in Figure 11). Onsite and offsite horizontal improvements were also constructed throughout the entire Specific Plan area (PAI and PA2), including three certified pads (one on PA and two on PA2) identified in Figure 5 as Pad A, Shops I, and Major, parking lots, driveways, stormwater management system, utility infrastructure, landscape improvements, and public sidewalks and parkways. In 2013, Parcel Map No. 36241 was approved and recorded, whereby the Specific Plan area was subdivided into seven legal parcels. Street and landscape dedications were included with Parcel Map No. 36241 which reduced the Specific Plan area from 10.79 to 10.27 acres. A summary of the subdivision is presented as Table I: Jefferson Square Specific Plan Parcel Areas and Land Use. In 2020, the Planning Commission approved SDP 2020-0002, which allowed the development of a drive -through coffee use (Dutch Bros Coffee Shop) on the pad formerly identified as Pad A. The drive -through coffee use has since been constructed and is operational as of 2023. As of August 2023, the formerly identified Major and Shops I pads remain vacant and undeveloped. Figures 6, 7, and 8 provide historical aerials of the Specific Plan area that illustrate the site in 2005, 2011, and 2021. Figure 9 depicts the Specific Plan area conditions as of 2022. May 2024 11 371 Specific Plan Jefferson Square I I I I r LOADING ADJACENT F?ECREATIONAL PARK 1.Ahla El RETENT€ON AREA Q DAY PORI EIi—, LOARNG ❑ le � O FRESH SH� I k z MAJOR S OP 2 58 a 7.000 s I I 42.540 SF 4, 00 F & EASY p .I 1 3,92� SF a a +I II ADJACENT RESIDENTIAL ® p I + + I I NYIAL PROPERTIES G 6Q44�--,�u Boa q I II RECYCLE — CENTER ® m 1 1 •� I s � a'rn a a a io[ t=� I � I e l le I eCz=Cv _ I I � I HOPS 1 4' j DRUG �•*ca 1 . 23 a 44 I 1 i B I I PAD A a I a 41500 SF I a LANDAR] o.o RETENTIONARdEA�,:.=J i 43 1 8,1 80 SF [42 AC) ae ■ 14 I I U l — u 1 � I — — DECELERA710N LANE — — Lp if LFT4]REGfI-Y —— — — — — — — — _. _ MONUMENT _—`-------------------------JE---- -- --- --- I I I i 1,fifli+ II II Figure 5: Amendment No. 2 Site Plan (for reference purposes) May 2024 12 372 Specific Plan Jefferson Square Table 1: Jefferson Square Specific Plan Parcel Areas and Land Use Parcel # APN Acreage Building Area Parcel 1 604-521-007 1.47 13.01K Parcel 2 604-521-009 0.81 6.7K Parcel 3 604-521-010 1.86 14.01K Parcel 4 604-521-01 1 0.58 0.9K Parcel 604-521-012 0.45 4.3K Parcel 6 604-521-013 4.09 0 Parcel 7 604-521-014 1.01 0 Total 10.27 38.9K Land Use Retail (Pharmacy) Retail Retail Food (drive thru coffee) Retail Vacant Vacant Figure 6: Site Aerial View on December 31, 2005, Source Google Earth May 2024 13 373 Specific Plan Jefferson Square Figure 7: Site Aerial View on June 23, 201 I, Source Google Earth Figure 8: Site Aerial View on June 06, 2021, Source Google Earth May 2024 14 374 Specific Plan Jefferson Square 6 I e xtu nrr I I — L — — — — — — — — — — — — J o - - - - - - - - - - — - - - - - - - - -3mmT AMERSW ran Figure 9: 2022 Site Conditions u I I ROM [L&W �� •Mum•, rar I ter, 5.1QI [CA• � r TYli A:N1f p' .O! /fib FRWS +bi 3 mr una�a w �.�eow•c k@TAAIM nw� x roar�sa+ care a w sro� w.. w�wr SI i(xll� 9f! lrrly uwµ( R RIPi dR29WF Lr Ki IY lelni NYeni R I w e�ic�w rr nor n<r LK, L19M I �orwr.:,t :. elweav exs — — � Aicri rem �ruw; +oor�nr a ALTd NSn LAND TITLE SURVEY )EMrffSON SQUARE r LA OUfNTA, CALIFORNIA I I I I I 116RC77, niiru ar G i An a x-d 6 P May 2024 15 375 Specific Plan Jefferson Square G. PROJECT OVERVIEW Since the approval of Amendment No. 2 in 2008, the retail industry has shifted considerably. Following the Great Recession of 2008, many once powerful retailers have filed for bankruptcy, including Fresh & Easy and Osh Hardware, two retailers that were slated to occupy the Specific Plan area. With the evolution of technology over the past 10 years, consumers have transitioned to online shopping and spend less time in brick -and -mortar stores. The Coronavirus Pandemic of 2020 further exacerbated this trend and has led to a substantial increase in retail vacancy throughout Southern California. Meanwhile, housing shortages continue to grow. In 2012, Southern California Association of Governments (SCAG) adopted the 5th Cycle Regional Housing Needs Assessment (RHNA) for the planning period of October 2013 to October 2021 and in 2021, the agency adopted the 6`h Cycle RHNA for the planning period of October 2021 to October 2029. La Quinta RHNA allocations for the respective planning periods are 364 dwelling units and 1,530 dwelling units, or an anticipated housing demand increase of 320%. While Amendment No. 2 limited the Specific Plan area to commercial uses, Amendment No. 3 allows the Specific Plan area to be developed as a horizontally mixed -use project. Horizontal Mixed -Use is envisioned in the Specific Plan area as retail uses located in PA I and higher density residential in PA2. The catalyst for this change is the Mixed -Use Overlay District Regulations, which apply to all commercially zoned properties in the City. H. PROJECT ENTITLEMENTS Approval/certification of the following actions will be required to implement the Project: Specific Plan Amendment No. 3: This document includes the land use and development standards, design guidelines, infrastructure needs and implementation strategies to fully implement the allowed uses of the Specific Plan. The Specific Plan requires separate public hearings before the Planning Commission and City Council. The Specific Plan shall be approved by City Council and adopted by resolution. Mitigated Negative Declaration: Pursuant to State and local CEQA guidelines, an Initial Study (IS) was prepared for Amendment No. 3 and determined that development pursuant to Amendment No. 3 could result in environmental impacts. The initial study identified specific mitigation measures that would mitigate any potential impacts resulting from implementation of development to a less than significant level. Consequently, a Mitigated Negative Declaration has been prepared for Amendment No. 3. Site Development Permit: An SDP is required by the City for final approval of a site plan, architectural design, and landscape design. The SDP requires a public hearing before the Planning Commission. The Community Development Director shall have the authority to approve minor adjustments to the SDP plan, so long as they determine such adjustments are consistent with the Specific Plan. Tentative Tract Map: If required, a Tentative Tract Map shall be reviewed by the Planning Commission, with their recommendation, and ultimately reviewed by the City Council for a final determination. May 2024 16 376 Specific Plan Jefferson Square Final Tract Maps, Grading Plans, Landscape Plans and Building Permits: Recordation of the final tract map(s) and approval of final landscape plans, issuance of grading and building permits, as needed, shall be obtained, for each building, as required by the City. May 2024 17 377 Specific Plan Jefferson Square II. PROJECT SETTING A. LAND USE AND ZONING The Specific Plan area's land use and zoning designations are CG General Commercial and CN Neighborhood Commercial, respectively. The Specific Plan area is also subject to the MU Mixed Use Overlay District. The 2035 General Plan Land Use Element describes CG General Commercial uses as: "The full range of commercial uses can occur within this designation, ranging from supermarkets and drugstores in a neighborhood shopping center, to major national retailers in large buildings. General Commercial uses also include professional offices, service businesses, restaurants, hotels or motels, research and development and warehousing or similar low impact quasi -industrial projects. As established in Policy LU- 7. I, mixed use development is also appropriate in this designation. Mixed use project can include vertical mixed use — where retail/office occurs on the ground floor, with residential units above; horizontal mixed use — where retail/office and higher density residential occur next to each other and are integrated through pedestrian connections and common areas; or mixed use added to existing commercial development — where the residential project abuts or wraps around an existing commercial development." The City Zoning Code states that the purpose and intent of the CN Neighborhood Commercial Zone is: "To provide for the development and regulation of small-scale commercial areas located at the intersections of arterial highways as shown on the General Plan. The CN district is intended to provide for the sale of food, drugs, sundries, and personal services to meet the daily needs of a neighborhood area." Finally, the City Zoning Code states that the purpose and intent of the MU Mixed Use Overlay is: "to facilitate the development of mixed -use projects that include both multifamily residential and commercial components in a cohesively designed and constructed manner. The mixed -use overlay district will contribute to vehicle trip and associated air pollutant reductions by locating residents near services, employment, and transportation hubs, and by providing interconnected multi -purpose paths for alternative modes of transportation." The proposed site plan, design standards, and allowable uses of the Specific Plan are consistent with the City's Land Use, Zoning, and Mixed -Use Overlay District Regulations. A detailed General Plan consistency analysis is provided as Appendix A. B. EXISTING SITE CHARACTERISTICS Existing site characteristics are shown in Figure 9: 2022 Site Conditions. The subject property has been subdivided into seven legal parcels (Parcels I through 7) varying in size from 0.45 acres to 4.09 acres as listed in Table I. Vertical improvements have been developed in PA (Parcels I through 5) and horizontal improvements have been constructed throughout the entire Specific Plan area (PAI and PA2). Constructed site improvements include parking lots, driveways, stormwater retention systems, utility infrastructure, and landscape improvements. PA2 (Parcel 6 and 7) remain vacant with pads ready for vertical improvements. Offsite improvements include a traffic signal at the northeast corner of the Specific Plan area at the intersection of Fred Waring Drive and Jefferson Street, curb, gutter, public sidewalk and landscape improvements along the full lengths of Fred Waring Drive and Jefferson Street, and a deceleration lane on Jefferson Street. The Specific Plan area is also bordered by 6-foot-high masonry walls on the southern and western boundaries. May 2024 18 378 Specific Plan Jefferson Square C. SURROUNDING LAND USE Table 2: Specific Plan and Surrounding Land Use and Zoning Designations lists the Specific Plan area's surrounding land uses and zoning designations. Figure 10: Surrounding Developments illustrates existing uses surrounding the Specific Plan area. The Specific Plan area is bordered on the north by Fred Waring Drive, which is a six -lane primary arterial roadway with a 120-foot- wide right-of-way. The Esplanade single-family residential subdivision is located directly across Fred Waring Drive, north of the Specific Plan area. The Specific Plan area is bordered on the east by Jefferson Street, a major arterial with a 120-foot-wide right-of-way. Property to the east of Jefferson Street is within the City of Indio's jurisdictional boundaries and has been developed as a retail center. The Heritage Palms Golf Resort is located across Jefferson Street to the southeast. Land use immediately west of the Specific Plan area includes a well site, City park, and a retention basin associated with the developed residential subdivision (Monticello) further to the west. The rear yards of approximately seven single-family residences of the Monticello neighborhood exist along the southern boundary of the site. These homes are separated from the Specific Plan area by an elevated berm and a six -foot -high masonry block wall. Table 2: Specific Plan and Surrounding Land Use and Zoning Designations Area Land Use Designation Zoning Designation Specific Plan area CG General Commercial CN Neighborhood Commercial North LDR Low Density Residential RL Low Density Residential South LDR Low Density Residential East City of Indio / Neighborhood Center West OS-R Open Space Recreation / MC Major Community Facilities RL Low Density Residential City of Indio / Neighborhood Center PR Parks and Recreation / MC Major Community Facilities May 2024 19 379 Specific Plan Jefferson Square Single Family ResideritW 3 � J FnW YirMig x fry'rajing Or died Wm2q F�.: -k i• �. Vie II ; t site h oppi ng S r NlonE edlo -Center Park Retention Basi n Si rig le Fan?ily Residenti al Single Family Flasidontial Figure 10: Surrounding Developments May 2024 20 380 Specific Plan Jefferson Square III. PROJECT MASTER PLANS A. CONCEPTUAL SITE PLANS Amendment No. 3 allows for either (i) a mixed -use development plan or (ii) a commercial retail development plan. Both development scenarios are further described below. It should be noted, the plans described in this Specific Plan are intended as examples of acceptable projects, however a final development plan and any subsequent plan alterations shall be subject to the approval of an SDP. Mixed -Use Development Plan Figure 1 I: Conceptual Site Plan — Mixed Use Development illustrates a mixed -use development plan that could result from the approval of Amendment No. 3. In this plan, PA I would continue to serve as a commercial retail center and PA2 could be developed with up to 95 multifamily units. Multifamily unit types could include apartments, townhomes, condominiums or a combination thereof. Planning Area I — Mixed -Use Development Plan PA I is built out with approximately 39,000 sq. ft. of building area. PA I consists of five commercial buildings referenced as RETAIL I, 2, 3, 4, and 5 throughout the remainder of this document. PA shall continue to serve as a neighborhood commercial center which is currently occupied by CVS Pharmacy, Dutch Bros Coffee and an assortment of other retail and service -oriented shops. The currently developed areas of PA I include 176 parking spaces, which exceeds the required parking for existing uses by 46 spaces. Should additional commercial space be proposed for PAI, it will be required to demonstrate conformance with the parking requirements of this Specific Plan (see Table 5). A summary of the existing PA I building areas and retail uses is provided in Table 3: Retail Land Use Summary — Planning Area 1. May 2024 21 381 Specific Plan Jefferson Square PLANNING AREA 2 PLANNING AREA I �� -- RETAIL 2 i RES 1 h ' :... :.. RETAIL 5 RETAIL 3 + � a 7T .1. z _.—.- ^ . X 0 -- v _ - -- m RES 2 RES 5 RES 4 t:..z5. ,p R£53 RETAIL 7 - R l l RES 6 ---- ilk 0 LLLL1= FEE ^ ^ T JEFFERSON STREET z Figure 1 1: Conceptual Site Plan — Mixed Use Development May 2024 22 382 Specific Plan Jefferson Square Table 3: Existing Retail Land Use Summary — Planning Area Parcel Site Area Building Building Building UseNumber Floor Area # (sq. ft.) Reference Area of Stories Ratio(') Drug Store 1 63,903 RETAIL 1 13,013 (Anchor) with 1 0.20 Drive Thru 2 35,414 RETAIL 2 7,000 Retail Shops and 1 0.20 Restaurant 3 80,978 RETAIL 3 13,969 Retail 1 0.17 4 25,047 RETAIL 4 852 Coffee Shop 1 0.03 with Drive Thru 5 19,646 RETAIL 5 4,500 Retail Shops and 1 0.23 Restaurant Total 224,987 39,334 0.17 (1) Land use and building size may be modified, and/or reduced or enlarged in the future. However, the maximum FAR of 0.25 will not be exceeded within the Planning Area, or at any individual lot. The maximum commercial square footage allowed in PA I is 56,300 square feet. Planning Area 2 - Mixed -Use Development Plan The City of La Quinta Municipal Code Section 9.140.090 MU Overlay allows a residential unit density of 12 to 24 units per acre. Amendment No. 3 contemplates up to 95 residential units in PA2, which equates to 18.6 units per acre. Figure I I - Conceptual Site Plan — Mixed Use Development illustrates how 95 residential units could be developed within PA2. In this plan, RES I is shown as a three-story slab -on -grade apartment building with 77 one-, two -and three -bedroom flats. RES 2, RES 3, RES 5, and RES 6 buildings are attached townhome buildings offering three-story, three -bedroom units. The RES 4 building is an attached townhome building consisting of two-story and three-story, three - bedroom units. A summary of the mixed -use plan illustrated by Figure I I is provided in Table 4: Multifamily Land Use Summary — Planning Area 2. Primary access to PA2 would be taken from the existing southernmost Jefferson Street driveway. Pedestrian walkways would connect PAI and PA2 to encourage walkability and reduce vehicle miles travelled. PA2 residents would have access to common area recreational facilities such as a pool, spa, gym, recreational room, co -office space, outdoor plaza, tot -lot, community garden and walking trail. A resident park access point is proposed north of RES I to provide pedestrian access to Monticello Park (see Figure 13: Circulation Plan). PA2 multifamily amenities are discussed further in Section III.B. May 2024 23 383 Specific Plan Jefferson Square Table 4: Multifamily Land Use Summary — Planning Area 2 Building # Dwelling Unit Building Use Number of Count Stories RES 1 77 Multifamily / Apartments 3 RES 2 5 Multifamily / Townhomes 3 RES 3 5 Multifamily / Townhomes 3 RES 4 4 Multifamily / Townhomes 2/3 RES 5 2 Multifamily / Townhomes 2 RES 6 2 Multifamily / Townhomes 2 Total 95 Density 18.6 units /ac PA 2 Alternative - Commercial Retail Development Plan If the residential development is not developed, Figure 12: Conceptual Site Plan — Commercial Retail Development illustrates a commercial retail development alternative that could result from the approval of Amendment No. 3. In this plan, PA I and PA2 would serve as a commercial retail center as contemplated in Amendment No. 2. PA2 would consist of a 42,500 square foot retail building(s) on Parcel 6 and a 5,000 square foot retail building on Parcel 7 as summarized in Table 5 below. Table 5: Retail Land Use Summary - Planning Area 2 Parcel Site Area Building Building Use �,� Number Floor Area # (sq. ft.) Area �,) of Stories Ratio(') 6 178,160 42,500 Commercial Retail 1 0.24 Building 7 43,996 5,000 Retail Shops and 1 0.11 Restaurant May 2024 24 384 Specific Plan Jefferson Square ,I R 51te Plan AMENDED 321.00 Figure 12: Conceptual Site Plan - Commercial Retail Development May 2024 25 385 Specific Plan Jefferson Square B. PA2 AMENITY PLAN The following amenity plan details approved features for a PA2 multifamily project. Within this section, various options are presented, offering flexibility for integration into any multifamily plan. The carefully chosen amenities listed below aim to meet the diverse needs and preference of prospective residents. Selections should align with the needs and desires of the target residents with the intent of creating a vibrant and comfortable community environment. Alternative project amenities may be provided on -site with approval from the Director of Design and Development or designee. At a minimum, three outdoor and two indoor amenities should be provided for a PA2 multifamily project. Outdoor Amenities: I. Swimming Pool: • Swimming pool with designated areas for lounging. 2. Spa Area: • Spa/jacuzzi with therapeutic jets for relaxation. 3. BBQ and Picnic Area: • BBQ station(s) with grills and picnic tables for gatherings. • Landscaped seating areas and umbrellas for a pleasant outdoor dining experience. 4. Gathering Space: • Tables and seating area. • Recreational area including yard games such as table tennis and cornhole. 5. Center Plaza: • Serves as a focal point for connectivity between PA I and PA2. • Dining tables and chairs with umbrellas and lounge chairs. 6. Playground and Recreation Area: • Outdoor spaces for children to play and for residents to engage in recreational activities. • Examples include tot -lots, basketball courts, tennis courts, and bocce ball courts. 7. Green Space: • Landscaped area, garden, or pocket park that would contribute to a healthier and more aesthetically pleasing environment. 8. Jogging Trail: • Decomposed granite paved jogging trail along open landscaped area in the southwest corner. May 2024 26 386 Specific Plan Jefferson Square 9. Dog Park: • Secure dog play area. 10. Monticello Public Park Access: • Direct access to Monticello public park from the multifamily community. Indoor Amenities: 1. Lobby Area: • Welcoming lobby with furnishings. • Concierge desk for resident services and security. • Comfortable seating areas for residents and guests. • Mail and package room with secured storage. 2. Community Room: • A multi -purpose community room that serves as a hub for various events, workshops, and social activities. • Kitchenette for catering and food preparation. 3. Coworking Space: • Coworking area equipped with high-speed internet. • Private work pods and meeting rooms for productivity. • Printing and scanning equipment for residents' convenience. 4. Education and Learning Space: • Areas for educational programs, workshops, tutoring and learning activities. 5. Fitness Center: • On -site gym or fitness center to promote health and well-being among residents. 6. Laundry Facilities: • On -site laundry facilities for the convenience of residents. Additional Amenities: I. Community Events and Programs: • Regularly organized events and programs to encourage community engagement and interaction. 2. Bike Storage and Repair Station: • Secured bike storage for residents with bicycles. • Bike repair station with tools and air pump. C. PHASING PLAN May 2024 27 387 Specific Plan Jefferson Square PA I was developed in 2008 apart from Parcel 4, which was developed in 2021. PA2 is anticipated to be developed in one phase. Construction is anticipated to be completed in 12 to 18 months. D. CIRCULATION PLAN Circulation within a mixed -use project comprised of multifamily and retail components is crucial for creating a vibrant and interconnected environment. Effective circulation design ensures smooth movement and accessibility for residents, shoppers, and employees, optimizing the functionality and success of the development. This section explores the significance of circulation in the Specific Plan area. Below are some key considerations and strategies implemented to enhance circulation. Considerations for Circulation Design: I. Location and Separation: The multifamily and commercial components shall be separated yet interconnected through a network of walkways and vehicular drives to ensure privacy for residents while allowing easy access to retail amenities. 2. Pedestrian -Friendly Design: An emphasis shall be placed on pedestrian -friendly design principles that incorporate enhanced sidewalks and landscape, well -lit pedestrian paths, and crosswalks to enhance pedestrian safety and encourage walking within the development. 3. Traffic Flow and Parking: Any approved development plan shall account for efficient traffic flow within the project by incorporating well -designed drives and intersections with direct access to parking areas. Adequate parking facilities for both residents and retail customers shall be provided to ensure convenience and minimize congestion. 4. Entry and Exit Points: The Specific Plan area offers four vehicular entry and exit points to facilitate efficient circulation. Additionally, the Specific Plan area offers multiple pedestrian access points along Jefferson Street and Fred Waring Drive. 5. Designated Loading and Unloading Areas: The Specific Plan area strategically locates designated commercial loading and unloading areas to minimize disruption of traffic flow. Figure 13 illustrates an acceptable circulation plan which is discussed in further detail below. Vehicular Access and Circulation Vehicular access to the Specific Plan area is taken from four primary entry drives (Primary Entry Drives I through 4, Figure 13), (i) two locations along Fred Waring Drive, and (ii) two locations along Jefferson Street. Deceleration lanes are provided at the two drives on Jefferson Street, and Primary Entry Drive 3. Primary Entry Drives I and 4 provide left -in turning lanes into the site. Primary Entry Drives 2 and 3 provide restricted, right in -right out access only. There is a dedicated right turn lane for eastbound traffic using Fred Waring Drive turning south onto Jefferson Street. On Jefferson Street, the left turning lane into the project is approximately 650 feet south of the intersection with Fred Waring Drive. On Fred Waring Drive the left turning lane is approximately 540 feet west of the intersection with Jefferson Street. Fred Warning Drive and Jefferson Street are designated in the General Plan as major arterials and the intersection is signalized. Primary vehicular circulation drives serve as the backbone for vehicular circulation within the Specific Plan area. Primary vehicular circulation drives offer full site circulation throughout the May 2024 28 388 Specific Plan Jefferson Square project and direct access to parking facilities and loading areas. Drive throats are provided at ingress and egress points to allow vehicular stacking and minimize traffic congestion in the parking areas. PA I Vehicular Circulation RETAIL I (CVS Pharmacy) is accessed through a secondary drive that fronts the store's entrance. Convenient parking is located along the full extent of this secondary drive. Access to the RETAIL I drive -through lane is taken from Primary Entry Drive 3. Drive -through access is provided via two 12-foot-wide drive -through lanes located on the west side of RETAIL 1. Each lane provides enough stacking to accommodate up to seven automobiles (— 120 feet), without obstructing the accessway. RETAIL 2, 3 and 5 are accessed through Primary Entry Drives 3 and 4, which lead to convenient parking spaces that front each of the buildings. RETAIL 4 (Dutch Bros Coffee) is accessed from Primary Entry Drive 2 which leads to parking spaces that directly front the store's entrance and a double -stacked drive -through lane. Primary Entry Drive 4 serves as the primary truck access for RETAIL 3 and 5 and Primary Entry Drive 3 serves as the primary truck access for RETAIL I. An elevated loading dock is provided for RETIAL 3, and a service aisle is provided along the rear of the RETAIL I for loading purposes. Any future additions or expansions to PA I shall incorporate the Considerations for Circulation Design listed above. Additions or expansions shall ensure accessible path of travel, loading zones (as needed), and convenient parking. Additions or expansions shall ensure efficient traffic flow within the project by integrating into the existing circulation drives and intersections. There should be a direct vehicular and pedestrian path from at least one Primary Entry Drive. PA2 Vehicular Circulation Primary Entry Drive I shall serve as the primary entrance for multifamily residents and their guests. Residents shall proceed to their designated parking space(s) via the primary vehicle circulation drives. RES I residents shall park in designated spaces located along the outer perimeter of the building. RES 2 through RES 6 residents shall park in private direct access garages. Residential guests shall park in the designated residential guest parking area located east of RES 3 fronting Jefferson Street. Pedestrian Access and Circulation Pedestrian sidewalks and on -street bicycle lanes are provided along both the Fred Waring Drive and Jefferson Street frontages which serve as the pedestrian entryways for the Specific Plan area. A functional network of internal sidewalks and walkways shall be provided within the Specific Plan area. Figure 13 illustrates an example of an acceptable Pedestrian Access and Circulation Plan. The pedestrian path of travel within the Specific Plan area shall begin at each of the primary entry drives. From the primary entry drives, a network of onsite sidewalks and striped pathways shall lead pedestrians to onsite buildings. A pedestrian connection point to Monticello City Park is proposed in addition to the one currently in existence. May 2024 29 389 Specific Plan Jefferson Square Proposed Existing Monticello City Monticello City Park Connection Park Connection JEFFERSCN STREET Figure 13: Circulation Plan Sita Plan 1 May 2024 30 390 Specific Plan Jefferson Square E. GRADING PLAN The Specific Plan area was constructed in accordance with the Conceptual Grading and Drainage Plan referenced in Amendment No. 2. A copy of this plan is provided as Figure 14. Precise grading for the overall site resulted in the development of seven building pads, an above and underground retention system, and associated parking areas designed to convey surface drainage flows to appropriate catch basins on site. Minor grading and drainage adjustments would be necessary to develop PA2 as a multifamily project. Figure 15 PA2 Conceptual Grading and Drainage Plan serves as an example of an acceptable Grading and Drainage Plan. Final grading would match finished elevations of the surrounding retail parcels and would not result in significant slopes. Precise grading plans are subject to review and approval by the City according to standard engineering protocols. F. DRAINAGE PLAN The existing Specific Plan area drainage consists of direct surface runoff into several catch basins located throughout the site (see Figure 14, Amendment No. 2 Conceptual Grading & Drainage Plan). Stormwater is conveyed from individual catch basins into an underground storm drain system, and ultimately to an underground retention system located near the center of the site and two above -ground retention basins located on the west and south sides of the site. All storm water is retained on site. A multifamily development in PA2 shall be consistent with the previously approved hydrology report prepared for the Specific Plan. Tributary areas to each watershed shall be designed in such a way that substantially matches the existing condition. The characteristics and increased pervious area of a multifamily development plan would offset the effects of the reduced time of concentration and the ultimate result is discharge values close to or below existing conditions. Any proposed multifamily development in PA2 shall conform with current City of La Quinta drainage design requirements and to the previously approved hydrology report for the Jefferson Square retail center and shall provide adequate protection for the proposed on -site improvements and structures without introducing adverse effects on the neighboring developments. The project's construction contractor, in consultation with the City, shall be responsible for filing all required notices with the Regional Water Quality Control Board (RWQCB), preparing the Strom Water Pollution Prevention Plan (SWPPP), and implementing required Best Management Practices (BMPs) for future projects. G. SEWER PLAN Sewer service to the project is provided by the Coachella Valley Water District (CVWD) via an existing 10-inch sewer line within the right of way of Jefferson Street along the site's eastern property line. As shown in Figure 16, Existing Sewer and Water Plan, the Specific Plan area is serviced by two 8-inch private sewer mains. One 8-inch main runs from Jefferson Street to the front side of the RES I pad along Primary Entry Drive I. This line shall provide sewer service for any PA2 multifamily development as illustrated in Figure 17, PA2 Conceptual Multifamily Sewer and Water Plan. A second 8-inch sewer main is constructed on the northeast side of the Specific Plan area. This line extends from an existing manhole located on Jefferson Street and runs along Primary Entry Drive 2 to where it terminates in front of the RETAIL 3 building. From this point, May 2024 31 391 Specific Plan Jefferson Square the line extends north and south where retail laterals are connected to the line. Sewer laterals for the RETAIL I, 2, 3, 4, and 5 buildings are connected to this sewer main. May 2024 32 392 Specific Plan Jefferson Square �r A ROPfVI Vf PE � dPA,ER V P rq r 9 U t 0. Tal R � 6110.RY, RI.fP9� L9wTr S'n'E � — — aRrrf+r, wK rvura+.Ya• olzYvq u I i.•.r ,R:r, I dE3] fFEf. TIME 5Ww EY31'12- EM. �.9P I hi,lxnd nWULC 5u mo hw Ms�Y bu N�oF INF ,I-Yil`I dF MIN lYww — --J m%Y1.Yi RCT mrrx vnrtn —dw F m 36, rClllH -0tr3C18' REW. 1Y},¢lpf[tr, m M BEOYtrK br i itll[£Yr lEA4' Yyq./ i E. 11L, A SdP5RE91kiiLY: iNFMCE NlpiiRE51FALr A1N16 A!I ARE S 9EP C,IAAE. 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Ft1FFe�1 P1 - PROJECT Mcru IMF —r it NLRB[(t 1 - ]x 1 SHEETS MCA•- NlIPN� May 2024 34 394 Specific Plan Jefferson Square vLY:w 9]o�`YVL-mt`L�c'�""'+wl w�riE u"�ati Rs�°'rvcsw er°'iai�� I x HeLR9R'x rs � Y O.x Cry f¢�ORC �F w1aIAYSi. ; C:uihx. 3 d w�cRr LF_^MrK XCAr rwtteuAx• 4roaare �s 'rrt X]rrNl�r C01bR n ua S[!'tla e'Q ,XEI Y H-0N6 M X03'H :R'ltV! ea:[acrcYr xx Sue;X ,=m'�!' r'Elr. xt ,ur: c nrt,ee so.1. ma,•�x• �xs,. sew n� ar asnr.L1.'rnc �AVL:L.n rno nm >� sos, or x'wn.� arnox sn..�ry ��s•Ye_ isi oir�' m r�r x,�.N X�ii•� w FLU. I4 a=un�.w.oc �ELt �e5, vYC•�o• a[n, 1La;0a '¢t. >o „� rtawnc �i SY�1[1EHtt r�1p3mNe[S,fa.Y me [ w +rC 0' SW W",niReu61I . 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NWW UK Rr¢ccaL� m y 1 N M"Im m SrenK wwr Figure 16: Existing Sewer and Water Plan WATER CONSTRUCTION NOTES: Q t �[cr m msr. erte�gon,n�crcYr m �ara.c rxKn.a 1prµl ri' Dr WAIa 4a MR cm 'w,a IxsrHl C LW r{lu LnL o- IKarh1 s' 9F rnlE+ Lr.E �- IWra.I r.F gnNRryrni (CWK:10�L1 116rty„L hXl rrpcntX MAIfL &� IXran.L eean.r.Rer Accw �"?r Ik',rh_L r i W WAi 3EME W r llr7i KE c�i - Ar5SN1 : " Db IC w M LXE L'-2W �a� ai.if{ei..`~iLOXaaTM 6ErRrf wb a' tr".MM Rural Y rau[ Rts oL{Q C. ALA. O [!� Ilrsrni ulu w IX5[a1C a wean UK IXLrw1 n' vta vaea Ln4 I16rk116' 0� WA,OI [NN SEWER CONSTRUCTION NOTES: (}�4w,In,4r u� XALx.� R �;nsr.{ r• �r ulvn vAIX 'A% a�'LrN lames.. Fm s' ou,stLF ��tiuLnewsLxoeLVR. b,�lrvxr� 5 m, �L—Ul QRAPh11C 9W.F ?•i rrC.. OIPrO. M1 r ra.r May 2024 35 395 Specific Plan Jefferson Square L -, IT --------------- ------------ I i ..i I � PRELIMINARY UTILITY PLAN SWC OF JEFFERSON AVE AND FRED WARING DR. LA AUINTA, CALIFORNIA 'E%, 4ALL i �- — MPIA 111E IUDG RLIIEING '-� .• ... ._�.__� ------ PROPUSEL LOT LNFS BF &RNI➢N RR'NxER [ •� ,+ _ _ (tiIIFEA UN, [8 GSCIi&LSPI �� 'i'TT.� CF CM FACE J 55 WAIE s STAB FOR "MMOR I ryµ SLOG 1 STCM ORAN uNE t II CONECFON 1 I IILr^CJIFI I - TRASH ENa ;FE CETAL EwSf. 8" /. HEHFAN Y'A':R .: �________ _ �_ - — ss a ru LOT LRE' 1. r�s '�-J I' — — 9 TI -L nF — 3 ' SDCB �_ OR 56 j 4 i f4 I•yA - ..f.. .� T1v 91 BLDG jl ,q RF T. TR. :L F � \I F f I �.f .... `1s- m �rLOT i+•E... ...T 3 - IL r uxDLRcreouXD 1 I I '� SICRAGE E r_ .nary nT I Lx Ir �F , I `� F F• � 1``� •1ST'.- � r'--- i I .' i• 4-�L1 i�� I - PREP. LOT _TAT u-RE ;i. `f�SD'AFi� SD LIK" F— .- .�" ��A __.:. n �LD'T.4NE I — I — — — — ---------------- AIXE)ff LOT LEES CL CENTEIAII[ EUP9 HXE m C�IHDOf CLRB MD GurrER WIC DCNCREM _ EPA OF PPUDFTFF E%. EW11XG FlIISFED FLWR .. 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FOC PR]POSE9 FEINT OF DOWD70 co ❑ CAMN BaN R HOE SDFAH STWAi 7!AN WWI RIW HOT OF MY SHAHo SIXRARY � IbwH 5G FORM DPM SWM V SUIRARI SEVER [LWgNT 5DNN SFDfdO" WIARCLE 615M TC S w SEWER WHOLE C5 50 FL" PROMD EUNAMNS SID MREAm r IXBRNG DiVATLVI3 L SE%EN R95G9 TC TEP w cArm yUPE OF C0.FCE Tc TEP OF vBSTE 3YPL14 00 VIER IEIFPPB'o1NA PLfewa M NN1ER NEVER __ — .�.________�v______....... _. ... �.__ 1y'I L I -___ 2WA i t J `Z 2 1 -- - _ R 3-+ JEFFERSON STREET - .f DETAIL 'A' Figure 17: PA2 Conceptual Multifamily Sewer and Water Plan I H =K WATER APPLICANT 60 URBAN CEiELOPNENi LEGAL DESCRIPTION, im¢ AW eEA ciAs�A�03 N MLCitt CF L� IXANia. avA, CC•iss¢, N1BR�GE.MT Of O FON'iAaREOO E, {562; !e5-Spit iNA DEG THE THE CERiA, Uie c0'HFx ARCYI IAAPg 01F,CE OF � ORAER OF MO COOTY. AFH NLIYBERS: _ ROW PONE T>E LPND WM4 ON THIS SMS) tJE^. wi*E soo=�n`n"vLoao vuri aw FLOOD NSURANCE RAZE NM FR@A] - eE095Cxxlac oAlm wtllsi xQ ^.Oxfl 5-AER rA� xx,mD ELECTRIC IRFwmEm�uuFDR1u� IT80} 3Ml'158 nsm �Ea-Rae, c s ,> ces EewARr I..) uT-xxEo --E rcwzeR I—) R6racoo MILE TK W HER O,H�ION ('a60) JW-t 312 DEMOUTION NOTE& 01 —PROIECT IN P VA1HNRF TO CRP➢E (IFDI PER RAIIa o- RELad1E Ul"M my Pro To -I -I RFLO m RAG %Y, d: NC MARES LrRFN04E MUTES IRETA PFR PUN] UTLITY CONSTRUCTION NOTES: (�)--I i r M €LWESTIC N1SFR ux 51 IW C P,C FM wrS UK @-- T 8' C W r.A1FR LINE o-YTYc °MR WE o-iI4+11 8' FK STOm B 11R M o-I1L-WL 12' HBPE S1LTJ1 Dw �Hbtllf_ Y DONEIC "M IETER me moH,LCAI R.RRENIER o-Nh Ml G' DCIHE CHIN ix ,F ASSEMBLY o-H6ZYi PN N9 o-FGTML R' FIRL R,Ea1XT ASSINIICI o-Rs,A, XS 5EM M�XlE 61 iX'pY1 `.illfF CUNA]JT @—Im u 5*aRm p N WILLI 5%UCNNE NAP NP w++ EASEMElff NOTES. f LSFIExT M MUMIs NW I4ff . %N GL" CYI un N FWOR Ci 4-I THE MOW WUE) MTFR PMV.. REWRTD 4=5F Ix 20 AS MOW" & ]oOFDIX:B]B ON PAA:EE WP 3BIXI, M= NS 1-7 rl FREE tT FOR :1x@'fnE NO � Rk'tK5 MDOOM TO THE 4-I , t w WA %YE(NIC To "I MHER of T IARA *DjAb W N THE R1IRARAS109 THE NANT M WkE vMBR CXANSL-S M THIS E,.@ . AT RS 504E CC6T, RE0.TrEED CN PNR(a WR 3B24t, O E45Q,UR FAR AVER NO AIX&55 F[N RFEICFIER iA THE OTT Or UuNTA W PA1RII W 3 I. Po M5, RS 1-i [i0 H PI,CIARED 81' o W U cuMa4, F "MHRE , GE VX-alE P TAN] W MR DLHIlTR EEL C,TW Is REp.F 1mmmaz1!T"!!n, [RAPNIC SCALE- 1'=3D' z Q U V) z o U O �Y z V k Z D �- L LL � � J z a Q 3 Ca.1 N 5`J� Lu — LL LU c CL 3 IME: PREIM. DATE: 121-1/22 CHEMQED: W DNAWN DR-0 OLf! 21 77W,01 PRo1.ECT NO, 2m" - SHEET NON9ER: - OF 1 19HEiTs sr:u r- Al May 2024 36 396 Specific Plan Jefferson Square H. WATER PLAN CVWD provides water service to the Specific Plan area via an 18-inch water main located on Fred Waring Drive and a 12-inch water main located on Jefferson Street. Domestic, irrigation and fire flow water are taken from the street mains through a network of onsite pipelines consisting of 12-inch, 8-inch, and 6-inch lines. Refer to Figure 16, Conceptual Sewage and Water Plan for a detailed illustration of the existing onsite water system and existing retail laterals. Refer to Figure 17 for an illustration of a conceptual PA2 multifamily water system. OTHER UTILITY PLANS Natural Gas Natural gas service is provided to the Specific Plan area by The Gas Company, which currently maintains a 4-inch gas line within the right of way of Fred Waring Drive, at the project's northwest corner. The required extensions to facilitate service to the PA2 project would be coordinated with The Gas Company through their design review and approval process prior to the issuance of grading permits for the project. Electric Electric service is provided to the Specific Plan area by the Imperial Irrigation District (IID), which currently maintains existing aboveground 92 kV and 12.5 kV transmission lines within the right of way of Fred Waring Drive along the project's northern property line. Onsite electrical service is fed from the aboveground transmission lines to various transformers located throughout the Specific Plan area. Power is then directed to electrical meters located in the individual building from its corresponding transformer. All onsite electrical services connections are buried underground. Telephone Telephone service is provided to the Specific Plan area by Verizon, which maintains existing telephone lines within the right of way of Fred Waring Drive approximately 400 feet west of the project limits. Cable Television Cable Television service is provided to the Specific Plan area by Time Warner Cable and is available to the property from existing cable within the right of way of Fred Waring Drive along the project's northern property line. May 2024 37 397 Specific Plan Jefferson Square IV. LAND USE & DEVELOPMENT REGULATIONS The development regulations contained herein provide specific standards relative to permitted land uses in addition to site design and construction regulations to be applied within the Specific Plan area. They are intended to protect the health, safety, and welfare of the public, and create a harmonious relationship with surrounding land uses. The development regulations of this Specific Plan are consistent with those of the City's CN and MU codes and regulations, unless otherwise specified, and the proposed land uses are consistent with the GC land use designation in the City's 2035 General Plan. Should a development standard contained in this Specific Plan conflict with an equivalent standard contained in the City of La Quinta Zoning Code, the provisions of the Specific Plan shall take precedence. In instances where the Specific Plan does not address a particular regulation, the applicable portion of the City of La Quinta Zoning Code shall govern. Land use and development regulations are specified for PA I and PA2 below. It should be noted that if multifamily development is not implemented in PA2, then the PAI land use and development regulations shall apply to the entire site. A. PAI LAND USE & DEVELOPMENT REGULATIONS Permitted Uses Permitted uses in PAI shall include all uses specified by the City's Zoning Code, as listed in Table 9-5 Permitted Uses in Nonresidential Districts under the CN zoning designation. Additionally, drive-throughs are allowed on Parcels I and 4 (refer to Table 3: Retail Land Use Summary — Planning Area 1). Development Standards PA I allows neighborhood commercial and retail uses as permitted above. Commercial buildings in PAI shall adhere to the development standards listed in Table 6: Nonresidential Development Standards. Table 6: Nonresidential Development Standards Development Standard Maximum structure height Max Structure Height within 150 ft. of Jefferson Street Maximum number of stories Maximum Floor Area Ratio Building Setbacks(3) From Jefferson Street Development Standard 35 ft.(') 22 ft.(') 1 0.25 30 ft. May 2024 38 398 Specific Plan Jefferson Square From Fred Waring Drive 30 ft. Interior property lines 0 ft. Landscape Setback(') From Jefferson Street 20 ft. From Fred Waring Drive 20 ft. From Open Space/Park Districts 5 ft. minimum From residential areas outside of the 15 ft. Specific Plan area Interior Landscape Parking areas 5% of project area Non parking areas 5% of project area Required Parking Retail Stores Minimum of one space per 300 sq. ft gross floor area (GFA). Minimum of one space per 300 sq. ft. of GFA, when restaurant is not more than 20% of shopping center GFA. For freestanding restaurants and non - freestanding restaurant space in excess of Restaurant 20% of the total shopping center GFA, parking shall be computed separately using the applicable City restaurant parking ratio(s). A facility to accommodate a minimum of five bicycles shall be provided for any restaurant use. Other Uses The parking provisions of the City Zoning Code Section 9.150 shall apply. Notes: (1) Not including architectural appendages, such as a roof parapet or tower, up to 41 feet. (2) Not including up to 10% of the building mass, which may extend up to 36 feet. (3) Number given is minimum building setback depth from the Street right-of-way that existed prior to the processing of Parcel Map No. 36241. In addition to the required landscape setback, the building setback may contain parking driveways, and similar facilities. May 2024 39 399 Specific Plan Jefferson Square (4) Landscape setback shall consist of landscaped area within the building setback. Number given is minimum landscaped area from the street right-of-way that existed prior to the processing of Parcel Map No. 36241. B. PA2 LAND USE & DEVELOPMENT REGULATIONS Permitted Uses Permitted uses in PA2 shall include multifamily residential (apartments, condominiums, townhomes, and similar housing types) of medium to high density (twelve to twenty-four units per acre) with one- to three-story dwellings in addition to all uses allowed in PA 1. Senior group housing and active adult senior communities are also permitted in PA2. PA2 shall be developed as either multifamily residential or commercial uses, but not a combination of the two. Development Standards If PA2 develops as a commercial alternative, its development shall adhere to the standards listed in Table 6. If PA 2 develops as a multifamily development the development shall adhere to the standards listed in Table 7: PA2 Multifamily Development Standards. Table 7: PA2 Multifamily Development Standards Development Standard Multifamily Min. / Max. development intensity (du/ac) 12/24 Minimum project size (acre) Maximum building width (ft.) 300 Minimum building separation (ft.) 6 Maximum structure height (ft.) 43.75(') Max structure height within 150 ft. of 28(3) Jefferson Street (ft.)(2) Max structure height within 75 ft. of southern property line where adjacent to 28 single-family residential Maximum number of stories 3 Maximum number of stories within 75 ft. of southern property line where adjacent 2 to single-family residential Minimum livable area excluding garage (sq. ft.) One -bedroom apartment 600 May 2024 40 400 Specific Plan Jefferson Square Two -bedroom apartment Three -Bedroom plus apartment Townhome or Condo Minimum common open area (% of net project area)(') Active recreation area (% of common open area)(') Maximum lot coverage (% of net lot area)(') Building Setbacks(') From Jefferson Street Interior property lines within Specific Plan Area From Residential and Parks and Recreation districts(8) Landscape SetbacV) From Jefferson Street Interior property lines within Specific Plan Area From Open Space/Park Districts From residential districts Private garage minimum interior dimensions Minimum Off -Street Parking Requirement Studio and one -bedroom Two- and three -bedroom 800 1,000 1,200 30 30 60 30 ft. 0 ft. 30 ft. 20 ft. 0 ft. 5 ft. minimum 15 ft. Single -car garage: Wall to wall dimensions of 10 ft. in width by 20 ft. in depth. Two -car garage: Wall to wall dimensions of 10 ft. in width by 20 ft. in depth for standard stalls. 9 ft. in width by 18 ft. in depth for compact stalls. I covered space per unit, plus 0.5 guest spaces per unit 2 covered spaces per unit plus 0.5 guest spaces per unit May 2024 41 401 Specific Plan Jefferson Square Notes: 3 covered spaces per unit plus 0.5 Four or more bedroom covered spaces per each bedroom over three, plus 0.5 guest spaces per unit Senior Housing I covered space per unit, plus 0.5 guest spaces per unit (I) Per Section 9.140.090 of the LQMC, a mixed -use project may be up to 25 percent more in height than in a base district. Consistent with Section 9.140.090, a maximum building height of 43.75 feet (25 percent more than the allowed building height of 35 feet in Neighborhood Commercial Districts) for residential uses in PA2. Architectural appendages, such as a tower, can extend up to 48 feet. (2) 150 ft. measurement shall be from the street right-of-way. (3) Not including up to 10% of the building mass, which may extend up to 36 feet. (4) Common open area equals percent of net project area. Common open area shall consist of passive landscaped and active recreation area, and excludes parking lot landscaping. Rights -of -way, parking areas, private patios, private yards and slopes steeper than twenty percent (20%) shall not count toward the common open area requirement. "Net project area" means all of the land area included within a development project excepting those areas which are designated as primary vehicular circulation driveways, drive aisles, parking areas, stormwater retention system (above and underground), public parks, and other uses or easements which preclude the use of the land therein as part of the development project. (5) Active Recreation Area equals the percent of common open area suitable for active recreational uses such as: swimming pool, spa and related facilities; clubhouse; tot /at with play equipment, court game facilities such as tennis, basketball or racquetball, improved softball or other playfields, or similar facilities for active recreational use. (6) Lot coverage means the cumulative ground floor area of the structures on a /at expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included and "net lot area' means the horizontal land area within a lot expressed in square feet, acres, or other area measurement. (7) Number given is minimum building setback depth from the street right-of-way. In addition to the required landscape setback, the building setback may contain parking driveways, and similar facilities. (8) The number given is the minimum landscaped depth from the street right-of-way. The remaining building setback may contain parking, driveways, and similar facilities. Section 9.90.040 of the La Quinta Municipal Code requires that buildings within 150 feet of any general plan image corridor and major or primary arterials not exceed 22 feet in height. Table 7 revises this standard to 28 feet within 150 feet of an image corridor to allow for architectural features and enhancements. RES 4 and RES 6 are the only buildings located within 150 feet ofJefferson Street and proposes 2-story townhomes. The primary building structure height is 22 feet, however, the decorative roof/cap extends an additional six feet for a total height of 28 feet. The decorative roof is an architectural feature that adds to the aesthetic value of the project. May 2024 42 402 Specific Plan Jefferson Square V. DESIGN GUIDELINES Design Guidelines have been developed as a method of achieving a high quality and cohesive design character for the development of the Specific Plan area. They provide specific design criteria for the development of the project, as well as encourage creativity, imagination, and harmony consistent with the surrounding community. Adherence to the Design Guidelines will create a desirable asset to the community and enhance the project's overall value. These guidelines will govern the design quality of the project in the following ways: • To provide the City with the necessary assurance that the Specific Plan area is developed in accordance with the quality and character proposed; • To provide guidance to developers, builders, engineers, architects, landscape architects and other professionals in order to maintain the desired design quality; • To provide guidance to City staff, the Planning Commission, and the City Council in the review of construction plans for the Specific Plan area. A. RETAIL ARCHITECTURAL GUIDELINES (PAI AND PA2) Retail architectural design shall strive to achieve a Mediterranean style architecture. In utilizing elements from this vernacular, the retail buildings should achieve a massing and scale that is comforting and pleasing. Textured plaster, deep canopies, and trellises allow for contrast and shade, while simplified cornice detailing and the use of color unifies the different building elements within the complex. Figures 18, 19, 20, and 21 illustrate the typical building elevations and use of the vernacular to unify and provide a sense of scale for the in -line tenants. The figures also illustrate the use of the vernacular for a typical outlying pad building and how the architectural style is continuous around the exterior of the pad building. The elevations used for the Specific Plan provide a basis for acceptable design and materials for the various buildings in PA and PA2 and do not deem to illustrate specific examples of building design or building occupants. Through the use of extensive canopies, trellises, landscaping, sidewalks, and patios, the Specific Plan area achieves a campus like environment, suitable for pedestrian movement between the various uses throughout the project area. Mass & Scale • Varied proportions are encouraged. Elements in facades should be spaced at regular intervals to create a visual rhythm. Plaster pop -outs on the building sides, where not beneath an arcade, shall be T-5' in depth, or to the satisfaction of the Planning Director. • Each building will incorporate a continuity of mass, scale, architectural features, and similar detailing. • The facade of in -line retail stores shall be off -set to help break up building mass and give the appearance of multiple buildings. • Accent features such as medallions, awnings, and color banding should be utilized/encouraged for continuity of scale between the elements/buildings. Roof Treatments • Appropriate use of flat, hip, shed, and pitched gable roof forms are encouraged. • Flat roofs may be used with a parapet alone, or in combination with other roof forms. May 2024 43 403 Specific Plan Jefferson Square • The use of variable ridge lines on a single structure is encouraged. • Roof pitch may vary between buildings in the complex. • Mechanical equipment may be placed only on flat portions of roofs provided that they are screened from public view and that the screening is incorporated into building design. • Roof pitch on any one structure should be consistent within the limitations of the material being used. Architectural Features and Details • All mechanical equipment including fuse boxes, heating and cooling devices, and satellite dishes shall be screened from public view. The building parapet heights shall be adjusted so that roof elements are screened from view. • The use of curtain walls is not allowed. • Separate screening walls shall only be used as an exception and shall be designed to utilize building materials and colors. • Exterior walls should emphasize shadow relief using recesses, medallions, covered walkways, trellises, and landscaping where appropriate. • Building entryways should be visually emphasized and try to keep sense of pedestrian scale. • Shaded walkways are encouraged in areas with high levels of pedestrian traffic. • Conversion of first floor windows to exterior tenant entries is allowed subject to Staff approval of architectural details. • Accent at corners of pad buildings by using small tower features is encouraged. Walls and Fences • Walls are encouraged to use materials and colors which match or compliment associated/adjacent buildings and context. • Walls that create long, unbroken straight lines should be avoided, when possible, by varying the parapets or with use of color and accents. Materials & Colors • The facade plays an integral role in building appearance and should use a continuous palette of similar materials and colors. • Restraint should be exercised in the number of materials and colors selected for a given structure. • Acceptable construction materials are steel, wood, stucco, concrete, plaster, ceramic tile, natural stone, aluminum, and glass. • Architectural details should be painted to match the facade. • The following identifies the general colors and materials which will serve as a working palette to provide a basis of establishing architectural cohesiveness for the project (changes may occur at time of Architectural review). • It should be noted that the below mentioned colors are suggestions, and deviations are permitted with City approval. • Trellis structures shall be color finished metal tube structures or canvas awnings. • Paint Colors: (Manufacturer: Dunn Edwards Paint Company, Sherwin Williams, or equal) May 2024 44 404 Specific Plan Jefferson Square Main Building Colors: These colors would be used on large wall surfaces but could also be used as accents. Paint I. Amber Dawn #DE2277 2. Biscuit #DE5330 3. Golden Crest #DE5353 4. Crossroads #DE5359 5. Lustrous Yellow #DE5472 6. Aloe Plant #DE5563 7. Light Aspiration #DE6185 8. Rattan Basket #DE6201 9. Calico Rock #DE6229 10. Union Springs #DE6243 11. Mesa Tan #DEC718 12. Adobe #DEC726 13. Agreeable Gray SW 7029 14. Downing Stone SW 2821 15. Techno Gray SW 6170 16. Dovetail SW 7018 17. Studio Clay SW 9172 18. Granite Peak SW 6250 Trim Colors 1. Calla Lily #DE5498 2. Marble Dust #DE6156 3. Porous Stone #DE6220 4. Pepper Shake SWVS 435 5. Urbane Bronze SW 7048 6. Cocoon SW 6173 Stone Eldorado Stone Bouquet / Flintstone Roof Tile Monier Lifetile Type: Slate Color: Cherrywood Metal Awnings Berridge Double Rib Panel Colors: Hartford Green & Colonial Red Exterior Cement Plaster Finish: Smooth, hand toweled and painted with elastomeric paint Color: Refer to Paint Colors May 2024 45 405 Specific Plan Jefferson Square Windows Material: Steel or Aluminum Frames with true divided lights Color: Ral #502 1 Glazing: Clear [Light to Medium Bronze Tint with prior written approval] Hardscape Color Accents Chromix #C-26 Antique Cork #C-27 Westwood Brown Vents Tri Black SW 6258 May 2024 46 406 Specific Plan Jefferson Square EAST ELEVATION SOUTH ELEVATION WEST ELEVATION uALE: 1 !7 6": 1'�W SCALe-11i6`=r1Cr NORTH ELEVATION Figure 18: Example of Inline Retail Tzr May 2024 47 407 Specific Plan Jefferson Square NORTH ELEVATION EAST ELEVATION :.CALL -1M6:1'V SCAL.EY 1!1L': 1'-0' SOUTH El FVATIDN SCALE- 1 }t9': t'-0` Figure 19: Example of Retail Shop Building PARTIALPLAN SCALF=1118': C-0' WEST ELEVATION SCALER IITW:1`7 May 2024 48 408 Specific Plan Jefferson Square u NORTH ELEVATION EAST ELEVATION k SOUTH ELEVATION SCALE-1 el8`;1'-Cr SCAL—O.1 IV! 1,01 PARTIAL PLAN SCALE r 111 a". 1'Cr WEST ELEVATION Figure 20: Example of Corner Anchor Building 5GALE� t11F:IIV May 2024 49 409 Specific Plan Jefferson Square NORTH ELEVATION EAST ELEVATION SOUTH ELEVATION 5CALE - i f 19" A WY SCALE -111+5`: iW PARTIAL PLAN SCALC=1 f 16': 1'-0' WEST ELEVATiON Figure 21: Example of Retail Pad Building r�„ SCALE -1elG': '-G' May 2024 50 410 Specific Plan Jefferson Square B. RESIDENTIAL ARCHITECTURAL GUIDELINES (PA2) The residential architectural guidelines provided in this section focus on multifamily design. Retail construction in PA2 would adhere to the architectural guidelines described in Section V. A. Retail Architecture Guidelines. Multifamily design shall strive to achieve a contemporary Mediterranean architecture, as opposed to the more traditional architecture sought in PA I. PA2 architecture shall utilize elements from the existing retail vernacular, but at a more residential scale. Multifamily developments shall achieve a massing and scale that is both comforting and pleasing. Textured plaster, deep balconies, and trellises allow for contrast and shade, while simplified cornice detailing and the use of color unify the different building elements within the complex. Figures 22, 23, 24 and 25 illustrate examples of acceptable building elevations and use of the vernacular to unify and provide a sense of scale. The figures also illustrate the use of the vernacular for a typical outlying townhome building and how the architectural style is continuous with the other multifamily buildings. The elevations shown in this section provide a basis for acceptable design and materials for the various buildings in PA2 and do not illustrate specific examples of building design. Mass & Scale • Mediterranean architecture emphasizes harmony and balance in its design. Each building shall maintain proportional relationships between various elements, such as windows, doors, arches, and columns, to achieve a pleasing visual balance. • Utilize courtyards, arcades, and patios to break up the overall mass and create a sense of openness and connection with the outdoors. • Varied proportions are encouraged. Elements in facades should be spaced at regular intervals to create a visual rhythm. • Each building will incorporate a continuity of mass, scale, and architectural features and similar detailing. • Accent features such as awnings and color banding should be encouraged for continuity of scale between the elements/buildings. Roof Treatments • Roofs play a crucial role in Mediterranean architecture. Use of flat, hip, shed, and pitched roofs are encouraged. • Exposed roof materials shall consist of clay tiles or shingles that blend harmoniously with architectural elements, materials, and colors. • Flat roofs may be used with a parapet alone, or in combination with other roof forms. • The use of variable ridge lines on a single structure is encouraged. • Roof pitch may vary between buildings. • Mechanical equipment may be placed only on flat portions of roofs provided that it is screened from public view and that the screening is incorporated into building design. • Roof pitch on any one structure should be consistent within the limitations of the material being used. Architectural Features and Details May 2024 51 411 Specific Plan Jefferson Square • Mediterranean architecture often features an abundance of windows and openings to facilitate natural ventilation and light. • All mechanical equipment including fuse boxes, heating and cooling equipment, and satellite dishes shall be screened from public view. The building parapet heights shall be adjusted so that roof elements are screened from view. • The use of curtain walls is not allowed. • Separate screening walls shall only be used as an exception and shall be designed to utilize building materials and colors. • Exterior walls should emphasize shadow relief using recesses, covered walkways, trellises, and landscaping where appropriate. • Building entryways should be visually emphasized and keep a sense of pedestrian scale. • Corner accents using tower features are encouraged. Walls and Fences • Walls shall use materials and colors which match or complement associated/adjacent buildings and context. • Walls that create long, unbroken straight lines should be avoided, by varying the parapets or with use of color and accents. Spatial Organization • Organize interior spaces to flow naturally and create a sense of openness and airiness. • Emphasize connections to outdoor areas, like patios and gardens, which are essential features of Mediterranean living. • Through the use of extensive balconies, trellises, landscaping, sidewalks, and patios, PA2 should achieve a campus like environment, suitable for pedestrian movement between the various uses throughout the project area. Materials & Colors • The facade plays an integral role in building appearance and should use a continuous palette of similar materials and colors. • Choose local materials that complement the surrounding environment. Common materials include steel, wood, concrete, plaster, ceramic tile, aluminum, glass, stone, and stucco. • Use textured finishes on walls to add depth and interest to the facade without overwhelming the building's scale. • Restraint should be exercised in the number of materials and colors selected for a given structure. • Architectural details should be painted to match the facade. • Trellis structures shall be color finished metal tube structures or canvas awnings. • The following identifies the general colors and materials which will serve as a working palette to provide a basis of establishing architectural cohesiveness for the project. It should be noted that the below mentioned colors are suggestions, and deviations are permitted with City approval. • Paint Colors: (Manufacturer: Dunn Edwards Paint Company, Sherwin Williams, or equal) May 2024 52 412 Specific Plan Jefferson Square Main Building Colors These colors would be used on large wall surfaces but could also be used as accents. Paint I. Amber Dawn #DE2277 2. Biscuit #DE5330 3. Golden Crest #DE5353 4. Crossroads #DE5359 5. Lustrous Yellow #DE5472 6. Aloe Plant #DE5563 7. Light Aspiration #DE6185 8. Rattan Basket #DE6201 9. Calico Rock #DE6229 10. Union Springs #DE6243 11. Mesa Tan #DEC718 12. Adobe #DEC726 13. Agreeable Gray SW 7029 14. Downing Stone SW 2821 15. Techno Gray SW 6170 16. Dovetail SW 7018 17. Studio Clay SW 9172 18. Granite Peak SW 6250 19. Whisper #DEW340 (Or equivalent) Trim Colors 1. Calla Lily #DE5498 2. Marble Dust #DE6156 3. Porous Stone #DE6220 4. Pepper Shake SWVS 435 5. Urbane Bronze SW 7048 6. Cocoon SW 6173 7. Stockhorse #DE6126 (Or equivalent) Stone Eldorado Stone Bouquet / Flintstone French Limestone: Country Beige (Or equivalent) Roof Tile Monier Lifetile Type: Slate Color: Cherrywood Eagle Tile Series: Malib Color: SMM 8820 Santa Clara Blend (Or equivalent) May 2024 53 413 Specific Plan Jefferson Square Awnings Berridge Double Rib Panel Colors: Hartford Green & Colonial Red Sunbrella (Fabric) Colors: 14617 Hogan Flame (Or equivalent) Exterior Cement Plaster Finish: Smooth, hand toweled and painted with elastomeric paint Color: Refer to Paint Colors Windows Material: Steel or Aluminum Frames with true divided lights Color: Black Glazing: Clear Material: Aluminum Storefront Window Color: Black Glazing: Clear Hardscape Color Accents Chromix #C-26 Antique Cor #C-27 Westwood Brown May 2024 54 414 Specific Plan Jefferson Square row _ °�!r ■■ V-1 LF, 6 5 4 BId 3 -East Elevation Bldg 1 - North Elevation GENERALNOTES KEYN0 ES LEGEND 1. REFER TO FIR ARCED PLANS FORAMTIONAL 5. REFER TO CNLMWS{4R VTILITY LpCATIONS YYALLTYRE CALL -CUTE, DIMENSIONS, DOOR TALE- & CONNELT4010. AND DETAIL 2. rMCAL DIVENSIONB ARE TO FACE OF &TRWTURKVeAICH i$ FACE OFDONEKT6, FACE OF STILO, OR FACE OF SHEATHING AS OCCURS. 9- WHERE EXTRA LAYER OF GYP$UM HOAREI IS REOUTAED FOR FARE WING ADO EXTRA LAYER TO ENTaRE LENGTH OF WALL. $0TIIERE is ma'Jw mE EINESHED SURFACE. 4- PROVME FIRE PARTITION NACCORDAW-E WI7N C6c 70.1 FOR: -WALLS SEPARATING DWELL140 4HITS 4'XRRUW)R WAI E S SWOOrH FINISH &TU000, WHrTE ® GLAWAr4bALUMINUM sTOREFRoNT SYST¢A, 6lACK © SMOOTH FINIS+! 570CC0, 6>=K3E 1 MErALADDRESS NUMBERS ® SMOOTH FINISH. TALE 11 STAIR � ELEvATOA TOWER - EXEMPT ® STOK. FA1,AM LIGHT FROM BLDG HEIGHT S R00F. W000 STRUCTURAL, BEIGE SAND TRANSFORMER ® AOOF. TILE, S"Sk, GPEV +�3 REOIDEWik L066Y ENrRAHCE ROOF CECK ME TAZ. RAKING, 13LA,CY, ® FISREX WINDOWS, FRALOE 9OLOR HUWA, 1�5 CLEAR GLASS Figure 22: Example of 3-Story Multifamily Building SIGNS, FACADE LIGHT 51ri1CG0.1 oom ACCENT PANEL TILH. SPANISH GREY Sheet I of 2 May 2024 55 415 Specific Plan Jefferson Square Y. REFOR TO EHLARGEQ PLANS FOR A(1WIQN4k 6. REFER TO CIn 5M5 FOR {TTILITY LOCATION$ WALLTYPE CALL -OUTS, ❑IRIEN51CN5, DOOR WA05- £ CONNECNCNS. ANO DETAIL 2. TYFvCA€ DIIAEN91ON9 ARETO FACE OF STRUffTURE WHICH IS FACE CF CDNC"TIE. FACE DF STUD, OR FACE OF SHEATHINGAS CCCURS- S- WHERE EXTRA LAYER CF GYP$UM EOARQ IS REOUIFED FOR FIRE RATI W3 ADD EXTRA LAYER TO ENTIRE LENGTH pF 'NhR4, SO THERE lS N6.]p�' IH FINL9HEO SURFACE. 0. PROVIDE FIRE P RTMON IN ACCOROMLCE WITH c5G MA FCA! -WALLS SEPARATING DWELLIPQ UMTS {MRR0DR WALLS LJ SMOOTH QHISH STUCCO, WHrTE 0 SMOOTH FINISH STUCCO. 8LI3E ® SMOOTH FIN1371, TM ® S-KIM. FAi;� LrGHT �5 460F. WOOD STRUCTURAL, BEIGE SAND 6 AOOF, TRE, SPNFSH GpE+' ROoft)ECK �6 FIRREXWINEIMYS, FRAME COLOR (LACK, CLEAR 43LASS ■I■ F rw SIR ■i ■1 w am wit an ■� 6' 0 GLASS AND ALUMINUM S70REFRONT SYSTEM. KACK t� METALADCiMSS NUMBERS tt STAIR � ELE++ATMTOWE R- EMPAPT FROM "QG HKIQW TRANSFORMER 0 RESIDENTIAL L09BYEHTRPACE t�0 MEtALRAILM, SLACK 0 Figure 22: Example of 3-Story Multifamily Building Bldg i - Soulb Eleust oR Bldg 7 - Wesl E1 li?n j STpgE, FACADE VCHT I_ STllCC0. WHITE ACCENT PAPEL MMTRTF. SPANISH GREY Sheet 2 of 2 May 2024 56 416 Specific Plan Jefferson Square m 0 0 I 11 0am 1 Oi 11 ii 1 011 ONE 9 ME No oil No ON 00 Ems O i O II. � n 13 12- i5 I I 1 4REFER7O ENLARGED PLANS FOk AbDA10NAL 5. REFER To CIvIL O1hG3 FOR LnIEFTYL6tAr xJ9 L' SMOOTH FINISH STUCCO, WHITE ® GEMENT BOARD DECORATIVE PANEL 1G WCODTRELLIS WAU-rYPE CALL-QW$. DIME"IQN$. oo4R TAG5, & CCNNe�rlpNg. FAINTED, =COLOR MATERIAL BOARD AND PAL• CORNICE I TRIM SMOOTH FINISH, SEE COLOR MATER3AL96ARO n WOOD PERGOLA. 2, TYPICAL OIMEN51ONSARE TO FACE OF STRUCTURE YMIGH IS FACE OF CONCRETE, FACE [3 i 5V3N E_ $EE CQLCR MATERIAL BQARO F11 SChiEEN WALL Pak LANDSCAPE QF STUD. OR FACE OF SHEAT RING AS OCCURS- E1 ALVMINVM DOORS, FRAME CQLQR 11 LK HT FIXTURE, SEE LIGHTING PLANS 3 WHERE EXTRA LAYER OF GYR.SVM BOARD 4°, BLACK. CLEAR GLASS WQVIRFQ FOR FIRE RATINGAIDO EXTRA LAYER TO RAYL1Nq BLACP( ENTIRE LENGT}I (IF WALL, WTHERE 15 NO JOG INhETAL 6 TILE ROOF, SEE COLOR MATERIAL BOARD ,IN ISHEP 5URFAGE, is 42- ALASTERI STONE Ok-LL g l R" PARAPET +1. PROVIDE FIRE PARTITION IN ACCORDANCE WITH �' PLASTER Ig76NE Pl,TIq WALL � COC?N-1 FOR L LVI71Ni1M WINDOWS. FRAME GOLUR -WARES TING DWELLING UNITS BLACK. AR GLhS:. BCLEAR I1�` FIRE PEP7AppR65ST1'P )OR UVA -0IY,R1OpR WALLS Figure 23: Example of 3-Story Townhome Building R 2;1y IlIAW`F' LR 1.d9 N3h i♦!$FF I Ty FS Bid 2 - WeBI Elavation t 'y spa � 1 ■,+rT-0 Rao 9T-0' ST! 214D FLa; 09 - 4P FF dBJFFF d7A'FS 14TJy 15T FLR 1Ht'Mf L']) Bldg 2.3. South Ekiva ion -E a ortr ernrr..reaurex�u d.-.veo - cE�Ni eawo wr,EL. aEE oo�on unttiwL eoara - nl>E A60F. eEE aoLv, u+xFnu�ee�lsm Sheet I of 2 May 2024 57 417 IlIAW`F' LR 1.d9 N3h i♦!$FF I Ty FS Bid 2 - WeBI Elavation t 'y spa � 1 ■,+rT-0 Rao 9T-0' ST! 214D FLa; 09 - 4P FF dBJFFF d7A'FS 14TJy 15T FLR 1Ht'Mf L']) Bldg 2.3. South Ekiva ion -E a ortr ernrr..reaurex�u d.-.veo - cE�Ni eawo wr,EL. aEE oo�on unttiwL eoara - nl>E A60F. eEE aoLv, u+xFnu�ee�lsm Sheet I of 2 May 2024 57 417 Specific Plan Jefferson Square GENERAL NOTES 1. REFER TO ENLARGED PLANS FOR ADDFSIONAL 5, REFERTOGNILDYYGS FOR UTTLTTY LOGATION5 WALL TYPE CALL OUTS, DIMENSIONS. DOOR TAGS, A CONNECTIONS. AND DETAIL. 2. TYPICAL DIMEN$ION$ARE TO FACE OF STRUCTURE WHICH IS FACE OF CONCRETE. FACE OF sruo, OR FACE OF SHEATHING AS OGCL1Rs. 3. WHERE EXTRA LAYER OF QY PSUM BOARD LB REQUIRED FOR FIRE RATIN6A1310 EYTRALAYER TO ENTIRE LENGT41 OP WALL, SOTHERE IS NO JOG IN FINISHED $VRFACE. 4. PROVIDE FIRE PARTITION IN ACCORDANCE WITH CBC?1A-1 FOR; -WALLS SEPARATINK`i DWELLING UNITS -CORRIDOR WALLS 9 1014 15 5 I I ®� ll ■ ! now MEN ONE ONE KEYNOTES 3 ii .■ 11 IN ill iBill a I Bill Blom Bill■1■ �,, lime II LJ smcciTH FEHSH STUCCO• WHITE LJ CEMENT BOARD DECORATIVE PANEL jq WOOBTRELLJ$ PALMED, $EE COLOR MATERIAL BOARD CORJICE lTRIIA SM4UTFi FINISH, SEE COLOR MATERIAL BOARD � LJ WOOD PERGOLA ,1 STONE, SEE COLOR MATERIAL BOARD FIN METAL GATE, BLACK ALUMINUM DOCR6. FERIAE COLON t1 LIGHT FDSTLIRE. SEE LIGHTING PLANS BLACK. CLEAR GLASS tR METAL RAILFFK3, 81-4CH 5] TILE ROOF, SEE COLOR MATERL+L ROAM l3 d2- PLASTER i STONE WALL ft ROOF PARAPET 14 8%9' PLASTER !STONE PATIO WALL - ALUMINUM WINDOWS. FRAME COLOR 4IACK, CLEAR GLASS .9 FIRE DEPT ADDRESS TYP Figure 23: Example of 3-Story Townhome Building BI 2-3 - North Elevation 116 .4�57- q. J 10 TLN S�dv r"1 4ed FF 9� ._. _ •.` diX FS B 3 -East Elev2ti_brz_ '` LEGEND _ it SOME FAv.+LE SEE GOL9R 4AlElt'JL 9Refm 3�LICCG. xE[ LIXLR Nmlma. eOe-1 LE.MM OOMd) M�RI. SLL L9LOr<xNRRNi IlOxfx9 ® xIITpOM.BEF WI�IR NA1TwN.B6V114 Sheet 2 of 2 May 2024 58 418 Specific Plan Jefferson Square 1. REFERTO ENLARGED PLANS FORADDRIONAL WALL-IYFE CALL-OuM- DIMENS10N5, DOOR TAO9, AND OFTFIL, 2. TY PICAL OIMENSIONS ARE TO FACE OF STRUCTURE WHICH IS FACE OF QONCRET F, FACE OF STLID, OR FACE OF SHEATMNGAS OCCURS. 3. WHERE EXTRA LAYER OF GYPSUM BOARD IS REQUIRED FOR FIRE RATING ADD EXTRA LAYER TO ENTIRE LE"GTH OF WALL, SO THERE 16 NO JOG IN FINKMED SURFACE. d. PR(VIDF FIRE PARTITION INACCOROANCE WFr)4 CBC 700.1 FOR: -WALL$ SEPARATING DWELLING VNR3 •CQRRIDDR WALLS & REFER TO CIV-IL DWCS FOR UTILITY LOCATIONS A COHNECTIONS. 154' T FROM JEFFERSON ST PL ----- —.—_..-----..----------.— 7 --- L�--------- ,------•---•--- i p P 0, ROOF (Mg 2'1 * �TmsF iG��FB _ F-0Td 1ST FLR j8Ifv 2n) 441 F3 bfdg 4 - North Elevation !f } E GHF F•� = 1'O 75 TO PL ALONG ADJ RESIDENTIAL 14I�2 i 7 4 2-- -1 ---- I ��------IS--- r3l $ 14 - ------------- 4,00"*b I. 'J .MOUTH FINISH STUCQQ, WHI E CORNICE lTF21M 9IAODTH FINISH, WE COLOR MATERIAL BOARD A STONE, SEE GOLUR MATERIAL BOPFD 4) ALUMIN UM DOM$. FRAME COLOR BLACK, a EAR GLASS i€ VILE ROOF. SEE COLOR MATERIAL 6QAR0 A ROOF PARAPET ALUMIN UM MIINGOW5 FRAME COLOR BLACK, CLEAF GLASS ME aialu ■n ii ii J DEMENT aOARQ OECOHATIVE PANEL FAMED. SEE COLOR MATERIAL BOARD ] WOOD PERC A U0 SCREEN WALL PER LANDSCAPE '11 LIGHT FIXTURE, $EE LIGHTING PLAN$ ul METAL RAILING, BLACr, M NOT USED 1d PATIO WALL, STONE 151. NOT USED Figure 24: Example of 2- & 3-Story Townhome Building -PaRD i Sri or - {r'aerFs r� STF :: FS Bldg, A-&= Fd8# ER9v�li0T1 1 41OhE FI ClllE..E CClOR—E—HOFFl➢ 619C6Q SEE 6NM MIERAL &mw _ fYlYe xT 9,LRC' R118. SFE �LOR RATEkk� BMnO _ llE FA`S. 9EECOLp[M[iEfilL B]eW May 2024 59 419 Specific Plan Jefferson Square 12 Iw.S 7 5 1111 I [ 31 14 IF G fi f 75' TO PL ALONG _ AdDJ RESIDENTIAL PL 1 14 13. .� RD�FSebpardf— n 0 LI I mill! r - 1 y J-47.H4fF - -� r& FF i~ i ; :cxr9 \ J13'F3 Bldg 4-5 - West Elevation 2 12 Lr 9 4 5 4-- 12 S K 94' 171r3 I 51'Two ER I +TT-0• i n N tklnu 2Np FT.R I&R] 1/S] ,ear 47 M� _—_—_—_—_—_— _—.————_C.•—Sr _ — --- __. _ 1Sr1 FLR [81tlp 2'3y ` J+1'FS 1 REFER TO ENLARGED PLANS FOR ADDIT*HAL S. REFER TO CIVIL DWGS FOR UTILITY LOCATIONS WALL TYPE CALL -OUTS. DIMENSIONS. DOOR TAGS. d CONNECTIONS. AND DETAIL 2. TYPICAL DNJENSIONSARE TO FACE OF STR JCTLIRE WH30H IS FADE OF CONCRETE, FACE OF STUB, OR FACE OF SHEATHINIOAS OCCURS_ 3 WHERE D(TRA LAYER OF OYPSIFIN BOARD IS REOUIR ED FOR FIRE RATING ADD EXTRA LAYER TO ENTIRE LENGTH OF WALL, SO THERE IS NO JOG IN FIN I$mw $4)FFACE, 4. PRgVIDE FIRE PARYU1914 IN ACCQRLWNGE WITH CRC T09.I FOR: -WALLS 5EPARATING DWELLING UNRS -C RRIPOR WALLS DO SMOOTH FI14ISI4 STUCCO, WHITE FT CO"ICt JTKM S ocri-m FINI5N. 5EE COLOR PMTER1AL BOARD LJ STONE. 5EE COLOR MATERIAL WARD n ALUMINUM FJOORS. FRAME COLOR BLACK, CLEAR GLASS TILE ROOF SEE COLOR MATERIAL BDAPD ® ROOF PARAPET T❑ ALUMINUM WINDOWS, FRAME COLOR 131-4Ck, CLEAR GLASS L� CEMENT BOARD DECORATIVE WNEL PAINTED- SEE COLOR MATERIAL BOARD L: 'WOOD PERICIOLA NOT USED 11I LIGHT FIXTURE. SEE 1,10-FTING PLANS 1 METAL RAILRJG, BLACK 13 PATIO GATE. BLACK FiA PATIO WALL, STONE L NOT USED Figure 25: Example of 2-Story Townhome Building 61dg5-B - South Elevation rNra-Ts- 1 I I SttWE FIG59E 8EE COl�R N51dNLB45110 SrIiOCiS. BEf CROR wOl Hiuk 9(I.Y✓D — rsuureawo wnu. eEs E1lLai 14TEFtl1 aura — TaE RdOF. BEE G]LM NiTERY1 E611itr May 2024 60 420 Specific Plan Jefferson Square C. SITE SIGN GUIDELINES A master sign program for the Specific Plan area has been approved under a separate sign permit. The approved sign program provides guidelines necessary to achieve a visually coordinated, balanced, and appealing sign environment, harmonious with the architecture of the Specific Plan area, while maintaining provisions for individual graphic expression. The developer shall secure sign permits for any new buildings from the City's Building and Safety Department by submitting three (3) copies of fully dimensioned scaled drawings as follows: a) A site plan showing the location of the proposed signage on the site. b) An elevation of the building drawn to scale showing sign placement. c) A detailed elevation of the sign drawn to scale and showing all colors, materials, dimensions, and copy. d) Fabrication and installation details, including structural and engineering data, UL electrical specification, and type and intensity of illumination (for electrical signs). e) Any other drawing, details, and information as required by the City. D. SITE LIGHTING GUIDELINES Commercial Lighting Guidelines • Exterior lighting, when used, should enhance the building design and the adjoining landscape. • Lighting standards and building fixtures should be of a design and size compatible with the building and adjacent areas. • Lighting shall be restrained in design and excessive brightness (night glow) avoided. • Standard design techniques will be employed to shield parking light fixtures from adjacent land uses and control direct glare and spill light emanating from these fixtures. • Parking lot light poles will be equipped with a recessed lamp and a flush lens and shall not exceed a maximum height of 18 feet throughout the site. • The average foot candles (FC) for the project site would be 1.8 FC, with a maximum of 4.9 FC and a minimum of 0.7 FC. Multifamily Lighting Guidelines • Residential Parking Lots: I FC minimum • Pedestrian Egress Walkways: I FC minimum • Pedestrian Walkways: 0.25 FC minimum • Main Entry Roadway: I FC minimum • Internal Roadway Drive Aisles: 0.25 FC minimum E. SITE LANDSCAPE The purpose of this section is to establish standards that would contribute to the thematic project image and identity of the Specific Plan area. The Specific Plan landscape design standards establish levels of hierarchy that would provide a varied and high -quality experience at the pedestrian and vehicular level within the project. Existing Specific Plan area landscape improvements include groundcover, shrubs, and trees along the full site perimeter, street frontages, parking lots, and drive aisles. These improvements reflect May 2024 61 421 Specific Plan Jefferson Square those specified in Amendment No. 2, Section III C. Landscape Plan. A copy of the Amendment No. 2 Preliminary Landscape Plan is provided as Figure 26. Existing landscape design utilizes ornamental material to provide a temperate environment. Parking lot areas are shaded with a combination of Palo Verde and Desert Museum Palo Verde trees. Palm trees are used to provide vertical scale and aesthetic contrasts. Tipu Trees, Acacia, and Chitalpa trees are used to help screen views from adjacent residential areas. Figure 27 illustrates an example of an acceptable PA2 landscape plan that would build upon the existing Specific Plan area landscape. A multifamily project in PA2 shall include an entry statement at Primary Entry Drive I. In this conceptual plan, an enhanced paving band and project identity sign act as an entry statement at Primary Entry Drive 1. Furthermore, the drive is shown to be lined with a combination of tree species including palms, Desert Willows, and Palo Verdes. Like those at the Project intersection, Palm trees are shown along the primary vehicular drives to provide vertical scale and aesthetic contrasts. Palo Verde, Acacia, and Sumac are proposed as canopy trees to screen views from the adjacent single-family residential properties. Shrubs could include Agave, Aloe, Bougainvillea, Bottlebrush, Desert Cassia, Barrel Cactus, Brittlebush, Ocotillo, Red Yucca, Angelita Daisy and Sunset Lantana. Ground covers or gravel mulch may fill in between the shrubs to protect the soil from the sun, evapotranspiration, and run-off. Figure 27: Conceptual Landscape Plan — Multifamily illustrates a 165-foot-long landscaped hedge, measuring 12 feet in height placed south of buildings 5 and 6 along the southern property line to provide additional privacy screening from the adjacent single-family residential homes. Such a hedge would be necessary for any residential building 2 stories or higher located within 75 feet of the southern property line. The plant materials listed below are approved for use within the specific plan area. Any plant material proposed onsite that is not listed below would require approval by the City of La Quinta Director of Design and Development or designee. The approved plant materials have been chosen for their adaptability to the desert climate, their relationship to the existing surrounding developments, and their intended use and function with the project. A list of the approved species is provided below. Those in bold print represent plant species added with Amendment No. 3. Trees (Common Name) • Chitalpa • Mexican Blue Palm • Palo Verde — Cercidium Flordium • Palo Verde — Parkinsonia Aculeata • Tipu Tree • Willow Acacia • African Sumac • Desert Museum • Pindo Palm • Medjool Date Palm • Olive Tree • Mexican Fan Palm • Texas Mountain Laurel • Southern Magnolia May 2024 62 422 Specific Plan Jefferson Square • Silk Tree Shrubs (Common Name) • Red Hot Poker • Bougainvillea • Red Bird of Paradise • Desert Cassia • Brittlebush • Ocotillo • Red Yucca • Creosote Bush • Texas Ranger • Regal Mist • Autumn Glow • Deer Grass • Baja Ruellia • Mojo Pittosporum • Icee Blue Yellow -Wood • Little 011ie Dwarf Olive • Foxtail Agave • Aloe • Little John Bottlebrush • Golden Barrel Cactus • Red Yucca • Spanish Dagger • Mexican Fence Post Cactus Groundcovers • Spreading Sunset • Confetti • Purple Lantana • New Gold Lantana • Angelita Daisy • Verbena • Spreading Sunset Lantana • Creosote Bush • Lockwood De Forest Rosemary Design Guidelines The guidelines presented herein are not intended to discourage creative design or individuality. Rather, they are intended to assist in providing the continuity and desired image which will make the Specific Plan area a unique and special mixed -use project. May 2024 63 423 Specific Plan Jefferson Square • Ground covers or gravel mulch should be used to enhance the appearance of the Specific Plan area and protect soil from erosion. Acceptable ground cover includes gravel, rocks or living plant materials. Tree bark and shredded wood products, which are lightweight and subject to wind and water erosion, are prohibited in unprotected areas. • Water efficient landscape materials, including native plants, with drip irrigation should be used wherever possible as a means of conserving water resources and minimizing maintenance costs. • Landscaping should be designed to screen above ground utility equipment, service areas and trash containers. Homogenous, visually subtle plant materials should be selected for use in these areas in order not to focus attention on the objectionable items. Entryways • Areas which serve as a focus of vehicular traffic, such as project entries, should be accented using colorful shrubs and groundcovers for enhanced visual interest. These shrubs and ground covers may include Aloe, Angelita Daisy, Bougainvillea, Golden Barrel Cactus, Purple and gold Lantana, Verbena, and Yucca. • Project entries should utilize vertical accents such as palm trees to provide a sense of arrival to the facility with matched or varying heights. • Plant materials at project entries should be located to avoid interfering with motorist sight lines. Plant combinations shall leave an area 30 inches above grade open to allow for unobstructed views of approaching vehicles and pedestrians. Buildings • Plant materials should be used to soften long stretches of blank wall surface. • Landscape materials shall be selected with colors and textures which enhance architectural elements. Streetscapes • Streetscapes should incorporate informal masses of trees and shrubs. • Streetscapes fronting the project should maintain a plant palette and design concept which is compatible with surrounding finished street frontages. Parking Lots • Plant material should consist of Lantana groundcover, Palo Verde and Desert Museum trees, and Desert Cassia, Texas Ranger, Muhlenbergia, and Red Yucca shrubs which would allow sight line over shrubs yet provide islands that are green. • The design of parking lots should include provisions for canopy trees to provide shade for parked vehicles. • Parking areas should be screened from adjacent roadways using low walls, landscaping, or berms. May 2024 64 424 Specific Plan Jefferson Square ;i1a, d 3./SK s wee' 3 421M SF & EASY 7xo SF 1 028SF — --- ; " . s PAS a. Figure 26: Conceptual Landscape Plan - Commercial �riLr iti xr GROUNDCOVER LIST x+w.w aar+ovcx wNe c�raa see - -�rawv.m-tH�•. ,.c�x,T .wL*- d — ,wv�ar.artlr� iFjrf�M1 AY4�1 :;ul*F4G _-LAWrwWmft meter IDL'OrOR �wrviw.woxnis�sa .rsru ,x�rt�•.i �w-froc - ��rNw•�ax aoeo Aev.ao.o..anxx �,ac *a•oc -L-%*L*Ar—a wirtuu�a,a. �t.rypres�- •��exiarmrrari tmex�. icy*roc �oemer� � wve roenN W Yx oeeert rveyan, - .—�asewrwsesn sf.sa,s. roovrA �,� oeeu- rLa•�s wxTL# oRor - vrr�a¢rxr rar�ors SHRUB LIST tw" 14r�(fix K 1 yr. fMHOM5 Lw A rau No rve zF 44lC NJI�PN4+148��Sr-iF 44�++rM1lf1 �44 - .4�OYarerr�l Afj�'M¢t. IwYSRe. IOr� R!MC-90A sat ��IhtaV. Sl Ya02A HFA[SIIS�1 iU4 �- #{WJIRRi lRtl44'� 9Sr]�1L4 rMr �r-� � TK-.Rsr�.rK a.•a.FLuwr acc; rucar a u. ^-L+IrPV. �aexrr•• aeaPrre eiwx e¢n -. Leu=�Kuee Aneioceas -ex�sRwa• ewa per_ wuowe.ew rreu.rne ¢aMe firer ,¢u �a81a4 por.,suu„]i ew.ryr..• sa,. TREE LIST sruea eoranait „ee rerre�or.+�ruoa=-r x-Fu -- w.a ,xaetr _ Wr,YlIS rhAilaT[H55 Y�01 Creril.4 - YFaW'r��iial4sY �#� / iYr1FWrYi WF�y _-M�INCW A4Th l! fnl F9OORkV auR'� u,• May 2024 65 425 Specific Plan Jefferson Square ADJACENT PARK f w �� _tea _..�.� � � • ,. _ _ — — -E-: prapefly ILO ❑ A p rn � ti D z r 4 IProperly I Im, / PiL phl OF Way L .1 BLDG f� K � M I o x .I _q a, ■ . ■ c:sf � ` ri ri Ara ' POOL, AND PLAZA ENLARGEMENT 460 REFEn TitcIHFFTO-, ir ffrative srreen kill Lirni[ m Work A - 3'XS' DC Ladder i Access Zane EXISTING COMMERCIAL 4 i SLOG 3 r JJ L s k 1 a•y ---i LirTlli GF y%VCrIv ' TRANSFORMER AND UTILITIES NOTE ti - _ VyL,[Ctr;ll'r,:mrrw, a^tl uvl[Ir s�•all lyc ;clerresl trr 13 Q.--- F F F E R S 0 N S 'F R E• E T 0 Property Line I Right of Way } FIRE NOTES OL,Sill'11R'yC vrfY7iL'][IDn plarltlr'q yr}tI fS 'L{.ila � cRlser :han s clear [•v-I any cur aaDxar+� A nnrd•ve,cry y,llTxq ]llau Ix rTridrd m rn &n,v,M%y age's re%-=M+rr•nGy7y I: -Kw 4M,1s PROPOSEDIMPROvEMENTS 0 Prnjen , .. - .I I ..I ,y © Enehancas I .,lUrr pavers aLvnsry dnwv also Q Naturargreycon -Wewlhrerardanthnlshand sawa�rja�Mya� Yrntkways Q Tot Lot RaZr41Jnd with rubberized surfaring tvr Ages 2-Ti © Scroren wal: Vailh sWccp Finish Ili match cowing a; aang let leman Street. Q Lm"rig Lila Eihrarlom plonwr to[emoln as -Is Enchanw peahstrlan pff—rn Wnh bandln[g 0 I WsidLruiai Pm1o,, th Sueen Nail 0 /Kcrenl Palms and Tr-mM.:1t rain ,rY-h, , ar entry M Exisurg props: _. •_' W Evisbnq Tra-n Lnr ). i In_ to r . aS'i�, M NLm patmway Warllhg IdAdjaOern Park Xtch,dtng h&wdpening within e]rlsv,sg r J. M Solid I C: t r r,:3" =.r'3r1e eartOw. �lD m Rhcmatrvrlal .: _ I I I I •_cCfrrippr�'d Goa trite >aTalrtn M ra crda:xrsal RCrrC Arm. LANDSCAPE TABULATIONS TAN I.rVYa[.'p1rA{S4 9P..F TSarfA*r riwipmwn& ', . 1r0t w,w m f ka 0 5.- 1 rw, *net. PARKING LOT LANDSCAPE TABULATIONS REQUIREMENT REQUIRED PROVIDED natrvM1y L•1..4 �n;y/��tii']IarE�: i 3l,i SF --- _-- at`fl%wgre hAs PukML.Ab . Era, [Tli Yakl-p 1c. w,rhi Q"ti�salwr�so.cvs II',5rs� riy176 SF rt lel7�xd[a hmrtrr pru:rlyA��ax �;. ol�aTaE�cs•w.p�Fsraarg Ala rslusated e115 }arrf mlrlM, Pel4kaara..+r�r.lunw,;I GENERAL NOTES A Fort-d:r:+me �la^c rhnu norawatzy vaiw ctlxamenl 6`4 tro,x, 01AUM Ana groundd"L E LAndscape WxYrit—ea. shall 1mr,Ty {a -Ay. sa yet, smrrn dram mser--C t and ❑Face planting Lm tiD accordingly m in a City of La QunLa reaul mLc C AS r *&m h{ndy.apr. nir.sx sod kse rwe.[a++ae dy v 11Pax tx C-Av of La Cti.Ilrlta requirelrrents. a AE exaany s-.reel trm shall be muLumca rr. praca. addlrwiAl af- gar ise TI¢�M r 2Y rrc r°glkM rr Q11Wnq xrm iv: n wv dvud Or in earn cartui;w' -rur,rinp, I; HMO Irrlyatcn, and Fool bandfvshel ccnfarft to LNN]rF.at A Fa ,Try WIhe wd')nR. 7rFF Y•f pl,cwr Wrl rt War Furl Jewinulwlion W pi-xibu Ir,Kglrcal5 alwr f:Ile grading 4nd rwn1w.we Instillobw rc cornlslati. E nrr sroo- lrrpnr,Tmrrn W�nsTa be anpmacd vy IrCvYvIKk CFa tcasuanrCM df curs[rucLian calrn]r IARIGATiON NOTES a^ 3 turor[ !rnglwi,r stem spat Ge rnsmi$d in Mwide ovmra�fFar ap (&Sting aRa65hOrirr On[I,g afar LD4Y I�fecirC1llClh lm�ipnori shall f]Nr'rlr itUrrrrm,f ru0er for lrCtlx Ord.'rri YMn x rtWllnttm 55atsr Ipffi Hurt m ti@[ilr rLTr/i Ihlgpt>k, crrtvt+,r rf,rY usa f,lt}h gUi1Cy uuffr+Mic Comrd -OFL-&C Lmlkys zinc MNY rncexsapr--I;MK]n -Cuvr ant At Ypprldrts sT,o! be elrl ca{rnerw. bd Ail drip nynAn VWi kade[,r -1y lit•,cre,J Per Lw mz Ldwturw+prd (iPslpn ryrnrte•erc Al iLgjtii n rr�rral m+er>G SF:j l rplknx the City cf to Quints Guo-Mrxeefo, Hater etf [lent landscapes The esrrnated applied carer use aliu y hx the;3rdsrape not o*c ed dh. kPWA saiculadm Tf14A tyGe �f f'I@adRr 5��r.+a rhwkjhourthrryrr will4x Oro T#e=irwF'_I+nass3De PW rrgl�l{,Atilrry,ilranr L' Yw ri III illy RIr L,y Qto7L;j Wow" Ef}icprey prCSrWrKa ano r�7itrJxWLa V,dlejr W+urr Cfi wx% La:^dsr_� ya=lsf lrr.ya:cn Sy t nn Dr 9D'dErnxa. PLANTING MOTES TF,rt �cgcTgrt¢Ra�t myts w i5 ba-W qn C4lt A-} s-vn tft:, wd,T"rRrnxrernrrderiho A'flarenpart:asefrail L6 .pu ❑vm�p�ared��,w�n aPP^PP'�� sat drrx rxr•e+t� iert&�rs. and ,V,�vve pplLR.nrm b..d Lg—a5 1.p cfrO 2F cgmr .iral sutadrtysal sa pie raker. F rn ra sp C,r nd Ca.Rrsgr pe3{et mach seal I lil In Getf ttie mhrubsw shlsid Lhe eat !rrm IYaf vlPy caapcsrar�.c+cart and rKrrsaf. AA Inc Fbrr+arld iYrue Ceasanen br grtrye<r+ttiched to nclp ra www W a t. I Mw ehp mI wrr wilum are rse ear waaei ypryth Ylyr.at,radl ahtlll CW dkvnw wylaa.+r *, Ihlrr rwLvi M-ymt Ail a PALM 1 TREE LEGEND SHRUBS AND GRCIUNDCOVERS LEGEND 5YM H&ME 01ba . PALM SYM NAME '— wmm MUMti I„a WUML5 ?novW [1ve�+Qa *]9r11a]" Fi un, 3'4j MIN. SCREENiNr SHRUBS Nm[ra cwn • M'..rr, � � la•r.�.i{ryf�rnr.rf' a��l'u'6F. ri •=''-"F '.fir .YSAT.j1HbP vrrlrrrlY rceHir keLw Ylauo .i�-n y...'. I�xlm a.xT.rW+.lrtw.. 17AN0 TREES [rvommnxra srryi MEM1,t:Irmrrlwin nfy -•.�• r+ec4m nw nr;ir +:car ::11a_]EViMAICM ...Ji rCn i9•YW.4rtfj tIT/��herWr(V4aKr+rn 4cs,ax, SXRV ES AND po *"r ..1+ IRk l�rrr •rVr+r:.r.+r I. r.+nlVm rn 1lr9'rn -c`oc r�r rll nrrl, :dx Aa m 7�F� +�'vm ��a :n. ._mvsrm�mrr.r.c iu' Mra�m �uy,o }x-Ea I1L.�rr•7c, S1ts L,L� �.'ali �ishm WNrh1{vr%aIJ vim_ 4.lvv�.lm .a'h_r, itrru[ uSna.n [belanhvysrt.ln ��.r 4nvLsM terl.y.� _.T.-. clnir'n�l4m Y'Sirs rA -IWO p.lrlimry sr I.a� iarPa x� =W. , 'L'W ree�aMra.ncex rssnxr� avq 5rxq da�w aE� Crurradc3�d, •v0! CxL•k.xo Sic IN_ CA- —3¢ to s.-x +k— Lrvr I:e+ar Yates+ RS\�4r, LRdtArYt f�Pr,07x1r+ i�r, Tarrntn[a. WBI 1— ac.Y COURTYARD &CLINT TREE [t*rKc�w+.� s::K .e•. xMir+ba[jaa�► I.:a� F,bANn ,Slwarmaei r�I,u iiiHr]MMF .t{ilb . {.�S'n� ` Vra' �lv r,ar Ax Y,aari Er.nrr vsriSiB �:lJ Myah, ahh!aan+N•N]n+. .v M'ri tww i &haae,r -. rx � ,r �i�[ivrrru•-x YERWALL SCREEN tlmlepuuny e n �r„..azr...a �.� 5',T,x ClWrmnSma,cr Y.•au .i]e�NCawaYa'+ ,,_� Lre. 'irMa ren+nAY! rrr. L — �L..7 GVG ]:P- [moorxR�V :d0. I ran Seri $y i;Y xrrn.lor5tudliL '�.4 text' yahaiv �x41r� I:w LMr adv=�rve L[1L ,tl'q.Hniti NVr .ti�l 1enIYlr :a'flr La�rnR�+:,irw'w 91i [Ira w.IWr.^riJal' 'iA Nltllfn y�o W}nla A. r„ylii.r�nl�lA rl{try +irx .w. a,•.� wry. .. ,�. �rsrixs�rtrw4 Figure 27: Conceptual Landscape Plan - Multifamily CONCEPTUAL LANDSCAPE LANDSCAPE PLAN t E Or rN 0 N tP} {1j LU z 1—F z 0 th LU W ❑ L z 0 0 LL I kn ErrR� U Lag U li In L W I 01 Sheet I of 3 May 2024 66 426 Specific Plan Jefferson Square ADJACENT PARK FENCES AND WALLS LEGEND Ex,sreng property I.iLG C-MJ Yva=l, plaster, andl • f -_ tX lobular s[ncl fericing La b0 pmwciea in i— place. Property Una Wap HPlght; E slsting tv remain - — -�r�ypa-r7y LmWEn-,4 in; CMt.! Wifll �N EnrlgL-vEmu walW05t4C'vfir!6h 1- it o[ Work along Jerferson Sti-GeL • 'vjal:l:•riht Emstingtorizmairn l rlc�h owc-mu avallwith Stucco a' lr s. LS "� li ! '{ � IL- -- •:::n existing a!on9Jpf�arsnn stneet c.'p"Hiry .:iAwspawallwctrr.11cCnlsh IJ -.trvd2[I Tar apwr('- l by the Or sWbrr.ltial, irnlg9lH yi,rlrhnulr IIINNill - '!HHFj'I �. ,•.Ir 6[: Ipnnl Snckxsurefp,t2 __ _ �r•r to drl : I : -1 far r of—erce I 8. 0" H'gh decorative screcr wal. Design m tie reviewed rur appfavl by the City per M> - j separate au6mdtal Q Q - - i i Mlonumettlativrl signagQ by sigr.age m - f I Cnrp,,llanl Desgn to :'e.. rwVieweij for � z rniiio In,i liin•Ilitllilriil111iiP `— _� appravDIbythe GLyperscparitrsubmitt-al. r - - it � 3-G High dPcoratvzzreenwall �r4r1� i� �p'-�-�1 � 12'i5' •aighvertKal'and,capescreen e WALL AND FENCE MATERIAL AND COLOR NOTE I - • �7s Ai Larrtla—pe A—fl- tt Lee 21— —d m.�ETI.4 • rrrrrrr' • -' - rr•arrh rrrornrilirrn�nr th:-hr^hlYeRurr. L � _ ■ 1 Limit of Work 1 t- =Tri r. Property Linz I Right of Way 1 t F F F Ft S U N S T R ,` t: T Proneny Llne1 Right. of way PLAN PLAN DETAIL 01: POOL MCIOSURE FENCE r RC Y{k 6%wpP/¢ R915 I ir ■4 x I a o- xs w,•LnszrnLarcutrtux•law,er cawroevaorll # �t6• T iINIAm xrrf l IO.AYC&Try yy��Iw m LL YEN 11 �/fF'W,4rA r1SF1 A�F+F r0.G SOIIB lop Iximi ro mureeorrnu■ lal Irnrlw �}p� Ilr�.Ik SYIL,C8E ��11� # Iri rnLli M u51 Thr NF 9CU6] rr� R /441i ft VrIviM4MrtILYN Yw t1Y. Ire n!r �5 larq llnwe wva,e orwwmn I � N4t6 HRlY.•L k1C6 PRTEEJ0r11 r nlwzr�iti r I ',� I �npu¢r.rurrra r;.r I fla I>vrr�m�a■aurr �i.swua�u �vrertre ran rcr,l e,v r,t9 SECTION A. PROPOSED LANDSCAPE SCREENING FORADJACENT NEIGNPORS SECTION a' -n - -- - -- --- -- — - ---- '..1— CONCEPTUAL FENCE AND WALL, AND SCREENING PLAN Figure 27: Conceptual Landscape Plan — Multifamily CD - i fl� z LJJ Lu❑ �< 0 � Ll! Ln u Z Z Q r�r� L LJ ix CL Y+ Lid V L Ln L LL. LU 1 0 Sheet 2 of 3 May 2024 67 427 Specific Plan Jefferson Square YxV DC; Ladder ' Access zone 44' WISE ❑.G. I PROPOSED IMPPOVEMENT5 {I 0 Enhanced Ixdestrlan paverswith tmnding I © Atlbl Fork haver rleld With CanClng Now nsi grew concr@t@ vwIr Ma v fluoular sttpool encwure fencing j I © T,! u.U, 1e-i SteLWtd gale ky Hirgn spa acct!M wall Ir Tlvvli String llghting muhead I Q F-40 pit vrlLh AOImG atCk so4irtg xD0 aw Llheslc tul I 0 13BO Loninlci with 2 vllls 0 sided rlrealxe voth TV rTwur ck and soft wall, i m CalTarawutY mingexalrTy 0 [:,arse lounges with side table ® Largo dirdhg L36 a W11h rh— M a p1C3n oeror oSkO w.11I C3 G,ning taple and [heirs wllh urnbrP.Ila Q iy' k-i,=,H sc a: wn11 j GENERAL NOTES VA firellurd�,cse.�la�s�'nC �-iV sFc�n•dao.�tol vcQ siric. arlagr P l�Nshrnr.'4Yap+tYlfy uilry,sp,Y�[s.arrm r}'.,rl ! ee�Trint and okra plx'rirg k]®nprn, acmdirs{Fr�n mean Ckyd I a CA�:3 rrqursTYWnts Al req-,?d ard-warr—srial lr rrW awwd byvviv- Pa 0-CL.Y d 0 4ue-m wraurvmP-gr, 4W 41 Al kM51r'f349[I@N TA.e 4ial Ere praWLItl n 00= adClk&W 7r,'tacaae r�agrardrlaan-,WLetequred lre�, g {iJ :L'eg +.Tees ar dsxia n pr ,=id" Planing 9awng, ,rlcwiln.Y orrr trV•FiS Oiil rrNNrNn'. rrY l.arYis j,? {1� 8 Fcea�+Y spec'✓' icdJ iris TieE ftipkr.A1Y Nr R4#_ 1 �r1N denrirtkYim sf irtci�tcatirxsal�i fire g�frng arcl L(} rkidG�-aPC rsulkAlcr. ncV.lrlpllow 5 '. 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I ` My Lrs*r g2M mlir si-Wf Fill ri ber4A4— LShryj=M ttreidtlT �iF—the uj-Lwapo-4:.atunurd—df r I All T}TL �Yer.,r_x ors FFrYka nods evaY m grn.el rrlrJcFxJ Ln halo �+ WnW evinw kfw 9. grlf twrp?, R-m And mo L.;*wpY9 LU d J it SY� • I I]rpyY7i The7hrutasrui be dlr.Y.ef61U WSArr ri I}xi �Tyttrn /�/ _ IGr'Y'S AN LYYIkdptl Yt'pitlAAfGf Ltic Gtyd Ln ' QwFrt-ACUwk*naS — IRRIGATION NOTE5 < ar,a,eenvd�nyxaY ly�[efiY 51'n'�kcnTslaird to piaAdE r .y W Co W4,p iv al ptar" M;F 5Fvw Cn ti-PL;n w. pitiipr2rlu'I tS�li%YTx3"{•i111 fxT+1i�L 51.IPiiritYA M*L hr !wV MI Pgrr rpovtnwnh a rnrInnuM woFx bD6 duo mwetertip-dF. z itrloan--sr.2rns slat use hdi rlriMy auLtxrWK ax= T 0 px trdlGr�s and aher rt�ary irr on tq spr.Tp•nL i r y Ab cartwrerl vQd tx OFrwl•o7Tc6w ff%W&W Id drip V syslrorr r wl fx L aG s ' rmxl ar+l+t akdRaa p6r trs Ld rtylfMlraauel5 mp7—erTd�d dr_ npw.-rncS PJI '� Q rr+gatm rnprb—r nerls shall Uk— Lhe L']q•d1PQ*— fal lerm,a Theesirow a A4 aarkwu waspdngacia W TRANSFORMER AND UTILITIES AOTE a Sne4i4NANA ar[ " � V103*vdr!sky a and urlltp55hpil be ccwenec seTxYthsxgTm[3iesitev.T7l he.>F1P TTte bra LarTd-s�pe pn¢'�IagrrC]rpnplop�cy>'AUitTlei Yydi�:.2t,nra •Nate, U- I_I Z UsLl",.; Irl C3rW la crnPrOW VHi anthd:e Erna,.r><y�rr*� mltFrCoar:hr.+av,AkyVvar•tM"--L�. W Immthe puhucrgh[-oF wcy. 1.7i1oGC ipTq and lrngatpr. 3yytCm, Lk.; ]r, Y�kv]iCf• � . 03 POOL AND PLAZA ENLAPGEMENT Figure 27: Conceptual Landscape Plan - Multifamily Sheet 3 of 3 May 2024 68 428 Specific Plan Jefferson Square VI. OPERATIONAL GUIDELINES A. HOURS OF OPERATION The retail uses on site will operate from 6:00 AM to 12:00 AM, Monday through Sunday. Any Market or Drug Store would also be open 24 hours a day, seven days a week. B. TRANSPORTATION DEMAND MANAGEMENT According to the guidelines contained in the City's Transportation Demand Ordinance (Section 9.180.030), this project may be required to make provisions for transportation demand management. If the City deems necessary, the project shall incorporate the following measures: • The project shall make provisions for bicycle racks in accordance with the City Zoning Code. • The project shall identify a Transportation Demand Coordinator to promote participation in TDM programs among employees. • The TDM Coordinator shall encourage ride sharing, bus ridership, telecommuting, flexible work schedules, and other TDM programs as feasible and appropriate. C. MAINTENANCE Maintenance of buildings, parking facilities, common walkways and landscaped areas, sewers, drainage facilities, utilities, and any other improvements not dedicated to public use shall be maintained by the project's Building Management Association. Residential units shall be maintained by the Residential Property Manager. On -site facilities and landscaping shall be maintained in a clean, attractive, and safe condition in accordance with City regulations. May 2024 69 429 Specific Plan Jefferson Square VII. PLAN ADMINISTRATION AND IMPLEMENTATION The purpose of this section is to provide an outline of the steps necessary to implement the Specific Plan and applicable conditions, mitigation measures, and regulations in coordination with the City and other governing public agencies. The approval of this Specific Plan, and adoption of conditions of approval and a Mitigation Monitoring and Reporting Program (MMRP) will assure that timely mitigation of project impacts take place at the appropriate milestones and in accordance with project implementation. A. ADMINISTRATION Administrative Changes It is the intent of the Specific Plan to provide design flexibility with respect to the interpretation of this document and any proposed project design programs. Minor modifications to the approved Specific Plan are allowed at the discretion of the Director of Design and Development or designee. Minor Modifications to the Specific Plan must be consistent with the purpose and intent of the Specific Plan. After such an administrative change has been approved, it shall be attached to the Specific Plan as an addendum. The following minor modifications qualify for an administrative change: • Modifications necessary to comply with final Conditions of Approval or mitigation measures; • Addition of information to the Specific Plan (including maps or text) for purposes of clarification that does not change the intent of any plan or regulation, as well as correction of any clerical or grammatical errors; • Adjustments to the alignment, location and sizing of utilities and facilities or a change in utility and/or public service provider may be approved by the City's Engineering or Public Works Department so long as the adjustments or changes are found to be in compliance with applicable plans and standards of the agency responsible for such utilities and facilities; • Variation in the number and type of dwelling units within PA2, so long as the unit count does not exceed 95 units; • Alternative PA2 amenities in conformance with Section I I I.B. which align with the needs and desires of the target residents with the intent of creating a vibrant and comfortable community environment; • Minor (10% or less) adjustments to any of the development standards or regulations listed in Tables 6 and 7 in accordance with LQMC § 9.210.040; • Changes to the site layout, building design, building materials and colors, landscape materials, entry design, and streetscape design which are consistent with the design criteria set forth in the Design Guidelines of the Specific Plan; and • Increases or decreases in parcel sizes, so long as any change meets the minimum parcel size requirements of the Specific Plan. Non -Administrative Changes Proposed changes not in conformance with the intent of the Specific Plan shall require City Council approval and be processed in accordance with the procedures provided in LQMC § 9.240. May 2024 70 430 Specific Plan Jefferson Square B. IMPLEMENTATION The implementation of the provisions of this Specific Plan shall be by the following: • The City of La Quinta Design & Development Department shall enforce the development standards and design guidelines set forth herein. • In the case of uncertainty or ambiguity in the meaning or intent of any provision of this Specific Plan, the Design and Development Director or designee has the authority to interpret the intent of the provision. • Any administrative decision or interpretation of this Specific Plan may be appealed to the Planning Commission. Likewise, any decision by the Planning Commission may be appealed to the City Council per LQMC §9.200.1 10. • The City of La Quints shall administer the provisions of this Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the City of La Quinta General Plan and the LQMC. • The Specific Plan development procedures, regulations, standards, and specifications shall supersede the relevant provisions of the City's Municipal Code, as they currently exist or may be amended in the future. • All regulations, conditions and programs contained herein shall be deemed separate distinct and independent provisions of this Specific Plan. If any such provision is held invalid or unconstitutional, the validity of all the remaining provisions of this Specific Plan shall not be affected. • Any development regulation and building requirement not addressed in this Specific Plan shall be subject to all relevant City of La Quinta ordinances, codes, and regulations. May 2024 71 431 Specific Plan Jefferson Square Appendix A GENERAL PLAN CONSISTENCY ANALYSIS May 2024 72 432 Specific Plan Jefferson Square LAND USE ELEMENT Policy No. Policy Consistency Goal LU- I Land use compatibility throughout the City. Policy LU 1.1 The Land Use Map shall implement the goals The Specific Plan area is located at the and policies of the Land Use Element and the southwest corner of Fred Waring Drive and other Elements of this General Plan. Jefferson Street. The Specific Plan area Land Use designation is CG General Commercial and is subject to the MU Mixed Use Overlay as introduced in the 2035 General Plan. The Specific Plan area shall serve as a mix of commercial and multifamily uses consistent with the CG General Commercial Land Use designation and MU Mixed Use Overlay District. Goal LU-2 High quality design that complements and enhances the City. Policy LU 2.1 Changes and variations from the Zoning This Specific Plan includes land use and Ordinance in a Specific Plan will be offset by development regulations (Section IV) and high quality design, amenities and mix of land design guidelines (Section V) that will allow a uses. mix of commercial and multifamily uses of high quality and cohesive design character. Architectural design guidelines require Mediterranean architecture with the use of high -quality finishes and materials, and lush landscape improvements. The Specific Plan area shall include pedestrian connections with a plaza and other pedestrian friendly features. Residents shall benefit from a variety of amenities such as a swimming pool, indoor gym, community room, tot -lots and outdoor walking areas. Pedestrian walkways shall be well landscaped. Policy LU 2.2 Specific Plans shall be required for projects The Specific Plan approval dates back nearly proposing the integration of recreation, 20 years, followed by the approval of Specific tourist commercial and residential uses; and Plan Amendment No. I and Specific Plan for all projects proposing flexible Amendment No. 2 in 2005 and 2008, development standards that differ from the respectively. Planning Area I is fully built out Zoning Ordinance. with nearly 39,000 sq. ft. of commercial retail. Planning Area 2 has remained vacant for nearly 15 years as retail demand has faltered over the past 10 years. Specific Plan Amendment No. 3 provides flexible design standards that differ from the Zoning Ordinance but remain in -line with the City's mixed use overlay development standards. Policy LU 2.3 The City's outdoor lighting ordinance will be The outdoor lighting contained within the maintained. site will not produce significant light or glare that would adversely affect day or nighttime views in the area. New light sources will be similar to the existing lighting patterns in the area and will comply with the City's lighting ordinance. Goal LU-3 Safe and identifiable neighborhoods that provide a sense of place. May 2024 73 433 Specific Plan Jefferson Square Policy LU 3.1 Policy LU 3.3 Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern. Maintain residential development standards including setbacks, height, pad elevations and other design and performance standards that assure a high quality of development in the Zoning Ordinance. The Specific Plan area is located at the southwest corner of Fred Waring Drive and Jefferson Street, two major arterial roadways with 120-foot-wide rights -of -way. The Esplanade single-family residential subdivision is located directly across Fred Waring Drive, north of the Specific Plan area. The property to the east of Jefferson Street is within the City of Indio's jurisdictional boundaries and has been developed as a retail center. The Heritage Palms Golf Resort is located across Jefferson Street to the southeast. Land use immediately west of the site includes an existing well site, City park, and a retention basin associated with the residential Monticello subdivision, which is located further to the west and directly south. The Specific Plan area is separated from the Monticello subdivision and neighboring park by a six -foot -high masonry wall and landscape improvements. The Specific Plan places its housing component (Planning Area 2) to the south of the project to serve as a buffer between the commercial uses and Monticello subdivision. Canopy trees and a 12-foot tall landscaped hedge shall line the southern property line to provide privacy between any proposed 2-story units within 75 feet of the southern property line and adjacent to the existing single-family homes. Planning Area 2 shall be developed with high quality Mediterranean architecture that complements the surrounding communities and existing retail uses. Planning Area 2 of the Specific Plan is a designated mixed -use zone that allows multifamily housing in addition to commercial uses. Section IV B outlines land use and development standards including setbacks, height, parking standards, and other design and performance standards that assure a high quality of development. Goal LU-4 Maintenance and protection of existing neighborhoods. Policy LU 4.1 Encourage compatible development adjacent The Specific Plan area is located at the to existing neighborhoods and infrastructure. southwest corner of Fred Waring Drive and Jefferson Street, two major arterial roadways. The Specific Plan area is surrounded by single-family residential to the north and south, a city park to the west and retail to the east. The Specific Plan designates two Planning Areas: (i) Planning Area I which is located on the northern half of the site closest to the high traffic intersection and designated for commercial retail uses, and (ii) Planning Area 2 which is located on the May 2024 74 434 Specific Plan Jefferson Square southern half of the site closest to the Monticello subdivision and designated for multifamily or commercial retail uses. Planning Area 2 serves as a buffer between the commercial uses and Monticello subdivision. Water, sewer, electrical, gas and telecommunication utilities are currently stubbed to the site and readily available for future development. Goal LU-5 A broad range of housing types and choices for all residents of the City. Policy LU 5.2 Consider changes in market demand in The City updated the Housing Element in residential product type to meet the needs of 2022. The City's RHNA is 1,530 units for the current and future residents. 2022-2029 planning period. The RHNA includes housing planning goals for very low, low, moderate, and above -moderate income households. Table 11-30 of the 2022 Housing Element indicates that as of 2019, 78 percent of the City's housing stock consists of single- family detached units. Multifamily projects in the form of five or more units accounted for a mere 6.5 percent of the City's housing stock. The Specific Plan designates Planning Area 2 as a potential multifamily project area which would help further diversify the City's housing offerings with apartments, condominiums, or townhomes. These units will incorporate current market trends that include the "work from home" spaces, recreational amenities, electric vehicle plugin stations, and water and power efficient fixtures. Goal LU-6 A balanced and varied economic base which provides a broad range of goods and services to the City's residents and the region. Policy LU 6 1 Commercial land use designations shall allow Planning Area I of the Specific Plan area is an a full range of retail, office, resort, and established retail center that offers a wide institutional businesses in the City. variety of goods and services. Goal LU-7 Innovative land uses in the Village and on Highway I 11. Policy LU-7.1 Encourage the use of mixed -use development The Specific Plan proposes a horizontally in appropriate locations. mixed -use development project in an existing commercial retail center. Planning Area 2 of the Specific Plan area remains undeveloped due to low demand for retail uses at this location. The Specific Plan designates Planning Area 2 as a mixed -use zone with the potential for fully integrated multifamily uses on the site. Policy LU-7.4 Develop incentives for Mixed Use project. The Specific Plan specifies reduced covered parking standards and parking garage design Program LU-7.4a: Consider density bonuses, dimensions. See Table 6. modified parking requirements, expedited entitlement and building permit processing and fee waivers for Mixed Use projects. May 2024 75 435 Specific Plan Jefferson Square CIRCULATION ELEMENT Policy No. Policy Consistency A transportation and circulation network that efficiently, safely, and economically moves Goal CIR- I people, vehicles, and goods using facilities that meet the current demands and projected needs of the City. Policy CIR 1.12 As a means of reducing vehicular traffic on The Specific Plan allows multifamily in major roadways and to reduce vehicle miles Planning Area 2. A mixed -use development traveled by traffic originating in the City, the project would provide inter -connections City shall pursue development of a land use between uses, which would allow residents pattern that maximizes interactions between and businesses to co -exist without conflict adjacent or nearby land uses. and provide residents with adjacent work and shopping opportunities that do not necessitate vehicle travel. Having commercial uses close by inherently encourages walking and bicycle -riding rather than driving a car. Goal CIR-2 A circulation system that promotes and enhances transit, alternative vehicle, bicycle, and edestrian networks. Policy CIR-2.3 Develop and encourage the use of The project would provide inter -connections continuous and convenient pedestrian and between uses, allowing residents and bicycle routes and multi -use paths to places businesses to co -exist without conflict, and of employment, recreation, shopping, providing residents with work and shopping schools, and other high activity areas with opportunities that do not include their cars. potential for increased pedestrian, bicycle, Having commercial uses close by inherently golf cart /NEV modes of travel. encourages walking and bicycle -riding rather than driving a car. Multifamily development amenities could include a bicycle storage room to further encourage the use of bicycles. Finally, nearby Sunline Transit stops are located on Fred Warning Drive. The project also provides a direct pedestrian connection to Monticello Park for guests and residents. LIVABLE COMMUNITY ELEMENT Policy No. Policy Consistency Goal SC- I A community that provides the best possible quality of life for all its residents. Policy SC 1.2 Reduce water consumption at a minimum The development will meet the CALGreen consistent with the Greenhouse Gas code which requires water conservation, high Reduction Plan (also see Air Quality efficiency plumbing fixtures and fittings such Element). as toilets, water heaters and faucets. Water efficient landscape materials, including drought tolerant plants, with drip irrigation will be used wherever possible as a means of conserving water resources. Policy SC 1.3 Encourage the use of more environmentally This Specific Plan area's storm water friendly storm water management techniques management system incorporates two above such as bioswales, permeable surfaces and ground retention ponds as well as one other methods as they are developed, in all underground infiltration basin. Refer to new development. Section III. E. Drainage Plan for more detailed information. May 2024 76 436 Specific Plan Jefferson Square Policy SC 1.5 All new development shall include resource The development will meet CALGreen and efficient development principles. California Building Energy Efficiency Standards. These codes are designed to provide increasingly stringent energy efficiency standards, leading to eventual requirements for net zero construction. ECONOMIC DEVELOPMENT ELEMENT Policy No. Policy Consistency Goal ED- I A balanced and varied economic base which provides fiscal stability to the City, and a broad range of goods and services to its residents and the region. Policy ED-1.1 The Land Use Element shall maintain a The Specific Plan provides mixed use balance of land use designations to address development standards and design guidelines economic needs, meet market demand, and that provide development flexibility to assure assure a wide range of development future projects are designed to meet market demand and provide a wide range of opportunities. development opportunities. HOUSING ELEMENT Policy No. Policy Consistency Goal H- I Provide housing opportunities that meet the diverse needs of the City's existing and projected o ulation. Policy H 1.3 Direct new housing development to viable The Specific Plan area is located in an areas where essential public facilities can be established neighborhood in close proximity provided and employment opportunities, to employment opportunities, educational educational facilities, and commercial support facilities, and commercial goods and services. are available. Existing onsite uses offer commercial goods and services, and a commercial retail center is located directly adjacent to the site. Public elementary and middle schools are within 1.0 mile of the Specific Plan area and La Quinta High School is approximately 1.6 miles from the site. Desert Sands Unified School District office, La Quinta Resort and Walmart Supercenter, the City's three largest employers are all located within 6.0 miles from the site. Goal H-2 Assist in the creation and provision of resources to support housing for lower and moderate - income households. Policy H 2.1 Increase housing choices for lower and As of 2019, 78% of the City's housing stock moderate -income households. was made up of single-family detached product type. This product type is typically more expensive than other product types (condominiums, townhomes, and apartments). The Specific Plan will provide development opportunity for underserved, less expensive housing types (condominiums, townhomes, and apartments). Goal H-3 Create a regulatory system that does not unduly constrain the maintenance, improvement, and development of housing affordable to all La Quinta residents. May 2024 77 437 Specific Plan Jefferson Square Policy H 3.1 Remove unnecessary regulatory constraints The Specific Plan will allow the development to enable the construction or rehabilitation of underserved, less expensive housing types of housing that meets the needs of La Quinta (condominiums, townhomes, and residents, including lower income and special apartments) in the City. needs residents. Provide a regulatory framework that facilitates and encourages energy and water Goal H-6 conservation through sustainable site planning, project design, and green technologies and building materials. Policy H 6.1 Promote higher density and compact The Specific Plan allows high density developments that increase energy efficiency residential development (12 — 24 units per and reduce land consumption. acre) on site. The Specific Plan envisions a clustering of units of varying product types in a compact footprint designed to increase energy efficiency and reduce land consumption. Policy H-6.4 Focus sustainability efforts on measures and The Specific Plan will incorporate CALGreen techniques that also assist the occupant in and California Building Energy Efficiency reducing energy costs; therefore, reducing Standards. Housing will incorporate high housing costs. efficiency plumbing fixtures, energy efficient lighting fixtures and appliances, energy efficient windows and drought tolerant landscaping with low flow watering systems. Additionally, electric vehicle plug in stations will be provided for select residential units. AIR QUALITY ELEMENT Policy No. Policy Consistency Goal AQ-I A reduction in all air emissions generated within the City. Policy AQ 1.3 Work to reduce emissions from mobile Mixed -use development in the Specific Plan sources by encouraging a decrease in the area would reduce the amount of vehicle number of vehicle trips and vehicle miles trips and VMT by locating residents in traveled. proximity to services, employment, and public transportation. Additionally, alternative forms of travel (walking and cycling) shall be encouraged through use of pedestrian connections provided to surrounding areas. Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive. The project would provide a pedestrian access network that internally links all uses and connects to all existing or external streets and pedestrian facilities contiguous with the project site. Policy AQ 1.5 Ensure all construction activities minimize All construction activities will abide by emissions of all air quality pollutants. construction requirements set forth by the City including the Fugitive Dust Control regulations. Policy AQ 1.6 Proposed development air quality emissions The project will be analyzed under the of criteria pollutants shall be analyzed under provisions of CEQA. CEQA. May 2024 78 438 Specific Plan Jefferson Square Policy AQ 1.7 Greenhouse gas emissions associated with a The proposed PA2 multifamily plan has been development project shall demonstrate analyzed for greenhouse gas emissions. The adherence to the City's GHG Reduction Plan. project is expected to result in GHG emissions totaling 646.43 MTCO2e per year from construction, area, energy, mobile sources, waste, and water usage sources, which is considerably below the pertinent screening level of 3,000 MTCO2e per year in compliance with AB 32, EO S-3-05, and the City's GHG Reduction Plan. As a result, the project is not expected to conflict with any applicable plan, policy, or regulation for the purpose of reducing GHG emissions. BIOLOGICAL RESOURCES ELEMENT Policy No. Policy Consistency Goal BIO- I The protection and preservation of native and environmentally significant biological resources and their habitats. Policy BIO 1.4 Comply with the requirements of the Development projects shall comply with the Migratory Bird Treaty Act (META). requirements of the Migratory Bird Treaty Act M BTA . Policy BIO 1.6 Native desert plant materials should be The Landscape Guidelines for this Specific incorporated into new development projects Plan include a California native and drought to the greatest extent possible. Invasive, non- tolerant landscape palette. The landscaping native species shall be discouraged. will be consistent and compatible with the surrounding context. CULTURAL RESOURCES ELEMENT Policy No. Policy Consistency Goal CUL- I The protection of significant archaeological, historic and paleontological resources which occur in the City. Policy CUL 1.1 All reasonable efforts should be made to On November 15, 2022, CRM Tech identify archaeological and historic resources conducted a field inspection of the PA2 in the City. project area. At that time, no historical/archaeological features or artifact deposits were encountered on the ground surface, which has been extensively disturbed by past grading, excavation, and other development activities. Currently an asphalt - paved parking lot occupies the northeastern and southwestern portions of the project area, with engineered earthen pads making up the rest of the acreage. Although the most recent field survey did not find any evidence of any cultural resources, the site has been sensitive for archaeological resources and could potentially contain additional subsurface archaeological resources. Therefore, mitigation in the form of a qualified archaeological and Tribal May 2024 79 439 Specific Plan Jefferson Square monitor during the excavation of any area located outside of the designated pad areas shall be required. With this mitigation measure, impacts to historical and archaeological resources are less than significant. WATER RESOURCES ELEMENT Policy No. Policy Consistency Goal WR-I The efficient use and conservation of the City's water resources. Policy WR 1.4 Protect storm water from pollution and The development is required to prepare a encourage its use to recharge the aquifer. Storm Water Pollution Prevention Plan (SWPPP) that complies with the La Quinta Drainage Area Management Plan (DAMP). NOISE ELEMENT Policy No. Policy Consistency Goal N-I A healthful noise environment which complements residential and resort character. Policy N I.I Noise standards in the City shall be Block walls (noise barriers) and rooftop consistent with the Community Noise and parapet walls will be provided to protect Land Use Compatibility scale described in this neighboring homes from noise sources. Element. Mechanical ventilation systems will be installed to permit windows to remain closed for prolonged periods of time to ensure traffic noise will not exceed interior noise standards. Policy N 1.2 New residential development located Through the completion of a Final Acoustical adjacent to any roadway identified in Table Report once plans are finalized, the project IVA as having a build out noise level in excess will comply with City noise standards. of 65 dBA shall continue to be required to submit a noise impact analysis in conjunction with the first Planning Department application, which demonstrates compliance with the City's noise standards. Policy N 1.3 New non-residential development located LSA completed a Noise and Vibration Impact adjacent to existing residential development, Analysis to identify the Specific Plan's noise sensitive receptors or residentially impacts on the neighboring sensitive designated land, shall be required to submit a receptors. The Noise and Vibration Impact noise impact analysis in conjunction with the Analysis demonstrates the proposed PA2 first Planning Department application, which development will generate less than demonstrates that it will not significantly significant impacts on those sensitive impact the adjacent residential development receptors due to operations of rooftop or residential land. mechanical ventilation equipment as levels will be below the applicable daytime and nighttime hourly noise level standards. May 2024 80 440 Specific Plan Jefferson Square Policy N 1.4 All Mixed Use projects shall be required to The project will comply with City noise submit a noise impact analysis in conjunction standards. with the first Planning Department application, which demonstrates compliance with the City`s noise standards. Policy N 1.5 All noise impact analysis will include, at a LSA completed a Noise and Vibration Impact minimum, short-term construction noise and Analysis to identify the Specific Plan's noise noise generated by the daily operation of the impacts on the neighboring sensitive project at build out. receptors. The Noise and Vibration Impact Analysis demonstrates the proposed PA2 development will generate less than significant impacts on those sensitive receptors with the implementation of construction vibration mitigation measures. These mitigation measures will be implemented during construction. SOILS AND GEOLOGY ELEMENT Policy No. Policy Consistency Goal GEO- I Protection of the residents' health and safety, and of their property, from geologic and seismic hazards. Policy GEO 1.4 The City shall require that all new structures All new development will require building be built in accordance with the latest adopted permits subject to the latest California version of the Building Code. Building Code Standards. FLOODING AND HYDROLOGY ELEMENT Policy No. Policy Consistency Goal FH- I Protection of the health, safety, and welfare of the community from flooding and hydrological hazards. Policy FH 1.6 Major drainage facilities, including debris The existing above ground drainage retention basins, retention/detention basins, and flood basins will remain in place. The basins are not control facilities shall provide for the designed for recreational use but will remain enhancement of wildlife habitat and open to wildlife habitat. community open space to the greatest extent feasible, while still maintaining their functional qualities. EMERGENCY SERVICES ELEMENT Policy No. Policy Consistency Goal ES- I An effective and comprehensive response to all emergency service needs. Policy ES 1.2 New development proposals shall continue All construction permits shall be subject to to be routed to the Fire Department to Fire Department review to assure necessary assure that project access and design provide safety standards are met. for maximum fire and life safety. May 2024 81 441 Specific Plan Jefferson Square Policy ES 1.6 New development proposals shall continue Development proposals shall be reviewed by to be routed to the Police Department to the Police Department to assure necessary assure that project access and design provide safety standards are met. for defensible space and maximum crime prevention while maintaining City design standards and codes. WATER, SEWER AND OTHER UTILITIES ELEMENT Policy No. Policy Consistency Goal UTL-I Domestic water facilities and services which adequately serve the existing and long-term needs of the City. Policy UTL 1.3 New development shall reduce its projected All development is required to meet water consumption rates over "business -as- CALGreen requirements with the required usual' consumption rates. use of low -flow fixtures and water efficient landscape and irrigation. Goal UTL-2 Sanitary sewer facilities and services which adequately serve the existing and long-term needs of the City. Policy UTL 2.1 All new development should be required to All development within the Specific Plan area connect to sanitary sewer service. will connect to existing onsite sanitary sewer service lines. May 2024 82 442 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 1 of 13 GENERAL The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers, and employees from any claim, action, or proceeding to attack, set aside, void, or annul the approval of this Specific Plan, Site Development Permit, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. 2. All the following approvals shall comply with all applicable conditions and mitigation measures: Environmental Assessment 2022-0012 Specific Plan 2022-0004 (SP 2002-062 Amendment 3) Tentative Tract Map 2022-0003 (TTM 38604) Site Development Permit 2022-0015 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Director of Design and Development shall adjudicate the conflict by determining the precedence. 3. Within 30 days of the approval of Specific Plan Amendment 2022-0004, the applicant shall provide the City with a final amended Specific Plan in PDF format, with all redlines converted to final text. 4. The Site Development Permit shall expire two years from City Council approval and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080 unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 5. Tentative Tract Map 2022-0003, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Website at www.laquintaca.gov. 6. Cross lot access shall be recorded across all lots and parcels within the Tentative Tract Map and adjacent recorded parcel map, which allows full access to and from all parts of the Specific Plan boundary. 443 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 2 of 13 7. Tentative Tract Map 2022-0003 shall expire three years from the approval date unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 13.12.160. 8. 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 (Development Services Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Design and Development Department - Planning and Building Divisions • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements for the permits and/or clearances from the above -listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 9. 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 Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 10. 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. 2012-0006-DWQ. 444 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 3 of 13 A. For construction activities including clearing, grading, or excavation of land that disturbs one (1) acre or more of land or that disturbs less than one (1) acre of land but which is a part of a construction project that encompasses more than one (1) acre of land, the 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. D. All erosion and sediment control BMPs 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. F. The inclusion in the Property Owners' or Homeowners' Association (POA or HOA) or 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. 11. 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 445 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 4 of 13 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. 12. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 13. Plans shall be prepared according to the applicable code at the time of submittal for a building permit. As of January 1, 2023, these are the 2022 California Building Codes. PROPERTY RIGHTS 14. 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 maintenance, construction, and reconstruction of essential improvements. 15. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the Property Owners Association over easements and other property rights necessary for construction and proper functioning of the proposed development, not limited to access rights over proposed and/or existing parking lot that access public streets and open space/drainage facilities of the master development. 16. The applicant shall furnish proof of easements or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. PARKING LOTS and ACCESS POINTS 17. The design of parking facilities shall conform to LQMC Chapter 9.150 and, in particular, the following: A. The parking spaces and aisle widths and the double hairpin stripe parking space design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where accessibility is required, including accessibility routes between buildings. 446 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 5 of 13 C. Building access points shall be shown on the Precise Grading Plans so that accessibility issues can be evaluated. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking space lengths shall be according to LQMC Chapter 9.150 and be a minimum of 18 feet in length with a 2-foot overhang for all parking spaces or as approved by the City Engineer. One van -accessible parking space is required per 6 accessible parking spaces. F. Drive aisles between parking spaces shall be a minimum of 26 feet, with access drive aisles to Public Streets a minimum of 30 feet or as approved by the City Engineer. A minimum of 20 feet on each side of approach drives shall be provided where divided by median islands and as approved by the City Engineer. 18. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 19. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete, and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 20. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. 21. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings, and specifications or as approved by the City 447 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 6 of 13 Engineer. Improvement plans for streets, access gates, and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS 22. 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. 23. 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). 24. 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. PM10 Plan 1" = 40' Horizontal B. Erosion Control Plan 1" = 40' Horizontal C. Final WQMP (Plan submitted in Report Form) D. On -Site Precise Grading 1" = 20' Horizontal NOTE: A through D are to be submitted concurrently. (Separate Storm Drain Plans if applicable) 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. "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. 448 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 7 of 13 25. 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.laguintaca.gov). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 26. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 27. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans that 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 plans previously submitted to the City revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of plan submittal. GRADING 28. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 29. 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. 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, and B. A preliminary geotechnical ("soils") report prepared by a professional registered in the State of California, and C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16 (Fugitive Dust Control), and 449 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 8 of 13 D. An Erosion Dust Control Plan showing 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), and E. A WQMP prepared by an authorized professional registered in the State of California, and F. A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements. All grading shall conform with the recommendations contained in the Preliminary Soils Report and shall be certified as being adequate by soils engineer or engineering geologist registered in the State of California. The applicant shall furnish security in a form acceptable to the City and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions. 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. 30. 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. 31. Building pad elevations on the precise grading plan submitted for the City Engineer's approval shall conform with pad elevations shown on the Site Development Permit Preliminary Grading Plans unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 32. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five -tenths of a foot (05) from the elevations shown on the Site Development Permit Preliminary Grading Plans, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 33. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. 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. 450 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 9 of 13 DRAINAGE 34. Stormwater handling shall conform with the approved hydrology and drainage report for Jefferson Square, SDP 2022-0015, or as approved by the City Engineer. 35. 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 eitherthe 1-hour, 3-hour, 6-hour, or24- hour event producing the greatest total runoff. 36. 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. 37. 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. 38. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager 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 or as approved by the City Engineer. 40. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation that 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 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. 451 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 10 of 13 42. 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. 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 all post -construction stormwater BMPs. UTILITIES 43. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 44. 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. 45. Underground utilities shall be installed prior to the overlying hardscape. For the installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located so as to not conflict with access aisles/entrances. 452 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 11 of 13 CONSTRUCTION 46. The City will conduct final inspections of habitable buildings only when the buildings have parking lot improvements and (if required) sidewalk access to publicly maintained streets. The improvements shall include required traffic control devices, pavement markings, and street name signs. LANDSCAPE AND IRRIGATION 47. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 48. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. Said landscaping shall be constantly maintained by the center owner with damaged, dead, or dying plant material immediately replaced with healthy plant material of equivalent size. 49. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 50. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 51. The applicant shall submit the final landscape plans for review, processing, and approval to the Design and Development Department in accordance with the Final Landscape Plan application process. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Design and Development Department 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 final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission's approval, the Planning Manager shall review and approve any such revisions to the landscape plan. 453 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 12 of 13 52. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5t" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 53. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 54. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 55. 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. 56. 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). FIRE DEPARTMENT 57. Fire Flow - Prior to building permit issuance, the applicant shall provide documentation showing a water system capable of delivering 4,000 gallons per minute at 20 psi for 4 hours duration. This fire flow calculation is based on Type VB building construction. The fire flow may be adjusted based on building construction type. 58. Fire Protection Water Supplies/Hydrants - The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with Riverside County Fire Department Guideline OFM-01 B. Prior to the issuance of building permits, plans for the water system shall be submitted to the Office of the Fire Marshal for review and approval. An approved water supply for fire protection shall be made available prior to the arrival of combustible materials on -site. 59. Fire Department Access shall comply with Riverside County Fire Department Guideline OFM-01A. Prior to the issuance of building permits, plans demonstrating compliance with the Fire Department Access requirements shall be submitted to the Office of the Fire Marshal for review and approval. Approved fire apparatus access roads shall be available during construction. 454 Resolution No. 2024-XXX Conditions of Approval - Recommended Specific Plan 2022-0004 (SP 2002-062 Amendment 3); Tentative Tract Map 2022-0003 (TTM 38604); Site Development Permit 2022-0015 Project: Jefferson Square Specific Plan Amendment No. 3 Location: Southwest Corner of Jefferson Street and Fred Waring Drive Adopted: December 3, 2024 Page 13 of 13 PLANNING COMMISSION 60. 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. 61. 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 ensure that the cultural resource in this area is not disturbed. 455 ATTACHMENT 1 City of La Qu i nta PUBLIC HEARING ITEM NO.2 CITY COUNCIL MEETING: November 19, 2024 STAFF REPORT AGENDA : ADOPT RESOLUTIONS ADOPTING MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2022-0012 AND APPROVING AN AMENDMENT TO THE JEFFERSON SQUARE SPECIFIC PLAN 2022-0004 (SP 2002-062, AMENDMENT 3), TENTATIVE TRACT MAP 2022-0003 (TTM 38604) AND SITE DEVELOPMENT PERMIT 2022-0015 FOR THE DEVELOPMENT OF MULTI- FAMILY RESIDENTIAL UNITS ON THE SOUTH HALF OF THE EXISTING JEFFERSON SQUARE COMMERCIAL CENTER; CEQA: A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED (EA 2022-0012); LOCATION: SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE RECOMMENDATION A. Adopt a resolution adopting the Mitigated Negative Declaration for the Jefferson Square project (EA 2022-0012). B. Adopt a resolution approving Specific Plan 2022-0004 (SP 2002-062, Amendment 3), Tentative Tract Map 2022-0003 (TTM 38604), and Site Development Permit 2022-0015. EXECUTIVE SUMMARY • The Jefferson Square Specific Plan was originally approved in 2004 for the entire 10± acre site and has been amended several times to change the types of commercial anchors that could be built on the site. • The applicant is requesting a Specific Plan Amendment (SPA), Tentative Tract Map (TTM), and Site Development Permit (SDP). The SPA would allow either commercial or multi -family residential development within the southern 5± acres of the site (Attachment 1). The TTM subdivides the southern portion of the site into three lots, and the SDP activates the SPA and proposes 89 multi -family units located on the southern half of the Jefferson Square Shopping Center. There are 71 units in a three-story building and a total of 18 units in 5 two and three story townhouse buildings to include carport spaces throughout and tuck under parking spaces within the townhouse buildings. • The proposal activates the Mixed Use Overlay, which applies to this and all other commercially zoned properties in the City. 456 FISCAL IMPACT The proposed project will generate development impact fees (DIF) and property tax to offset costs of providing services. BACKGROUND/ANALYSIS The Jefferson Square Specific Plan area encompasses a 10.3-acre commercial shopping center, of which 5.2 acres are developed and 5.1 acres are vacant (Attachment 3). The northern portion of the shopping center, developed in 2009, includes 39,000 square feet of commercial space — a pharmacy, a coffee shop, and several "in line" stores — distributed around a parking field (176 spaces) and drive aisles. The southern portion currently includes a parking field and drive aisles, as well as vacant pads where buildings were proposed as part of the original shopping center development. In addition, drainage improvements have been completed for the entire site, including existing retention basins and an underground drainage system. At various times since the original 2004 approval, commercial development has been proposed on the southern half. None has come to fruition, leading to the current proposal. The current General Plan allows for the creation of a Mixed Use Overlay in the City's Zoning Ordinance. That Overlay was developed and included in a Zoning Ordinance Amendment after the adoption of the General Plan in 2012. It allows all commercially zoned property in the City to develop under this Overlay, either as vertical or horizontal Mixed Use. If residential projects are proposed, they can have a density of up to 24 units per acre and are to develop to the standards of the High Density Residential zone. Specific Plan Amendment (SPA) The applicant proposes to amend the current Specific Plan to allow either commercial development or multi -family residential units in the south half of the site. As shown in Tables 4 and 5 of the Specific Plan (Exhibit A of the project Resolution), the SPA would allow up to 95 residential units or 47,500 square feet of commercial space in this area. The Specific Plan is being amended to: 1. Divide the 10 acres into two planning areas (PA): PA 1 consists of the northerly 5 acres, and PA 2 covers the southerly 5 acres. 2. Allow development of commercial retail buildings in PA 2 consistent with the commercial standards of PA 1. 3. Allow development of up to 95 multi -family residential units in PA 2. 4. Establish residential development standards in PA 2 that differ from the City's High Density Residential standards. 457 The SPA would not modify any of the commercial development standards currently in the Specific Plan. However, the SPA includes a full range of residential development standards, including setbacks, height, and open space requirements, which are not in the current Specific Plan. SPA Standards Varvina from Base Zone Building Height The SPA proposes to exceed the height allowed in the Neighborhood Commercial (CN) zone, consistent with the Mixed Use Overlay, which allows that building height to be 25% more for mixed use projects. In this case, the SPA allows for residential building heights of 43.75 feet (25% more than the 35 feet allowed in CN). The SPA also proposes to allow 28 feet in height within 150 feet of Jefferson Street, which as an Image Corridor, has a limit of 22 feet in height within that 150-foot area. Due to concerns raised by residents of the Monticello project to the south, the SPA limits building height to 28 feet/2 stories within 75 feet of the southern property line. Unit Size The SPA also proposes to reduce the minimum size of one -bedroom apartments from 750 square feet to 600 square feet. All other unit sizes (two- and three -bedroom apartments and townhomes) exceed the minimum unit size requirement for the High Density Residential zone. Parking Requirements Finally, the SPA reduces the parking requirements from the City's standards as follows: • One Bedroom: 1 covered space plus 0.5 guest space per unit from 2 covered spaces plus 0.5 guest space. • Three Bedroom: 2 covered spaces plus 0.5 guest space per unit from 3 covered spaces plus 0.5 guest space. The standard for studios (1.5 parking spaces per unit) and Two Bedroom Units (2.5 parking spaces per unit) is the same as the Zoning Ordinance standard. The reduction in parking standards is not unreasonable, given the site's location and the general reduction in parking requirements throughout Southern California and in other Coachella Valley cities, including Indio, Coachella, Palm Springs, and Rancho Mirage. Please also see the discussion of parking under the SDP section below. Design Guidelines As with the standards, the SPA maintains the commercial guidelines as they are but adds residential guidelines. In order to encourage cohesion in the project as a whole, the guidelines focus on a Spanish or Mediterranean style of architecture for the residential units. 458 Conclusion The Specific Plan contains all of the sections and items required by State law and our Municipal Code and provides an opportunity for the site to develop either under its base zone (CN) or the Mixed Use Overlay. The variations in development standards are allowed in a Specific Plan and can be approved if found acceptable by the City Council. Tentative Tract Map (TTM) The TTM is proposed for the 5.1 acres in PA 2 in order to subdivide the property for condominium purposes (Sheet C4.10, Attachment 3). It subdivides only PA 2 into three lots: one corresponding to the large pad at the southwest corner of the property and its surrounding parking (Lot 1, 2.752 acres); one corresponding to the area in the northeastern half of PA 2 (Lot 2, 1.33 acres); and one for the southeastern portion of PA 2 (Lot 3, 1.03 acres). The TTM conforms to the SPA and is consistent with the Municipal Code. Site Development Permit (SDP) The SDP implements the changes made through the SPA at a slightly lower density than that allowed in that document. The architecture of the apartments and townhomes is a modern Spanish style intended to complement the existing commercial center architecture. The apartments will be built in line with the existing shops on the western side of the site, and the ground floor will mimic the architecture of the storefronts. The apartments and existing stores will be connected by a plaza and continuous sidewalk to provide continuity within the project. A total of 89 units would be constructed at a density of 17.5 units per acre in the following configuration: • Lot 1/Building 1: 71 apartments in a three-story building with a central courtyard (42 1-bedroom and 29 2-bedroom) and 71 carport parking spaces on the north, south, and west sides. All units include a small patio or balcony. The apartments also include a central courtyard with a community pool, gym, community room, coworking room, and ancillary facilities along the east fagade. • Lot 2/Buildings 2 and 3: 10 three-story, three -bedroom townhouse units with 2 "tuck under" garage spaces each. Each unit also includes a patio and balconies on the second and third floors. This area also includes 57 open parking spaces. • Lot 3/Buildings 4 through 6: 8 two- and three-story, three -bedroom townhouse units with 2 "tuck under" garage spaces each. Each unit also includes a patio and balconies. 459 Building Height As shown on Sheet A2.11 in Attachment 3, Building 1 is proposed to be 35 feet to the top of the parapet, with tower elements extending from 41 feet to 43 feet 9 inches. This building is located 135 feet north of the south property line and the existing single-family homes to the south (Monticello). Buildings 2 and 3 are proposed to extend to 38 feet in height and will be perpendicular to the southern property line, limiting building mass exposure to the single-family homes to the south (Sheets A2.21 and A2.22, Attachment 3). Building 4 is two stories on each end and three stories in the middle. The two-story elements extend to 28 feet in height, while the three-story component in the center is 38 feet (Sheet A2.31, Attachment 3). The building is located about 97 feet from the south property line. Buildings 5 and 6, the buildings closest to the southern property line, will be 28 feet in height (Sheets A2.31 and A2.32, Attachment 3) and set back 41 feet from the southern property line. The Specific Plan limits building heights to 28 feet within 75 feet of the southern property line. Access and Parking The project would be accessed from existing driveways on Fred Waring and Jefferson Street, with the primary entrance at the southern end of the site. The apartment building would be accessed on existing driveways within the project. The townhomes are proposed to be "alley -loaded," providing access to the garages via a central driveway. For pedestrian access, the project includes a continuous sidewalk along the east side of the apartment building, connecting to the shops to the north, and crosswalks and sidewalks through the townhouses to provide access for those residents. The Planning Commission added a condition that requires stamped concrete enhancements to these crosswalks to enhance their visibility. Altogether, the project proposes 186 parking spaces. There are 136 parking spaces required for the apartments, 93 of which are located around the apartment building, while the balance would be provided north and east of Buildings 2 and 3. Based on the unit mix, 181 spaces are required per the Specific Plan standards. The parking being provided generally exists in the parking lots that are currently on -site. It must be noted, however, that the existing shopping center does not have cross -lot parking sharing in place and that residential development, should it occur, would be required to provide all of its parking within PA 2. Landscape Design The landscape and lighting plans (pp 34-40, Attachment 3) propose a desert landscape palette that includes Date and Mexican Fan Palms at the primary entry and along the frontage of the apartments and Mesquite, Acacia, and Desert Willow for shade canopy. a.s The project will be entirely landscaped, including the landscaping of the driveways and retention basin, as well as the common open space along the southern boundary. The landscape plan also includes a vertical screen, along the southern boundary for the length of Buildings 5 and 6, of 36-inch box Bottlebrush, Indian Laurel, and Carolina Laurel Cherry to screen the project from the single-family homes immediately to the south. The Planning Commission added a condition that this screen be extended the entire width of the project to its southwest corner. C'nnrh minn The SDP would be consistent with the Specific Plan, as amended, and has been designed to its standards. The use is allowed in the Mixed Use Overlay, and the project density is less than the maximum allowed in the Overlay. AGENCY AND PUBLIC REVIEW Planning Commission Review The Planning Commission held a public hearing on the project on October 8, 2024. The Commission discussed several issues, including the screening of the project from the single-family homes to the south, internal circulation, and pedestrian safety. As a result of this discussion, the Commission unanimously recommended approval to the City Council, with the addition of two conditions of approval: one extending the tree screening to the southwest corner of the site and one adding pedestrian crosswalks at key locations to improve residents' safety. 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. Public Hearing Notice This public hearing for this Project was advertised in The Desert Sun newspaper on October 30, 2024, and distributed to properties within 500 feet of the Site on November 7, 2024. At the time of publication, Staff had received no comments on the project. Tribal Consultation In accordance with SB18 and AB52, Tribal Consultation was conducted with the Agua Caliente Band of Cahuilla Indians (ACBCI), who were the only tribe to request consultation. Mitigation measures in the MND address ACBCI's concerns regarding the site. ENVIRONMENTAL REVIEW An Initial Study (IS) was prepared for the proposed project. The IS found that although the project would have significant impacts relating to cultural resources, geology, and noise, those impacts can be mitigated to a less than significant level (Exhibit B of the EA Resolution, Mitigation Monitoring, and Reporting Program). An MND is proposed for approval by the City Council. 461 The IS/MND was circulated for a 20-day public review between May 9 and May 29, 2024. The City received 10 comment letters on the IS from a range of public agencies. The City responded to these comments and found that none identified any unaddressed impacts or conditions and that no changes to the IS were required. Prepared by: Nicole Sauviat Criste, Consulting Planner Approved by: Jon McMillen, City Manager Attachments: 1. Project Information 2. Vicinity Map 3. Site Development Permit Plan Set 462 PUBLIC HEARING ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: December 3, 2024 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE 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 RECOMMENDATION Adopt a resolution to approve Landmark Designation 2024-0001 for a single-family residence located at 51407 Avenida Velasco; 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 for a single-family residence located in the Cove Residential (RC) Zoning District at 51407 Avenida Velasco. (Attachments 1 and 2). • The project was heard by the Planning Commission (Commission) on November 12, 2024. The Commission unanimously recommended approval of the landmark designation. • In order to approve the landmark designation, Council must determine if the property meets landmark criteria as provided in Title 7 — Historic Preservation of the La Quinta Municipal Code (LQMC) and is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Attachment 3). FISCAL hyirH%. i — None, there is no fiscal impact to designate a property as a Landmark. BACKGROUND ANALYSIS The purpose and intent of historic preservation in La Quinta is to affect the protection, enhancement, and perpetuation of historic resources and landmarks that represent or reflect elements of the city's diverse cultural, social, economic, political, and architectural history. 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 LQMC. 463 In 2023 the City updated its Survey of Historic Resources. The Survey inventoried all properties and improvements in the City that are 45 years of age or older, along with any historically significant landscape or agricultural features. The Survey identified sites determined as eligible for either local, State or national listing (landmark designation) of historic places. 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 4). Section 7.06.030 of the LQMC establishes 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 Division to be considered by the Commission with a final decision by Council, after receipt of the recommendation from the Commission. On November 12, 2024, the Commission unanimously recommended approval of the landmark designation. PROPOSAL Michael Chanco and Michael Paganelli, property owners, request the designation of their casita home as a landmark, located in the Cove at 51407 Avenida Velasco. The Cove was subdivided between 1933-1937 to become the first subdivision in La Quinta. Between 1935 and 1941, 63 casitas were built. The casitas were designed to be similar to the casitas of the La Quinta Hotel. Clients could purchase or rent these small bungalows. 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 homes 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. The primary bathroom appears to have original tile work designed by Kiener. The intention of the homeowners is to preserve the historic nature of the home (Attachment 5). 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 made sometime between 1959 and 1963. 2) Garage Addition — an addition was made to increase the size of the garage in 1963. 464 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 — he casita was reroofed in 2001 using a Spanish -style tile. ANALYSIS L f� Pursuant to Section 7.06.020, designation of a property or improvement as a historic landmark must meet one or more of the following criteria: 465 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. The Avenida Velasco casita 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. The Avenida Velasco casita is representative of the first subdivision of the Cove, 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, original bell, casement windows, and Spanish revival color palette. The original bell was 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, the integrity of the original features is intact, and the additional building elements are consistent with the Spanish Revival architectural style. A letter of support was provided to staff recommending approval of the Landmark Designation from the La Quinta Historical Society (Attachment 6). 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. 466 Prepared by: Sijifredo Fernandez, Associate Planner Approved by: Jon McMillen, City Manager Attachments: 1. Vicinity Map 2. Project Information 3. Criteria for Approval 4. Historic Record Sheet 5. Landmark Designation Request Letter 467 RESOLUTION 2024 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, TO APPROVE A LANDMARK DESIGNATION FOR 51407 AVENIDA VELASCO, LOCATED WEST OF AVENIDA VELASCO BETWEEN AVENIDA MONTEZUMA AND CALLE HIDALGO CASE NUMBERS: LANDMARK DESIGNATION 2024-0001 APPLICANT: MICHAEL CHANCO AND MICHAEL PAGANELLI WHEREAS, the City Council of the City of La Quinta, California, did, on December 3, 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: Assessor Parcel Number 773-085-021 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on November 12, 2024, hold a duly noticed Public Hearing to consider this request and recommended approval of the Landmark Designation; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on November 22, 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 City Council 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. Resolution No. 2024-XXX Project: Landmark Designation 2024-0001 Location: 51407 Avenida Velasco Landmark Designation Adopted: December 3, 2024 Page 2 of 3 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 • Casement windows • Spanish Revival color palette NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council 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 the City Council hereby does approve Landmark Designation 2024-0001 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of December 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 469 Resolution No. 2024-XXX Project: Landmark Designation 2024-0001 Location: 51407 Avenida Velasco Landmark Designation Adopted: December 3, 2024 Page 3 of 3 ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Clerk City of La Quinta, California 470 �� MT, t Cal! -IHidaIQo > > QV r � r LU L Ca le Hi o dalgo � Ci O W 'Cy c t L d 'i� G ATTACHMENT 2 PROJECT INFORMATION CASE NUMBER: LANDMARK DESIGNATION 2024-0001 REQUEST: ADOPT RESOLUTION TO APPROVE A LANDMARK DESIGNATION FOR A SINGLE-FAMILY RESIDENCE LOCATED AT 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 GENERALPLAN 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 472 ATTACHMENT 3 CRITERIA FOR HISTORIC RESOURCES Landmark Designation 2024-0001 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 • Casement windows • Spanish Revival color palette 473 ATTACHMENT 4 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name: 51407 Avenida Velasco Page 1 of 3 Primary#: HRI #: None Trinomial: N/A CRHR Status Code: 5B Other Listings: Urbana Survey No. o68 ❑x Update Identifier: 773o85021 Date Constructed: 1935 I ITRA 7—p: „C �G. �u mG. �G mAl v i ivi Sul ic. 11S, )vyu3v i i E; 3/w3v7 � i iiv 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 �iii iylc rai 1lily i t=)iJci iuc vvai wi oLi uLLcLl ii i LI is 5Nai ii�I i Cului iial Revival �,Lylc. TI is I wi i is vva' wi uLU uLLeJ vvid i ai i "L" �I iaNcJ Nlai i, clad in stucco with a gable roof clad in red tiles with exposed beams. The residence has a stucco clad chimney. During the previous 1.997 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 195o 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/1/13, 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/2/13, 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 193os 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. 474 DPR 523L (09/2013) State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name: 51407 Avenida Velasco Page z of 3 51-407 Avenida Velasco_2: View southwest of the east elevation. Primary#: HRI #: None Trinomial: N/A CRHR Status Code: 513 Urbana Survey No: o68 DPR 523L (09/2013) 475 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION LOCATION MAP Resource Name: 51407 Avenida Velasco Page 3 of 3 *Map Name: La Quinta *Scale: 1:24,000 *Map Date: 2021 �'j f CLL NOG." 1� 4 `RJ � N � W �- F- W o w a e a a - y 0 CLL MAe CLL TEMECULA +a' W - E' _ CLL POTREIt 14 •� CLL TE6AT Primary#: HRI #: None Trinomial: N/A CRHR Status Code: 513 Other Listings: Urbana Survey No. o68 1 } GLL °LA5 R,qy f. X r mGLL TAMP[CO Fv-- AYG LA FONDA W d 11 4 51407 Avenida Velasco AVE NUE 4 iP4�1 46 ROCK TLjRN a z m HuA a w 51407 Avenida Velasco 0 0.25 0.5 1 Miles URBANA PRESERVATION & PLANNING"` I , , , I , , , I a] DPR 523J (09/2013) *Required Information 476 State of California -- The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HF31 # PRIMARY RECORD Trinomial NRHP Status Code 5 Other Listings Review Code Reviewer Date ] Page i 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 1 c. Address 51-407 Avenida Velasco _ city; B M _ La Ouinta zip 92253 d. UTM: (Give more than one for large and/or linear feature) Zone mE/ mN e. 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 roofs clad in shingles or clay tiles. *P3b. Resources Attributes: (List attributes and codes) HP2. Sin le FaIrlil Pi0 ert *P4. Resources Present: ® Building ❑ Structure ❑ Object ❑ Site ❑ District ❑ Element of District ❑ Other (Isolates, etc.) IP5b. Description of Photo: (View, date, etc.) *P6. Date Constructed/Age and Sources: ❑ Prehistoric M Historic ❑ Both *P7. Owner and Address: Roberta Staubli P.0.B.-9124 -Palm CA 92263 P--Private *P9. Date Recorded: 10/06/1997 *P10. Survey Type: (Describe) C--COm rehensive 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 Record ❑ Archaeological Record ❑ District Record ❑ Linear Feature Record ❑ Milling Station Record ❑ Rock Art Record ❑ Artifact Record ❑ Photograph Record ❑ Other: (List) 477 DPR 523A (1/95) *Required information k F- �+ .A4 &t •- r1'1 � �' y'7w� , < - Y. ;�� (' 's. ., ;�.,-'�" f. <�, If'C �".. ,e� _ fir,' i I- T 478 v m -gLo f r- jh Arl 480 ATTACHMENT 5 ES The Desert Club Casita W Landmark Designation Application l9 _ 51407 Avenida Velasco !1� La Quinta, CA 92253 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 "U 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... Theywere 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 Page 1 of 6 481 DBE The Desert Club Casita W Landmark Designation Application r� 51407 Avenida Velasco La Quinta, CA 92253 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). r''`"�f� ate- fir.+ ,�• �, �. �� ,..• � . _ : . � � ,, Sketches, Photographs or Drawings: • Image from The Historical Casitas of La Quinta by Maggie Gordon (5). 1935 L. shape multi -level red -tiled shed roof ,Ei� • Arched Shower and Hand -Painted Tile Work M Page 2 of 6 482 DESE The Desert Club Casita Landmark Designation Application l 51407 Avenida Velasco !1� La Quinta, CA 92253 Pry; rry of L -S, �?� �iri r� �ljs rC)r� to=�� 00 ~ E J - t•Y�..kL-Z-- ,psi: k • The historic photos are from the La Quinta Historical Society Reference Library Collection catalog number 0000.227.402) (6). • Original Bell Page 3 of 6 483 DESE The Desert Club Casita G ' Landmark Designation Application l 51407 Avenida Velasco N La Quinta, CA 92253 484 Page 4 of 6 /ADESE The Desert Club Casita I� Landmark Designation Application l 51407 Avenida Velasco La Quinta, CA 92253 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 Page 5 of 6 485 vE�E ,, The Desert Club Casita Landmark Designation Application 51407 Avenida Velasco } La Quinta, CA 92253 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/ta-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://LaquintahistoricaIsociety.cataLogaccess.com/library/2237 Chain of Title, if available: Date Document # 11k�►Z1W40Z�11118% 1911&11VLAlei 08-02-2018 2018-0311365 06-30-2008 2008-0355742 07-07-1989 05-04-1987 1989-226335 1987-123269 Page 6 of 6 486 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 Ipages 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 lindalpwi[liams@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderidentification ] Hi Tania, have attached a letter of support for the Public Hearing 1 item at the Planning Commission meeting on November 12th. Thankyou, Linda Williams La Quinta Historical Society i 487 Vlisto'-".- 0 November 4, 2024 City of La Quinta Planning Commission, Doug Hassett, Chairperson Dear Chairperson Hassett and Commissioners, La Quinta Historical Society strongly supports the historic designation ❑f 51407 Avenida Velasco in La Quinta Cove. We are grateful to Michael Chanco and Mike Paganelli for submitting this first application to the City of La Quinta. We hope that this will encourage other residents to embrace the preservation of their historic homes through the use of the Mills Act. It will certainly signal the importance of the historical casitas to the community. The Mills Act offers owners significant property tax savings to restore their homes. We would like to promote awareness and use of this act as an incentive for the preservation of ❑ur historic buildings. This is vitally important to our history. Please approve the resolution recommending a landmark designation for this historical casita in La Quinta. Sincerely, JI/1IIl■ rI1 �,IIllI11.1' President 488 City of La Quinta PUBLIC HEARING ITEM NO. CITY COUNCIL MEETING: December 3, 2024 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY HOUSING AND WORKFORCE SOLUTIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2025/26 RECOMMENDATION Adopt a resolution to authorize the City Manager to submit applications to the Riverside County Housing and Workforce Solutions for Community Development Block Grant funds, execute the Supplemental Agreements for fiscal year 2025/26; and allocate $24,000 to the Boys and Girls Club of the Coachella Valley Fee Waiver/Reduction Program, and $136,000 to the City of La Quinta Americans with Disabilities Act Improvements Project. EXECUTIVE SUMMARY • The City is eligible to receive approximately $160,000 in Community Development Block Grant (CDBG) funds in fiscal year (FY) 2025/26; 15% can be used for public services projects and 85% for public improvements or housing services. City -approved grant applications must be submitted to the Riverside County Housing and Workforce Solutions (County HWS) no later than December 2, 2024. The exact amount of CDBG funding will be confirmed in the second quarter of 2025. FISCAL IMPACT Upon approval by the County HWS, the City will receive an estimated $160,000 in CDBG funds. The final FY 2025/26 funding allocation will be based upon actual funds received. Revenues and expenses will be incorporated in the FY 2025/26 City Budget and tracked in a special revenue fund, Account No. 210-0000-43105 CDBG (Federal Assistance Fund). BACKGROUND/ANALYSIS The City is a cooperating city of the County's CDBG program and has participated since 1983. HWS oversees the County's program and the County distributes annual funding to cooperating cities. The CDBG program requires that each project/activity the funds are used for meets one of the three national objectives: 1) benefit low and moderate -income individuals; 2) aid in the prevention or elimination of slums or blight; or 3) meet a need having a particular urgency. 489 Public Services CDBG funding can be used for public services, such as childcare, recreation and education programs; however, only 15% of the awarded annual allocation may be designated for public services, or a maximum of $24,000 for FY 2025/26 based on the total amount of $160,000 anticipated to be distributed to the City. The County HWS has a minimum funding requirement of $10,000 for this category. The Boys and Girls Club requested $24,000 for FY 2025/26. Public Improvements CDBG funding can be used for public improvements, which include construction, reconstruction, rehabilitation, and accessibility improvements. Public improvement funds can be used for facilities and improvements that are publicly owned or owned by a non- profit agency open to the public. These funds must be used for improvements that benefit low- and moderate -income individuals or neighborhoods. Based on the County's guidelines for allocation of funds, 85% of the awarded annual allocation may be designated for public/capital improvements, or a maximum of $136,000 for FY 2025/26 based on the total amount anticipated to be distributed to the City. CDBG Applications The City received three applications for CDBG funding (Attachment 1) — The Boys and Girls Club of the Coachella Valley and Operation SafeHouse/SafeHouse of the Desert submitted a public service application; and the City's Engineering Services Division submitted a public improvement -funding request. Staff recommends awarding the anticipated public service funds of $24,000 to the Boys and Girls Club; and $136,000 to the City's Engineering Services division. The Boys and Girls Club funding will benefit 19 children who attend; the public improvement request will fund American with Disabilities Act (ADA) improvements at City facilities that benefit individuals with disabilities and those who have low and moderate income. Agency and Public Review A request for applications and notice of funding availability was posted to the City's website on October 9, 2024. A public notice was published in The Desert Sun on November 22, 2024, announcing the availability of funds and the public hearing date. ALTERNATIVES Council may allocate funds to an alternate single applicant in each category, or an alternate combination of applicants and funding amounts in each category. Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Fiscal Year 2025/26 CDBG Summary of Applications RESOLUTION NO. 2024 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING PROPOSALS, AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT FOR FISCAL YEAR 2025/2026 WHEREAS, The City of La Quinta (City) is a participating jurisdiction in the County of Riverside Housing and Workforce Solutions Community Development Block Grant Program, and WHEREAS, the City and County of Riverside (County) cooperatively administer the Community Development Block Grant (CDBG) program under the provision of the Cooperative Agreement executed between the City and County, and under applicable U.S. Department of Housing and Urban Development rules; and WHEREAS, the Public Works Department published a public hearing notice in The Desert Sun newspaper on November 22, 2024, announcing the public hearing date, availability of funds, and requesting proposals; and WHEREAS, pursuant to said agreement, the City Council held a public hearing on December 3, 2024, to consider public comments on community needs and the use of such funds; and WHEREAS, the CDBG Funds for fiscal year 2025/2026 is estimated to be approximately $160,000 to begin July 1, 2025; and WHEREAS, the City must submit project applications to the County of Riverside Housing and Workforce Solutions; and WHEREAS, merits of all proposals were openly discussed and considered; and WHEREAS, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), or reprogramming(s), were selected: PROJECT NAME Miscellaneous ADA Improvements Fee Waiver/Reduction Program SPONSOR AMOUNT City of La Quinta $136,000 Coachella Valley Boys and Girls Club La Quinta Unit $ 24,000 TOTAL: $160,000 491 Resolution No. 2024 — XXX CDBG Funds and Priorities for Fiscal Year 2025/2026 Adopted: December 3, 2024 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the City of La Quinta hereby selects the above -named projects, for use of Community Development Block Grant funds. SECTION 2. That the City Council hereby directs the City Manager to prepare and submit the designated applications to the County of Riverside Housing and Workforce Solutions in a timely manner proposing the named use of funds. SECTION 3. That the City Council hereby authorizes the City Manager to approve and execute the 2025/26 Supplemental Agreement between the Riverside County Economic Development Agency and the City. SECTION 4. That the City Council hereby authorizes the City Manager to execute any and all necessary documents and other agreements to consummate all activities in this resolution. SECTION 5. If there is shortfall in funding, the City Council directs the City Manager to request the County of Riverside to increase the City's public service cap in order to fully fund public service approved applications. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of December 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 492 Resolution No. 2024 — XXX CDBG Funds and Priorities for Fiscal Year 2025/2026 Adopted: December 3, 2024 Page 3 of 3 ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 493 494 ATTACHMENT 1 CITY OF LA QUINTA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2025/2026 SUMMARY OF APPLICATIONS RECEIVED Public Service Applications THE BOYS AND GIRLS CLUBS OF THE COACHELLA VALLEY — LA QUINTA UNIT: • The Boys and Girls Club of the Coachella Valley was founded in 1966. • After school program has been provided in the City of La Quinta since 1994. • The fee waiver/reduction program has been funded by the City of La Quinta with CDBG funds for the past 20 years. Funds Requested/Service Provided: • Requesting $24,000 for fee waiver/reduction program to provide scholarships benefiting extremely low-, very low-, low-, and moderate -income children. • $24,000 will enable 19 qualifying children to take advantage of the Club's services and programs. OPERATION SAFE HOUSE/SAFEHOUSE OF THE DESERT: • Operation Safehouse was founded in 1988. • Harrison House Transitional Living and Permanent Supportive Housing Program was established in 2013 in response to the need for services for older homeless youth ages 18-24 in the Coachella Valley. • SafeHouse receives annual funding from the County of Riverside CDBG/ESG funding, the City of Moreno Valley CDBG, the City of Indian Wells, the City of Rancho Mirage, the City of Riverside, and the City of Palk Desert. Funds Requested/Service Provided: • Requesting $10,000 for assistance of a portion of the transitional living program. • The program offers transitional living for a minimum of 12 homeless youth annually for up to 18 months and permanent supportive housing for up to 8 disabled homeless youth with no time constraint. Public Improvement Applications CITY OF LA QUINTA Project Summary: • The City of La Quinta Public Works Department submitted an application requesting $136,000 of CDBG funding for Americans with Disabilities Act (ADA) improvements at various City owned public parks and public facilities. 495 • Project will correct ADA deficiencies at various City owned public parks and facilities throughout the City of La Quinta. • The ADA improvements at various City owned facilities throughout the City will promote easier accessibility for individuals with disabilities. • The improvements are based upon an ADA Transition Plan Report previously completed by the City. • Funding will allow for design, construction, inspection, and testing costs associated with ADA improvements. 496 Qa�tra W GEM of the DESERT — DEPARTMENTAL REPORT ITEM NO. 5 DESIGN & DEVELOPMENT QUARTERLY REPORT The Design and Development Department consists of three divisions: The Hub, Building, and Planning The Hub serves as a one -stop permit center. It is the central location for obtaining permits for planning, building, engineering, business licenses, and special events. The Hub also issues permits for garage sales, home occupations, pool drains, re -roofs, and HVAC, window, water heater, and utility changeouts. Business Licenses Issued Other Permits Issued 237 231 250 208 205 138 136 137 120 136 147 97 on ■. Ol 2023 2024 2023 2024 2023 2024 2023 2024 2023 2024 2023 2024 JUL AUG SEP JUL AUG SEP 632 636 583 i Q3 2020 Q3 2021 Q3 2022 Q3 2023 Q3 2024 Welcome New Businesses • Dream Team Real Estate Consultants, Inc. • Diversiones Prado • Uptown Escrow Services • FiveBelow 397 456 392 381 294 Q3 2020 Q3 2021 Q3 2022 Q3 2023 Q3 2024 Permits Processed Online/In-Person Online (94.17%) 0 In -Person (5.83%) 497 r � Building Division Lrjj g The Building Division administers and issues all residential and commercial building permit applications, reviews plans (plan checks), and conducts on -site building inspections for compliance with the La Quinta Municipal Code and California Building Standards Code. Lm PLAN CHECK AND BUILDING PERMITS Plan Check Submittals ---------------------------- -----------r----------r----- 895 1,049 574 � 776 702 Q3 2020 Q3 2021 Q3 2022 032023 Q3 2024 INSPECTION DATA Monthly Building Inspections -----T 7 T---------- 7--------- 7----- 6,106 4,896 4,448 2,441 3,043 ; , Q3 2020 Q3 2021 Q3 2022 Q3 2023 Q3 2024 Q FINANCIAL DATA Plan Check Fees Collected: $195,554 $263k $201k $146k $196k $110k Q3 2020 Q3 2021 Q3 2022 Q3 2023 Q3 2024 Building Permits Issued 5 ----- 7-----------r--- --- 769 799 675 659 447 Q3 2020 Q3 2021 Q3 2022 Q3 2023 Q3 2024 Average Building Inspections Per Day ----------------- ---------- ---- 96 78 69 38 48 Q3 2020 Q3 2021 Q3 2022 Q3 2023 Q3 2024 Building Permit Fees Collected: $150,821 $401k $390k $1$156k $151k ene Q3 2020 Q3 2021 Q3 2022 Q3 2023 Q3 2024 The Planning Division administers the zoning and development standards and works with residential and commercial developers, architects, builders, and businesses to ensure that development is consistent with the City's Zoning Code and General Plan. Planning staff coordinates with the Planning Commission, whose primary function is to develop and maintain the City's General Plan, consider development applications, as well as to serve as an advisory body to the City Council. Sign Program Amendment to update signage at the Walmart at 79295 Highway 111. Sign Program Amendment to update signage at Homewood Suites at 45200 Washington Street. Modification By Applicant for the floor plan and elevations at Enzo's Bistro & Bar at 78121 Avenida La Fonda. Temporary Use Permit for Spirit Halloween at the former 99 Cent Only store at 79840 Highway 111 from August 15 to November 10, 2024. Special Event Permit for 50 people for a private wedding on October 19, 2024, at 46370 Cameo Palms. Modification By Applicant for exterior modifications to existing Carl's Jr. drive -through restaurant to include paint scheme, awnings replacement, and trim band lighting installation. Site Development Permit for a new comfort station structure at the Madison Club Golf Course and Driving Range to include a pro shot with retail space, two unisex restrooms, and a small kitchen. Final Landscape Plans for Jefferson Street Apartments. Temporary Use Permit for overflow parking for the La Quinta Chevrolet and Cadillac dealerships to be located at the former Sam's Club Fuel Station at 79315 Highway 111. Special Event Permit for the 2025 La Quinta High School Homecoming Parade that took place through Main Street on October 16, 2024, from 3:00 p.m. to 6:30 p.m. Minor Use Permit for tenant improvements for "the Golf Bar" at Komar Desert Center at 79815 Highway 111 (formerly Toda Moda) • Site Development Permit for three 2,839 sf mixed -use buildings in the Village at 78059 Calle Estado; ground floor commercial with total of 6 dwelling units on upper level. • Conditional Use Permit for the construction of an AT&T wireless telecommunication facility (MonoEucalyptus) east of Avenida Bermudas, between Calle Ensenada and Calle Nogales, within the Tradition Golf Club. 499 La Quinta Development Q3 2024 Construction Progress at Jefferson Street Apartments Walmart Updated Signage and Interior Remodel The Grove New Event Space @ La Quinta Resort & Club Landscape/Turf Conversion Improvements Southwest corner of Highway 111 and Washington PGA Superstore Tenant Improvements - Opening Soon! Point Happy Residential Community Completing Final Phase of Homes 500 POWER POINTS CITY COUNCIL MEETING DECEMBER 3, 2024 December 3, 2024 1 City Council Regular Meeting December 3, 2024 City Council Regular Meeting December 3, 2024 PUBLIC COMMENT – MATTERS NOT ON THE AGENDA 12/12/2024 1 2 December 3, 2024 2 City Council Regular Meeting December 3, 2024 CLOSED SESSION IN PROGRESS Pledge of Allegiance 3 4 December 3, 2024 3 City Council Regular Meeting December 3, 2024 PUBLIC COMMENT – MATTERS NOT ON THE AGENDA 12/12/2024 City Council Meeting December 3, 2024 P1 – Talus Development Project (formerly SilverRock) Status Update 5 6 December 3, 2024 4 City Council Meeting December 3, 2024 S1 – Discuss Draft Coachella Valley Power Agency JPA Agreement Regarding Growth of Electric Power 7 8 December 3, 2024 5 Background • The Agreement making Imperial Irrigation District (IID) the electrical service provider for the greater Coachella Valley (CV) expires in 8 years. • The IID Board does not allow for Riverside County (County) or CV representation. • The proposed draft Coachella Valley Power Agency (CVPA) JPA is a starting point in establishing an independent public agency for the County and CV. 12/12/2024 Background/Analysis • Approximately 65% of IID’s energy revenues are generated by ratepayers in the CV. • The CVPA JPA would have a board made up of representatives from each of the stakeholder entities, including La Quinta, with voting power. •In July 2021, IID formed the Coachella Valley Energy Commission (CVEP) comprised of stakeholder entities, including the La Quinta. 12/12/2024 9 10 December 3, 2024 6 Background/Analysis • CVEP was to determine the energy needs of the greater CV beyond December 31, 2032, when the Agreement expires. • CVEC members feel that forming the CVPA under a JPA may be the best way forward. • The Coachella Valley Association of Governments (CVAG) would provide administrative assistance during the startup process. 12/12/2024 Background/Analysis • CVPA members would be able to exercise powers to promote, develop, conduct, operate and manage energy generation and distribution in the eastern CV. • A resolution endorsing the draft CVPA JPA was presented to CVEC on November 15, 2024. • A vote was delayed to December 12, 2024, to give CVEP commissioners and CVAG time to get input from the respective city councils/boards/entities involved. 12/12/2024 11 12 December 3, 2024 7 Background/Analysis • Increasing population, aging infrastructure, capacity limitations, and frequent outages are among the concerns driving the need for CV stakeholders to provide oversight of electrical service matters. • Overall system capacity is also impacting new development that can’t be served by the current substations and grid provided by IID. 12/12/2024 13 14 December 3, 2024 8 OPEN HOUSE IN PROGRESS City Council Meeting December 3, 2024 B1 – Approve Host Venue Agreement with World Triathlon Corporation 15 16 December 3, 2024 9 IRONMAN 2024 • December 8 th • Begins at Lake Cahuilla and ends at Indian Wells Tennis Gardens • Questions and route information: – (760) 335-6880 – IRONMAN and City website IRONMAN 2025 • World Triathlon Corporation (WTC) organizes IRONMAN events nationwide and around the world. • 2018 La Quinta and Indian Wells were selected to host the first IRONMAN Triathlon in the Coachella Valley. 17 18 December 3, 2024 10 IRONMAN 2025 • Races held in 2019, 2021, 2022, and 2023 • Final race under current agreement is December 8, 2024. • Indian Wells will not continue partnership. • La Quinta would be sole host City for 2025 race. IRONMAN 2025 • IRONMAN 2025, proposed route begins at Lake Cahuilla and ends at Silverrock Park. • Silverrock Golf Course utilized for run portion. • Majority of bike route occurring in South La Quinta/Riverside County areas. 19 20 December 3, 2024 11 IRONMAN 2025 • Presentation by IRONMAN 22 HOST VENUE 26 NOVEMBER 2024 THE IRONMAN®GROUP 2025–2027 21 22 December 3, 2024 12 23 SOCIAL MEDIA PACKAGES Intro | Our Mission Our Purpose Who we are Our global reach Our athletes IRONMAN Pro Series and Media reach La Quinta Proposal GLOBAL PARTNERSHIPSCONTENTS 3 4 6 7 8 9 11 24 23 24 December 3, 2024 13 25 26 25 26 December 3, 2024 14 27 27 28 27 28 December 3, 2024 15 29 30 29 30 December 3, 2024 16 31 2019 Data collected from the 2019 event estimates the total impact of the event to be $9.9 million for the Greater Palm Springs region. This data was collected via the Greater Palm Springs Convention and Visitors Bureau. 2020 The event was not held in 2020 2021 No report calculated in 2021 2022 $4.8 million estimated economic impact for the Greater Palm Springs Region 2023 $5.9 million estimated economic impact for the Greater Palm Springs region. Historical Economic Impact 32 HOST VENUE PRESENTATION THE IRONMAN®GROUP 31 32 December 3, 2024 17 Athlete Growth HOST VENUE PRESENTATION THE IRONMAN®GROUP 0 500 1000 1500 2000 2500 2018 2019 2020 2021 2022 2023 Athlete Data by Year Starters Finishers Athlete Origins HOST VENUE PRESENTATION THE IRONMAN®GROUP This event, while heavily attended by athletes in the USA, has a global reach to an average of over 25 different countries, year over year. 33 34 December 3, 2024 18 Proposed Routes: HOST VENUE PRESENTATION THE IRONMAN®GROUP Swim Course There are no proposed changes to the swim course. We will continue to use Lake Cahuilla for this portion of the race. Proposed Routes: HOST VENUE PRESENTATION THE IRONMAN®GROUP Bike Course This route will begin at Lake Cahuilla and will traverse the current route with some minor adjustments using an additional out and back leg on Avenue 60, more mileage inside the Thermal Club, and the finish at SilverRock Golf Course. This is the required 56-mile route. LINK: Current Bike Route Proposal: https://ridewithgps.com/routes/48416547?pri vacy_code=mYWwaazQ8HgxuEmGfrDIx65YZ7 A6Xa7K 35 36 December 3, 2024 19 Proposed Routes: HOST VENUE PRESENTATION THE IRONMAN®GROUP Run Course This route will begin at SilverRock Golf Course and will use the property, as well as one lane on 52nd Avenue for the entirety of the required 13.1 miles. The finish line will be inside the SilverRock property. LINK: Current Run Route Proposal: https://ridewithgps.com/routes/48388906?pri vacy_code=MfLhL8joLWeDMEMjFxIX18RcPMd 0auhE Proposed Venue: HOST VENUE PRESENTATION THE IRONMAN®GROUP SilverRock These proposed areas are not set in stone and may be adjusted based on feedback from the team at SilverRock. The golf course will maintain operations throughout the week, with a full closure requested on Sunday, only. Possible use for transition or event set up/expo Possible Transition ParkingEvent area 37 38 December 3, 2024 20 Proposed Agreement & Event Dates 39 HOST VENUE PRESENTATION THE IRONMAN®GROUP Please see the contract for specific host venue details. We would like to maintain the first Sunday of December as the event date for the duration of the new contract. Our request is for a 3-year extension of the current contract, which would cover events in years 2025 – 2027. No direct increases on the current cash contribution is requested in the extension agreement. 39 40 December 3, 2024 21 City Council Meeting December 3, 2024 B2 – STVR Program Code Amendments • Periodically, staff reviews the STVR program and proposes amendments to update or clarify code requirements and regulations as needed • On November 19, 2024, the STVR permit fees were updated and a new “multi-unit lock-off STVR unit” permit subtype was added Short-Term Vacation Rental Program Background 41 42 December 3, 2024 22 • Add definition for “multi-unit lock-off STVR unit” permit subtype • Add definition for “subtenant” • Section 3.25.060 – clarify requirements for conversion of existing rooms within a dwelling into bedrooms to be counted toward the total number of approved bedrooms under the STVR permit • Miscellaneous minor revisions throughout Chapter 3.25 Short-Term Vacation Rental Program Proposed Code Amendments Means a specific design and construction of a single-family detached dwelling or multi-family attached unit(s) dwelling, which construction is designed to allow sections of such dwelling to be locked-off and separated into individual stand-alone units and meets one (1) or more of the exemptions set forth in Section 3.25.055. The design and construction of a multi-unit lock-off STVR unit provides at a minimum for: a) independent living facilities within the space secured by a lock-off door(s), b) separate access to the exterior area(s) and public right of way without the need to enter or walk through the primary living area of the dwelling or other lock-off STVR units, and c) permanent provisions for sleeping and sanitation (bathroom) within the space secured by a lock-off door(s). Multi-Unit Lock-Off STVR Unit – Definition 43 44 December 3, 2024 23 Examples of multi-unit lock-off STVR units include a dwelling that has “hotel- or motel-like” exterior access door(s) and interior security door(s) that can be secured from either side between two stand- alone units where each stand-alone unit has the ability to secure itself from the other adjacent unit; or, a two-story dwelling (such as a two-story duplex) in which the first floor and second floor are separate lock-off STVR units, and the first and second floors each have their own independent exterior access to the exterior areas and public right of way. A multi-unit lock-off STVR unit is a sub-type of short-term vacation rental unit and shall be subject to a general short-term vacation rental permit or primary residence short-term vacation rental permit, as applicable, pursuant to this chapter. Multi-Unit Lock-Off STVR Unit – Definition Means any person subject to, or claiming to be subject to, an arrangement in which a privately owned residential dwelling, rented to a lawful occupant, is in turn sub-rented or sub-leased by that lawful occupant to another person or third party, where said arrangement allows for the use and/or occupancy of the dwelling, whether or not said arrangement is with or without a rental agreement. Subtenant – Definition 45 46 December 3, 2024 24 City Council Meeting December 3, 2024 B3 – Adopt Resolution to Certify Results of the November 5, 2024 General Municipal Election 47 48 December 3, 2024 25 City Council Meeting December 3, 2024 B4 – Adopt a Member of the City Council to Serve as Mayor Pro Tempore for Calendar Year 2025 49 50 December 3, 2024 26 City Council Meeting December 3, 2024 B5 – Appoint City Council Members to Serve on Outside Agencies for Calendar Year 2025 51 52 December 3, 2024 27 City Council Meeting December 3, 2024 PH3 – Community Development Block Grant 2025-26 53 54 December 3, 2024 28 Community Development Block Grant 2025-26 Background • County of Riverside Housing and Workforce Solutions (HWS) CDBG Program – Federal Program overseen by HWS – Administered by County • City of La Quinta – Cooperating City under County CDBG – Participant since 1983 55 56 December 3, 2024 29 Program Overview • Annual process to allocate CDBG funds • Estimated 2025-2026 allocation -$160,000 • Public Services –15% threshold • Public facilities and improvements –85% Program Overview What can be funded • Public facilities & improvements • Special economic development activities • Affordable housing • Public services Who can be funded • Non-profit organizations • Local governments • Public housing authorities 57 58 December 3, 2024 30 Public Service Applications • 2 applications received • Maximum award -$24,000.00 • Boys and Girls Club, La Quinta Unit: Fee waiver/reduction program –$24,000.00 • Operation SafeHouse: Harrison House Transitional Living Program - $10,000 Public Improvement Applications • La Quinta: – ADA improvements at City-owned facilities: $136,000.00 59 60 December 3, 2024 31 Questions? City Council Meeting December 3, 2024 PH 1-CONTINUED PUBLIC HEARING SPECIFIC PLAN SP2022-0004 (SP2002-062, AMENDMENT 3) TENTATIVE TRACT MAP 2022-0003(TT 38604) SITE DEVELOPMENT PERMIT 2022-0015 61 62 December 3, 2024 32 Background •Council heard public testimony at its meeting of November 19, 2024, and continued the hearing in order to consider site conditions relating to the proposed privacy hedge, and parking and traffic impacts on the adjacent neighborhood. •The Specific Plan Amendment would allow either commercial or multi- family residential development on the southern 5 acres. •The Tentative Tract Map subdivides the southern 5 acres into 3 lots. •The Site Development Permit would allow the development of 71 apartments and 18 townhouses on the southern 5 acres. Background •The Council discussed the tree screen on the south boundary at length. •The Planning Commission included the following condition of approval: 61.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 ensure that the cultural resource in this area is not disturbed. 63 64 December 3, 2024 33 Background •The Council requested that a condition of approval be drafted to require parking permits for the apartments. The following condition is proposed, if the Council wishes to add or modify it: “The apartment units along the west side of the project area shall implement an assigned parking permit process for residents, designating specific space(s) for each unit to the parking surrounding the building on its south, west, and north sides.” Recommendation •Adopt a resolution adopting the Mitigated Negative Declaration for the Jefferson Square project (EA 2022-0012). Adopt a resolution approving Specific Plan 2022- 0004 (SP 2002-062, Amendment 3), Tentative Tract Map 2022-0003 (TTM 38604), and Site Development Permit 2022-0015. 65 66 December 3, 2024 34 Background The Jefferson Square Specific Plan was originally approved in 2004 for the entire 10± acre site. In 2009, the existing shopping center was constructed on the north half of the site. The current proposal activates the Mixed Use Overlay. Project would build out the south half of the site. Background •The Specific Plan Amendment would allow either commercial or multi-family residential development on the southern 5 acres. •The Tentative Tract Map subdivides the southern 5 acres into 3 lots. •The Site Development Permit would allow the development of 71 apartments and 18 townhouses on the southern 5 acres. 67 68 December 3, 2024 35 Vicinity Map Specific Plan Amendment •Makes no changes to north half (PA 1) and allows either commercial or multi-family residential on south half (PA 2). •Allows up to 95 multi-family units on south half (19 du/acre). •Establishes standards and guidelines for residential in PA 2. 69 70 December 3, 2024 36 Specific Plan Amendment •MU Overlay allows height of up to 43.75’. •SP changes to HDR standards: –28’ height within Image Corridor (22’ is limit) –Reduced unit sizes: •1 bedroom from 750 SF to 600 SF Specific Plan Amendment •SP changes to HDR standards: –Reduced parking requirements: •1 Bedroom: 1.5 vs. 2.5 per unit •3 Bedroom: 2.5 vs. 3.5 per unit •Studio & 2 Bedroom remain at 1.5 and 2.5 per unit, consistent with Zoning Code. 71 72 December 3, 2024 37 Tentative Tract Map Site Development Permit •Proposes 89 multi-family units at a density of 17.5/acre. •71 apartments in one building on the west half of the site. •Three stories, 1 and 2 bedroom units. •Central recreation courtyard. •Gym, coworking space, lobby/mail area. •35 feet to parapet, maximum height 43’9”. •136 parking spaces required per SP; 93 located around building. 73 74 December 3, 2024 38 Site Plan Site Development Permit •18 townhomes in four buildings. •Two and three stories. •Tuck-under garages. •Buildings 2 & 3: 3 stories, 38 feet in height. •Building 4: 2 & 3 stories, 28 & 38 feet in height. •Buildings 5 & 6: 2 stories, 28 feet in height. •Parking: 2-car garage + 9 guest parking. 75 76 December 3, 2024 39 Elevations - Apartments Bldg 1 East Bldg 1 South Elevations - Townhomes Bldg 4 North Bldg 5 & 6 South 77 78 December 3, 2024 40 Elevations - Townhomes Bldg 4-6 East Cross-Section 79 80 December 3, 2024 41 Landscaping Landscaping 81 82 December 3, 2024 42 83 84 December 3, 2024 43 CEQA •Initial Study was prepared and circulated for public review –With implementation of mitigation measures, all impacts can be reduced to less than significant levels. –A Mitigated Negative Declaration is proposed. Recommendation •Adopt a resolution adopting the Mitigated Negative Declaration for the Jefferson Square project (EA 2022-0012). Adopt a resolution approving Specific Plan 2022- 0004 (SP 2002-062, Amendment 3), Tentative Tract Map 2022-0003 (TTM 38604), and Site Development Permit 2022-0015. 85 86 December 3, 2024 44 FLORA @ JEFFERSON SQUARE December 3, 2024 / Community Insights Commercial Preferred Parking Traffic Privacy 87 88 December 3, 2024 45 •Prime Location: Northern La Quinta is a vibrant and highly desirable place to live. •Alignment with City Vision: Fully adheres to La Quinta's established Mixed Use Overlay planning policies. •Commercial Revitalization: Transforms underutilized commercial property into a thriving space. •Housing Expansion: Contributes to increasing the local housing supply. •Housing Diversity: Broadens the range of housing options to meet diverse community needs. Why Flora at Jefferson Square? La Quinta Housing Stats RHNA UNIT ALLOCATION RESIDENTIAL UNIT MIX 36415302012 2021 78%11%54%21%SFR - DETACHED MULTIFAMILY La Quinta Source: California Department of Finance 89 90 December 3, 2024 46 Retail Viability 42.5K Retail 5K Parking Codes in the Valley IndioPalm Springs Riversid e County Palm Desert Coachell a Rancho Mirage Jefferso n SP Indian Wells La Quinta 4253538442424284841 bedroom 4444655829585858582 bedroom 3641503618363636543 bedroom 1822009045452445guest 139159167178179181181202241Total Required 91 92 December 3, 2024 47 Traffic COMMERCIAL BUILDOUT: 2,336 NET TRIP GENERATION MULTIFAMILY BUILDOUT: 2,040 NET TRIP GENERATION 2-Story Communities FLORA SDP (within 75’of PL)RL ZoningStandard 2828Max Height 22Max Stories 4120Min Rear Yard Setback •Acacia •Aliso •Bella Vista •Del Rey •La Quinta Del Oro •La Quinta Highlands •Palm Royale •Quinterra •Starlight Dunes •Topaz Privacy 93 94 December 3, 2024 48 Mixed Use Overlay Land Use Policies Land Use Policy LU-7.1: “Encourage the mixed use development in appropriate locations.” Land Use Policy LU-7.1.a: “Establish a Mixed Use Overlay for all the commercial zoning designations.” Land Use Policy LU-7.4.a: “Consider density bonuses, modified parking requirements, expedited entitlement and building permit processing and fee waivers for Mixed Use projects. “For mixed use, residential and commercial development projects, the SP allows flexibility in design and site planning which might otherwise be restricted by issues with the project physical features, or the standards of the Zoning Ordinance. SPs can provide for changes and easing of zoning standards, when the quality of the development, and/or amenities compensate for these changes.” (La Quinta 2035 General Plan, Land Use, pg. II-15) “Mixed use projects can include….horizontal mixed use – where retail/office uses and higher density residential occur next to each other, and are integrated through pedestrian connections and common areas; or mixed use added to existing commercial development – where the residential project abuts or wraps around an existing commercial development.” (La Quinta 2035 General Plan, Land Use, pg. II-3-4) Thank You for your time and consideration 95 96 December 3, 2024 49 Supplemental Slides Privacy Hedge 97 98 December 3, 2024 50 Jefferson Square Reimagined •Transform Jefferson Square into a thriving “horizontal" mixed-use community. •Create a synergistic relationship between existing retail and the proposed residences. •Provide alternative housing for teachers, trades people, healthcare workers, recent college grads, young families and seniors. •Build a high quality, pedestrian friendly, walkable community that will stand the test of time. / Community Insights Commercial preferred Property Values Privacy Height Monticello Park Parking @ Monticello Traffic Schools 99 100 December 3, 2024 51 / Single Family Detached in the Valley 78% 71%70%68%65% 57%57% 40%39% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% La Quinta Coachella Indio Indian Wells Desert Hot Springs Cathedral City Rancho Mirage Palm Desert Palm Springs AVG - / Multifamily in the Valley 9.8%11.1%11.1% 17.2%18.1% 20.1% 22.1% 26.3% 31.5% 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% Rancho Mirage Indian Wells La Quinta Indio Cathedral City Coachella Palm Desert Desert Hot Springs Palm Springs Total Multifamily AVG - 101 102 December 3, 2024 52 Student Enrollment 2022-232021-222020-21School 782805762Earhart Elementary 1,0451,0921,167Glenn Middle School 2,5002,5822,511La Quinta High 0 1000 2000 3000 2020-21 2021-22 2022-23 Earhart Elementary Glenn Middle School La Quinta High KEY ECONOMIC INDICATORS - PAST 3 YEARS SOURCE: HTTPS://FRED.STLOUISFED.ORG/SERIES/CASTHPI •Cost of Construction > 60 %•Construction Loan > 100%•Project Valuation < 5 - 20%•Rent Growth > 5 - 10%•Operational Costs > 20 – 30% > increase < decrease 103 104 December 3, 2024 53 Underground Stormwater Basin Aboveground Stormwater Basin Restricted Drive Fire Main Site Constraints and Solutions 134’ 41’ Site Constraints and Solutions 105 106 December 3, 2024 54 Site Development Timeline 2004 Jefferson Square SP was approved for a 102,402 SF shopping center. 2005 SPA 1 was approved for a 100,731 SF shopping center. 2008 SPA 2 was approved for a 90,441 SF shopping center. 2009 Construction was completed. Fresh and Easy Market failed to open. OSH canceled lease. 2013 CC approved the GP Update introducing Mixed Use Overlay policy. 2016 PC approved 38K SF fitness center (In- Shape Fitness). Developer forfeited entitlements. 2018 Hotel developer (160- room, 9K SF retail) withdrew planning application after 2nd PC meeting. 2021 Dutch Bros. Coffee opened for business. Developmen t Standards SDPMURHPA 2 - SPA No. 3Development Standard 17.512/2412/16 12/24Min. / Max. development intensity (du/ac) 43.7543.754043.75Maximum structure height (ft.) 28222228Max structure height within 150 ft. of Jefferson Street (ft.) 28NANA28 Max structure height within 75 ft. of southern property line where adjacent to single- family residential 3-33Maximum number of stories 2-32 Maximum number of stories within 75 ft. of southern property line where adjacent to single-family residential Minimum livable area excluding garage (sq. ft.) 697-750600One-bedroom apartment 1,063-750800Two-bedroom apartment --7501,000Three-Bedroom plus apartment 1,734-7501,200Townhome or Condo ~413020 (rear- yard)30 Building Setback From Residential and Parks and Recreation districts (ft.) 107 108 December 3, 2024 55 Parking Standards RHJefferson Square SPDevelopment Standard 1 covered space per unit, plus 0.5 guest spaces per unit 1 covered space per unit, plus 0.5 guest spaces per unitStudio 2 covered spaces per unit plus 0.5 guest spaces per unit 1 covered space per unit, plus 0.5 guest spaces per unitOne-bedroom 2 covered spaces per unit plus 0.5 guest spaces per unit 2 covered spaces per unit plus 0.5 guest spaces per unitTwo-bedroom 3 covered spaces per unit plus 0.5 covered spaces per each bedroom over three, plus 0.5 guest spaces per unit 2 covered spaces per unit plus 0.5 guest spaces per unitThree-bedroom 3 covered spaces per unit plus 0.5 covered spaces per each bedroom over three, plus 0.5 guest spaces per unit 3 covered spaces per unit plus 0.5 covered spaces per each bedroom over three, plus 0.5 guest spaces per unit Four or more bedroom Plan Modifications Proposed PlanJune 2022 PlanDescription 89 (17.5 units per acre or 20% drop)112 (22 units per acre)Unit Count 71 / 18100 / 12Apartments / Townhomes Pool, spa, outdoor cooking and seating areas, walking path, playground, extensive landscape, gathering areas, gym, community room, co- working space, lobby, private garages, and private outdoor living space. UnknownAmenities 2 story along southern PL (2-story max within 75’ of southern PL)3-Story throughoutStories BLDG 1: 43.75’ (35’ to parapet) BLDGS 2 & 3: 38’ (32’ to parapet) BLDGS 5 & 6: 28’ (22’ to parapet) 43.75 ftHeight BLDG 1: ~134’ from southern PL BLGG 5 & 6: ~41 ft from southern PL30 ft from southern PLBuilding Setbacks 12’ tall privacy hedge, 165’ in length along southern PLNot addressedPrivacy 1-bedroom: 1 covered stall 2-bedroom: 2 covered stalls Townhome: Private 2 car garage Not providedParking 109 110 December 3, 2024 56 Building 4, 5 and 6 Elevations Vista Dunes Jefferson Site 111 112 December 3, 2024 57 Jefferson Square Specific Plan Amendment No. 2 City of La Quinta Code Section 9.80.020 113 114 December 3, 2024 58 City Council Meeting December 3, 2024 PH2 – 51407 Avenida Velasco LANDMARK DESIGNATION 2024-0001 Proposal • A request by the property owners to designate their “casita” home located at 51407 Avenida Velasco as a locally designated historic landmark 115 116 December 3, 2024 59 Background • Location: The Cove 51407 Avenida Velasco 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 LQMC. 117 118 December 3, 2024 60 Background In 2023 the City updated its Survey of Historic Resources. The Survey inventoried all properties and improvements in the City that are 45 years of age or older, along with any historically significant landscape or agricultural features. The Survey identified sites determined as eligible for either local, State or national listing (landmark designation) of historic places. Background 51407 Avenida Velasco was surveyed for its historic significance and it was determined that the dwelling may retain a sufficient level of integrity from the 1935 to 1950 period of significance for individual designation. 119 120 December 3, 2024 61 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 121 122 December 3, 2024 62 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 • 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 123 124 December 3, 2024 63 Landmark Designation Landmark Designation 125 126 December 3, 2024 64 Landmark Designation Landmark Designation 127 128 December 3, 2024 65 Landmark Designation Landmark Designation 129 130 December 3, 2024 66 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. 131 132 December 3, 2024 67 Historical Aerials Garage Addition 133 134 December 3, 2024 68 Garage and Patio Conversion Front Property Wall 135 136 December 3, 2024 69 Reroof Criteria Council 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) At its November 12, 2024 meeting, Planning Commission unanimously recommended approval of the landmark designation of 51407 Avenida Velasco. 137 138 December 3, 2024 70 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. 139 140 December 3, 2024 71 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, original bell, casement windows and Spanish revival color palette. While later building improvements were added, the integrity of the original features is intact, and the additional building elements are consistent with the Spanish Revival architectural style. 141 142 December 3, 2024 72 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) 143 144 December 3, 2024 73 145 WRITTEN PUBLIC COMMENTS CITY COUNCIL MEETING DECEMBER 3, 2024 1 From:Philip Bettencourt <philip@bettencourtplans.com> Sent:Tuesday, December 3, 2024 9:06 AM To:City Clerk Mail Cc:'Hamby, JB'; Jon McMillen; 'Carrillo, Susie'; gg@thedvba.org; Sherry Barkas; Laurie McGinley Subject:Coachella Valley Power Agency (Proposed): Study Session Review. Colleagues (city council members and staff), I am writing concerning the proposed Coachella Valley Power Agency Joint Powers Agreement on today’s city council agenda As you will recall, I have served as an at-large cities Commissioner on the Coachella Valley Energy Commission (CVEC). During my term I have visited each of the member cities as well as the Santa Rosa Community Council and the Bermuda Dunes Community Council to talk about the important work of the CVEC. I have also attended the meetings of the IID Energy Consumers Advisory Committee,( recently abolished by IID Directors) and the Desert Valley Builders Association (DVBA). From my experience, I support the concept of the Joint Powers Agreement as a logical next step in creating a successor agency for electrical power management in the Coachella Valley. That having been said, I certainly defer to the good judgement of elected officials of the creation agencies as to how best to proceed. The at-large members in the current CVEC are not provided for in the prosed Join Powers Agreement although there are arrangements for creation special ad hoc committees. Also, I note that the agreement in today’s city council agenda package is dated November 14, 2024, and appears to be the same agreement already presented to the CVEC from the Coachella Valley Association of Governments (CVAG) and continued for further staff review and refinement. Before proceeding to next steps, I believe you would be well served to have any refined draft from the CVAG staff as well as the analysis of your own city attorney. Thank you – and holiday best wishes to all. Philip F. & Meredith Bettencourt Real Estate Development Planning | Stewardship 78-365 Highway 111, No 432 La Quinta, CA 92253 949-874-4443 | Tewlephone or text at will CITY COUNCIL MEETING - DECEMBER 3, 2024 - WRITTEN PUBLIC COMMENTS FROM PHILIP & MEREDITH BETTENCOURT STUDY SESSION ITEM NO. 1 - COMMENTS REGARDING THE PROPOSED COACHELLA VALLEY POWER AGENCY JPA 1 From:Brandon Marley <bmarley@gcvcc.org> Sent:Tuesday, December 3, 2024 9:45 AM To:City Clerk Mail Subject:Flora Support Letter Attachments:GCVCC Community Support Flora La Quinta.pdf Good morning, I sent this over when it was at planning but wasn’t sure if it got to council. Please let me know if you need anything else. Brandon Marley President/CEO 760-347-0676 bmarley@gcvcc.org www.GCVCC.org CITY COUNCIL MEETING - DECEMBER 3, 2024 - WRITTEN PUBLIC COMMENTS FROM GREATER COACHELLA VALLEY CHAMBER OF COMMERCE PRESIDENT/CEO BRANDON MARLEY - PUBLIC HEARING ITEM NO. 1 - LETTER IN SUPPORT OF PROPOSED RESIDENTIAL DEVELOPMENT 10/3/24 Greater Coachella Valley Chamber of Commerce 45149 Smurr Street Indio, CA 92201 La Quinta City Council 78-495 Calle Tampico La Quinta, CA 92253 Dear Members of the La Quinta City Council, I am writing to voice my support for the proposed Flora multifamily residential project. As a representative of the business community and someone deeply invested in the future of La Quinta, I believe this mixed used development represents a forward-thinking approach to addressing our community's housing needs. The Flora project is not just another residential development; it is a solution to the increasing demand for accessible and modern housing that caters to a broad spectrum of residents, including young professionals, families, retirees and more importantly our employees. By providing a range of housing options, Flora will help retain and attract talent to our area, which in turn supports the local economy and enriches the social fabric of our community. I believe that approving this project will signal the city’s commitment to smart growth, ensuring that La Quinta remains a desirable place to live and work. As a business owner, I am excited about the opportunities this development will bring to Jefferson Square, including increased foot traffic and much needed energy. I strongly urge the City Council to support the Flora project and help pave the way for a prosperous future for La Quinta. Thank you, Brandon Marley President/CEO Greater Coachella Valley Chamber of Commerce